Part 1 General Provisions
Chapter I The Tasks, Basic Principles and Scope of
Application of the Criminal Law
Article 1 This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in the light of the concrete experiences in fighting against crimes and the actual circumstances.
Article 2 The tasks of the Criminal Law of the People's Republic of China are to use criminal punishments to fight against all criminal acts in order to defend the security of the State; to defend the political power of the people's dictatorship and socialist system; to protect property owned by the State and the property collectively owned by the working people; to protect the citizens' privately owned property; to protect the citizens' rights of the person and their democratic and other rights; to maintain
public order and economical order, and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.
Article 3 Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with the law; where an act is not expressly defined in the laws as a criminal act, it shall not be determined and punished as a criminal act.
Article 4 Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law.
Article 5 The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the criminals.
Article 6 This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, unless the case is covered by special legal provisions. This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People's Republic of China. If the criminal act or its consequence takes place within the territory of the People's Republic of China, the crime shall be deemed to have been committed within the territory of the People's Republic of China.
Article 7 This Law is applicable to the citizens of the People's
Republic of China who commit crimes prescribed in this Law outside the
territory of the People's Republic of China; however, they may not be
investigated if for those crimes this Law prescribes a maximum
punishment of fixed-term imprisonment of not more than three years.
This Law is applicable to state functionaries and servicemen of the People's
Republic of China who commit crimes outside the territory of the
People's Republic of China.
Article 8 This Law may be applicable to any
foreigner who commits a crime outside the territory of the People's
Republic of China, against the state of the People's Republic of China
or against its citizens, if for that crime this Law prescribes a minimum
punishment of fixed-term imprisonment of not less than three years;
however, this does not apply to a crime that is not punishable according
to the law of the place where it was committed.
Article 9 This Law is applicable to the crimes prescribed in the international treaties
concluded or acceded to by the People's Republic of China and over which
the People's Republic of China has criminal jurisdiction within its
obligation in accordance with the treaties.
Article 10 If any person commits a crime outside the territory of the People's
Republic of China for which according to this Law he would bear criminal responsibility,
he may still be dealt with according to this Law, even if he has already
been tried in a foreign country. However, if he has already received
criminal punishment in the foreign country, he may be exempted from
punishment or given a mitigated punishment.
Article 11 The criminal responsibility of foreigners who enjoy diplomatic privileges and
immunities shall be resolved through diplomatic channels.
Article 12 If an act committed after the founding of the People's Republic of China
and before the entry into force of this Law was not deemed a crime under
the laws in force at the time, those laws shall apply. If the act was
deemed a crime under the laws in force at that time and is subject to
prosecution under the provisions of Section 8, Chapter IV of the General
Provisions of this Law, criminal responsibility shall be investigated
according to those laws. However, if this Law does not deem it a crime
or imposes a lighter punishment, this Law shall apply.
The effective judgments made in accordance with the laws in force at that time
before the entry into force of this Law, shall keep their effectiveness.
Chapter II Crimes
Section 1 Crimes and Criminal Responsibility
Article 13 A crime refers to an act that endangers the sovereignty and
territorial integrity and security of the state; dismembers the state
and subverts the political power of the people's dictatorship and
overthrows the socialist system; disrupts social order and economic
order; violates property owned by the state or collectively owned by the
working people; violates the citizens' privately owned property or
infringes upon the citizens' rights of the person and their democratic
and other rights; and any other act that endangers society and is
punishable according to law. However, an act that is clearly of minor
importance and little harm shall not be considered a crime.
Article 14 An intentional crime refers to a crime committed by a person who clearly
knows that his act will produce socially dangerous consequences but who
wishes or allows such consequences to occur.
Criminal responsibility shall be borne for intentional crimes.
Article 15 A negligent crime refers to a crime committed by a person who should
have foreseen that his act would possibly produce socially dangerous consequences
but who fails to do so through negligence or, having foreseen the consequences,
readily believes that they can be avoided, the result being that these
consequences do occur.
Criminal responsibility shall be borne for negligent crimes only when the law so provides.
Article 16 If an act in fact results in harmful consequences due to unavoidable or
unforeseeable causes rather than intent or negligence, it shall not be a crime.
Article 17 Any person who has reached the age of 16 and who commits a
crime shall bear criminal responsibility.
Any person who has reached the age of 14 but not the age of 16 and who
commits homicide, intentionally injuring another person resulting in serious bodily
injury or death, rape, robbery, selling narcotic drugs, arson, causing explosion, or
spreading poisons, shall bear criminal responsibility.
Any person who has reached the age of 14 but not the age of 18 and who
commits a crime shall be given a lighter or mitigated punishment.
If a person is not punished because he has not reached the age of 16, the
head of his family or his guardian shall be ordered to discipline and educate him.
When necessary, he may also be taken in by the government for
reeducation.
Article 18 If a mental patient causes dangerous
consequences at a time when he is unable to recognize or control his own
conduct, and such a circumstance is confirmed by a forensic doctor, he
shall not bear criminal responsibility, but his family members or
guardian shall be ordered to keep him under strict surveillance and
arrange for his medical treatment. When necessary, he may also be
arranged for medical treatment under coercion by the government.
Any person whose mental illness is of an intermittent nature shall bear
criminal responsibility if he commits a crime when he is in a normal
mental state.
Any mental patient who does not lose completely the ability
to recognize or control his own conduct and commits a crime shall bear
criminal responsibility, but he may be given a lighter or mitigated
punishment.
Any intoxicated person who commits a crime shall bear
criminal responsibility.
Article 19 Any deaf-mute or blind person who commits a crime may be given a
lighter or mitigated punishment or be exempted from punishment.
Article 20 Where a person conducts an act to stop an unlawful infringement
in order to avert an immediate and unlawful infringement of the state's
interest or of the public interest or of his own or another person's rights of
the person, or property rights, or other rights, resulting in harm to the unlawful infringer,
such an act shall be justifiable defence, and criminal responsibility
shall not be borne for such an act.
Criminal responsibility shall be borne if justifiable defence apparently exceeds
the limits of necessity and causes serious harm; however, a mitigated punishment
or exemption from punishment shall be given.
Where a defence is conducted to an immediate violent crime of committing
physical assault, committing homicide, robbery, rape, kidnapping, and other
crimes seriously endangering the security of a person, and it causes bodily injury or
death to the unlawful infringer, such an act shall not be defence that
exceeds the limits of necessity, and criminal responsibility shall not
be borne for such an act.
Article 21 Criminal responsibility shall not be borne for an act that a person is
compelled to commit in an emergency to avert an immediate danger to the state's
interest or the public interest or to his own or another person's rights of the person
or property rights or other rights, and that causes harm.
Criminal responsibility shall be borne if an act committed in an emergency to
avert danger exceeds the limits of necessity and causes undue harm;
however, a mitigated punishment or exemption from punishment shall be
given.
The provisions of the first paragraph of this Article with respect
to averting danger to oneself shall not apply to a person who is charged
with specific responsibility in his post or profession.
Section 2
Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime
Article 22 Preparation for a crime refers to the preparation of the
instruments or the creation of the conditions for a crime.
An offender who prepares for a crime may, in comparison with one who completed
the crime, be given a lighter or mitigated punishment or be exempted from
punishment.
Article 23 A criminal attempt refers to a case where an offender has already
begun to commit a crime but is prevented from completing it for reasons
independent of his will.
An offender who attempts to commit a crime may, in comparison with one
who completed the crime, be given a lighter or mitigated punishment.
Article 24 Discontinuation of a crime refers to cases where, in the process of
committing a crime, the offender voluntarily quits continuing the crime
or voluntarily and effectively prevents the consequences of the crime
from occurring.
Where an offender who discontinues a crime and causes no
harm, exempted from punishment shall be given; where an offender causes
harm, a mitigated punishment shall be given.
Section 3 Joint Crimes
Article 25 A joint crime refers to an intentional crime committed by two
or more persons jointly.
A negligent crime committed by two or more persons jointly shall not be punished
as a joint crime; those who should bear criminal responsibility shall be individually
punished according to the crimes they have committed.
Article 26 A principal criminal refers to any person who organizes and leads a
criminal group in carrying out criminal activities or plays a principal role in a joint crime.
A criminal group refers to any relatively stable criminal organization
which is composed of more than three persons for the purpose of
committing a crime jointly.
A ringleader who organizes and leads a criminal group shall be given a punishment
according to all the crimes the group has committed.
A principal criminal unless otherwise stipulated in the third paragraph shall be given
a punishment according to all the crimes that he participates in or organizes or commands.
Article 27 An accomplice refers to any person who plays a secondary or auxiliary
role in a joint crime.
An accomplice shall be given a lighter or mitigated punishment or be exempted
from punishment.
Article 28 A person who is compelled to participate in a crime shall, according to
the circumstances of his crime, be given a mitigated punishment or be
exempted from punishment.
Article 29 A person who instigates others to commit a crime shall be punished
according to the role he has played in the joint crime. Anyone who instigates
a person under the age of 18 to commit a crime shall be given a heavier punishment.
If the instigated person has not committed the instigated crime, the instigator
may be given a lighter or mitigated punishment.
Section 4 Crimes Committed by a Unit
Article 30 A company, enterprise, institution, organ, or public
organization that conducts an act harmful to society, where such an act
is stipulated as a crime, shall bear criminal responsibility.
Article 31 A unit which commits a crime shall be punished with a fine, and the
person(s) directly in charge and other person(s) directly involved in
the crime shall be given a punishment. Where Specific Provisions of this
Law or other laws stipulate otherwise, such stipulation shall be
applied.
Chapter III Punishments
Section 1 Types of Punishments
Article 32 Punishments are divided into principal punishments and supplementary
punishments.
Article 33 The principal punishments are as follows:
(1) public surveillance;
(2) criminal detention;
(3) fixed-term imprisonment;
(4) life imprisonment;
and (5) the death penalty.
Article 34 The supplementary punishments are as follows: (1) fines; (2)
deprivation of political rights; and (3) confiscation of property.
Supplementary punishments may be imposed independently.
Article 35 Deportation may be imposed independently or supplementarily to a
foreigner who commits a crime.
Article 36 If a victim has suffered economic losses as a result of a crime, the
criminal shall, in addition to receiving a criminal sanction according to law, be sentenced to make compensation for the economic losses in the light of the
circumstances.
If a criminal who bears civil responsibility and is punished with a fine in the
meantime, has no enough property to pay off, or is punished with confiscation
of property, he shall first bear responsibility of civil compensation to the victim.
Article 37 If the circumstances of a person's crime are minor and do not require
punishment, he may be exempted from criminal sanctions; however, he may,
according to the different circumstances of each case, be reprimanded or
ordered to make a statement of repentance, offer an apology, pay
compensation for the losses or be subject to administrative punishment
or administrative sanctions by the competent department.
Section 2 Public Surveillance
Article 38 The term of public surveillance shall not be less than three months and
not more than two years.Where a criminal is sentenced to public surveillance,
his sentence shall be executed by a public security organ.
Article 39 A criminal who is sentenced to public surveillance must observe the
following rules during the term in which his sentence is being executed: (1) observe
laws and administrative regulations, submit to supervision; (2) forbidden to
exercise the rights of freedom of speech, of the press, of assembly, of
association, of procession and of demonstration without approval of the
public organ; (3) report on his own activities according to the demand
of the organ executing the public surveillance; (4) observe the
stipulation on meeting with guests by the organ executing the public
surveillance; and (5) report and obtain approval from the organ
executing public surveillance for departure from the county or city
where he lives or change in residence.
Criminals sentenced to public surveillance shall, while engaged in labour, receive
equal pay for equal work.
Article 40 Upon the expiration of a term of public surveillance,
the executing organ shall immediately announce the termination of public
surveillance to the criminal sentenced to public surveillance and to his
unit or the masses of the place of his residence.
Article 41 A term of public surveillance shall be counted from the date
the judgment begins to be executed; if the criminal is held in custody
before the execution
of the judgment, each day spent in custody shall be considered as two
days of the term sentenced.
Section 3 Criminal Detention
Article 42 A term of criminal detention shall not be less than 1 months and not
more than 6 months.
Article 43 Where a criminal is sentenced to criminal detention, his sentence shall
be executed by the public security organ in the vicinity.
During the period of execution, a criminal sentenced to
criminal detention may go home for one to two days each month; an
appropriate remuneration may be given to those who participate in
labour.
Article 44 A term of criminal detention shall be counted from
the date the judgment begins to be executed; if the criminal is held in
custody before the execution of the judgment, each day in custody shall
be considered as one day of the term sentenced.
Section 4 Fixed-Term Imprisonment and Life Imprisonment
Article 45 A term of fixed-term imprisonment, unless otherwise stipulated in
Article 50 and Article 69, shall not be less than 6 months and not more than 15 years.
Article 46 A criminal sentenced to fixed-term imprisonment or life imprisonment
shall serve his sentence in prison or another place for execution. Anyone who
is able to work shall participate in labour, and accepts education and
reform.
Article 47 A term of fixed-term imprisonment shall be counted
from the date the judgment begins to be executed; if the criminal is
held in custody before the execution of the judgment, each day in
custody shall be considered as one day of the term sentenced.
Section 5 The Death Penalty
Article 48 The death penalty shall only be applied to criminals who have
committed the most heinous crimes. If the immediate execution of a criminal
punishable by death is not deemed necessary, a two-year suspension of execution
may be pronounced simultaneously with the imposition of the death sentence.
All death sentences except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for approval.
Death sentences with a suspension of execution may be decided or
approved by a higher people's court.
Article 49 The death penalty shall not be imposed on persons who had not reached
the age of 18 at the time the crime was committed or to women who are pregnant
at the time of trial.
Article 50 If a person sentenced to death with a suspension of
execution does not commit an intentional crime during the period of
suspension, his punishment shall be commuted to life imprisonment upon
the expiration of that two-year period; if he performs great meritorious
service, his punishment shall be commuted to fixed-term imprisonment of
not less than 15 years and not more than 20 years upon the expiration of
that two-year period; if it is verified that be has committed an
intentional crime, the death penalty shall be executed upon the approval
of the Supreme People's Court.
Article 51 The term of suspension of execution of a death penalty shall be
counted from the date the judgment becomes final. The term of a fixed-term
imprisonment that is commuted from a death penalty with suspension of execution
shall be counted from the date of expiration of the term of suspension of
execution of a death.
Section 6 Fines
Article 52 The amount of any fine imposed shall be determined according to the
circumstances of the crime.
Article 53 A fine may be paid in a lump sum or in installments within the time limit
specified in the judgment. If a fine is not paid upon the expiration of
that time limit, the payment shall be compelled. If a person is unable
to pay all the fine, a people's court shall, when it finds that the
person subjected to execution has any other property, pursue the payment
at any time. If a person has true difficulties in paying because of an
unavoidable disaster, the fine may be reduced or remitted according to
the circumstances.
Section 7 Deprivation of Political Rights
Article 54 Deprivation of political rights refers to deprivation of the following
rights: (1) the right to vote and to stand for election; (2) the rights
of freedom of speech, of the press, of assembly, of association, of
procession, and of demonstration; (3) the right to hold a position in a
state organ; and (4) the right to hold a leading position in any
state-owned company or enterprise, institution or people's organization.
Article 55 A term of deprivation of political rights shall not be less
than one year and not more than five years, except as stipulated in
Article 57 of this Law.
If a person sentenced to public surveillance is deprived of political rights
as a supplementary punishment, the term of deprivation of political rights shall
be the same as the term of public surveillance, and the punishments shall be
executed simultaneously.
Article 56 Criminals who commit crimes of endangering the state security
shall be sentenced to deprivation of political rights as a supplementary
punishment; Criminals who commit crimes of intentional homicide, rape,
arson, causing explosion, spreading poisons, robbery and other crimes
which seriously undermine public order may also be sentenced to
deprivation of political rights as a supplementary punishment.
If deprivation of political rights is imposed independently, stipulation of
the Specific Provisions of this Law shall be applied.
Article 57 Criminals who are sentenced to death or to life imprisonment shall be
deprived of political rights for life.
If a death penalty with a suspension of execution is commuted to a fixed-term
imprisonment, or a life imprisonment is commuted to a fixed-term imprisonment,
the term of the supplementary punishment of deprivation of political rights shall be
changed to not less than three years and not more than ten years.
Article 58 A term of deprivation of political rights as a supplementary
punishment shall be counted from the date on which imprisonment or
criminal detention ends or from the date on which parole begins.
Deprivation of political rights shall of course be in effect during the
period in which the principal punishment is being executed.
Criminals who are sentenced to deprivation of political rights shall observe laws
and administrative regulations and relevant stipulations on supervision and
administration promulgated by the Department of Public Security under
the State Council, submit to supervision; and shall not exercise the
rights of freedom stipulated in Article 54 of this Law.
Section 8 Confiscation of Property
Article 59 Confiscation of property refers to the confiscation of part or all of the
property personally owned by a criminal. When all of the property of a criminal is
confiscated, necessaries of life for the criminal and his dependent family members
shall be left out.
When a sentence of confiscation of property is imposed, property that the
criminal's family members own or should own shall not be subject to confiscation.
Article 60 If it is necessary to use a confiscated property to repay legitimate
debts that the criminal incurred before his property is confiscated, such debts
shall be paid at the request of the creditors.
Chapter IV The Concrete Application of Punishments
Section 1 Sentencing
Article 61 When sentencing a criminal, a punishment shall be imposed based on
the facts, nature and circumstances of the crime, the degree of harm done to
society and the relevant provisions of this Law.
Article 62 In cases where the circumstances of a crime call for a heavier or a lighter
punishment under the provisions of this Law, the criminal shall be sentenced to a
punishment within the limits of the prescribed punishment.
Article 63 In cases where the circumstances of a crime call for a mitigated
punishment under the provisions of this Law, the criminal shall be sentenced to a
punishment less than the prescribed punishment.
Even if the circumstances of a crime do not warrant a mitigated punishment
under the provisions of this Law, the criminal may, upon approval of the Supreme
People's Court, be sentenced to a punishment less than the prescribed punishment
according to the special particulars of the case.
Article 64 All property illegally obtained by a criminal shall be recovered, or
compensation shall be ordered. Legal property of the victim shall be
returned. Contrabands and possessions of the criminal that were used in
the crime shall be confiscated. The property confiscated and fine shall
be turned over to the State Treasury, and shall not be misappropriated
or disposed without authorization.
Section 2 Recidivists
Article 65 If a criminal commits another crime punishable by fixed-term imprisonment
or heavier penalty within five years after serving his sentence of not less than
fixed-term imprisonment or receiving a pardon, he is a recidivist
and shall be given a heavier punishment. However, this shall not apply
to cases of negligent crime.
For criminals who are paroled, the period stipulated in the preceding paragraph
shall be counted from the date the parole expires.
Article 66 A criminal who has committed a crime of
endangering the state's security at any time after serving his sentence
or receiving a pardon shall, if he commits another crime of endangering
the state's security, be dealt with as a recidivist.
Section 3 Voluntary
Surrender and Rendering Meritorious Service
Article 67 Voluntary Surrender refers to the case that anyone who voluntarily
surrenders himself to a judicial organ after committing a crime, and truthfully
confesses his crime. A criminal who conducts voluntary surrender may be
given a lighter or mitigated punishment. Those whose crimes are
relatively minor may be exempted from punishment.
If a suspected criminal or defendant under compulsory measure or criminal who
serves a sentence truthfully confesses his other crimes that is unknown to a
judicial organ, he shall be dealt with as voluntary surrender.
Article 68 A criminal who is verified that he discloses another person's crime, or
provides key clues that lead to solve another case or renders other
meritorious service may be given a lighter or mitigated punishment.
Those who renders great meritorious service may be given a mitigated
punishment or be exempted from punishment.
Those who not only conducts voluntary surrender but also renders great
meritorious service shall be given a lighter punishment or be exempted from punishment.
Section 4 Combined Punishment for Several Crimes
Article 69 For a criminal who commits several crimes before a judgment is pronounced,
unless he is sentenced to death or life imprisonment, his term of punishment shall be
decided in such a way that it may not exceed the total of the terms for all the crimes
and must be longer than the maximum term for any one of
the crimes, depending on the circumstances of each case. However, the
term of public surveillance may not exceed three years, the term of
criminal detention may not exceed one year, and fixed-term imprisonment
may not exceed twenty years.
If among the crimes there are any for which a supplementary punishment is imposed,
the supplementary punishment must still be executed.
Article 70 If after a judgment has been pronounced but before the punishment has
been completely executed it is discovered that before the judgment was pronounced
the criminal committed another crime for which he was not sentenced, a judgment
shall also be rendered for the newly discovered crime; the punishment to be executed
shall be determined on the basis of the punishments imposed in the former and latter
judgments and according to the provisions of Article 69 of this
Law. Any portion of the term that has already been served shall count
towards fulfilment of the term imposed by the latest judgment.
Article 71 If after a judgment has been pronounced but before the punishment has
been completely executed the criminal again commits a crime, another
judgment shall be rendered for the newly committed crime; the punishment
to be executed shall be decided on the basis of the punishment that
remains to be executed for the former crime and the punishment imposed
for the latter crime and according to the provisions of Article 69 of
this Law.
Section 5 Suspension of Sentence
Article 72 A suspension of sentence may be granted to a criminal sentenced to
criminal detention or to fixed-term imprisonment of not more than three years if,
according to the circumstances of his crime and his demonstration of repentance,
suspension of the sentence will not result in further harm to society.
If a supplementary punishment has been imposed on a criminal whose sentence
has been suspended, the supplementary punishment must still be executed.
Article 73 The probation period for suspension of criminal detention
shall be not less than the term originally decided and not more than one
year, but it may not be less than two months.
The probation period for suspension of fixed-term imprisonment shall be not less
than the term originally decided and not more than five years, but it may not be
less than one year.
The probation period for suspension of sentence shall be counted from the date
the judgment is made final.
Article 74 Suspension of sentence shall not be applied to recidivists.
Article 75 A criminal whose sentence has been suspended shall observe following provisions:
(1) observe laws and administrative regulations, submit to supervision;
(2) report his own activities according to observing organs'
stipulations;
(3) observe observing organs' stipulations on meeting with
guests;
and (4) report and obtain approval from observing organs for any
departure from the city or county where he lives or change in residence.
Article 76 A criminal whose sentence has been suspended shall, during
the probation period for suspension, observed by the public security
organ, and the unit to which he belongs or a basic-level organization
shall take concerted action. If the cases stipulated in Article 77 of
this Law do not occur, the punishment originally decided shall not be
executed upon the expiration of the probation period for suspension, and
such a fact shall be declared in public.
Article 77 During the probation period for suspension, if a criminal whose sentence
has been suspended commits further crime or, is found that he committed another
crime for which he was not sentenced, the suspension shall be revoked and a
judgment shall also be rendered for the newly committed crime or newly
discovered crime, and the punishment to be executed shall be decided on
the basis of the punishment for the former and latter crimes and
according to the provisions of Article 69 of this Law.
A criminal whose sentence has been suspended shall, if he violates a law or a
regulation or relevant provisions concerning supervision and administration on
suspension promulgated by the Department of Public Security under the
State Council during the probation period for suspension, and the
circumstance of such violation is severe, suspension shall be revoked
and punishment originally decided shall be executed.
Section 6 Commutation of Punishment
Article 78 A criminal sentenced to public surveillance, criminal detention, fixed-term
imprisonment or life imprisonment may have his punishment commuted if he observes
the rules of prison conscientiously, accepts education and reform, and shows true
repentance or performs meritorious service while serving his sentence.
Those who perform any of following great meritorious service shall have
punishment commuted: (1) prevent other persons from committing serious
crimes; (2) bring accusations with respect to the serious crimes within
or outside the prison, and such accusation is verified; (3) conduct
invention, creation or great technical innovation; (4) risk life to save
others in routine production and life; (5) make outstanding performance
in resisting natural disaster or in removing serious accident; or (6)
provide other great contributions to the state and society.
After commutation, the term of punishment actually to be served by those
sentenced to public surveillance, criminal detention or fixed-term
imprisonment may not be less than half of the term originally decided;
for those sentenced to life imprisonment, it may not be less than ten
years.
Article 79 Commutation of punishment of a criminal shall be put
forward in the form of the proposal document concerning commutation of
punishment by the executing organ towards an intermediate people's court
or a people's court at higher level. The people's courts shall form a
collegial panel to hold a trial, and decide commutation of punishment
for those who show true repentance or have fact of performing
meritorious service. No commutation shall be decided unless by a legal
procedure.
Article 80 A term of fixed-term imprisonment that is commuted
from a life imprisonment shall be counted from the date the order of
commutation is issued.
Section 7 Parole
Article 81 Criminals sentenced to fixed-term imprisonment who have served more than
half of the term of their original sentence or criminals sentenced to life imprisonment
who have served not less than ten years of their term may be granted parole if they
observe rules of prison conscientiously, accept education and
reform, and show true repentance, and will no longer cause harm to
society after parole. If special circumstances exist, and upon approval
of the Supreme People's Court, the above restrictions relating to the
term served may be disregarded.
Recidivists and criminals sentenced to fixed-term imprisonment of more than ten years
or life imprisonment for violent crimes such as committing homicide, causing explosion,
robbery, rape and kidnapping shall not be granted parole.
Article 82 Parole of a criminal shall be decided according to the procedure stipulated
in Article 79 of this Law. No parole shall be granted unless by a legal
procedure.
Article 83 The probation period for parole in the case of a
fixed-term imprisonment shall be equal to the portion of the term that
has not been completed; the probation period for parole in the case of
life imprisonment shall be ten years.
The probation period for parole shall be counted from the date the criminal is released
on parole.
Article 84 A criminal who is granted parole shall observe following
provisions: (1) observe laws and administrative regulations, submit to
supervision; (2) report his own activities according to the stipulations
of the supervising organs; (3) observe the stipulations of meeting with
guests promulgated by the supervising organs; and (4) report and obtain
approval from the supervising organs for any departure from the city or
county where he lives or change in residence.
Article 85 A criminal who is granted parole shall be subject to supervision by a public
security organ during the probation period for parole. If the circumstance
stipulated in Article 86 of this Law does not occur, the punishment to
which he was originally sentenced shall be considered to have been
completely executed upon the expiration of the probation period for
parole; and such a fact shall be declared in public.
Article 86 If a criminal who is granted parole does commit further crime during the
probation period for parole, the parole shall be revoked and combined
punishment for several crimes shall be decided according to Article 71
of this Law.
During the probation period for parole, if a criminal who is
granted parole is found that before the judgment was announced he
committed another crime for which he was not sentenced, parole shall be
revoked and combined punishment for several crimes shall be decided
according to Article 70 of this Law.
A criminal who is granted parole shall, if he violates a law or an administrative regulation,
or a stipulation on supervision and administration concerning parole
promulgated by the Department of Public Security under the State Council
during the probation period for parole, and such an act does not
constitute a further crime, parole shall be revoked according to the
legal procedure, and the criminal shall be sent to prison for the
execution of the unexecuted punishment.
Section 8 Limitation
Article 87 Crimes shall not be prosecuted if the following periods have elapsed:
(1) five years, when the maximum prescribed punishment is fixed-term
imprisonment of less than five years; (2) ten years, when the maximum
prescribed punishment is fixed-term imprisonment of not less than five
years but less than ten years; (3) fifteen years, when the maximum
prescribed punishment is fixed-term imprisonment of not less than ten
years; and (4) twenty years, when the maximum prescribed punishment is
life imprisonment or death. If after twenty years it is considered that
a crime must be prosecuted, the matter must be submitted to the Supreme
People's Procuratorate for approval.
Article 88 No limitation on the period for prosecution shall be imposed with respect
to criminals who escape from investigation or trial after a people's procuratorate or
public security organ or state security organ places the case on file
and conducts investigation, or a people's court handles the case.No
limitation on the period for prosecution shall be imposed if a victim
puts forward accusation during a limitation period for prosecution, and
a people's court or people's procuratorate or public security organ
shall place the case on file but fails to do so.
Article 89 The limitation period for prosecution shall be counted from the date of
the crime; if the criminal act is of a continual or continuous nature, it
shall be counted from the date the criminal act is terminated.
If further crime is committed during a limitation period for prosecution, the
limitation period for prosecution of the former crime shall be counted
from the date the latter crime is committed.
Chapter V Other Provisions
Article 90 Where the provisions of this Law cannot be completely applied
in national autonomous areas, the people's congresses of those
autonomous regions or the provinces concerned may formulate adoptive or
supplementary provisions based on the political, economic and cultural
characteristics of the local nationalities and the basic principles
stipulated in this Law, and these provisions shall go into effect after
they have been submitted to and approved by the Standing Committee of
the National People's Congress.
Article 91 "Public property" as mentioned in this Law refers to the following:
(1) property owned by the state;
(2) property owned collectively by working people;
and (3) property by social donation and property as specific-purpose fund all of
which are used for helping the poor or for other causes of public
welfare.Private property that is being managed, used or transported by
the state organs, state-owned companies or enterprises, collective-owned
enterprises and people's organizations shall be treated as public
property.
Article 92 "Citizens' privately owned property" as mentioned
in this Law refers to the following: (1) citizens' lawfully earned
income, savings, houses and other means of livelihood; (2) any means of
production that are under individual or family ownership according to
law; (3) legal property owned by individual household and private
enterprises; and (4) shares, stocks, bonds and other property owned by
individuals according to law.
Article 93 "State functionaries" as mentioned in this Law refers to personnel of state
organs who are engaged in public service according to law.Personnel of state-owned
companies or enterprises or institutions and people's organizations who
are engaged in public service and personnel who are appointed and sent
by state organs, state-owned companies or enterprises or institutions to
non-state-owned companies or enterprises or institutions or mass
organizations to carry out public service, and other personnel who are
engaged in public service according to law, shall be treated as state
functionaries.
Article 94 "Judicial functionaries" as mentioned in this
Law refers to staff who have the functions of investigation,
prosecution, adjudication and supervision and management.
Article 95 "Serious injuries" as mentioned in this Law refers to any of the
following: (1) injuries resulting in loss of a person's use of a limb or
in disfigurement; (2) injuries resulting in loss of a person's hearing,
sight or the function of any other organ; and (3) other injuries that
cause grave harm to a person's physical health.
Article 96 "To violate the state stipulations" as mentioned in this Law refers to
violation of laws and decisions enacted by the National People's Congress and its
Standing Committee, and of administrative regulations enacted by the
State Council or administrative measures adopted by the State Council or
decisions and orders issued by the State Council.
Article 97 "Ringleader" as mentioned in this Law refers to any criminal who has the
role of organizing, planning or directing a criminal group or a crowd
assembled to commit a crime.
Article 98 "To be handled only upon complaint" as mentioned in this Law means that a
case shall only be handled if the victim brings a complaint. If the victim is unable to
bring a complaint because of coercion or intimidation, a people's
procuratorate or a close relative of the victim may bring his complaint.
Article 99 "Not less than", "not more than" and "within" as mentioned in
this Law all include the given figure.
Article 100 Any person who was given a criminal punishment shall, when joining the
army or getting a job, report truthfully that he was ever given a criminal punishment
to relevant units, and shall not conceal the fact.
Article 101 The General Provisions of this Law are applicable to other laws with provisions
for criminal punishments, unless otherwise provided in other laws.
Part 2 Specific Provisions
Chapter I Crimes of Endangering the State Security
Article 102 Whoever colludes with a foreign state in jeopardizing the sovereignty,
territorial integrity and security of the People's Republic
of China shall be sentenced to life imprisonment or fixed-term
imprisonment of not less than ten years.
Whoever colludes with an agency or organization or individual outside China and
commits the crime stipulated in the preceding paragraph shall be punished according
to the provisions of the preceding paragraph.
Article 103 Ringleaders who organize, scheme for or carry out dismembering the state
and undermining the unification of the state and those whose crimes are severe shall
be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.
Active participants shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
Other participants shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention, public surveillance or
deprivation of political rights.
Whoever incites dismembering the state and undermining the unification of the state
shall be sentenced to fixed-term imprisonment of not more than five years, criminal
detention, public surveillance or deprivation of political rights. Ringleaders or those
whose crimes are severe shall be sentenced to fixed-term
imprisonment of not less than five years.
Article 104 Ringleaders who organize, scheme for or carry out armed rebellion or
armed riot and those whose crimes are severe shall be sentenced to life imprisonment
or fixed-term imprisonment of not less than ten years. Active participants shall
be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. Other participants shall be sentenced
to fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political rights.
Whoever instigates, forces, lures, or bribes a state functionary or a member
of the armed forces, the people's police or the people's militia to conduct armed
rebellion or armed riot shall be given a heavier punishment according to the provisions
of the preceding paragraph.
Article 105 Ringleaders who organize, scheme for or carry out
subverting the state's political power and overthrowing the socialist
system and those whose crimes are severe shall be sentenced to life
imprisonment or fixed-term imprisonment of not less than ten years.
Active participants shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years. Other participants
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or deprivation of
political rights.
Whoever incites subverting the state's political power and overthrowing the socialist
system through starting a rumour or slander or by other means shall be sentenced
to fixed-term imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights. Ringleaders or those whose crimes are
severe shall be sentenced to fixed-term imprisonment of not less than five years.
Article 106 Whoever colludes with an agency or organization
or individual outside China and carries out any crime stipulated in the
provisions of Article 103, Article 104 or Article 105 in this Chapter
shall be given a heavier punishment according to the provisions of
relevant Article.
Article 107 Person(s) who directly bear the responsibility of an agency or organization
or individual within or outside China shall, if the agency or organization or individual
subsidizes an organization or individual within China in carrying out a crime stipulated
in Article 102, Article 103, Article 104 or Article 105
in this Chapter, be sentenced to fixed-term imprisonment of not more
than five years, criminal detention, public surveillance or deprivation
of political rights; if the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than five
years.
Article 108 Whoever defects to the enemy and turns traitor shall
be sentenced to fixed-term imprisonment of not less three years and not
more than ten years; if the circumstances are serious or the case
concerns the leading of members of the armed forces, the people's police
or the people's militia to defect to the enemy and turn traitor, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment.
Article 109 A state functionary who, during the time when he is on duty, leaves his
post and flees the country and turns traitor, or flees and turns traitor outside China,
and endangers the state's security of the People's Republic of China, shall
be sentenced to fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of political
rights; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years.
A state functionary who holds state secrets and commits the crime stipulated in
the preceding paragraph shall be given a heavier punishment according to the
provisions of the preceding paragraph.
Article 110 Whoever conducts any of the following acts of
espionage and endangers the state's security shall be sentenced to
fixed-term imprisonment or life imprisonment; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years:
(1) joining a espionage organization or accepting tasks from a espionage
organization and its agent; and (2) directing the enemy to any bombing
or shelling target.
Article 111 Whoever steals, spies on, buys or illegally provides state secrets
or intelligence for an agency or organization or people outside China shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years; if the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment; if the circumstances are relatively minor, the offender
shall be sentenced to fixed-term imprisonment of not more than five
years, criminal detention, public surveillance or deprivation of
political rights.
Article 112 Whoever supplies arms, equipment or military materials to aid the enemy
during wartime shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Article 113 If any crime of endangering the state security mentioned above in this Chapter, except those mentioned in the second paragraph of Articles 103, Article 105, Article 107 and Article 109, causes especially serious harm to the state and the people and the circumstances are especially flagrant, the death penalty may be
imposed.Whoever commits any of the crimes mentioned in this Chapter may
concurrently be sentenced to confiscation of property.
Chapter II Crimes of Endangering Public Security
Article 114 Whoever sets fires, breaches dikes, causes explosions, spreads poisons
or uses other dangerous means to sabotage factories, mines, oilfields, harbours,
rivers, water sources, warehouses, dwellings, forests, farms, threshing grounds,
pastures, important pipelines, public buildings or other public or private property
and thereby endangers public security, if serious consequences have not yet resulted,
shall be sentenced to fixed-term imprisonment of not less than three years and
not more than ten years.
Article 115 Whoever sets fires, breaches dikes, causes explosions,
spreads poisons or uses other dangerous techniques resulting in serious
human injury or death or great loss of public or private property shall
be sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death.
Whoever negligently commits the crime mentioned in
the preceding paragraph shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years; if the
circumstances are relatively minor, the offender shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Article 116 Whoever sabotages trains, motor vehicles, trams,
ships or aircraft in a manner that is sufficient to put trains, motor
vehicles, trams, ships or aircraft in danger of overturning or being
destroyed, if serious consequences have not yet resulted, shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years.
Article 117 Whoever sabotages railroads, bridges, tunnels, highways, airports,
waterways, lighthouses or signs or conducts other damaging activities in a
manner that is sufficient to put trains, motor vehicles, trams, ships or aircraft
in danger of overturning or being destroyed, if serious consequences have not yet
resulted, shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Article 118 Whoever sabotages electric power or gas facilities or other inflammable
or explosive equipment and thereby endangers public security, if serious consequences
have not yet resulted, shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Article 119 Whoever sabotages a means of transport, transportation facilities,
electric power facilities, gas facilities, or inflammable or explosive
equipment and thereby causes serious consequences shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment or
death.
Whoever negligently commits the crime mentioned in the preceding
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Article 120 Whoever organizes, leads and actively participates in terroristic
organization shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. Other participants shall
be sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and concurrently
commits homicide, causing explosion, kidnapping or other crimes shall be punished
according to the provisions of combined punishment for several crimes.
Article 121 Whoever hijacks any aircraft by means of violence,
intimidation or in any other manner shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment. Any
hijacker who causes serious bodily injury to or death of any other
person, or serious damage to the aircraft, shall be sentenced to death.
Article 122 Whoever hijacks any ship or motor vehicle by means of
violence, intimidation or in any other manner shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years; If serious consequences have been caused, the offender shall
be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment.
Article 123 Whoever exercises violence to any person
in a aircraft in flight and endangers the safety of flight, if serious
consequences have not yet resulted, shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention; the offender who
causes serious consequences shall be sentenced to fixed-term imprisonment of
not less than five years.
Article 124 Whoever sabotages broadcast and television facilities or public
telecommunications facilities and thereby endangers public security
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years; if serious consequences have
resulted, the offender shall be sentenced to fixed-term imprisonment of
not less than seven years.
Whoever negligently commits the crime mentioned in the preceding paragraph shall
be sentenced to fixed-term imprisonment of not less than three years and not more
than seven years; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 125 Whoever illegally manufactures, trades
in, transports, posts or stores guns, ammunition or explosives shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years; If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten
years, life imprisonment or death.
Whoever illegally trades in or transports nuclear materials shall be punished according
to provisions of the preceding paragraph.
Any unit which commits a crime mentioned in the preceding two paragraphs shall be
sentenced to a fine, and concurrently persons directly in charge and other persons
directly responsible for the crime of the unit shall be punished according to the
provisions of the first paragraph.
Article 126 If an enterprise engaged in manufacturing or selling of guns which is
designated or defined according to law violates regulations on management of guns
and commits any of the following acts, it shall be sentenced to a fine, and
concurrently persons directly in charge and other persons directly
responsible for the crimes shall be sentenced to fixed-term imprisonment
of not more than five years; if circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years; if the circumstances are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment: (1) manufacturing or assigning and
selling guns exceeding the limit or not according to the limit for the
purpose of illegal sale; (2) manufacturing guns without numbers or with
same number or false number for the purpose of illegal sale; and (3)
illegally selling guns or selling the guns for export in China.
Article 127 Whoever steals or forcibly seizes guns, ammunition or explosives
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death.
Whoever robs guns, ammunition or explosives, or steals or forcibly seizes the guns,
ammunition or explosives of state organs, members of the armed forces, the police
or the people's militia shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death.
Article 128 Whoever, in violation of regulations on control of guns, holds illegally
or keeps in secret guns or ammunition shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
If a person who is allocated a gun for public service according to law illegally leases
or lends his gun, he shall be punished according to the provisions of the preceding paragraph.
If a person who is allocated a gun according to law illegally leases or lends
his gun and causes serious consequences, he shall be punished according
to the provisions of the first paragraph.
Any unit which commits any crime mentioned in the first or second paragraph shall
be sentenced to a fine, and concurrently persons directly in charge and persons
directly responsible for the crime shall be punished according to the provisions
of the first paragraph.
Article 129 If a person who is allocated a gun for public service loses his gun and
fails to report and thereby causes serious consequences, he shall be sentenced
to fixed-term imprisonment of not more than three years or criminal detention.
Article 130 Whoever illegally carries guns, ammunition, knives under control or
explosive, inflammable, radioactive, poisonous or corrosive materials, and enters
into public places or public transportation means, and endangers public
security with serious circumstances, shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance.
Article 131 If an airman violates the rules and
regulations and thereby causes a serious flight accident resulting in
serious consequences, he shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention; if crash of an
aircraft or injury or death has resulted, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Article 132 If a person who works in a railway enterprise violates the rules and
regulations and thereby causes a railway transportation accident resulting in
serious consequences, he shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention; if especially serious consequences
have resulted, the offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.
Article 133 Whoever violates the regulations on control of communications or
transportation and thereby causes a serious accident resulting in
serious bodily injury or death or serious losses to public or private
property, he shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the offender flees after
causing a communication or transportation accident or has other
especially flagrant circumstances, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years;
if his fleeing causes another person's death, he shall be sentenced to
fixed-term imprisonment of not less than seven years.
Article 134 If any staff member or worker of a factory, mine, forestry centre,
construction enterprise or other enterprise or institution disobeys management and
violates the rules and regulations or forces workers to work in a
hazardous way in violation of the rules and thereby causes a serious
accident involving injury or death or other serious consequences, he
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if the circumstances are especially
flagrant, he shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.
Article 135 If a factory, mine, forestry centre, construction enterprise or other
enterprise or institution whose labour safety facilities do not conform
to the state's stipulations fails to take measures to hidden peril of
the accident after relevant departments, or staff members or workers of relevant
units put forward a demand, and thereby causes a serious
accident involving injury or death or other serious consequences,
persons directly in charge shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention; if the circumstances
are especially flagrant, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
Article 136 If anyone violates the regulations on the control of
explosive, inflammable, radioactive, poisonous or corrosive materials
and thereby causes a serious accident during the production, storage,
transportation or use of those materials, and serious consequences result, he
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the consequences are
especially serious, he shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.
Article 137 If a building unit, design unit, construction unit or project supervision
unit violates the state's stipulations and lowers the project's quality
standard and thereby causes a serious accident, persons directly
responsible for it shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and concurrently to a fine; if the
consequences are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years, and concurrently to a fine.
Article 138 If it is clearly known that schoolhouses or facilities for education or schooling
are in danger but no measures are taken or no reports are conducted in time thereby
causing a serious accident involving injury or death, persons
directly responsible for it shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if the
circumstances are especially serious, he shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years.
Article 139 If any person or unit violates regulations on
fire control and refuses to take remedy measures after a fire control
supervision organ told him or it to do so, and thereby causes serious
consequences, persons directly responsible for them shall be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Chapter III Crimes of Undermining the Socialist Market Economic Order
Section 1 Crimes of Production and Sale of Fake or Substandard Commodities
Article 140 Where a producer or seller mixes impurities or imitations into a product,
or passes a fake product off as a genuine one, or passes a defective product off
as a high-quality one, or passes a substandard product off as a standard one,
if the sum obtained through sale amounts to not less than 50,000 yuan
but less than 200,000 yuan, the offender shall be sentenced to
fixed-term imprisonment of not more than two years or criminal
detention, and concurrently or independently be sentenced to a fine of
not less than half of the sum obtained through sale and not more than
twice of that. If the sum obtained through sale amounts to not less than
200,000 yuan but less than 500,000 yuan, the offender shall be sentenced
to fixed-term imprisonment of not less than two years and not more than
seven years, and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of that.
If the sum obtained through sale amounts to not less than 500,000 yuan
but less than 2,000,000 yuan, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years, and concurrently
be sentenced to a fine of not less than half of the sum obtained through
sale and not more than twice of that. If the sum obtained through sale
amounts to not less than 2,000,000 yuan, the offender shall be sentenced
to fixed-term imprisonment of fifteen years or life imprisonment, and
concurrently be sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of that or confiscation of
property.
Article 141 Whoever produces or sells fake medicine in a
manner that is sufficient to cause serious harm to human health shall be
sentenced to fixed-term imprisonment of not more three years or criminal
detention, and concurrently or independently be sentenced to a fine of
not less than half of the sum obtained through sale and not more than
twice of that; if the offence causes serious harm to human health, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced
to a fine of not less than half of the sum obtained through sale and not
more than twice of that; if the offence causes death of a person or any
other especially serious harm to human health, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death, and concurrently be sentenced to a fine of not
less than half of the sum obtained through sale and not more than twice
of that or confiscation of property.
"Fake medicine" mentioned in this
Article refers to a medicine or a non-medical substance to be
categorized as or handled as fake medicine in accordance with the
provisions of the Pharmaceutical Administration Law of the People's
Republic of China.
Article 142 Whoever produces or sells medicine of
inferior quality and causes serious harm to human health shall be sentenced to
fixed-term imprisonment of not less than three years and
not more than ten years, and concurrently be sentenced to a fine of not
less than half of the sum obtained through sale and not more than twice
of that. If the consequences are especially serious, the offender shall
be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine of not less
than half of the sum obtained through sale and not more than twice of
that or confiscation of property.
"Medicine of inferior quality" mentioned in this Article refers to a medicine to
be categorized as a medicine of inferior quality in accordance with the provisions
of the Pharmaceutical Administration Law of the People's Republic of China.
Article 143 Whoever produces or sells food that does not conform to
hygiene standards in a manner that is sufficient to cause a serious
food-poisoning accident or any serious disease caused by food-borne
bacteria shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or independently be
sentenced to a fine of not less than half of the sum obtained through
sale and not more than twice of that. If the offence causes serious harm
to human health, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years,
and concurrently be sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of that. If the
consequences are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years or life
imprisonment, and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of that or
confiscation of property.
Article 144 Whoever mixes the food to be produced or sold with toxic or harmful
non-food stuffs, or sells the food mixed with toxic or harmful non-food stuffs
that he knows clearly, shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and concurrently or independently be
sentenced to a fine of not less than half of the sum obtained through
sale and not more than twice of that sum. If the offence causes a
serious food-poisoning accident or any serious disease caused by
food-borne bacteria, thus seriously harming human health, the offender
shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years, and concurrently be sentenced to a
fine of not less than half of the sum obtained through sale and not more
than twice of the sum. If the offence causes death to a person or
especially serious harm to human health, the offender shall be punished
according to the provisions of Article 141 of this Law.
Article 145 Whoever produces medical appliances or medical hygiene materials
that do not conform to the national or trade standards safeguarding human
health, or sells such appliances or materials while clearly knowing
their inconformity to the national or trade standards safeguarding human
health, and thereby causes serious harm to human health, shall be
sentenced to fixed-term imprisonment of not more than five years, and
concurrently be sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of the sum. If the
consequences are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine of not less than half
of the sum obtained through sale and not more than twice of the sum; the
offender whose circumstances are especially flagrant shall be sentenced
to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of the sum
or confiscation of property.
Article 146 Whoever produces electrical appliances, pressure containers,
explosive or inflammable products or any other products that do not conform
to the national or trade standards safeguarding the safety of person or property,
or sells such products while clearly knowing their inconformity to the national or
trade standards safeguarding the safety of person or property, thereby
causing serious consequences, shall be sentenced to fixed-term
imprisonment of not more than five years, and concurrently be sentenced
to a fine of not less than half of the sum obtained through sale and not
more than twice of the sum. If the consequences are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than five years, and concurrently be sentenced to a fine of not less
than half of the sum obtained through sale and not more than twice of
the sum.
Article 147 Whoever produces fake pesticides, fake animal
pharmaceuticals or fake chemical fertilizers, or sells pesticides,
animal pharmaceuticals, chemical fertilizers or seeds while clearly
knowing that such products are fake or no longer effective, or any
producer or seller passes substandard pesticides, animal
pharmaceuticals, chemical fertilizers or seeds off as those up to
standard and thereby causes considerable losses to production, shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine of not less than half of the sum obtained through sale and not more
than twice of the sum. If the offence causes serious losses to
production, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years, and
concurrently be sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of the sum. If the offence
causes especially serious losses to production, the offender shall be
sentenced to fixed-term imprisonment of not less than seven years or
life imprisonment, and concurrently be sentenced to a fine of not less
than half of the sum obtained through sale and not more than twice of
the sum or confiscation of property.
Article 148 Whoever produces cosmetics that do not conform to hygiene standards or sells such products while clearly knowing their inconformity to hygiene standards
and thereby causes serious consequences shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of the
sum.
Article 149 Whoever produces or sells the products mentioned in
from Article 141 to Article 148 of this Section and does not yet
constitute a crime mentioned in any of the Articles, and with the sum
obtained through sale amounting to 50,000 yuan, shall be decided a crime
and given a punishment according to the provisions of Article 140 of
this Section.
Whoever produces or sells the products mentioned in from
Article 141 to Article 148 of this Section and constitutes a crime
mentioned in one of the Articles, and in the meantime also constitutes a
crime mentioned in Article 140 of this Section, shall be decided a crime
and given a punishment according to the Article with a heavier
punishment.
Article 150 If a unit commits a crime mentioned in from
Article 140 to Article 148 of this Section, the unit shall be sentenced
to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of a relevant Article.
Section 2 Crimes of Smuggling
Article 151 Whoever smuggles weapons, ammunition, nuclear materials or
counterfeit currency shall be sentenced to fixed-term imprisonment of not
less than seven years, and concurrently be sentenced to a fine or confiscation of
property. If the circumstances are relatively minor, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a
fine.
Whoever smuggles cultural relics, gold, silver or other precious
metals forbidden by the state from being exported, or precious and rare
species of wildlife forbidden by the state from being imported and
exported as well as the products thereof, shall be sentenced to
fixed-term imprisonment of not less than five years, and concurrently be
sentenced to a fine. If the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of not more than
five years, and concurrently be sentenced to a fine.
Whoever smuggles precious and rare species of plants forbidden by the state from
being imported and exported and the products thereof shall be sentenced to
fixed-term imprisonment of not more than five years, and concurrently or
independently be sentenced to a fine. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than five years, and concurrently be sentenced to a fine.
Whoever commits any crime mentioned in the first and second paragraphs, if the
circumstances are especially serious, shall be sentenced to life
imprisonment or death, and concurrently be sentenced to confiscation of
property.
If a unit commits any crime mentioned in this Article, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according
to the provisions of the relevant paragraph of this Article.
Article 152 Whoever, for the purpose of making profits or dissemination, smuggles
pornographic movies, videotapes, magnetic tapes, pictures, publications
or other pornographic articles shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years,
and concurrently be sentenced to a fine. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and concurrently be
sentenced to a fine or confiscation of property. If the circumstances
are relatively minor, the offender shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine.
If a unit commits a crime mentioned in the preceding paragraph, the unit shall be
sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
Article 153 Whoever smuggles goods and articles not specified in Article 151,
Article 152, Article 347 shall be punished according to the following provisions
in the light of the seriousness of the circumstances: (1) Whoever smuggles
goods and articles of which the tax payable evaded amounts to not less than
500,000 yuan shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment, and concurrently be sentenced to a
fine of not less than the tax payable and not more than five times of
the sum or confiscation of property. If the circumstances are especially
serious, the offender shall be punished according to the provisions of
the fourth paragraph of Article 151 of this Law. (2) Whoever smuggles
goods and articles of which the tax payable evaded amounts to not less
than 150,000 yuan and not more than 500,000 yuan shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine of not less than the
tax payable and not more than five times of the sum. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment,
and concurrently be sentenced to a fine of not less than the tax payable
and not more than five times of the sum or confiscation of property. (3)
Whoever smuggles goods and articles of which the tax payable evaded
amounts to not less than 50,000 yuan and not more than 150,000 yuan
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention, and concurrently be sentenced to a fine of
not less than the tax payable and not more than five times of the sum.If
a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years. If the circumstances are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than ten years.
Whoever repeatedly smuggles and goes unpunished shall be
punished according to the accumulated tax payable of the smuggled goods
and articles.
Article 154 Whoever commits any of the following acts of
smuggling that constitutes a crime according to the provisions of this
Section shall be decided a crime and punished according to the
provisions of Article 153 of this Law: (1) without approval by the
Customs and without having paid the overdue customs duties, selling for
profits without authorization, within the territory of China, authorized
imported bonded goods such as materials supplied by foreign clients for
processing, parts supplied by them for assembly or raw or processed
materials, parts, finished products or equipment for compensation trade;
or (2) without approval by the Customs and without having paid the
overdue customs duties, selling for profits without authorization,
within the territory of China, imported goods and articles specially
designated for the reduction of or exemption from duties.
Article 155 Whoever commits any of the following acts shall be deemed to have
committed the crime of smuggling and shall be punished according to the
provisions of this Section: (1) directly and illegally purchasing from
smugglers articles forbidden by the state from being imported or
directly and illegally purchasing from smugglers other smuggled imported
goods and articles, involving relatively large quantities or values; or
(2) transporting, purchasing and selling in inland seas and territorial
waters articles forbidden by the state from being imported or exported
or goods and articles subject to state restrictions on import and
export, involving relatively large quantities and values and without
legal certifications; or (3) evading the supervision and administration
by the Customs and transporting the solid waste from abroad into China.
Article 156 Whoever conspires with criminals committing smuggling by
offering them loans, funds, account numbers, invoices or certificates,
or by providing them with such conveniences as transportation, storage
or mailing, shall be deemed as an accomplice in the crime of smuggling
and punished as such.
Article 157 Whoever shields smuggling with armed force shall be given a heavier
punishment according to the provisions of the first and fourth paragraphs of
Article 151 of this Law.
Whoever, by means of violence or threat, resists the seizure of smugglers or
smuggled goods shall be punished for crimes of smuggling and of
preventing state personnel from carrying out their functions according
to law as stipulated in Article 277 of this Law and in accordance with
the provisions regarding the combined punishment for several crimes.
Section 3 Crimes of Impairing Order of Administering upon Companies and
Enterprises
Article 158 Whoever, in the course of application for
registration of company, reports falsely registered capital by using
false documents of certificate or in other method of swindling, deceives
the authorities in charge of registration of company, and goes through
the procedures of registration shall, if the amount of registered
capital reported falsely is huge or consequences are serious or other
serious circumstances exist, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 1% of the sum of
registered capital reported falsely and not more than 5% of the sum.
If a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Article 159 A company initiator or shareholder who violates
the provisions of the Company Law and invests falsely in the method of
not delivering currency, material objects, or not transferring property
rights, or draws back the capital after a company is established shall,
if the amount involved is huge or consequences are serious or other
serious circumstances exist, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 2% of the sum of
the capital provided falsely or drawn back and not more than 10% of the
sum.
If a unit commits a crime mentioned in the preceding paragraph, the
unit shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Article 160 Whoever conceals important facts or fabricates
important false contents in the prospectuses on share offer, documents
of subscription for shares or measures on raising bonds for a company or
enterprise, and issues shares or bonds for a company or enterprise
shall, if the amount involved is huge, or consequences are serious or
other serious circumstances exist, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than 1%
of the sum of the fund raised illegally and not more than 5% of the
sum.
If a unit commits a crime mentioned in the preceding paragraph, the
unit shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Article 161 If a company provides the shareholders and the
general public with false financial and accounting statements or
financial and accounting statements in which it conceals important
facts, persons directly in charge and other persons directly responsible
for the crime of the company shall, if interests of shareholders or
other persons are seriously harmed, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan.
Article 162 If a company or enterprise, in the course of liquidation, hides property,
records falsely in the balance sheet or detailed list of property or,
distributes property of the company or enterprise before payment of
debts, persons directly in charge and other persons directly responsible
for the crime shall, if interests of creditors or other persons are
seriously harmed, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently or independently
be sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan.
Article 163 Whoever from the staff of a company or enterprise takes advantage
of his office to extort or accept illegally property from others and makes profits
for others shall, if the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.
If the amount involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than five years, and may concurrently be sentenced
to confiscation of property.
Whoever from the staff of a company or enterprise, in the course of economic
activities, accepts whatever kind of rebate or commission in violation of the
state's stipulations, and takes possession of it, shall be punished according
to the provisions of the preceding paragraph.
If personnel of a state-owned company or enterprise who is engaged in
public service and personnel who is appointed and sent by a state-owned
company or enterprise to a non-state-owned company or enterprise to carry
out public service conducts an act mentioned in the preceding two paragraphs,
he shall be decided a crime and punished according to the provisions of Article 385
or Article 386 of this Law.
Article 164 Whoever offers property to the staff of a company or enterprise
in order to make illegal profits shall, if the amount involved is relatively huge,
be sentenced to fixed-term imprisonment of not more than three years or criminal
detention. If the amount involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years,
and concurrently be sentenced to a fine.
If a unit commits a crime mentioned in the preceding paragraph, the unit shall be
sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions of the
preceding paragraph.
The briber who confesses actively his bribery before being prosecuted may
be given a mitigated punishment or be exempted from punishment.
Article 165 Whoever from directors or managers of a state-owned company
or enterprise takes advantage of his office to make business which is the same as
that of the company or enterprise in which he takes office for himself or for others,
and obtains illegally interests shall, if the amount involved is huge, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine. If
the amount involved is especially huge, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more
than seven years, and concurrently be sentenced to a fine.
Article 166 Whoever from the staff of a state-owned company, enterprise or
institution takes advantage of his office to commit any of the following
acts shall, if a heavy loss of state's interests is caused, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine. If
a especially heavy loss of the state's interests is caused, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be sentenced to a
fine: (1) assigning his relatives and friends to do profit-making
business of his unit; (2) purchasing goods at a price which is obviously
higher than the market price from the units run or managed by his
relatives and friends or selling goods at a price which is obviously
lower than the market price to the units run or managed by his relatives
and friends; or (3) purchasing substandard goods from the units run or
managed by his relatives and friends.
Article 167 Whoever from the persons directly in charge of a state-owned company,
enterprise or institution, in the course of signing or fulfilling contracts, is
defrauded because of serious neglect of duty, and causes the interests
of the state to suffer a heavy loss shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If he
causes the interests of the state to suffer a especially heavy loss, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
Article 168 Whoever from the persons directly in charge of a state-owned
company or enterprise engages in malpractice for the benefit of his friends,
causes bankruptcy or serious losses to the state-owned company or enterprise
and causes the interests of the state to suffer a heavy loss shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
Article 169 Whoever from the persons directly in charge of a state-owned
company or enterprise or its competent authorities at higher level engages
in malpractice for the benefit of his friends, converts the state-owned assets
into shares at a low price or sells them at a low price, and causes the interests
of the state to suffer a heavy loss, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
If he causes the interests of the state to
suffer a especially heavy loss, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years.
Section 4 Crimes of Undermining order of Administering upon Banking
Article 170 Whoever counterfeits currency shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan. Any of the following
categories of persons shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death, and concurrently be
sentenced to a fine of not less less than 50,000 yuan and not more than
500,000 yuan or confiscation of property: (1) those principal criminals
of a currency counterfeit group; (2) those with an especially huge
amount of counterfeited currency; or (3) those with other especially
serious circumstances.
Article 171 Whoever sells or purchases counterfeited currency or transports
knowingly counterfeited currency shall, if the amount involved is relatively huge,
be sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan. If the amount involved is
huge, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not more than
500,000 yuan. If the amount involved is especially huge, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan or confiscation of
property.
Whoever from the staff of a bank or other financial institution
purchases counterfeited currency or takes advantage of his position to
exchange currency with counterfeited currency shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan. If the amount involved is
especially huge or there are other serious circumstances, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan or confiscation of
property. If the circumstances are relatively minor, the offender shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine of not less than 10,000 yuan and not more than 100,000 yuan.
Whoever counterfeits currency and sells or transports the counterfeited currency
shall be decided a crime and given a heavier punishment according to the
provisions of Article 170 of this Law.
Article 172 Whoever holds or uses knowingly counterfeited currency shall, if the
amount involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 10,000 yuan and
not more than 100,000 yuan. If the amount involved is huge, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not more than
500,000 yuan or confiscation of property.
Article 173 Whoever alters currency shall, if the amount involved is relatively huge,
be sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine of
not less than 10,000 yuan and not more than 100,000 yuan. If the amount
involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years,
and concurrently be sentenced to a fine of not less than 20,000 yuan and
not more than 200,000 yuan.
Article 174 Whoever establishes a commercial
bank or other financial institution without authorization by the
People's Bank of China shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 20,000 yuan and
not more than 200,000 yuan. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than three years
and not more than ten years, and concurrently be sentenced
to a fine of not less than 50,000 yuan and not more than 500,000
yuan.
Whoever forges, alters or transfers an operating permit of a
commercial bank or other financial institution shall be punished
according to the provisions of the preceding paragraph.
If a unit commits any crime mentioned in the preceding two paragraphs, the unit shall be
sentenced to a fine, and persons directly in charge and persons directly
responsible for the crime shall be punished according to the provisions of the first paragraph.
Article 175 Whoever illegally procures a credit
loan from a financial institution and transfers it to another person in
high interest for the purpose of making profits through transferring a
loan shall, if the amount of unlawful earnings is relatively huge, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently be sentenced to a fine of not less
than the unlawful earnings and not more than five times of the sum. If
the amount of unlawful earnings is huge, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more than seven
years, and concurrently be sentenced to a fine of not less
than the unlawful earnings and not more than five times of the sum.
If a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Article 176 Whoever illegally absorbs savings deposits from
the general public or absorbs savings deposits from the general public
in disguised form and thereby disturbs the financial order shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine of not less than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is huge or there are other serious circumstances, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced
to a fine of not less than 50,000 yuan and not more than 500,000 yuan.
If a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
Article 177 Any of the following categories of persons who forges or alters
financial documents shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be
sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine of not less
than 50,000 yuan and not more than 500,000 yuan. If the circumstances
are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan or confiscation of property: (1) those who forge
or alter promissory bills, notes of exchange and checks; (2) those who
forge or alter other bank settlement receipts such as commission
collection receipts, remittance receipts and bank deposit receipts; (3)
those who forge or alter letters of credit or attached notes or
documents; or (4) those who forge credit cards.
If a unit commits a crime mentioned in the preceding paragraph, the unit shall
be sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of the preceding paragraph.
Whoever hampers the management of credit cards should be sentenced to less than three year's imprisonment or detention, and imposed a fine together or separately from more than 10 thousand yuan to less than 100 thousand yuan. If the amount is huge or there are other serious circumstances, more than three year's or less than ten year's imprisonment should be sentenced, and a fine from more than 20 thousand yuan to 200 thousand yuan should be imposed in one of following circumstances: (1) know very well that the credit cards are forged ones, but still hold and transport them, or know very well that the credit cards are forged blank ones, but still hold and transport them, and the amount is huge;(2) Hold others' credit card illegally and the amount is huge;(3) Obtain credit cards by cheating with forged identification card;(4) Sell, buy or provide others with forged credit cards, or obtain credit cards by cheating with forged identification cards.Stealing, purchasing and providing the information of others' credit cards illegally shall be punished in accordance with the provision of above section.If the staffs of the banks or other financial organs make use of the convenience of their duties to commit a crime in term of Paragraph (2), they shall be punished sternly.
Article 178 Whoever forges or alters
treasury bills or other securities issued by the state shall, if the
amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan. If the amount involved is
huge, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not more than
500,000 yuan. If the amount involved is especially huge, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan or confiscation of
property.
Whoever forges or alters stocks or bonds issued by a company or
an enterprise shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine of not less than 10,000 yuan and not more than 100,000 yuan. If the
amount involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years,
and concurrently be sentenced to a fine of not less than 20,000 yuan and
not more than 200,000 yuan.
If a unit commits any crime mentioned in the
preceding two paragraphs, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly responsible for
the crime shall be punished according to the provisions of the preceding
two paragraphs.
Article 179 Whoever, without approval by the relevant
administrative authorities, issues stocks or bonds of a company or an
enterprise shall, if the amount involved is huge or the consequences are
serious or other serious circumstances exist, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than 1%
of the capital collected illegally and not more than 5% of the sum.
If a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not less than five years or criminal
detention.
Article 180 Anyone in the know of inside information of
securities transaction or anyone obtaining illegally inside information
of securities transaction, before the information concerning issue of
securities, transaction of securities or other information of great
impact on the price of specified securities is made public, buys or
sells the securities or reveals the information, if the circumstances
are serious, shall be fixed-term imprisonment of not more than five
years or criminal detention, and concurrently or independently be
sentenced to a fine of not less than unlawful earnings and not more than
five times of the sum. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to
a fine of not less than unlawful earnings and not more than five times
of the sum.
If a unit commits a crime mentioned in the preceding
paragraph, the unit shall be sentenced to a fine, and persons directly
in charge and other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
The range of inside information shall be defined
according to the provisions of laws and administrative regulations.
The range of persons in the know shall be defined according to the
provisions of laws and administrative regulations.
Article 181 Whoever fabricates and disseminates false information of impact on transaction
of securities, disturbs the transaction market of securities and causes
serious consequences, shall be sentenced fixed-term imprisonment of not
more than five years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 10,000 yuan and
not more than 100,000 yuan.
Whoever from the staff of a stock exchange or
a securities company, or from the staff of the securities institute or
securities administrative department intentionally provides false
information or forges, alters or destroys transaction records, inveigles
investors into buying or selling securities, and causes serious
consequences, shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently or independently
be sentenced to a fine of not less than 10,000 yuan and not more than
100,000 yuan. If the circumstances are especially flagrant, the offender
shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years, and concurrently be sentenced to a
fine of not less than 20,000 yuan and not more than 200,000 yuan.
If a unit commits any crime mentioned in the preceding two paragraphs, the
unit shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Article 182 Any of the following categories of persons who
rigs the transaction price of securities and obtains unjustified profits
or shifts risks shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention, and concurrently or independently be sentenced to a fine of
not less than unlawful earnings and not more than five times of the sum:
(1) independently or conspiringly, centralizing funds or stocks held to
form advantages or taking advantage of information to conduct jointly or
continuously buying or selling in order to rig the transaction price of
securities; (2) in collaboration with others and in line with the time, price and
method agreed upon in advance, performing mutually securities
transaction or buying or selling mutually securities not being held yet,
in order to affect the transaction price of securities or the
transaction volume of securities; (3) behaving as the sole transaction
partner and performing transaction in which the buyer is the seller and
the ownership over securities has not been transferred, in order to
affect the transaction price of securities or the transaction volume of
securities; or (4) rigging the transaction price of securities in other
ways.
If a unit commits a crime mentioned in the preceding paragraph, the unit shall be
sentenced to a fine, and persons directly in charge and
other persons responsible for the crime shall be sentenced fixed-term
imprisonment of not more than five years or criminal detention.
Article 183 Whoever from the staff of an insurance company takes advantage of
his duty's convenience to draw up intentionally an insurance accident
which never happens and to give an adjustment in order to defraud the
insurance money and take possession of it, shall be decided a crime and
punished according to the provisions of Article 271 of this Law.
Whoever from the staff of a state-owned insurance company and from the persons
who are appointed and sent by an state-owned insurance company to a
non-state-owned insurance company to perform public service conducts any
of the acts mentioned in the preceding paragraph, shall be decided a
crime and punished according to the provisions of Article 382 or Article
383 of this Law.
Article 184 Whoever from the staff of a bank or other
financial institution, in the course of the financial business
activities, extorts or accepts illegally another person' property and
seeks profits for another person, or violates the state's stipulations
and accepts whatever kind of rebate or commission and takes possession
of it, shall be decided a crime and punished according to the provisions of
Article 163 of this Law.
Whoever from the staff of a state-owned
financial institution and from the persons who are appointed and sent by
a state-owned financial institution to a non-state-owned financial
institution to perform public service commits any of the acts mentioned
in the preceding paragraph, shall be decided a crime and punished
according to the provisions of Article 385 or Article 386 of this Law.
Article 185 Whoever from the staff of a bank or other financial
institution takes advantage of his duty's convenience and
misappropriates his unit's or the client's funds, shall be decided a
crime and punished according to the provisions of Article 272 of this Law.
Whoever from the staff of a state-owned financial institution and
from the persons who are appointed and sent by a state-owned financial
institution to a non-state-owned financial institution to perform public
service commits any of the acts mentioned in the preceding paragraph,
shall be decided a crime and punished according to the provisions of
Article 384 of this Law.
Article 186 Whoever from the staff of a bank or
other financial institution violates the stipulations of a law or an administrative
regulation and issues a credit loan or a guaranteed loan
to his parties with more favourable conditions than to other borrowers
for the same kind of loans shall, if a relatively huge loss is caused,
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine of not less
than 10,000 yuan and not more than 100,000 yuan. If a major loss is
caused, the offender shall be sentenced to fixed-term imprisonment of
not less than five years, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan.
Whoever from the staff of a bank or other financial institution violates the
stipulations of a law or an administrative regulation and issues a loan to another
person than his parties shall, if a major loss is caused, be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine of not less than
10,000 yuan and not more than 100,000 yuan. If an especially major loss
is caused, the offender shall be sentenced to fixed-term imprisonment of
not less than five years, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan.
If a unit commits any crime mentioned in the preceding two paragraphs, the unit shall be
sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding two paragraphs.
The range of parties shall be
defined according to the Commercial Bank Law of the People's Republic of
China and relevant financial regulations.
Article 187 Whoever from the
staff of a bank or other financial institution, for the purpose of
making profits and by the means of absorbing the funds of clients
without entering into the account books, uses the funds for lending or
issuing loans shall, if a major loss is caused, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan. If an especially major loss
is caused, the offender shall be sentenced to fixed-term imprisonment of
not less than five years, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan.
If a unit commits a
crime mentioned in the preceding paragraph, the unit shall be sentenced
to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of the preceding paragraph.
Article 188 Whoever from the staff of a bank
or other financial institution violates stipulations and offers others a
letter of credit or other certificates of guarantee, negotiable
instruments, certificates of deposit or certificates of credit status
shall, if a relatively huge loss is caused, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. If a
major loss is caused, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
If a unit commits a crime
mentioned in the preceding paragraph, the unit shall be sentenced to a
fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of the preceding paragraph.
Article 189 Whoever from the staff of a bank
or other financial institution, in the course of business activities of
negotiable instruments, accepts, pays for or guarantees the negotiable
instruments that do not conform to the Negotiable Instruments Law shall,
if a major loss is caused, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If an especially major
loss is caused, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
If a unit commits a crime
mentioned in the preceding paragraph, the unit shall be sentenced to a
fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of the preceding paragraph.
Article 190 Any state-owned company,
enterprise or other state-owned unit who violates the state's
stipulations and deposits foreign exchange outside China without
authorization or illegally transfers foreign exchange from China to the
outside shall, if the circumstances are serious, be sentenced to a fine,
and persons directly in charge and other persons directly responsible
for the crime shall be concurrently sentenced to fixed-term imprisonment
of not more than five years or criminal detention.
Article 191 Whoever conducts any of the following acts clearly knowing
that the money is unlawful earnings and their profits obtained from drug-related crimes,
crimes committed by groups in the nature of criminal syndicates or
crimes of smuggling, and for the purpose of covering up or concealing
its source and nature shall, with the unlawful earnings obtained from
the crimes above-mentioned and their profits confiscated, be sentenced
to fixed-term imprisonment of not more than five years, and concurrently
or independently be sentenced to a fine of not less than 5% of the sum
of money laundered and not more than 20% of the sum. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years,
and concurrently be sentenced to a fine of not less than 5% of the sum
of money laundered and not more than 20% of the sum: (1) providing funds
accounts; (2) assisting in transforming the property into cash or
financial bills; (3) assisting in transferring funds by means of
transferring accounts or other means of settling accounts; (4) assisting
in remitting funds to any place outside China; or (5) by other means
covering up or concealing the source and nature of unlawful earnings
from crimes and profits thereof.
If a unit commits a crime mentioned in the preceding paragraph, the unit shall be
sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.
Section 5 Crimes of Financial Fraud
Article 192 Whoever collects capital illegally by means of swindling for
the purpose of illegal possession shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently be sentenced to
a fine of not less than 20,000 yuan and not more than 200,000 yuan. If
the amount involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than 500,000 yuan. If
the amount involved is especially huge or other especially serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan or confiscation of property.
Article 193 Any of the following categories of persons who, for the
purpose of illegal possession, swindles a loan of a bank or other financial institution
shall, if the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan. If the amount involved is
huge or other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine of not less
than 50,000 yuan and not more than 500,000 yuan. If the amount involved
is especially huge or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and concurrently be sentenced to a fine
of not less than 50,000 yuan and not more than 500,000 yuan or
confiscation of property: (1) those who fabricate false reasons such as
introduction of funds or projects; (2) those who use false economic
contracts; (3) those who use false documents of certification; (4) those
who use false property certificates as guarantee or guarantee repeatedly
by exceeding the value of security; or (5) those who swindle loans by
other means.
Article 194 Any of the following categories of persons who
conducts swindling activities of financial bills shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years,
and concurrently be sentenced to a fine of not less than 50,000 yuan and
not more than 500,000 yuan. If the amount involved is especially huge or
other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property:
(1) those who knowingly use forged or altered promissory bills, notes of
exchange or checks; (2) those who knowingly use invalid promissory
bills, notes of exchange or checks; (3) those who falsely use other's
promissory bills, notes of exchange or checks as their own; (4) those
who issue bounced checks or checks on which signatures are inconsistent
with their reserved ones to defraud property; or (5) those drawers of
promissory bills or notes of exchange who issue the promissory bills or
notes of exchange without security of funds or produce a false record on
the bills or notes to defraud property.
Whoever uses forged or altered other bank settlement receipts such as
commission collection receipts, remittance receipts and bank deposit
receipts shall be punished according to the provisions of the preceding paragraph.
Article 195 Any of the following categories of persons who conducts swindling
activities of letters of credit shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years,
and concurrently be sentenced to a fine of not less than 50,000 yuan and
not more than 500,000 yuan. If the amount involved is especially huge or
other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property:
(1) those who use forged or altered letters of credit or attached notes
or documents; (2) those who use invalid letters of credit; (3) those who
defraud letters of credit; or (4) those who conduct swindling activities
of letters of credit by other means.
Article 196 Whoever swindles with credit cards and the amount is big shall be sentenced to less than five year's imprisonment or detention, and imposed a fine from more than 20 thousand yuan to less than 200 thousand yuan, If the amount is huge or there are some other serious circumstances, more than five year's or less than ten year's imprisonment shall be sentenced, and a fine from more than 50 thousand yuan to 500 thousand yuan shall be imposed. If the amount is extremely huge and there are other extremely serious circumstances, more than ten year's imprisonment or life imprisonment should be sentenced, and a fine of more than 50 thousand yuan and less than 500 thousand yuan shall be imposed or the property shall be confiscated in one of following circumstances.
(1) Use forged credit cards, or obtain credit cards by cheating with false identification cards;
(2) Use invalid credit cards;
(3) Use other's credit card under one's name;
(4) Overdraft with evil intention.
Overdraft with evil intention as referred to in preceding paragraph means credit card holders' activities of overdraft beyond the fixed limit or term, and refusing to return after the bank's pressing for payment for the purposes of illegal possession.
Stealing credit card and using it shall be punished in accordance with Article 264 of this Law.
Article 197 Whoever uses forged or altered treasury bills or other securities
issued by the state to conduct swindling activities shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years,
and concurrently be sentenced to a fine of not less than 50,000 yuan and
not more than 500,000 yuan. If the amount involved is especially huge or
other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property.
Article 198 Any of the following categories of persons who conducts
swindling activities of insurance shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently be sentenced to
a fine of not less than 10,000 yuan and not more than 100,000 yuan. If
the amount involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to
a fine of not less than 20,000 yuan and not more than 200,000 yuan. If
the amount involved is especially huge and other especially serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years, and concurrently be sentenced
to a fine of not less than 20,000 yuan and not more than 200,000 yuan or
confiscation of property: (1) those insurance policy holders who
intentionally fabricate the object of insurance to defraud the insurance
money; (2) those insurance policy holders, insurants or beneficiaries
who fabricate false reasons for or exaggerate the degree of loss on an
insurance accident which has happened to defraud the insurance money;
(3) those insurance policy holders, insurants or beneficiaries who
fabricate an insurance accident which never happens to defraud the
insurance money; (4) those insurance policy holders or insurants who
intentionally cause an insurance accident with property loss to defraud
the insurance money; or (5) those insurance policy holders or
beneficiaries who intentionally cause death, injury, disability or
disease of the insurants to defraud the insurance money.
Whoever commits any act listed in Item 4 or Item 5 of the preceding
paragraph which also constitutes another crime shall be punished in accordance with the
provisions regarding combined punishment for several crimes.
If a unit commits any crime mentioned in the first paragraph, the unit shall be
sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. If the
amount involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years. If the amount involved is
especially huge or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years.
Any expert witness, witness or property adjuster of an
insurance accident who intentionally provides false documents of
certification and provides conditions for others to swindle shall be
punished as an accomplice of insurance swindling.
Article 199 Whoever commits a crime mentioned in Article 192, Article 194 or
Article 195 of this Section shall, if the amount involved is especially huge and an
especially heavy loss of the interests of the state and the people is
caused, be sentenced to life imprisonment or death, and concurrently be
sentenced to confiscation of property.
Article 200 If a unit commits a crime mentioned in Article 192,
Article 194 or Article 195 of this Section, the unit shall be sentenced
to a fine, and the persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention.
If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years. If
the amount involved is especially huge or other especially serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment.
Section 6 Crimes of Endangering Taxes Collection and Administration
Article 201
Any taxpayer who fails to pay, or underpays the amount of tax payable by
means of forging, altering, concealing, or destroying accounting books
or vouchers for the accounts without authorization, or overstating
expenses, or omitting or understating incomes in accounting books, or
refusing to fill a tax declaration after notification by the tax
authorities, or filling a false tax declaration shall, if the amount of
tax evaded accounts for not less than 10% of the amount of tax payable
and not more than 30% of the sum and the amount of tax evaded is not
less than 10,000 yuan and not more than 100,000 yuan, or if he commits
tax evasion again after having been twice subjected to administrative
sanctions by the tax authorities for tax evasion, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention, and concurrently be sentenced to a fine of not less than the
amount of tax evaded and not more than five times the sum. If the amount
of tax evaded accounts for not less than 30% of the amount of tax
payable and the amount of tax evaded is not less than 100,000 yuan, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years, and concurrently be sentenced
to a fine of not less than the amount of tax evaded and not more than
five times of the sum.
Any withholding agent who, by means specified in
the preceding paragraph, fails to pay, or underpays the tax which has
been withheld or collected shall, if the amount involved accounts for
not less than 10% of the amount of tax payable and is not less than
10,000 yuan, be punished according to the provisions of the preceding
paragraph.
Whoever has repeatedly committed any act mentioned in the
preceding two paragraphs without having been subjected to punishment
shall be punished on the basis of the accumulated amount.
Article 202 Whoever refuses to pay tax with resort to violence or threat shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently be sentenced to a fine of not less
than the amount of tax he has refused to pay and not more than five
times of the sum. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine of
not less than the amount of tax he has refused to pay and not more than
five times of the sum.
Article 203 Where any taxpayer who has not paid
the tax due adopts the means of transferring or concealing his property,
thus resulting in the tax authorities' inability to pursue the payment
of tax in arrears, he shall, if the amount involved is not less than
10,000 yuan and not more than 100,000 yuan, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than
the amount of tax in arrears and not more than five times of the sum. If
the amount involved is not less than 100,000 yuan, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine of
not less than the amount of tax in arrears and not more than five times
of the sum.
Article 204 Whoever obtains fraudulently from the state a
tax refund for exports by filling a false export declaration or other
deceptive means shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine of not less
than the amount of the tax refund which has been fraudulently obtained
and not more than five times of the sum. If the amount involved is huge
or other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine of not less than the
amount of the tax refund which has been fraudulently obtained and not
more than five times of the sum. If the amount involved is especially
huge and other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and concurrently be sentenced to a fine of not
less than the amount of the tax refund which has been fraudulently
obtained and not more than five times of the sum or confiscation of
property.
Any taxpayer who obtains fraudulently the tax he has paid by
deceptive means mentioned in the preceding paragraph shall be decided a
crime and punished according to the provisions of Article 201 of this
Law. The part that the amount of the tax which has been fraudulently
obtained exceeds the tax he has paid shall be handled according to the
provisions of the preceding paragraph.
Article 205 Whoever falsely fills out value-added tax invoices or
falsely fills out other kinds of invoices used for obtaining fraudulently
tax refunds on exported items or tax deduction shall be sentenced
to fixed-term imprisonment of not more than three years
or criminal detention, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved in the falsification of the
invoices is relatively huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced
to a fine of not less than 50,000 yuan and not more than 500,000 yuan.
If the amount involved in the falsification of the invoices is huge or
other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of
property.
Whoever commits an act mentioned in the preceding paragraph and
obtains fraudulently tax from the state shall, if the amount involved is
especially huge and the circumstances are especially serious, and if the
state has therefore suffered especially great losses, be sentenced to
life imprisonment or death, and concurrently be sentenced to
confiscation of property.
If a unit commits a crime mentioned in this Article, the unit shall
be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than three years
or criminal detention. If the amount involved in the falsification of the
invoices is relatively huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years. If the amount involved in the
falsification of the invoices is huge or other especially serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment.
"To falsely fill out value-added tax invoices or falsely fill out other kinds of
invoices used for obtaining fraudulently tax refunds on exported items
or tax deduction" refers to any action involving falsely filling out the
invoices for oneself or for any other person, allowing any other person
to falsely fill out the invoices for oneself, or introducing any other
person to the action of falsely filling out the invoices.
Article 206 Whoever counterfeits value-added tax invoices or sells counterfeited
value-added tax invoices shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public surveillance,
and concurrently be sentenced to a fine of not less than 20,000 yuan and
not more than 200,000 yuan. If the amount involved is relatively huge or
other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan. If the amount involved is
huge or other especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine of not less
than 50,000 yuan and not more than 500,000 yuan or confiscation of
property.
Whoever counterfeits and sells counterfeited value-added tax
invoices shall, if the amount involved is especially huge, the
circumstances are especially serious and the economic order has been
thereby undermined seriously, be sentenced to life imprisonment or
death, and concurrently be sentenced to confiscation of property.If a
unit commits a crime mentioned in this Article, the unit shall be
sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance. If the amount involved is relatively huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
If the amount involved is huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment.
Article 207 Whoever illegally sells value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan. If the amount involved is
relatively huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years,
and concurrently be sentenced to a fine of not less than 50,000 yuan and
not more than 500,000 yuan. If the amount involved is huge, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan or confiscation of
property.
Article 208 Whoever illegally purchases value-added tax
invoices or purchases counterfeited value-added tax invoices shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be sentenced to a
fine of not less than 20,000 yuan and not more than 200,000 yuan.
Whoever illegally purchases value-added tax invoices or purchases counterfeited
value-added tax invoices and then falsely fills out or sells such
invoices shall be decided a crime and punished according to the
provisions of Article 205, Article 206 or Article 207 of this Law.
Article 209 Whoever counterfeits or makes without authorization other
kinds of invoices which may be used for obtaining fraudulently tax
refunds on exported items or tax deduction, or sells such invoices,
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine of
not less than 50,000 yuan and not more than 500,000 yuan. If the amount
involved is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years, and concurrently
be sentenced to a fine of not less than 50,000 yuan and not more than
500,000 yuan or confiscation of property.
Whoever counterfeits or makes without authorization any other kinds
of invoices than those mentioned in the preceding paragraph or
sells such invoices shall be sentenced to fixed-term imprisonment
of not more than two years, criminal detention or public surveillance,
and concurrently or independently be sentenced
to a fine of not less than 10,000 yuan and not more than 50,000 yuan. If
the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than two years and not more than
seven years, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan.
Whoever illegally sells any other kinds of invoices which may be used
for obtaining fraudulently tax refunds on exported items or tax
deduction shall be punished according to the provisions of the first paragraph.
Whoever illegally sells any other kinds of invoices than those mentioned
in the third paragraph shall be punished according to the provisions of the
second paragraph.
Article 210 Whoever steals value-added tax invoices or any other kinds
of invoices which may be used for obtaining fraudulently tax refunds on
exported items or tax deduction shall be decided a crime and punished
according to the provisions of Article 264 of this Law.
Whoever obtains value-added tax invoices or any other kinds of invoices which
may be used for obtaining fraudulently tax refunds or tax deduction through
deceptive means shall be decided a crime and punished according to the
provisions of Article 266 of this Law.
Article 211 If a unit commits any crime mentioned in Article 201, Article 203,
Article 204, Article 207, Article 208 or Article 209 of this Section,
the unit shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to the
respective provisions of these articles.
Article 212 If anyone commits any crime mentioned in from Article 201
to Article 205 and is sentenced to a fine or confiscation of property,
he shall be pursued by the tax authorities
for the payment of tax or tax refunds which has been obtained
fraudulently before the execution of the punishment above-mentioned.
Section 7 Crimes of Infringing upon Intellectual Property Rights
Article 213
Whoever uses a trademark identical with another person's registered
trademark on the same kind of goods without permission from the owner of
the registered trademark shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine. If the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine.
Article 214 Whoever knowingly sells goods bearing counterfeited
registered trademarks shall, if the sum obtained through sale is
relatively huge, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or
independently be sentenced to a fine. If the sum obtained through sale
is huge, the offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine.
Article 215 Whoever forges or makes
without authorization representations of registered trademarks of
another person or sells representations of registered trademarks which
are forged or made without authorization shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and concurrently or
independently be sentenced to a fine. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years,
and concurrently be sentenced to a fine.
Article 216 Whoever forges another person's patent shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine.
Article 217 Any of the following categories of persons who
infringes upon copyright for the purpose of reaping profits shall, if
the amount of illegal gains is relatively huge or other serious
circumstances exist, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or
independently be sentenced to a fine. If the amount of illegal gains is
huge or other especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine: (1)
reproducing and distributing, without the permission of the copyright
owner, his written works, musical works, cinematic works, television
works, video works, computer software and other works; (2) publishing a
book of which another person has the exclusive publishing right; (3)
reproducing and distributing, without the permission of the phonogram or
videogram producer, the phonogram or videogram produced by him; or (4)
producing and selling a work of art bearing the forged signature of
another person.
Article 218 Whoever sells, for the purpose of reaping
profits, those which he well knows are infringing reproductions
specified in Article 217 of this Law shall, if the amount of his illegal
gains is huge, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or independently be
sentenced to a fine.
Article 219 Any of the following categories of
persons who infringes upon commercial secrets shall, if the offence
causes another person who enjoys the rights of the commercial secrets to
suffer heavy losses, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or
independently be sentenced to a fine. If the offence causes especially
serious consequences, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years,
and concurrently be sentenced to a fine: (1) acquiring commercial
secrets of another person who enjoys the rights by stealing, lure, force
or other improper means; (2) revealing, using or permitting other
persons to use the commercial secrets of another person who enjoys the
rights of the secrets by means specified in the preceding paragraph; or
(3) revealing, using or permitting other persons to use another person's
commercial secrets which are held by him contrary to his promise or to
the demands by the person who enjoys the rights involving protection of
the commercial secrets.
Whoever acquires, uses or reveals another
person's commercial secrets knowing well or oughting to know the acts
listed in the preceding paragraph shall be punished as an act of
infringement upon commercial secrets.
"Commercial secrets" mentioned in this Article refers to the practical
technical information and management information which is unknown by the public,
can bring economic profits to the person who enjoys the rights,
and the person who enjoys the rights has taken classified measures.
"The person who enjoys the rights" mentioned in this Article refers to the owner of a
commercial secret or user of a commercial secret who is permitted by the
owner of the commercial secret.
Article 220 If a unit commits any crime
mentioned in from Article 213 to Article 219 of this Section, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according
to the respective provisions of these articles.
Section 8 Crimes of Disturbing Market Order
Article 221 Whoever fabricates and disseminates
false facts to impair another person's commercial reputation or
merchandise prestige shall, if a heavy loss of another person is caused
or other serious circumstances exist, be sentenced to fixed-term
imprisonment of not more than two years or criminal detention, and
concurrently or independently be sentenced to a fine.
Article 222 Any advertiser, advertising operator or advertising releaser takes
advantage of advertisements to conduct false propaganda on merchandise or
service in violation of the state's stipulations shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than two
years or criminal detention, and concurrently or independently be
sentenced to a fine.
Article 223 Any bidder who informs mutually the
quoted price of a bid in collaboration to harm the interests of the bid
inviter or another bidder shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine.
Any bidder and bid inviter who act in collaboration in bidding and
harm the legal interests of the state, collective or citizen shall be
punished according to the provisions of the preceding paragraph.
Article 224 Any of the following categories of persons who, in the course of
signing or fulfilling contracts and for the purpose of illegal
possession, obtains fraudulently property of the other party shall, if
the amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine. If the amount
involved is huge or other serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be sentenced to a
fine. If the amount involved is especially huge or other especially
serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment,
and concurrently be sentenced to a fine or confiscation of property: (1)
those who sign contracts in the name of a false unit or another person;
(2) those who use forged, altered or invalid bills or other false
certificates of property rights as guarantee; (3) those who are unable
to fulfil contracts practically but trap the other party to go on
signing or fulfilling contracts by means of fulfilling in advance petty
contracts or fulfilling partly contracts; (4) those who flee after
receiving the goods, payment for goods, payment in advance or guaranteed
property; or (5) those who obtain fraudulently property of the other
party by other means.
Article 225 Any of the following categories of
persons who, in violation of the state's stipulations, engages in
illegal business activities and disturbs the market order shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than the amount of
illegal gains and not more than five times of the sum. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years, and concurrently be
sentenced to a fine of not less than the amount of illegal gains and not
more than five times of the sum or confiscation of property: (1) without
authorization, buying or selling monopolized articles or other articles
of exclusive sale as prescribed by laws or regulations; (2) buying or
selling import or export licences, import or export origin certificates
or other business licences or approval documents as prescribed by laws
or regulations; or (3) other illegal business activities which disturb
seriously the market order.
Article 226 Whoever, by means of violence or
threat, buys or sells goods, or forces others to provide or accept
service shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine.
Article 227 Whoever counterfeits tickets for vehicles or ships, postage
stamps or other valuable tickets or resells such tickets shall, if the
amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than two years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine
of not less than the sum of the tickets and not more than five times of
the sum. If the amount involved is huge, the offender shall be sentenced
to fixed-term imprisonment of not less than two years and not more than
seven years, and concurrently be sentenced to a fine of not less than
the sum of the tickets and not more than five times of the sum.
Whoever resells tickets for vehicles or ships shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and concurrently or
independently be sentenced to a fine of not less than the sum of the
tickets and not more than five times of the sum.
Article 228 Whoever, for the purpose of making profits and in violation of laws or
regulations on land administration, illegally transfers or resells
rights for land use shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine of not less than 5% of the sum obtained through transfer or sale of
rights for land use and not more than 20% of the sum. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years, and concurrently be sentenced to a fine of 5% of the sum
obtained through transfer or sale of rights for land use and not more
than 20% of the sum.
Article 229 Any person in an intermediary organization who bears the
duty such as evaluation of assets, examination of assets,
examination of certificates, accounting,
auditing, legal service, etc., but provides intentionally false
certificates shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine.
Any person specified in the preceding paragraph who extorts another
person's property or accepts illegally another person's property and commits a crime
mentioned in the preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years,
and concurrently be sentenced to a fine.
Any person specified in the first paragraph who neglects his duty seriously and provides
certificates which are seriously inconsistent with the facts shall, if
serious consequences have resulted, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine.
Article 230
Whoever, in violation of the Law on Import and Export Commodity
Inspection, evades commodity inspection and without applying for
inspection markets or uses import commodities which are subject to the
statutory inspection or without applying for inspection and obtaining
certificates of inspection exports commodities which are subject to
statutory inspection shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine.
Article 231 If a unit commits any crime mentioned in from Article
221 to Article 230 of this Section, the unit shall be sentenced to a
fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the respective
provisions of these articles.
Chapter IV Crimes of Infringing upon the Rights of the Person and the Democratic Rights of Citizens
Article 232
Whoever intentionally commits homicide shall be sentenced to death, life
imprisonment or fixed-term imprisonment of not less than ten years; if
the circumstances are relatively minor, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more
than ten years.
Article 233 Whoever negligently causes death of another
person shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years. If the circumstances are
relatively minor, the offender shall be sentenced to fixed-term
imprisonment of not more than three years. Where this Law has other
provisions, such provisions shall prevail.
Article 234 Whoever
intentionally inflicts bodily injury upon another person shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.
Whoever, by committing the
crime mentioned in the preceding paragraph, causes severe bodily injury
to another person shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years. If he causes a
person's death or causes severe bodily injury resulting in severe
deformity to another person by especially cruel means, he shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death. Where this Law has other provisions, such
provisions shall prevail.
Article 235 Whoever negligently injures another person and causes
him severe bodily injury shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. Where this Law has other provisions, such provisions shall
prevail.
Article 236 Whoever rapes a woman by force, threat or other
means shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Whoever has sexual relations with a girl under the age of 14 shall be deemed
to have committed rape and shall be given a heavier punishment.
Any of the following categories of persons who rapes a woman or
has sexual relations with a girl shall be sentenced to fixed-term
imprisonment of not less than ten years, life
imprisonment or death: (1) those who rape a woman or have sexual
relations with a girl with flagrant circumstances; (2) those who rape
several women or have sexual relations with several girls; (3) those
who, in a public place, rape a woman in public; (4) two or more persons
who rape the same victim in succession; or (5) those who cause severe
bodily injury or death of the victim or cause other serious consequences.
Article 237 Whoever acts indecently towards or insults a
woman by force, threat or other means shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
Whoever, by means of gathering a crowd or in the public place and in public,
commits the crime mentioned in the preceding paragraph shall be
sentenced to fixed-term imprisonment of not less than five years.
Whoever acts indecently towards a child shall be given a heavier punishment
according to the provisions of the preceding two paragraphs.
Article 238 Whoever unlawfully detains another person or deprives another person of
his personal freedom shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention, public surveillance or
deprivation of political rights. If circumstances of hitting or
insulting another person exist, the offender shall be given a heavier
punishment.
Whoever, by committing the crime mentioned in the preceding
paragraph, causes severe bodily injure to another person shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years. If he causes death of another person, he shall
be sentenced to fixed-term imprisonment of not less than ten years. If
another person's deformity or death is caused by violence, the offender
shall be decided a crime and punished according to the provisions of
Article 234 or Article 232 of this Law.
Whoever, for the purpose of extorting the payment of debts, unlawfully
distrains or detains another person shall be punished according to
the provisions of the preceding two paragraphs.
Whoever from the staff of a state organ takes advantage
of his office to commit a crime mentioned in the preceding three
paragraphs shall be given a heavier punishment according to the
provisions of the preceding three paragraphs.
Article 239 Whoever kidnaps another person for the purpose of extorting money or kidnaps
another person as hostage shall be sentenced to fixed-term imprisonment
of not less than ten years or life imprisonment, and concurrently be
sentenced to a fine or confiscation of property. If the offender causes
death of the kidnapped person or kills the kidnapped person, he shall be
sentenced to death, and concurrently be sentenced to confiscation of
property.
Whoever steals an infant or a baby for the purpose of extorting
money shall be punished according to the provisions of the preceding
paragraph.
Article 240 Whoever abducts and traffics in a woman or a
child shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to
a fine. Under any of the following circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or confiscation of
property. If the circumstances are especially serious, the offender
shall be sentenced to death, and concurrently be sentenced to
confiscation of property: (1) being a ringleader of a group engaged in
the abduction of and trafficking in women or children; (2) abducting and
trafficking in three or more women and/or children; (3) raping the woman
who is abducted and trafficked in; (4) enticing or forcing the woman who
is abducted and trafficked in to engage in prostitution, or selling such
woman to any other person or persons who will force the woman to engage
in prostitution; (5) for the purpose of selling the victim, kidnapping a
woman or a child by means of violence, threat or anaesthesia; (6) for
the purpose of selling the victim, stealing an infant or a baby; (7)
causing severe bodily injury or death or other serious consequences of
the woman or child who is abducted and trafficked in or of their
relatives; or (8) selling a woman or a child out of the territory of
China.
"Abducting and trafficking in a woman or a child" refers to any
act of abducting, kidnapping, buying, trafficking in, fetching or
sending, or transferring a woman or a child for the purpose of selling
the victim.
Article 241 Whoever buys a woman or a child who is abducted
and trafficked in shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance.
Whoever buys a woman who is abducted and trafficked in and has sexual relations
with her against her will shall be decided a crime and punished
according to the provisions of Article 236 of this Law.
Whoever buys a woman or a child who is abducted and trafficked in and illegally
deprives her/him of her/his personal freedom or restricts her/his
personal freedom or commits any criminal act of injuring or insulting
shall be decided a crime and punished according to the relevant
provisions of this Law.
Whoever buys a woman or a child who is abducted
and trafficked in and commits any criminal act as prescribed in the
second or third paragraph shall be punished according the provisions
regarding combined punishment for several crimes.
Whoever buys a woman or a child who is abducted and trafficked in and sells the victim
afterwards shall be decided a crime and punished according to the
provisions of Article 240 of this Law.
Whoever, having bought a woman or a child who is abducted and trafficked in,
does not obstruct the woman from returning to her original place of residence
according to her will, or does not maltreat the child nor obstruct his or her rescue, may be
exempted from being investigated for criminal responsibility.
Article 242 Whoever obstructs by violence or threat state functionaries from
rescuing a woman or a child who has been bought shall be decided a crime
and punished according to the provisions of Article 277 of this Law.
Any ringleader who obstructs, by means of gathering a crowd, state
functionaries from rescuing a woman or a child who has been bought shall
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention. Any other participant who adopts the means of
violence or threat shall be punished according to the provisions of the
preceding paragraph.
Article 243 Whoever fabricates facts to implicate
another person on false charges in order that another person is
prosecuted as a criminal shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance. If serious consequences are
caused, the offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years.
Any state functionary who commits a crime mentioned in the preceding paragraph
shall be given a heavier punishment.
Where it is not a case of intentional false accusation but rather a case of mistaken
complaint or unsubstantiated accusation, the provisions of the preceding two
paragraphs shall not apply.
Article 244 If any employing unit, in violation of laws or regulations on labour
administration, forces employees to work by means of deprivation of personal freedom,
and if the circumstances are serious, persons directly responsible for the
crime shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or independently be
sentenced to a fine.
Article 245 Whoever unlawfully subjects another
person to a bodily search or a search of his residence or unlawfully
intrudes into another person's residence shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Any judicial functionary who exercises his power improperly
and commits a crime mentioned in the preceding paragraph shall be given
a heavier punishment.
Article 246 Whoever, by means of violence or by
other means, insults in public another person or fabricates facts to
slander another person shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political rights.
The crime mentioned in the preceding paragraph shall be handled
only upon complaint, except where serious harm has been done to the
public order and to the interests of the state.
Article 247 Any judicial functionary who extorts by torture a confession from a
suspect of crime or a defendant or extorts, by means of violence, testimony from a
witness shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention. If another person's deformity or
death is caused, the offender shall be given a heavier punishment
according to the provisions of Article 234 or Article 232 of this Law.
Article 248 Whoever from the supervising or administering persons of a
supervising or administering organ such as a prison, bridewell or house
of detention subjects prisoners or internees to battery or corporal
punishment shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. If deformity or death of another
person is caused, the offender shall be decided a crime and given a
heavier punishment according to the provisions of Article 234 or Article
232 of this Law.
Any supervising or administering person who instigates
prisoners or internees to subject other prisoners or internees to
battery or corporal punishment shall be punished according to the
provisions of the preceding paragraph.
Article 249 Whoever incites national hatred or national discrimination shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention, public surveillance or deprivation of
political rights. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Article 250 If a publication carries contents involving discriminating or insulting minority
nationalities, persons directly responsible for the crime shall, if the
circumstances are flagrant and serious consequences are caused, be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.
Article 251 Any state functionary who unlawfully deprives a citizen of his freedom of
religious belief or infringes upon the customs and habits of minority
nationalities shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than two years or criminal
detention.
Article 252 Whoever conceals, destroys or unlawfully opens
another person's letters, infringing upon the citizen's right to freedom
of correspondence shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than one year or criminal
detention.
Article 253 Any postal worker who opens, conceals or destroys
mails or telegrams without authorization shall be sentenced to
fixed-term imprisonment of not more than two years or criminal
detention.
Whoever steals property while committing the crime mentioned
in the preceding paragraph shall be decided a crime and given a heavier
punishment according to the provisions of Article 264 of this Law.
Article 254 Any state functionary who abuses his power, using his public
offices for private gain, in order to retaliate against or frame
complainants, petitioners, critics or accusers or incriminate them on
false charges shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than two years and more than seven years.
Article 255 Any leader of a company, an enterprise, institution, organ or a public organization
attacks or retaliates against accountants or statisticians who perform
duties according to law and refuse the acts which are contrary to the
Accounting Law or Statistics Law shall, if the circumstances are
flagrant, be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
Article 256 Whoever, in the course of
electing the representatives of people's congresses at various levels or
leading persons of state organs, undermines the election or prevents the
voters or representatives from exercising their rights of electing or
standing for election by means of violence, threat, deception, bribe,
counterfeiting electing documents or reporting falsely votes shall, if
the circumstances are serious, be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or deprivation of
political rights.
Article 257 Whoever forcibly interferes with another
person's freedom of marriage shall be sentenced to fixed-term
imprisonment of not more than two years or criminal detention.
If anyone committing the crime mentioned in the preceding paragraph causes his
victim's death, he shall be sentenced to fixed-term imprisonment of not
less than two years and not more than seven years.
The crime mentioned in the first paragraph of this Article shall be handled only upon
complaint.
Article 258 Whoever has a spouse and commits bigamy or
whoever marries another person while clearly knowing that the other has
a spouse shall be sentenced to fixed-term imprisonment of not more than
two years or criminal detention.
Article 259 Whoever cohabits with or
marries a person while clearly knowing that the person is the spouse of
a member of the armed forces in active service shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Whoever takes advantage of his office or subordinate relation
and has sexual relation, by means of threat, with the wife of a member
of the armed forces in active service shall be decided a crime and
punished according to the provisions of Article 236 of this Law.
Article 260 Whoever maltreats a member of his family shall, if the circumstances
are flagrant, be sentenced to fixed-term imprisonment of not more than
two years, criminal detention or public surveillance.
If anyone committing the crime mentioned in the preceding paragraph causes serious
injury or death to the victim, he shall be sentenced to fixed-term
imprisonment of not less than two years and not more than seven
years.
The crime mentioned in the first paragraph of this Article shall
be handled only upon complaint.
Article 261 Whoever refuses his proper duty to support an aged person,
minor, sick person or any other person
who can not live independently shall, if the circumstances are flagrant,
be sentenced to fixed-term imprisonment of not more than five years,
criminal detention or public surveillance.
Article 262 Whoever abducts a boy or girl under the age of 14,
thereby cutting the child off from his family or guardian, shall be
sentenced to fixed-term imprisonment of not more than five years
or criminal detention.
Chapter V Crimes of Property Violation
Article 263 Whoever takes public or private property by force,
threat or other methods shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and concurrently
be sentenced to a fine. Whoever commits any of the following acts shall
be sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death, and concurrently be sentenced to a fine or
confiscation of property: (1) entering a house owned by others and
committing robbery; (2) committing robbery in a means of public
transport; (3) robbing a bank or other financial institution; (4)
committing robbery for several times or committing robbery in which the
offender obtains a large amount of property; (5) causing serious injury
or death to another person while committing robbery; (6) committing
robbery by passing himself off as a servicemen or a policeman; (7)
holding a gun to commit robbery; or (8) robbing military supplies or
goods and materials that are allocated for emergencies, disaster relief
or social relief.
Article 264 Whoever steals a relatively large amount
of public or private property or steals property for several times shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently or
independently be sentenced to a fine. If the amount involved is huge or
other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine. If the amount
involved is especially huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment, and concurrently be sentenced
to a fine or confiscation of property. Whoever commits any of the
following acts shall be sentenced to life imprisonment or death, and
concurrently be sentenced to confiscation of property: (1) stealing
property from a financial institution, and obtaining a especially huge
amount of property; or (2) stealing rare and precious cultural relics
with serious circumstances.
Article 265 Whoever, for the purpose of making profits, connects secretly
with communication lines of another
person or duplicates telecommunication codes of another person or, uses
the telecommunication equipment or facilities while clearly knowing that
they are connected secretly or duplicated shall be decided a crime and
punished according to the provisions of Article 264 of this Law.
Article 266 Whoever swindles a relatively huge amount of public or private
property shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine. If the amount involved is huge
or other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine. If the amount
involved is especially huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment, and concurrently be sentenced
to a fine or confiscation of property. Where this Law has other
provisions, such provisions shall prevail.
Article 267 Whoever seizes forcibly a relatively huge amount of public or private
property shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently or
independently be sentenced to a fine. If the amount involved is huge or
other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine. If the amount
involved is especially huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment, and concurrently be sentenced
to a fine or confiscation of property.
Whoever holds lethal weapons to seize forcibly property shall be decided
a crime and punished according to the provisions of Article 263 of this Law.
Article 268 Any ringleader or other active participant who gets together a
crowd to commit open plunder of public or private property shall, if the amount involved is
relatively huge or other serious circumstances exist, be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance, and concurrently be sentenced to a fine. If the
amount involved is huge or other especially serious circumstances exist,
the offender shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and concurrently be
sentenced to a fine.
Article 269 If anyone commits a crime of theft,
fraud or forcible seizure and uses or threatens to use violence on the
spot in order to conceal booty, resist detention or arrest or destroy
criminal evidence, he shall be decided a crime and punished according to
the provisions of Article 263 of this Law.
Article 270 Whoever illegally takes possession of another person's property
which is taken care of by him for the person shall, if the amount involved is
relatively huge and the offender refuses to return it, be sentenced to fixed-term
imprisonment of not more than two years, criminal detention or a fine.
If the amount involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
two years and not more than five years, and concurrently be sentenced to
a fine.
Whoever illegally takes possession of property which is lost or
buried underground by another person shall, if the amount involved is
relatively huge and the offender refuses to return it, be punished
according to the provisions of the preceding paragraph.
The crime mentioned in this Article shall be handled only upon complaint.
Article 271 Whoever from the staff of a company, an enterprise or other unit
takes advantage of his office to illegally take possession of property
of his unit shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If the amount involved is huge, the offender shall
be sentenced to fixed-term imprisonment of not less than five years, and
may concurrently be sentenced to confiscation of property.
If anyone from the staff of a state-owned company, enterprise or other unit who
performs public service or from the persons who are appointed and sent
by a state-owned company, enterprise or other unit to a non-state-owned
company, enterprise or other unit to perform public service commits an
act mentioned in the preceding paragraph, he shall be decided a crime
and punished according to the provisions of Article 382 or Article 383
of this Law.
Article 272 Whoever from the staff of a company, enterprise
or other unit takes advantage of his office to misappropriate his unit's
funds for himself or to lend them to others shall, if the amount
involved is relatively huge and the offender fails to return them within
three months or, if the funds are returned within three months, but the
amount involved is relatively huge and the money is used for
profit-making activities or illegal activities, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. If the offender misappropriates a huge amount of funds of his
unit, or fails to return them though the amount involved is relatively
huge, he shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
If anyone from the staff of a state-owned company, enterprise or other unit
who performs public service or from the persons who are appointed and sent
by a state-owned company, enterprise or other unit to a non-state-owned company,
enterprise or other unit to perform public service commits an act
mentioned in the preceding paragraph shall be decided a crime and
punished according to the provisions of Article 384 of this Law.
Article 273 Anyone directly responsible for the act of misappropriation of funds
or articles which are allocated for disaster relief, emergencies,
flood-control, care to disabled servicemen and families of revolutionary
martyrs and servicemen, care to the poor, resettlement of residents or
social relief shall, if the circumstances are serious and major harm to
the interests of the state and the people has resulted, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
Article 274 Whoever extorts money
or other public or private property by blackmail shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance. If
the amount involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Article 275 Whoever intentionally destroys public or private property shall, if the amount
involved is relatively huge or other serious circumstances exist, be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or a fine. If the amount involved is huge or other
especially serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more
than seven years.
Article 276 Whoever, for purpose of retaliation or from spite or other personal motives,
destroys machinery or equipment,
cruelly injures or slaughters draught animals or uses other means to
sabotage production or business operations, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
Chapter VI Crimes of Obstructing the Administration of Public Order
Section 1 Crimes of Disturbing the Public Order
Article 277 Whoever, by means of force or threat, obstructs
a state functionary from carrying out his functions according to law
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or a fine.
Whoever, by means of force or threat, obstructs a representative of the National
People's Congress or local people's congresses at various levels from
carrying out his functions according to law shall be punished according
to the provisions of the preceding paragraph.
Whoever, during a natural
disaster or unexpected incident, by means of force or threat, obstructs
any person from the staff of the Red Cross from carrying out his
functions according to law shall be punished according to the provisions
of the first paragraph.
Whoever intentionally obstructs a state security
organ or a public security organ from carrying out the tasks of state
security without resorting to force or threat shall, if serious
consequences are caused, be punished according to the provisions of the
first paragraph.
Article 278 Whoever incites the masses to resist
enforcement of state's laws or administrative regulations shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political
rights. If serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Article 279 Whoever poses as a state
functionary in order to practise fraud shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights. If the circumstances
are serious, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years.
Whoever poses
as a people's policeman in order to practise fraud shall be given a
heavier punishment according to the provisions of the preceding
paragraph.
Article 280 Whoever forges, alters, buys or sells, steals,
forcibly seizes or destroys the official documents, certificates or
seals of a state organ shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention, public surveillance or
deprivation of political rights. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Whoever forges seals of a company, enterprise, institution, or people's
organization shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or deprivation of political
rights.
Whoever forges or alters identity cards of residents shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political
rights. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Article 281 Whoever illegally produces, buys
or sells uniforms for the people's police, licence plates for police
vehicles or other special-use signs or police equipment shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine.
If a unit commits a crime mentioned in the preceding paragraph, the unit shall be
sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
Article 282 Whoever, by means of stealing, prying or buying, obtains
illegally state secrets shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public surveillance
or deprivation of political rights. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Whoever illegally holds documents, materials
or other articles involving state most confidential or classified
information and refuses to explain their sources and uses shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance. Article 283 Whoever illegally
produces or sells spy apparatus for special use of wiretapping or
photographing secretly shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance.
Article 284 Whoever illegally uses apparatus for special use of
wiretapping or photographing secretly shall, if serious consequences are
caused, be sentenced to fixed-term imprisonment of not more than two
years, criminal detention or public surveillance.
Article 285 Whoever, in violation of state's stipulations, invades a computer information
system involving the fields of state affairs, national defence
construction or most advanced science and technology shall be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention.
Article 286 Whoever, in violation of state's stipulations,
deletes, amends, adds or disturbs functions of a computer information
system and causes the computer information system's inability to work
normally shall, if serious consequences exist, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention. If especially serious consequences exist, the offender shall
be sentenced to fixed-term imprisonment of not less than five
years.
Whoever, in violation of state's stipulations, conducts operations
of deletion, amendment or addition towards data or application
programmes which are stored, disposed of or transmitted in a computer
information system shall, if serious consequences exist, be punished
according to the provisions of the preceding paragraph.
Whoever intentionally makes or disseminates computer virus or other destructive
programmes and affects the normal operation of a computer information
system shall, if serious consequences exist, be punished according to
the provisions of the first paragraph.
Article 287 Whoever uses a computer to practise a financial fraud,
theft, embezzlement, misappropriation of public money, to steal state
secrets or to commit other crimes shall be decided a crime and punished
according to the relevant provisions of this Law.
Article 288 Whoever, in violation of state's stipulations, without authorization
establishes or uses a wireless radio station, or without authorization occupies frequency and
refuses to stop his act after being ordered to stop and disturbs the
normal operation of wireless communication shall, if serious
consequences are caused, be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine.
If a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of the preceding paragraph.
Article 289 Whoever gathers a crowd for
"beating, smashing and looting" and causes deformity or death to another
person shall be decided a crime and punished according to the provisions
of Article 234 or Article 232 of this Law. If articles of public or
private property are destroyed or forcibly taken, the ringleaders shall
be decided a crime and punished according to the provisions of Article
263 of this Law, in addition to being ordered to provide restitution or
compensation.
Article 290 Where an assembled crowd disturbs public
order, if the circumstances are so serious that work, production,
business, education or scientific research cannot be conducted and
serious losses are caused, the ringleaders shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years, other active participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.
Where an assembled crowd assaults state organs and makes it impossible
for the organs to conduct their work and serious losses are caused, the ringleaders shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years; other active participants shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention,
public surveillance or deprivation of political rights.
Article 291 Where an assembled crowd disturbs order at stations, wharves, civil
airports, marketplaces, public parks, theatres, cinemas, exhibition
halls, sports grounds or other public places, or an assembled crowd
blocks traffic or undermines traffic order or resists or obstructs
public security administration personnel of the state from carrying out
their duties according to law, if the circumstances are serious, the
ringleaders shall be sentenced to fixed-term imprisonment of not more
than five years, criminal detention or public surveillance.
Article 292 Where an assembled crowd engages in affrays, the ringleaders and other
active participants shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance. If any
of the following acts exists, the ringleaders and other active
participants shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years: (1) gathering a crowd to
engage in affrays for several times; (2) gathering a crowd to engage in
affrays involving many persons and on large scale and causing a flagrant
social influence; (3) in public places or on main traffic roads,
gathering a crowd to engage in affrays and causing a serious disturbance
of social order; or (4) gathering a crowd to engage in affrays with
weapons.
Whoever gathers a crowd to engage in affrays and causes serious
injury or death to another person shall be decided a crime and punished
according to the provisions of Article 234 or Article 232 of this Law.
Article 293 Whoever commits any of the following acts of creating
disturbance and undermines social order shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention or public
surveillance: (1) beating another person at will and with flagrant
circumstances; (2) pursuing, intercepting or abusing another person with
flagrant circumstances; (3) extorting forcibly or at will, destroying or
possessing and using public or private property with serious
circumstances; or (4) in public places, booing and hooting and making
trouble and causing serious disturbance of public places.
Article 294
Whoever organizes, leads and actively participates in an organization of
criminal syndicate which conducts an organized activities of offences or
crimes by violence, threat or other means, plays the tyrant in a
locality, perpetrates all kinds of evils, bullies and oppresses or
cruelly injures or kills common people, and seriously undermines the
economic and social order shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years, other
participants shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or deprivation
of political rights.
Whoever from the staff of an organization of
criminal syndicate abroad comes to the People's Republic of China to
absorb members for his organization shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten
years.
Whoever commits any crime mentioned in the preceding two
paragraphs and commits another crime shall be punished according to the
provisions of combined punishment for several crimes.
Whoever from the staff of state organs protects an organization with characters of
criminal syndicate or connives at such an organization's committing
activities of offences or crimes shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or
deprivation of political rights; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Article 295 Whoever passes on means of crime shall be sentenced
to fixed-term imprisonment of not more than five years, criminal detention
or public surveillance. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years.
If the circumstances are especially serious, the offender shall be sentenced
to life imprisonment or death.
Article 296 In a case where no application has been made for
an assembly, a procession or a demonstration according to law or no
permission for the application has been granted or where it is conducted
not in accordance with the starting and finishing time, places and
routes permitted by the competent authorities, while the order of
dismission is disobeyed and public order seriously undermined, persons
in charge of the assembly, procession or demonstration and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights.
Article 297 Whoever, in violation of the provisions of law, participates in an assembly, a
procession or a demonstration carrying weapons, controlled cutting tools
or explosives shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention public surveillance or deprivation
of political rights.
Article 298 Whoever disturbs, breaks into or
undermines by other means an assembly, a procession or a demonstration
held in accordance with law and causes disturbance of public order shall
be sentenced to fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of political
rights.
Article 299 Whoever desecrates the National Flag or the National
Emblem of the People's Republic of China by publicly and wilfully
burning, mutilating, scrawling on, defiling, or trampling upon it shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political
rights.
Article 300 Whoever organizes or uses superstitious sects or
secret societies or evil religious organizations, or uses feudal
superstition to undermine enforcement of the state's laws or
administrative regulations shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years.
Whoever organizes or uses superstitious sects or secret societies or evil religious
organizations, or uses feudal superstition to deceive another person and
causes death of the person shall be punished according to the provisions
of the preceding paragraph.
Whoever organizes or uses superstitious sects
or secret societies or evil religious organizations, or uses feudal
superstition to rape a woman or defraud property shall be decided a
crime and punished respectively according to the provisions of Article
236 and Article 266 of this Law.
Article 301 Where an assembled crowd commits licentious activities,
the ringleaders or other persons who participate for several times shall be
sentenced to fixed-term imprisonment of not more than five years, criminal detention or public
surveillance.
Whoever lures a minor to join a crowd engaging in licentious activities
shall be given a heavier punishment according to
the provisions of the preceding paragraph.
Article 302 Whoever steals or insults a corpse shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public surveillance.
Article 303 Whoever, for the purpose of profit, assembles a crowd to
engage in gambling, establishes a place for gambling or makes gambling
his profession shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance, and
concurrently be sentenced to a fine.
Article 304 Any postal worker who
neglects his duty seriously and delays intentionally delivery of mails
shall, if the offence causes heavy losses to public property and the
interests of the state or the people, be sentenced to fixed-term
imprisonment of not more than two years or criminal detention.
Section 2 Crimes of Impairing Judicial Activities
Article 305 If, in the course of criminal procedures, any witness, expert witness,
recorder or interpreter intentionally gives false evidence or makes a false expert
evaluation, record or translation concerning circumstances that bear an
important relation to a case, in order to frame another person or
conceal criminal evidence, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
Article 306 If, in the course of criminal procedures, any defender or
agent ad litem destroys or forges evidence, assists the party concerned
in destroying or forging evidence, threatens or lures witnesses to,
contrary to the facts, change testimony or provide false evidence, he
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
Where the testimony or other
evidence provided, produced or cited by a defender or an agent ad litem
is substantiated but not forged intentionally, such a case shall not
been deemed as a crime of forgery of evidence.
Article 307 Whoever, by violence, threat, bribe or other means, hinders a
witness from providing evidence or incites another person to provide false evidence shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Whoever assists a party concerned to destroy
or forge evidence shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention.
Any judicial functionary who commits a crime mentioned in the
preceding two paragraphs shall be given a heavier punishment.
Article 308 Whoever carries on retaliatory attacks against a witness shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Article 309 Whoever gathers a crowd to make
trouble in or assault a tribunal or beats a judicial functionary,
disturbs seriously the order of tribunal, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or a fine.
Article 310 Whoever, while clearly knowing that another person has committed a crime,
provides a concealed place or property for him, assists him in fleeing or provides
false evidence to protect him shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years.
Conspirators to a crime mentioned in the
preceding paragraph shall be punished as for a joint crime.
Article 311
Whoever, while clearly knowing that another person has committed a crime
of espionage, and when a state security organ inquires him about
relevant circumstances and collects relevant evidence from him, refuses
to provide them shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance.
Article 312 Whoever, while clearly knowing that
it is booty obtained through a crime, conceals, transfers, purchases or
sells it for the criminal shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine.
Article 313 Whoever refuses to carry out legally effective judgments or orders of
people's courts while he has ability to do so shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or a fine.
Article 314 Whoever conceals, transfers, sells or intentionally destroys the
property that has been sealed up, distrained or frozen by a judicial
organ shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or a fine.
Article 315 Any criminal who commits any of the following
acts of undermining the supervising and administering order after being
held in custody according to law shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than three
years: (1) beating the persons in charge of supervision and
administration; (2) organizing other persons under supervision and
administration to undermine order of supervision and administration; (3)
gathering a crowd to make trouble, disturbing the normal order of
supervision and administration; or (4) beating or corporally punishing,
or inciting another person to beat or corporally punish other prisoners
or internees.
Article 316 Any criminal, defendant or suspect for a crime
who escapes after being held in custody according to law shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Whoever seizes by force a criminal, defendant or
suspect for a crime who is escorted on the way shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than seven years.
Article 317 Any ringleader who organizes others to flee from a prison or
any active participant shall be sentenced to fixed-term imprisonment of
not less than five years, and other participants shall be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
Any ringleader who flees from a prison by insurrection or
raids a prison by means of gathering a crowd and holding tools or any
active participant shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment; if the circumstances are
especially serious, the offender shall be sentenced to death; other
participants shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years.
Section 3 Crimes of Impairing Regulations of National Boundary (Borderline)
Article 318 Whoever organizes other persons to secretly cross the national boundary
(borderline) shall be sentenced to fixed-term imprisonment of not less
than two years and not more than seven years, and concurrently be
sentenced to a fine. If anyone commits any of the following acts, he
shall be sentenced to fixed-term imprisonment of not less than seven
years or life imprisonment, and concurrently be sentenced to a fine or
confiscation of property: (1) being a ringleader of a group which
organizes other persons to secretly cross the national boundary
(borderline); (2) organizing other persons to secretly cross the
national boundary (borderline) for many times or organizing many persons
to secretly cross the national boundary (borderline); (3) causing severe
bodily injury or death to the organized persons; (4) depriving or
limiting the organized persons' personal freedom; (5) resisting the
inspection by means of force or threat; (6) getting a huge amount of
illegal income; or (7) having other especially serious
circumstances.
Whoever commits a crime mentioned in the preceding
paragraph and commits other criminal acts of killing, injuring, raping
or selling the organized persons, or killing or injuring the inspectors
shall be punished according to the provisions of combined punishment for
several crimes.
Article 319 Whoever, in the name of labour export,
foreign trade or others, deceptively gets passports, visas or other exit
certificates for the use of organizing other persons to secretly cross
the national boundary (borderline) shall be sentenced to fixed-term
imprisonment of not more than three years and concurrently be sentenced
to a fine; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years and concurrently be sentenced to a fine.
If a unit commits a crime mentioned in the preceding paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according
to the provisions of the preceding paragraph.
Article 320 Whoever provides other persons with forged or altered passports,
visas or other exit and entry certificates, or sells passports, visas or other exit and
entry certificates shall be sentenced to fixed-term imprisonment of not
more than five years and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and concurrently be sentenced
to a fine.
Article 321 Whoever transports other persons to secretly
cross the national boundary (borderline) shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention
or public surveillance, and concurrently be sentenced to a fine. If
anyone commits any of the following acts, he shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine: (1) transporting
other persons for many times or transporting many persons; (2) using
vessels, vehicles and other traffic means which are lack of necessary
safe conditions and it is sufficient to cause severe consequences; (3)
getting a huge amount of illegal income; or (4) having other especially
serious circumstances.
Whoever causes severe bodily injury or death to
the transported person during the transportation, or resists the
inspection by means of violence or threat shall be sentenced to
fixed-term imprisonment of not less than seven years and concurrently be
sentenced to a fine.
Whoever commits any crime mentioned in the preceding
two paragraphs and commits other criminal acts of killing, injuring,
raping or selling the transported persons or killing or injuring the
inspectors shall be punished according to the provisions of combined
punishment for several crimes.
Article 322 Whoever, in violation of laws
and regulations of national boundary (borderline), secretly crosses the
national boundary (borderline) shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than one year,
criminal detention or public surveillance, and concurrently be sentenced
to a fine.
Article 323 Whoever intentionally damages the boundary
tablets, boundary markers or permanent survey indicators along the
national border shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Section 4 Crimes of Impairing Regulations of Cultural Relics
Article 324 Whoever
intentionally damages precious cultural relics under state protection or
cultural relics of the designated major sites to be protected at the
national level or of sites to be protected for their historical and
cultural value at the level of province shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years
and concurrently be sentenced to a fine.
Whoever intentionally damages
historic sites or scenic spots under state protection shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently or
independently be sentenced to a fine.
Whoever negligently damages precious cultural relics under state protection
or cultural relics of the designated major sites to be protected at the
national level or of sites to be protected for their historical and cultural value at the
level of province shall, if serious consequences have resulted, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 325 Whoever, in violation of laws and
administrative regulations on protection of cultural relics, sells or
denotes without authorization to foreigners precious cultural relics in
his collection which are forbidden by the state from being exported
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and may concurrently be sentenced to a
fine.
If a unit commits a crime mentioned in the preceding paragraph, the
unit shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be punished
according to the provisions of the preceding paragraph.
Article 326 Whoever, for the purpose of profit, resells the cultural relics which
are forbidden by the state from being sold or bought shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention and concurrently be
sentenced to a fine; if the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years and concurrently be sentenced to
a fine.
If a unit commits a crime mentioned in the preceding paragraph,
the unit shall be sentenced to a fine, and persons directly in charge
and other persons directly responsible for the crime shall be punished
according to the provisions of the preceding paragraph.
Article 327 Where a state-owned museum, library or other unit, in violation of laws
or administrative regulations on protection of cultural relics, sells or
denotes without authorization cultural relics in collections protected
by the state to a non-state-owned unit or an individual, the unit shall
be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Article 328 Whoever excavates and robs a site of ancient culture or ancient tomb
of historical, artistic or scientific value shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years and concurrently be sentenced to a fine; if the circumstances
are relatively minor, the offender shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine. If anyone commits
any of the following acts, he shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment or death, and
concurrently be sentenced to a fine or confiscation of property: (1)
excavating and robbing a site of ancient culture or ancient tomb which
is designated as major sites to protected for their historical and
cultural value at the national level or at the provincial level; (2)
being the ringleader of a gang engaged in excavating and robbing sites
of ancient culture or ancient tombs; (3) excavating and robbing sites of
ancient culture or ancient tombs for many times; or (4) excavating a
site of ancient culture or ancient tomb and robbing valuable cultural
relics therein, or causing serious damage to valuable cultural relics
therein.
Whoever excavates and robs fossils of ancient human being or
ancient spined animals of scientific value shall be punished according
to the provisions of the preceding paragraph.
Article 329 Whoever seizes forcibly or steals state-owned archives
shall be sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Whoever, in violation of the provisions of the Archives Law, sells or transfers
without authorization state-owned archives shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
If anyone commits an act mentioned in the preceding two paragraphs
and the act concurrently constitutes another crime mentioned in this Law,
he shall be punished according to the provisions with a heavier punishment.
Section 5 Crimes of Endangering Public Health
Article 330 Whoever, in violation of the
provisions of the Law on the Prevention and Treatment of Infectious
Diseases, commits any of the following acts and causes the spread or a
great risk of the spread of an A Class infectious disease shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the consequences are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years: (1) failure on the part of a
water supply unit to conform to the hygienic standards for drinking
water set by the state; (2) refusal to give disinfection treatment,
according to the sanitary requirements proposed by a health and
anti-epidemic agency, to sewage, wastes and feces contaminated with the
pathogen of infectious diseases; (3) approving or conniving at the
taking of jobs by patients of infectious diseases, pathogen carriers or
suspected patients of infectious diseases which they are prohibited from
doing by the health administrative department under the State Council
because of the likelihood of causing a spread of infectious diseases; or
(4) refusal to execute preventive and control measures proposed by a
health and anti-epidemic agency according to the Law on Prevention and
Treatment of Infectious Diseases.
If a unit commits any crime mentioned
in the preceding paragraph, the unit shall be sentenced to a fine, and
the persons directly in charge and other persons directly responsible
for the crime shall be punished according to the provisions of the
preceding paragraph.
The range of A Class infectious diseases shall be
defined according to the Law of People's Republic of China on Prevention
and Treatment of Infectious Diseases and relevant provisions of the
State Council.
Article 331 Any person engaged in the experimentation,
storage, carrying or transportation of bacterial strains and virus
strains of infectious diseases who, in violation of the relevant
provisions of the health administrative department under the State
Council, causes a spread of the bacterial strains or virus strains of an
infectious disease shall, if serious consequences have resulted, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the consequences are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
Article 332 Whoever, in violation of the provisions on frontier health and quarantine,
causes the spread or a great risk of the spread of a quarantinable infectious
disease shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or independently be
sentenced to a fine.
If a unit commits any crime mentioned in the preceding paragraph,
the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly responsible for
the crime shall be punished according to the provisions of the preceding
paragraph.
Article 333 Whoever organizes illegally other persons to sell
blood shall be sentenced to fixed-term imprisonment of not more than
five years and concurrently be sentenced to a fine. Anyone who forces
other persons by means of violence or threat to sell blood shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine.Whoever
commits any crime mentioned in the preceding paragraph and causes injury
to others shall be decided a crime and punished according to the
provisions of Article 234 of this Law.
Article 334 Whoever illegally
collects or provides blood or, makes or provides blood product that does
not conform to the standard set by the state and is definitely harmful
to human health shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and concurrently be
sentenced to a fine; if great harm to human health has been caused, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years and concurrently be sentenced to
a fine; if the consequences are especially serious, the offender shall
be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine or
confiscation of property.
If a unit who collects or provides blood or makes or provides blood product
upon approval by the state's competent
department does not conduct examinations according to provisions or
violates other operational provisions, and thereby causes consequences
of endangering another person's health, the unit shall be sentenced to a
fine, and the persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention.
Article 335 Whoever from the medical staff, because of serious negligence of his duties,
causes death or serious damage to the person who goes to see him shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
Article 336 Anyone who illegally makes a diagnosis
or gives treatment without a qualification for a doctor shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine. If great
injury has been caused to the patients' health, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years and concurrently be sentenced to a fine. If he
causes the patients' death, he shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be sentenced to
a fine.
Anyone who, without a qualification for a doctor and without
authorization, conducts an operation of restoring oviduct or spermatic
duct after birth control measures have been taken, an operation of false
birth control or an operation of ending gestation or, takes off utensils
of birth control in the womb shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently or
independently be sentenced to a fine. If he does great injury to the
patient's physical health, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years
and concurrently be sentenced to a fine. If he causes the patients'
death, he shall be sentenced to fixed-term imprisonment of not less than
ten years and concurrently be sentenced to a fine.
Article 337 Whoever, in violation of the provisions of the Law on the Entry and Exit Animal
and Plant Quarantine, escapes from animal and plant quarantine and
thereby causes epidemic situations of animal and plant shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine.
If a unit commits the crime mentioned in the preceding paragraph,
the unit shall be sentenced to a fine, and the persons directly in
charge and other persons directly responsible for the crime shall be
punished according to the provisions of the preceding paragraph.
Section 6 Crimes of Undermining Protection of Environmental Resources
Article 338 Whoever, in violation of the state's stipulations, discharges, dumps
or disposes radioactive wastes, wastes of carrying infectious pathogens,
poisonous substances or other dangerous substances to land, water or
air, and causes a serious accident of environmental pollution shall, if
the offence causes serious consequences of great losses of public or
private property or bodily injury or death of another person, be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine; if the consequences are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine.
Article 339 Whoever, in violation of the state's stipulations, dumps,
piles up or disposes solid wastes abroad inside China shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention and concurrently be sentenced to a fine. If the offence causes
a serious environmental pollution accident and heavy losses to public or
personal property or does great injury to people's health, the offender
shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years and concurrently be sentenced to a
fine. If the consequences are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years and
concurrently be sentenced to a fine.
Whoever takes the liberty to import
solid wastes as raw materials without approval by relevant departments
under the State Council and causes a serious environmental pollution
accident shall, if the offence causes heave losses to public or personal
property or causes great injury to people's physical health, be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention and concurrently be sentenced to a fine; if the
consequences are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years and concurrently be sentenced to a fine.
Whoever in the name of utilizing raw materials imports solid wastes that
cannot be utilized as raw materials shall be decided a crime and punished
according to the provisions of Article 155 of this law.
Article 340 Whoever, in violation of laws or administrative regulations on
the protection of aquatic resources, fishes for aquatic products in an area where fishing is
prohibited, during a period when fishing is prohibited or using
implements or methods that are prohibited shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or a fine.
Article 341 Whoever illegally catches or kills the species of wildlife under
special state protection which are rare or near extinction, or illegally
purchases, transports or sells the species of wildlife under special
state protection which are rare or near extinction and their products
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and concurrently be sentenced to a fine; if
the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years and concurrently be sentenced to a fine; if the circumstances
are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be sentenced to
a fine or confiscation of property.
Whoever, in violation of game laws or regulations, hunts in a game reserve,
during a period when hunting is prohibited or using implements or methods
that are prohibited, thereby damaging wildlife resources shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or a fine.
Article 342 Whoever, in violation of laws or regulations on land administration, illegally
occupies cultivated land and uses it for other purpose shall, if the
amount involved is relatively huge and the offence causes serious damage
to a large amount of cultivated land, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine.
Article 343 Whoever, in violation of the provisions of the Mineral Resources Law,
mines without a mining licence, enters without authorization and mines
in mining areas that the state has planned to develop, in mining areas
with ores of significant value to the national economy, or in other's
mining areas, or exploits special kinds of minerals that the state has
prescribed for protective exploitation, and refuses to stop mining after
he is ordered to do so shall, if the offence causes damage to mineral
resources, be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine. If the offence causes serious
damage to mineral resources, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years and concurrently be sentenced to a fine.
Whoever, in violation of the provisions of the Mineral Resources Law, exploits
mineral resources in a destructive way and causes heavy damage to
mineral resources shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and concurrently be
sentenced to a fine.
Article 344 Whoever, in violation of the provisions
of the Forestry Law, illegally cuts down or destroys rare and precious
trees shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance, and concurrently
be sentenced to a fine; if the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be sentenced to a
fine.
Article 345 Whoever illegally cuts down trees, bamboo, etc. shall,
if the amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine;
if the amount involved is huge, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years, and concurrently be sentenced to a fine; if the amount
involved is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years and concurrently be
sentenced to a fine.
Whoever, in violation of the provisions of the
Forestry Law, denudes forests or other woodlands shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine; if the amount
involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years,
and concurrently be sentenced to a fine.
Whoever, for the purpose of profit, illegally purchases forest trees
which are clearly known by him to be cut down or denuded in forest areas shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine; if the circumstances are
especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years
and concurrently be sentenced to a fine.
Whoever illegally cuts down or denudes forests or other woodlands in the nature
reservation regions at the national level shall be given a heavier punishment.
Article 346 If a unit commits any crime mentioned in the provisions from Article 338 to
Article 345 of this Section, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly responsible for
the crime shall be punished according to the provisions of respective
articles of this Section.
Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs
Article 347 Whoever smuggles, traffics in, transports or manufactures narcotic drugs,
regardless of how much the quantity is, shall be investigated for
criminal responsibility and given criminal punishment.
Whoever smuggles, traffics in, transports or manufactures narcotic drugs, and commits any
of the following acts shall be sentenced to fixed-term imprisonment of
fifteen years, life imprisonment or death, and concurrently be sentenced
to confiscation of property: (1) smuggling, trafficking in, transporting
or manufacturing opium of not less than 1,000 grams, or heroin or methyl
benzedrine of not less than 50 grams or other narcotic drugs of large
quantities; (2) being ringleaders of gangs engaged in smuggling,
trafficking in, transporting or manufacturing of narcotic drugs; (3)
shielding with arms the smuggling, trafficking in, transporting or
manufacturing of narcotic drugs; (4) violently resisting inspection,
detention or arrest with serious circumstances; or (5) involved in
organized international drug trafficking.
Whoever smuggles, traffics in, transports or manufactures opium in a quantity
of not less than 200 grams and not more than 1,000 grams, or heroin or methyl benzedrine of
not less than 10 grams and not more than 50 grams or other narcotic
drugs of relatively huge quantities shall be sentenced to fixed-term of
imprisonment of not less than seven years and concurrently be sentenced
to a fine.
Whoever smuggles, traffics in, transports or manufactures
opium of not more than 200 grams, or heroin or methyl benzedrine of not
more than 10 grams or other narcotic drugs of small quantities shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently be sentenced
to a fine; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years and concurrently be sentenced to a fine.
If a unit commits any crime mentioned in the second, third or fourth
paragraph, the unit shall be sentenced to a fine, and the persons
directly in charge and other persons directly responsible for the crime
shall be punished according to respective provisions in the preceding
paragraphs.
Whoever makes use of minors or aids and abets them to
smuggle, traffic in, transport or manufacture narcotic drugs, or sells
narcotic drugs to them shall be given a heavier punishment.
With respect to persons who have smuggled, trafficked in, transported or manufactured
narcotic drugs for many times and have not been dealt with, the quantity
of narcotic drugs thus involved shall be computed accumulatively.
Article 348 Whoever illegally possesses opium of not less than 1,000
grams, or heroin or methyl benzedrine of not less than 50 grams, or any
other narcotic drugs of large quantities shall be sentenced to
fixed-term imprisonment of not less than seven years or life
imprisonment, and concurrently be sentenced to a fine. Whoever illegally
possesses opium of not less than 200 grams but not more than 1,000
grams, or heroin or methyl benzedrine of not less than 10 grams but not
more than 50 grams, or any other narcotic drugs of relatively large
quantities shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance, and
concurrently be sentenced to a fine. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years and concurrently be
sentenced to a fine.
Article 349 Whoever shields offenders engaged in
smuggling, trafficking in, transporting or manufacturing narcotic drugs,
or whoever harbours, transfers or covers up, for such offenders,
narcotic drugs or their pecuniary and other gains from such criminal
activities, shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten
years.
Any anti-narcotic drugs personnel or other state functionary who
screens or shields offenders engaged in smuggling, trafficking in,
transporting or manufacturing narcotic drugs shall be given a heavier
punishment according to the provisions in the preceding
paragraph.
Conspirators to a crime mentioned in the preceding two
paragraphs shall be punished as for a joint crime of smuggling,
trafficking in, transporting or manufacturing of narcotic drugs.
Article 350 Whoever, in violation of the state's stipulations, illegally
transports or carries acetic oxide, ether, chloroform or other
substances that are usually used as materials or burden in the
manufacture of narcotic drugs into or out of China, or whoever, in
violation of the state's stipulations, illegally traffics in such
substances in China, shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance,
and concurrently be sentenced to a fine; if the quantities are huge, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced
to a fine.
Whoever provides other persons with substances mentioned in
the preceding paragraph, while knowing that those persons manufacture
narcotic drugs, shall be deemed as an accomplice in the crime of
manufacturing narcotic drugs and punished as such.
If a unit commits a crime mentioned in the preceding two paragraphs, the unit shall be
sentenced to a fine, and the persons directly in charge and other
persons directly responsible for the crime shall be punished according
to the provisions in the preceding two paragraphs.
Article 351 Whoever illegally cultivates mother plants of narcotic drugs, such as opium
poppy and marijuana, shall be forced to uproot them. Whoever commits any
of the following acts shall be sentenced to fixed-term imprisonment of
not more than five years, criminal detention or public surveillance, and
concurrently be sentenced to a fine: (1) cultivating opium poppy of not
less than 500 plants but not more than 3,000 plants or any mother plants
of other narcotic drugs in relatively large quantities; (2) cultivating
any mother plant of narcotic drugs again after being dealt with by the
public security organ; or (3) resisting the uprooting of such mother
plants.
Whoever illegally cultivates opium poppy of not less than 3,000
plants or any mother plants of other narcotic drugs in large quantities
shall be sentenced to fixed-term imprisonment of not less than five
years, and concurrently be sentenced to a fine or confiscation of
property.
Persons illegally cultivating opium poppy or any mother plants
of other narcotic drugs who voluntarily uproot them before harvest may
be exempted from punishment.
Article 352 Whoever illegally traffics in,
transports, carries or holds seeds or seedlings of mother plants of
opium poppy or other narcotic drugs which have not been destroyed to
death shall, if the quantities are relatively huge, be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance, and concurrently or independently be sentenced
to a fine.
Article 353 Whoever lures, aids and abets, or cheats others
into drug ingestion or injection shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine; if the
circumstance are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years,
and concurrently be sentenced to a fine.
Whoever forces others to ingest
or inject narcotic drugs shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years and
concurrently be sentenced to a fine.
Whoever lures, aids and abets,
cheats or forces minors into ingesting or injecting narcotic drugs shall
be given a heavier punishment.
Article 354 Whoever provides shelter for
others to ingest or inject narcotic drugs shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance, and concurrently be sentenced to a fine.
Article 355 Persons who are allowed by law to engage in manufacture,
transportation, administration or utilization of state-controlled
narcotics and psychotropic substances and who, in violation of relevant
regulations of the state, provide such substances which may lead to
people's addiction to persons who ingest or inject narcotic drugs shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years,
and concurrently be sentenced to a fine. Persons who provide such
substances which may lead to people's addiction to drug smugglers or
traffickers, or, for the purpose of profit, to persons who ingest or
inject narcotic drugs shall be decided a crime and punished according to
the provisions of Article 347 of this Law.
If a unit commits any crime
mentioned in the preceding paragraph, the unit shall be sentenced to a
fine, and the persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions
of the preceding paragraph.
Article 356 Whoever has ever been sentenced
for crimes of smuggling, trafficking in, transporting, manufacturing or
possessing illegally narcotic drugs, and also commits a crime mentioned
in this Section, shall be given a heavier punishment.
Article 357 "Narcotic drugs" mentioned in this Law refers to opium, heroin, methyl
benzedrine, morphine, marijuana, cocaine and other narcotics and
psychotropic substances that are liable to make people addicted to their
use and that are controlled by relevant regulations of the state.
The amount of narcotic drugs shall be computed according to the amount of
smuggled, trafficked in, transported, manufactured or illegally held
narcotic drugs which are verified, and not be decided according to their
degree of purity.
Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and
Introducing Women into Prostitution
Article 358 Whoever organizes or forces any other person or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less
than five years and not more than ten years, and concurrently be
sentenced to a fine. Whoever commits any of the following acts shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or confiscation of
property: (1) organizing other person(s) to engage in prostitution and
the circumstances being serious; (2) forcing a girl under the age of 14
to engage in prostitution; (3) forcing many persons to engage in
prostitution or forcing any other person to engage in prostitution for
many times; (4) forcing the victim to engage in prostitution after
raping her; or (5) causing serious bodily injury or death to the person
being forced to engage in prostitution or causing other severe
consequences.
Whoever commits any of the acts mentioned in the preceding
paragraph, if the circumstances are especially serious, shall be
sentenced to life imprisonment or death, and concurrently be sentenced
to confiscation of property.
Whoever assists in organizing another person
to engage in prostitution shall be sentenced to fixed-term imprisonment
of not more than five years and concurrently be sentenced to a fine; if
the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine.
Article 359 Whoever lures, shelters or procures any other person or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not more
than five years, criminal detention or public surveillance, and
concurrently be sentenced to a fine; if the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than five years and concurrently be sentenced to a fine.
Whoever lures a girl under the age of 14 to engage in prostitution shall be sentenced to
fixed-term imprisonment of not less than five years and concurrently be
sentenced to a fine.
Article 360 Whoever suffering from serious venereal
diseases such as syphilis and gonorrhoea knowingly engages in
prostitution or whoring shall be sentenced to fixed-term imprisonment of
not more than five years, criminal detention or public surveillance, and
concurrently be sentenced to a fine.
Whoever whores with a girl under the age of 14 shall be sentenced to
fixed-term imprisonment of not less than
five years and concurrently be sentenced to a fine.
Article 361 Any personnel of a unit in the trade of hotel, catering or entertainment, or
in taxi service, who, by taking advantage of his work unit, organizes,
forces, lures, shelters or procures any other person or persons to
engage in prostitution, shall be decided a crime and punished according
to the provisions of Article 358 or Article 359 of this Law.
If the persons in charge of the unit mentioned in the preceding paragraph
commit crimes mentioned in the preceding paragraph, they shall be given
a heavier punishment.
Article 362 Where any leading personnel, staff
member or worker of a unit in the trade of hotel, catering or
entertainment, or in taxi service provides information for law-breaking
offenders and criminals when the public security organ investigates or
deals with activities of prostitution or whoring, he shall, if the
circumstances are serious, be decided a crime and punished according to
the provisions of Article 310 of this Law.
Section 9 Crimes of Manufacturing, Trafficking in and Disseminating Pornographic Articles
Article 363 Whoever produces, duplicates, publishes, trafficking in or
disseminates pornographic articles for the purpose of making profits
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and concurrently be
sentenced to a fine; if the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be sentenced to a
fine; if the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or confiscation of
property.
Whoever provides book numbers for others to publish
pornographic books and periodicals shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine.
If anyone provides others with book numbers which he clearly knows to be
used to publish pornographic books and periodicals, he shall be punished
according to the provisions in the preceding paragraph. Article 364
Whoever disseminates in society pornographic books and periodicals,
movies, video- and audio-tapes, pictures or any other pornographic
articles shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than two years, criminal detention
or public surveillance.
Whoever organizes shows of pornographic films or
videos or other video- or audio-tapes shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years,
and concurrently be sentenced to a fine.
Whoever manufactures or duplicates pornographic films or videos or
other video- or audio-tapes and organizes shows of them shall be given a heavier punishment
according to the provisions in the second paragraph.
Whoever disseminates pornographic articles to minors under the age
of 18 shall be given a heavier punishment.
Article 365 Whoever organizes a pornographic performance shall be sentenced
to fixed-term imprisonment of not more than three years, criminal detention or
public surveillance, and concurrently be sentenced to a fine; if the circumstances
are serious, the offender shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and concurrently be
sentenced to a fine.
Article 366 If a unit commits any crime mentioned in Article 363, Article 364
and Article 365 of this Section, the unit shall be sentenced to a fine,
and persons directly in charge and other persons directly responsible for the
crime shall be punished according to respective provisions of these articles.
Article 367 "Pornographic articles" mentioned in this Law refers to sex-propagating books or
periodicals, films, video- or audio-tapes, pictures or other
pornographic articles which concretely describe sexual acts or
undisguisedly publicize sex.
Scientific works concerning physiology of human body or medical knowledge
shall not be pornographic articles.
Literary or artistic works of artistic value which contain contents of sex shall no
been deemed as pornographic articles.
Chapter VII Crimes of Endangering Interests of National Defence
Article 368 Whoever hinders, by means of violence or threat, servicemen from
carrying out their duties according to law shall be sentenced to
fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or a fine.
Whoever intentionally hinders the armed forces from taking an military act shall,
if serious consequences have resulted, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.
Article 369 Whoever damages weapons or equipment, military installations or military communications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever
damages important weapons or equipment, military installations or
military communications shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment or
death.
Whoever commits an unpremeditated crime as preceding paragraph and causes serious consequence shall be sentenced to less than three year's imprisonment or detention, if an extremely serious consequence is caused, more than three year's or less than seven year's imprisonment shall be sentenced.
Any person who commits such a crime during wartime shall be given
a heavier punishment.
Article 370 Whoever provides knowingly the armed
forces with substandard weapons or equipment, or military installations
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years; if the circumstances are
especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment of
death.
Whoever negligently commits the crime mentioned in the preceding
paragraph shall, if serious consequences have resulted, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
If a unit commits the crime mentioned in the first paragraph, the unit
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the provisions in the first
paragraph.
Article 371 Where an assembled crowd assaults a military
forbidden region, and disturbs seriously order of the military forbidden
region, the ringleaders shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years; other active
participants shall be sentenced to fixed-term imprisonment of not more
than five years, criminal detention, public surveillance or deprivation
of political rights.
Where an assembled crowd disturbs order of a
military administrative region, and the circumstances are so serious
that the work of the military administrative region can not been done
and great losses are caused, the ringleaders shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years; other active participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.
Article 372 Whoever passes himself off as a serviceman in order to practise fraud shall be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political
rights; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years.
Article 373 Whoever incites a serviceman to
flee from the armed forces or employs knowingly the serviceman who fled
from the armed forces shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.
Article 374 Whoever, in the work of conscription, engages in malpractice
for the benefit of his friends and accepts or sends out substandard soldiers shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If especially serious
consequences are caused, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
Article 375 Whoever forges, alters, buys or sells, steals or forcibly
seizes the official documents, certificates or seals of the armed forces
shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or deprivation of
political rights. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Whoever illegally produces or traffics in uniforms, number plates of vehicles
and other signs for special use of the armed forces shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently or independently be
sentenced to a fine.
If a unit commits a crime mentioned in the second
paragraph, the unit shall be sentenced to a fine, and persons directly
in charge and other persons directly responsible for the crime shall be
punished according to the provisions of the paragraph.
Article 376 Whoever from the persons on reserve duty refuses or escapes from
recruitment or training during wartime shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
Any citizen who refuses to be on active service or escapes from being
on active service shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than two years or criminal detention.
Article 377 Whoever, during wartime, intentionally provides false enemy's conditions shall,
if serious consequences are caused, be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
If especially serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment.
Article 378 Whoever, during wartime, fabricates rumours to
mislead others and undermines army morale shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention
or public surveillance. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
Article 379 Whoever, during wartime, provides shelters or property for the
servicemen who fled from the army while knowing that shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than three years
or criminal detention.
Article 380 Where any unit, during wartime, refuses or
intentionally delays military orders of goods, and if the circumstances
are serious, the unit involved shall be sentenced to a fine, and persons
directly in charge and other persons directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If serious consequences are caused, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years. Article 381 Whoever, during wartime, refuses military
commandeering shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
Chapter VIII Crimes of Embezzlement and Bribery
Article 382 Any state functionary who, by taking advantage of his office,
appropriates, steals, swindles, or otherwise illegally takes possession
of public property shall be guilty of a crime of embezzlement.
Whoever from the persons who are appointed, by state organs, state-owned
companies, enterprises, institutions or people's organizations, to
administer or manage state-owned property takes advantage of his office
to appropriate, steal, swindle, or otherwise illegally take possession
of state-owned property shall be punished as a crime of embezzlement.
Whoever conspires with the persons listed in the preceding
two paragraphs to engage in embezzlement shall be punished as an
accomplice in the crime.
Article 383 Whoever commits the crime of embezzlement shall, in accordance
with the seriousness of the circumstances, be respectively punished according to the following
provisions: (1) An individual who embezzles not less than 100,000 yuan
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and may concurrently be sentenced to confiscation
of property. If the circumstances are especially serious, the offender
shall be sentenced to death, and concurrently be sentenced to
confiscation of property. (2) An individual who embezzles not less than
50,000 yuan and not more than 100,000 yuan shall be sentenced to
fixed-term imprisonment of not less than five years, and may
concurrently be sentenced to confiscation of property. If the
circumstances are especially serious, the offender shall be sentenced to
life imprisonment, and concurrently be sentenced to confiscation of
property. (3) An individual who embezzles not less than 5,000 yuan and
not more than 50,000 yuan shall be sentenced to fixed-term imprisonment
of not less than one year and not more than seven years. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than seven years and not more than ten years.
An individual who embezzles not less than 5,000 yuan and not more than
10,000 yuan, and after committing the crime, shows signs of repentance
and gives up the embezzled money of his own accord may be given a
mitigated punishment or be exempted from criminal punishment, but shall
be given a disciplinary sanction by his unit or competent authorities at
higher level. (4) An individual who embezzles not more than 5,000 yuan
shall, if the circumstances are relatively serious, be sentenced to
fixed-term imprisonment of not more than two years or criminal
detention. If the circumstances are relatively minor, the offender shall
be given a disciplinary sanction according to the circumstances by his
unit or competent authorities at higher level.
Whoever repeatedly commits crimes of embezzlement and goes
unpunished shall be punished according
to the accumulated amount of money he has embezzled.
Article 384 Any state functionary who takes advantage of his office to misappropriate
public funds for his own use or for conducting illegal activities, or
misappropriate a relatively large amount of public funds for conducting
activities to reap profits, or misappropriate a relatively large amount
of public funds and fail to return it after three months, shall be
guilty of a crime of misappropriation of public funds, and shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than five years. If
he misappropriates a large amount of public funds and fails to return
it, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment.
Whoever misappropriates for his own use funds and materials allocated for
disaster relief, emergency rescue, flood prevention and control, the care of
disabled servicemen and the families of revolutionary martyrs and servicemen,
the care of the poor, resettlement of residents or social relief shall be given a
heavier punishment.
Article 385 Any state functionary who, by taking
advantage of his office, asks for other persons' property, or illegally
accepts other persons' property and secures advantages for them, shall
be guilty of a crime of acceptance of bribes.
Any state functionary who, in his economic activities, in violation of state's stipulations,
accepts commissions and service charges offered in various names for
their own possession shall be punished for acceptance of bribes.
Article 386 Whoever commits a crime of acceptance of bribes shall, in accordance
with the amount of bribes and the seriousness of the circumstances, be
punished according to the provisions of Article 383 of this Law. Whoever
extorts bribery shall be given a heavier punishment.
Article 387 Where any state organ, state-owned company or enterprise,
institution or people's organization extorts or accepts illegally property
from another person and seeks profits for the person, and if the circumstances
are serious, the unit shall be sentenced to a fine, and the persons directly
in charge and other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
Any unit listed in the preceding paragraph which, in its economic activities,
accepts secretly rebates or commissions in various names without entering into
its account shall be deemed as acceptance of bribes, and punished according to
the provisions of the preceding paragraph.
Article 388 Any state functionary who, by taking
advantage of his favourable conditions of his office or status, seeks
unlawful profits for the entruster through the acts of office of another
state functionary, and extorts or accepts the entruster's property shall
be deemed as acceptance of bribes and punished as such.
Article 389 Whoever, for the purpose of seeking unlawful profits, gives property to
a state functionary shall be guilty of bribing.
Whoever, in economic activities, violating the state's stipulations, gives property of a
large quantity or value to a state functionary or gives, in violation of
the state's stipulations, commissions and service charges to a state
functionary shall be punished for the crime of bribing.
Whoever being extorted gives property to a state functionary and gains no unlawful
profits shall not be deemed to have bribed.
Article 390 Whoever commits the crime of bribing shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. Whoever seeks unlawful
interests by bribing shall, if the circumstances are serious or heavy
losses of the state's interests have been caused, be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and may concurrently be sentenced to confiscation
of property.
Those bribers who voluntarily confess their bribery before
being prosecuted may be given a mitigated punishment or be exempted from
punishment.
Article 391 Whoever, for the purpose of seeking unlawful
profits, gives property to a state organ, state-owned company or
enterprise, an institution or a people's organization, or, in economic
activities, violating the state's stipulations, gives commissions and
service charges offered in various names shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention.
If a unit commits a crime mentioned in the preceding
paragraph, the unit shall be sentenced to a fine, and persons directly
in charge and other persons directly responsible for the crime shall be
punished according to the provisions of the preceding paragraph.
Article 392 Whoever introduces a bribe to a state functionary shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention.
The person who introduces a bribe shall, if he voluntarily confesses his activities
before being prosecuted, be given a mitigated punishment or exempted
from punishment.
Article 393 If a unit, for the purpose of improper
interests, offers a bribe or offers, in violation of the state's
stipulations, commissions and service charges to a state functionary,
and if the circumstances are serious, the unit shall be sentenced to a
fine, and persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention. If illegal gains are
obtained by bribing and such gains are taken possession of by a person,
the offender shall be decided a crime and punished according to the
provisions of Article 389 or Article 390 of this Law.
Article 394 Any state functionary who, in the domestic activities for public purpose or
in their contact with foreigners, accepts gifts and does not hand them
over to the state, if he is required to do so in accordance with the
state's stipulations shall, if the amount involved is relatively huge,
be decided a crime and punished according to the provisions of Article
382 or Article 383 of this Law.
Article 395 Any state functionary whose
property or expenditure apparently exceeds his lawful earnings may, if
the difference is huge, be ordered to explain the sources of his
property. If he can not explain the lawful sources of his property, the
amount of property that exceeds his lawful earnings shall be treated as
illegal gains, and he shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, the property that
exceeds his lawful earnings shall be taken over.
Any state functionary shall report to the state their bank savings in other countries
according to the state's stipulations. Whoever has a relatively large
amount of such savings and does not report them to the state shall be
sentenced to fixed-term imprisonment of not more than two years or
criminal detention. If the circumstances are relatively minor, the
offender shall be given a disciplinary sanction according to the
circumstances by his unit or competent authorities at higher level.
Article 396 If a state organ, state-owned company or enterprise,
institution or people's organization, in violation of the state's
stipulations, distributes state-owned property collectively to
individuals in the name of the unit, persons directly in charge and
other persons directly responsible for the crime shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and concurrently or
independently be sentenced to a fine. If the amount involved is huge,
the offender shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years, and concurrently be
sentenced to a fine.
Any judicial organ or administrative organ who, in
violation of the state's stipulations, distributes collectively the
confiscated property which shall be turned over to the state to
individuals in the name of unit shall be punished according to the
provisions of the preceding paragraph.
Chapter IX Crimes of Dereliction of Duty
Article 397 Any state functionary who abuses his power of office
or neglects his duties and causes heavy losses to public property or
interests of the state or the people shall be sentenced to
fixed-imprisonment of not more than three years or criminal detention.
If the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years. Where this Law has other provisions, such
provisions shall prevail.
Any state functionary who engages in malpractice for the benefit of his friends
and commits a crime mentioned in the preceding paragraph shall be sentenced
to fixed-term imprisonment of not more than five years or criminal detention.
If the circumstances are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years.
Where this Law has other provisions, such provisions shall prevail.
Article 398 Any state functionary who, in violation of the provisions of
the Law on Guarding State Secrets, indulges state secrets intentionally
or negligently shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
Any person other than a state functionary who commits a crime mentioned in
the preceding paragraph shall be punished in accordance with the circumstances
according to the provisions of the preceding paragraph.
Article 399 Any judicial functionary who bends the law for the benefits of his own or bends the
law for the benefits of his relatives or friends, and subjects to
prosecution a person he clearly knows to be innocent and intentionally
protects from prosecution a person he clearly knows to be guilty, or in
the course of criminal trial, intentionally twists the law and makes
judgments or orders which are contrary to the fact and law, shall be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years. If the circumstances are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less
than ten years.
Whoever, in the course of civil or administrative trial,
intentionally twists the law and makes judgments or orders which are
contrary to the fact and law shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years.
Any judicial functionary who accepts a bribe and twists the law, and
commits an act mentioned in the preceding two paragraphs shall, if
his act concurrently constitutes a crime mentioned in Article 385 of this Law,
be decided a crime and punished according to the provisions with a heavier punishment.
Article 400 Any judicial functionary who releases without authorization a
suspect for a crime, defendant or criminal in custody shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years.
Any judicial functionary who, because of serious
negligence of his duties, causes a suspect for a crime, defendant or
criminal in custody to escape shall, if serious consequences are caused,
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention. If especially serious consequences are caused, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
Article 401 Any judicial functionary who engages in malpractice for the benefit of his friends,
makes a decision of commutation of punishment, parole or temporarily
serving his term outside prison to a criminal not conforming to the
conditions of commutation of punishment, parole or temporarily serving
his term outside prison shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If the circumstances
are serious, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years.
Article 402
Any administrative law enforcement official who fails to remit a person
who shall be investigated for criminal responsibility to a judicial
organ shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
If serious consequences are caused, the offender shall be
sentenced to not less than three years and not more than seven years.
Article 403 Any state functionary of relevant competent departments who
engages in malpractice for his friends and abuses his power of office,
makes an approval or registration of application for a company's
establishment and registration or for issuing or marketing stocks or
bonds which do not conform to the conditions stipulated in law shall, if
the offence causes public property or interests of the state or the
people to suffer heavy losses, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention.
If an authorities at higher level forces the registration organ or its functionary to commit
an act mentioned in the preceding paragraph, persons directly in charge
shall be punished according to the provisions of the preceding
paragraph.
Article 404 Any functionary of the tax authorities who engages in malpractice
for his friends and does not collect or partly
collects the tax payable shall, if the offence causes the state's tax
incomes to suffer heavy losses, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention. If the offence causes
especially serious losses, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
Article 405 Any functionary of the tax authorities who, in violation of the stipulations of laws or
administrative regulations, engages in malpractice for his friends when
doing work concerning selling invoices, offsetting the amount of tax
payable or refunding the tax for export shall, if the offence causes the
interests of the state to suffer heavy losses, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention. If the offence causes the interests of the state to suffer
especially heavy losses, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
Any other state functionary
who, in violation of the state's stipulations, engages in malpractice
for his friends when providing declarations for export goods to the
Customs, documents for verification and cancellation of foreign exchange
income of export goods or other vouchers for use of tax refund for
export shall, if the offence causes the interests of the state to suffer
heavy losses, be punished according to the provisions of the preceding
paragraph.
Article 406 Any state functionary who, in the course of
signing or fulfilling contracts, is defrauded because of serious
negligence of his duties shall, if the offence causes the interests of
the state to suffer heavy losses, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
offence causes the interests of the state to suffer especially heavy
losses, the offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.
Article 407 Any state functionary of the forestry departments who, in violation of the
provisions of the Forestry Law, issues forestry trees cutting licences
in excess of the approved annual cutting quotas or by overstepping
authority shall, if the circumstances are serious and the offence causes
the forest to suffer heavy damage, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Article 408 Any state functionary in charge of supervision and control on
environment protection who neglects his duties so seriously that a great
environmental pollution accident happens and causes heavy losses to
public or private property or another person's bodily injury or death or
other serious consequences shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
Article 409 Any person engaged in the prevention or treatment related to infectious
diseases from the government's public health departments who neglects
his duties so seriously that he causes the spread or epidemic of an
infectious disease shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention.
Article 410 Any state functionary who engages in malpractice
for his friends, in violation of laws or regulations on land
administration, abuses his powers, illegally approves an act of
requisitioning or occupying land, or illegally assigns rights for use of
state-owned land at a lower price shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than three
years or criminal detention. If the offence causes interests of the
state or collective to suffer especially heavy losses, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
Article 411 Any Customs functionary who engages in malpractice for his friends
and connives at another person's smuggling shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than five years or criminal
detention. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than five
years.
Article 412 Any functionary of state commodity inspection
departments or institutions who engages in malpractice for his friends
and fabricates inspection conclusions shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. If the
offence causes serious consequences, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years.
Any person listed in the preceding paragraph who neglects his
duties so seriously that he does not inspect the commodity that shall be
inspected or he delays providing certificates or provides wrong
certificates shall, if the offence causes the interests of the state to
suffer heavy losses, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
Article 413 Where a quarantine functionary of an animal and plant quarantine
organ engages in malpractice for his friends and fabricates a quarantine result, he shall
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If the offence causes serious consequences, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years.
Any person listed in the preceding paragraph who neglects his duties so seriously
that he does not quarantine the quarantine objects that shall be quarantined, or he
delays providing quarantine certificates or provides wrong certificates
shall, if the offence causes the interests of the state to suffer heavy
losses, be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
Article 414 Any state functionary in charge of investigation of the crimes
of production or sale of fake or substandard products who engages in malpractice
for his friends and does not perform the investigation duties stipulated by law shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.
Article 415 Any state functionary in charge of issuing passports, visas or other certificates
for the use of exit or entry who issues a exit and entry certificate to
the person clearly known to attempt to secretly cross the national
boundary (borderline), or any state functionary of the frontier defence
or Customs organs who permits another person clearly known to secretly
cross the national boundary (borderline) to go shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
Article 416 Any state functionary in charge
of rescuing a woman or child abducted and trafficked in or kidnapped who
fails to make any rescue effort on receiving a request for rescue by a
woman or child who is abducted and trafficked in or kidnapped or by his
or her family members or on receiving a report thereon made by any other
person shall, if serious consequences are caused, be sentenced to
fixed-term imprisonment of not more than five years or criminal
detention.
If any state functionary in charge of rescue takes advantage
of his office to hinder the rescue, he shall be sentenced to fixed-term
imprisonment of not less than two years and not more than seven years.
If the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than two years or
criminal detention.
Article 417 Any state functionary in charge of
investigating and forbidding criminal activities who divulges secret
information or provides with convenience to the criminals, and helps the
criminals to escape from being punished shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
Article 418 Any state functionary who, in the course of recruiting
public servants or students, engages in malpractice for his friends
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Article 419 Any state functionary who seriously neglects his duties and causes
damage or losses of rare and precious cultural relics shall, if serious
consequences are caused, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Chapter X Crimes Contrary to Duties Committed by servicemen
Article 420 Any act of a serviceman that contravenes his duties and endangers
the state's military interests and is punishable with criminal penalties by law constitutes
a crime in contravention of a serviceman's duties.
Article 421 Any serviceman who disobeys orders during wartime, thereby
jeopardizing the military operations, shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If the offence causes
serious losses to a battle or campaign, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years, life imprisonment
or death.
Article 422 Any serviceman who intentionally conceals or makes
a false report about the military situation or refuses to communicate or
communicates a false military order, thereby jeopardizing the military
operations, shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If the offence causes
serious losses to a battle or campaign, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years, life imprisonment
or death.
Article 423 Any serviceman who, in fear of death on
battlefield, voluntarily lays his arms and surrenders to the enemy shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than ten years. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment.
Any serviceman who, after surrendering to the
enemy, works for enemy shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death. Article 424 Any
serviceman who deserts from his unit before a battle shall be sentenced
to fixed-term imprisonment of not more than three years. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
If the offence causes serious losses to a battle or campaign, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death.
Article 425 Any person in command or on duty who leaves his post or
neglects his duties, thereby causing serious consequences, shall be sentenced
to fixed-term imprisonment of not more than three years or criminal detention.
If especially serious consequences are caused, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
Any person who, during wartime, commits a crime mentioned in the
preceding paragraph shall be sentenced to fixed-term imprisonment of not
less than five years.
Article 426 Any person who, by force or threat,
hinders commanding personnel or personnel on duty from performing their
duties shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years. If the offence causes serious injury or death to another
person or other especially serious circumstances exist, the offender
shall be sentenced to life imprisonment or death. The punishment of such
crimes during wartime shall be heavier than in time of peace.
Article 427 Any serviceman who abuses his power of office and incites a
subordinate to commit an act in contravention of his duties shall, if
serious consequences are caused, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention. If the circumstances
are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years.
Article 428 Any person in command who disobeys orders, flinches from the
battlefield and fights inactively shall, if serious consequences are
caused, be sentenced to fixed-term imprisonment of not more than five
years. If the offence causes serious losses to a battle or campaign or
other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five years.
Article 429 Any commanding person of an army who, while clearly knowing
that neighbouring friendly forces are in dangerous and urgent situation,
has ability to rescue the force but does not to do so, and causes
serious losses to the neighbouring friendly forces, shall be sentenced
to fixed-term imprisonment of not more than five years. Article 430 Any
serviceman who leaves his posts without authorization in the course of
performing his public office, turns traitor and flees from China or
turns traitor and flees outside China, and endangers the state's
military interests, shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of
not less than five years.
Any serviceman who drives an aircraft or
warship to turn traitor and flee or with other especially serious
circumstances shall be sentenced to fixed-term imprisonment of not less
than ten years, life imprisonment or death.
Article 431 Whoever, by means of stealing, prying or buying, illegally obtains military secrets
shall be sentenced to fixed-term imprisonment of not more than five
years. If the circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and not more than
ten years. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten
years.
Whoever steals, pries, buys or illegally provides military secrets
for a agency, organization or person outside China shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment or
death.
Article 432 Whoever, in violation of laws or administrative
regulations on protection of the state secrets, intentionally or
negligently divulges military secrets shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years.
Whoever, during wartime, commits a crime mentioned in the preceding paragraph shall be
sentenced to fixed-term imprisonment of not less than five years and not
more than ten years. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment.
Article 433 Whoever, during wartime, fabricates rumours to mislead others and
undermines army morale shall be sentenced to fixed-term imprisonment of not
more than three years. If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years.
Whoever colludes with the enemy and fabricates rumours to
mislead others and undermines army morale shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment.
If the circumstances are especially serious, the offender may be
sentenced to death.
Article 434 Whoever, during wartime, inflicts bodily
injury on himself, thus disqualifying himself from fulfilling his
military obligation shall be sentenced to fixed-term imprisonment of not
more than three years. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
Article 435 Whoever, in violation of laws or administrative regulations on military service,
flees from army shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Whoever, during wartime, commits a crime mentioned in the preceding paragraph
shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
Article 436 Whoever violates the provisions for use of weapons and equipment,
if the circumstances are serious, thus a liability accident leading to severe injury or death of
another person or other serious consequences is caused, shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention. If the consequences are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
Article 437 Whoever violates the provisions for control of weapons and equipment
and changes without authorization the arrangement and purpose of weapons shall,
if serious consequences are caused, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If especially serious
consequences are caused, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
Article 438 Whoever steals or seizes forcibly weapons and equipment or
military goods and materials shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years. If
the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death.
Whoever steals or seizes forcibly guns, ammunitions or explosives shall be punished
according to the provisions of Article 127 of this Law.
Article 439 Whoever illegally sells or transfers weapons and equipment of the
army shall be sentenced to fixed-term imprisonment of not less than three years
and not more than ten years. Where large quantities of weapons and equipment are sold or
transferred or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death.
Article 440 Any serviceman who disobeys orders and abandons weapons
and equipment shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If important or large quantities of weapons and equipment are
abandoned or other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five years.
Article 441 Any serviceman who loses weapons and equipment and does not
report in time to a higher commander or has other serious circumstances
shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
Article 442 Where anyone, in violation of the stipulations and without authorization,
sells or transfers real estate of the army and if the circumstances are serious, persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years.
Article 443 Any serviceman who abuses his power of office and
maltreats a subordinate shall, if the circumstances are so flagrant as
to have resulted in serious bodily injury of another person or other
serious consequences, be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. If the offence causes death
of another person, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
Article 444 Any person directly responsible for the deliberate abandonment of the wounded or
sick on the battlefield shall, if the circumstances are flagrant, be
sentenced to fixed-term imprisonment of not more than five years.
Article 445 Any person at post of rescue and cure who, during wartime,
refuses to rescue or cure the fatal wounded or sick servicemen while
having such conditions shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If the offence causes
severe disability or death of the wounded or sick servicemen or other
serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than
ten years.
Article 446 Any serviceman who, during wartime, mistreats innocent residents
or plunders property from innocent residents in areas
of military operations shall be sentenced to fixed-term imprisonment of
not more than five years. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death.
Article 447 Whoever releases without authorization a prisoner of war shall be sentenced to
fixed-term imprisonment of not more than five years. Whoever releases
without authorization an important prisoner of war or releases without
authorization several prisoners of war or with other serious
circumstances, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
Article 448 Any serviceman who
maltreats prisoners of war shall, if the circumstances are flagrant, be
sentenced to fixed-term imprisonment of not more than three years.
Article 449 Any serviceman who, during wartime, commits a crime and is
sentenced to fixed-term imprisonment of not more than three years with a
reprieve pronounced may, in consideration of the absence of actual
danger from him, be allowed to atone for his crime by performing
meritorious deeds. Should he truly perform meritorious deeds, the
original sentence may be rescinded, and he shall not be punished as a
criminal.
Article 450 This Chapter are applicable to the officers,
nonmilitary cadres, soldiers on active duties and the students with
military status of the Chinese People's Liberation Army, and the
officers, nonmilitary cadres, soldiers on active duties and the students
with military status of the Chinese People's Armed Police Forces, and
the persons on reserve service and other persons who perform military
tasks.
Article 451 "During wartime" mentioned in this Chapter refers to
the time in which the state announces a state of war, the army receives
tasks of battle or suffers a sudden attack. The time when the army
enforces tasks of martial law or disposes emergent violent incidents
shall be regarded as wartime.
Supplementary Provisions
Article 452 This Law shall enter into force as of October 1, 1997.
Regulations, supplementary provisions and decisions enacted by the Standing Committee
of the National People's Congress listed in Attachment I of this Law
have been brought into this Law or shall not apply, and shall be
abolished as of the date of effectiveness of this Law.
Supplementary provisions and decisions enacted by the Standing Committee of the
National People's Congress listed in Attachment II of this Law shall be
reserved, and the provisions involving administrative penalty and
administrative measures shall continue in effect; the provisions
involving criminal responsibility have been brought into this Law, and
such provisions in this Law shall apply as of the date of effectiveness
of this Law.
Attachment I
The following regulations, supplementary
provisions and decisions enacted by the Standing Committee of the
National People's Congress have been brought into this Law or shall not
apply, and shall be abolished as of the date of effectiveness of this
Law: 1. Interim Regulations of the People's Republic of China on
Punishment of Servicemen Who Commit Crimes Contrary to Their Duties 2.
Decision Regarding the Severe Punishment of Criminals Who Seriously
Sabotage the Economy 3. Decision Regarding the Severe Punishment of
Criminals Who seriously Endanger public security 4. Supplementary
Provisions Concerning the Punishment of the Crimes of Smuggling 5.
Supplementary Provisions Concerning the Punishment of the Crimes of
Embezzlement and Bribery 6. Supplementary Provisions Concerning the
Punishment of the Crimes of Divulging State Secrets 7. Supplementary
Provisions Concerning the Punishment of the Crimes of Catching or
Killing Precious and Endangered Species of Wildlife under Special State
Protection 8. Decision Regarding the Punishment of Crimes of Desecrating
the National Flag and the National Emblem of the People's Republic of
China 9. Supplementary Provisions Concerning the Punishment of the
Crimes of Excavating and Robbing Sites of Ancient Culture or Ancient
Tombs 10. Decision Regarding the Punishment of the Criminals Engaged in
Aircraft Hijacking 11. Supplementary Provisions Concerning the
Punishment of the Crimes of Counterfeiting Registered Trademarks 12.
Decision Regarding the Punishment of the Crimes of Production and Sale
of Fake or Substandard Commodities 13. Decision Regarding the Punishment
of the Crimes of Infringing Copyright 14. Decision Regarding the
Punishment of the Crimes of Violating Company Law 15. Decision Regarding
the Handling of Criminals Undergoing Reform Through Labour and Persons
Undergoing Rehabilitation Through Labour Who Escape or Commit New Crimes
Attachment II
The following supplementary provisions and decisions
enacted by the Standing Committee of the National People's Congress
shall be reserved, and the provisions involving administrative penalty
and administrative measures shall continue in effect; the provisions
involving criminal responsibility have been brought into this Law, and
such provisions in this Law shall apply as of the date of effectiveness
of this Law: 1. Decision Regarding the Prohibition against Narcotic
Drugs 2. Decision Regarding the punishment of Criminals Who Smuggle,
Produce, Sell or Disseminate Pornographic Articles 3. Decision Regarding
the Severe Punishment of Criminals Who Abduct and Traffic In or Kidnap
Women or Children 4. Decision Regarding the Strict Prohibition against
Prostitution and Whoring 5. Supplementary Provisions Concerning the
Imposition of Punishment in Respect of Offence of Tax Evasion and
Refusal to Pay Tax 6. Supplementary Provisions Concerning the Severe
Punishment of the Crimes of Organizing and Transporting Another Person
to Secretly Cross the National Boundary (Borderline) 7. Decision
Regarding the Punishment of the Crimes of Undermining Financial Order 8.
Decision Regarding the Punishment of the Crimes of Falsification,
Counterfeiting and Illegal Sale of Value-added Tax Invoices
Promulgated by The National People's Congress on 1997-3-14
Amendment of the Criminal Law of the People's Republic of China (III)
(2001-12-29)
Amendment of the Criminal Law of the People's Republic of China (V)
( 2005-02-28 )
Amendments to the Criminal Law of the People's Republic of China (VI) (Adopted at the 22nd meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2006)
I. Article 134 of the Criminal Law is amended to as: "Anyone who violates the provisions on the safety management in production or operations and thus leading to any serious accidents of death and injury or any other serious consequences, shall be sentenced to not more than three years of fix-term imprisonment or criminal detention. If the circumstances are particularly serious, he shall be sentenced to fix-term imprisonment of not less than 3 years but not more than 7 years. "In case anyone forces any other person to take a risk of working in violation of the related regulations so that any serious accidents of death and injury or any other serious consequence is caused, he shall be sentenced to not more than five years of fix-term imprisonment or criminal detention. If the circumstances are particularly serious, he shall be sentenced to five years or more of fix-term imprisonment."
II. Article 135 of the Criminal Law is amended to as: "In case the facilities or conditions for safe work fail to meet the related provisions of the state and lead to any serious accidents of death and injury or any other serious consequences, the directly liable persons-in-charge and other directly liable persons shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention. If the circumstances are particularly serious, he shall be sentenced to three years to seven years of fix-term imprisonment."
III. There is an article added to the end of Article 135 as Article 135 (I): "In case any of the provisions on safety management is in violation of holding large-scale mass activities and any serious casualty or any other serious consequence is caused accordingly, the directly liable persons-in-charge and other directly liable persons shall be sentenced to not more than three years of fixed-term imprisonment of or criminal detention. If the circumstances are particularly serious, they shall be sentenced to three years to seven years of fixed-term imprisonment."
IV. There is an article added to the end of Article 139 as Article 139 (I): "After any safety accident happens, if the person responsible for reporting it fails to report it or provides false report of the situation so that the rescue of the accident is bungled and if the circumstances are serious, he shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention. If the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than seven years in prison."
V. Article 161 of the Criminal Law is amended to as: "If any company or enterprises, which has the responsibility of information disclosure, provides any financial and accounting report which is false or conceals any important facts to its shareholders and the general public, or . fails to disclose any other important information in accordance with the provisions so that serious damages are caused to the interests of the shareholders or any other person, or any other serious circumstances exist, the directly liable persons-in-charge and other directly liable persons shall be sentenced to not more than three years of fix-term imprisonment or criminal detention, and/or shall be imposed upon to a fine of not less than 20,000 Yuan but not more than 200,000 Yuan."
VI. There is an article added to the end of Article 162 (I) as Article 162 (II): "If any company or enterprise transfers or disposes of its properties by concealing its properties or undertaking fabricated debts or by any other means or implement false bankruptcy so that serious damages are caused to the interests of the creditors or any other persons, the directly liable persons-in-charge and other directly liable persons shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and/or shall be imposed upon to a fine of not less than 20,000 Yuan and not more than 200,000 Yuan."
VII. Article 163 of the Criminal Law is amended to as: "If any staff of any company, enterprise or other units ask for or illegally accept properties from other persons taking advantage of job convenience, and seek benefits for other persons, and in case the properties involved is of a relatively large amount , he shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention. If the amount is huge, he shall be sentenced to less than five years of fixed-term imprisonment and confiscation of property. "If the staff of any company, enterprise or any other units, in the course of economic intercourses, accept kickbacks and commission charge in various forms taking advantage of job convenience in violation of the provisions of the state for his personal ownership, he shall be punished in accordance with provisions under the preceding paragraph. "Anyone engaging in public services in any state-owned corporations, enterprise or other state-owned units and anyone assigned by state-owned companies, enterprises and other state-owned units to non-state-owned companies, enterprises and other units to engage in public service found to be committing the acts mentioned in the two preceding paragraphs, shall be convicted and punished in accordance with Articles 385 and 386 of the present Law."
VIII. Paragraph 1, Article 164 of the Criminal Law is amended to as: "Anyone who gives a relatively large amount of property to the staff of any company, enterprise or other units so as to seek unwarrantable benefits shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention. If the amount is huge, he shall be sentenced to not less than three years but not more than ten years in prison, and shall be imposed upon a fine."
IX. There is an article added to the end of Article 169 of the Criminal Law as Article 169 (I): "If any director, supervisor or senior manager of a listed company violates his fiduciary duty to the company and manipulate the listed company to pursue any of the following behaviors taking advantage of job convenience ,causing any serious loss to the interest of the listed company, he shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention, and/or shall be imposed upon to a fine. If the listed company thus suffers from a particularly huge loss, he shall be sentenced to not less than three years but not more than seven years in prison, and shall be imposed upon a fine: (1) Providing any fund, commodity, service or any other asset gratuitously to any other unit or individual; (2) Providing or accepting any fund, commodity, service or any other asset with obviously unfair terms; (3) Providing any fund, commodity, service or any other asset to any unit or individual obviously without the ability of repayment .; (4) Providing any guarantee to any unit or individual obviously without the ability of repayment , or providing guarantee to any other unit or individual without due reasons; (5) Giving up credit or assumption of debts without due reasons; or (6) Causing damage to the interests of the listed company by any other means. If the controlling shareholder or actual controller of a listed company instigates any of the directors, supervisors, or senior managers of the listed company to conduct any of the acts as described in the preceding paragraph, it or he shall be punished in accordance with the provisions of the preceding paragraph. If the controlling shareholder or actual controller of the listed company committing the acts as described in the preceding paragraph is a unit, the unit shall be imposed upon a fine and the directly liable persons-in-charge and other directly liable persons shall be punished in accordance with the first paragraph herein."
X. There is an article added to the end of Article 175 as Article 175 (I): "If anyone obtains any loan, acceptance of any instrument, letter of credit, letter of guarantee, etc. by means of deception from any bank or any other financial institution so that any serious loss is caused to the bank or financial institution or any other serious circumstances exist, he shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention, and/or shall be imposed upon to a fine. If a particularly large loss is caused to the bank or any other financial institution or if there is any other particularly serious circumstance, he shall be sentenced to not less than three years but not more than seven years in prison, and shall be imposed upon to a fine. "Any unit committing the acts as described in the preceding paragraph shall be imposed upon to a fine, and the directly liable persons-in-charge and other directly liable persons shall be punished in accordance with the provisions of the preceding paragraph."
XI. Article 182 of the Criminal Law is amended to as: "The person who manipulates the securities or futures market, if the circumstances are serious, shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and/or shall be imposed upon to a fine. If the circumstances are particularly serious, he shall be sentenced to not less than five years but not more than 10 years in prison, and shall be imposed upon to a fine, in case any of the following circumstances arises: (1) Centralizing one's predominance in capital, shareholding and warehousing or taking advantage of information predominance to jointly or continuously buy and sell securities and futures, manipulating the trading prices or the trading volume of securities and futures, either on one's own or by conspiring with other people; (2) Affecting trading prices or volumes of securities and futures by colluding with other persons, conducting securities or futures transactions with each other at a predetermined time and price and in a predetermined way.; (3) Affecting trading prices or volumes of securities and futures by conducting securities transactions among the accounts under the actual control of the same person or regarding oneself as the trading object, buying and selling futures contracts from and to himself; or (4) Manipulating the securities or futures markets by any other means. If any unit commits the acts as described in the preceding paragraph, the unit shall be imposed upon a fine, and the directly liable persons-in-charge and any other liable persons shall be punished in accordance with the provisions of the preceding paragraph."
XII. There is an article added to the end of Article 185 as Article 185 (I): "Any commercial bank, stock exchange, futures exchange, securities company, futures brokering company, insurance company, or any other financial institution in violation of its fiduciary duty, utilizes the funds or any other consigned or entrusted property of its clients on itself, if the circumstances are serious, shall be imposed upon a fine, and the directly liable persons-in-charge and other directly liable persons shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention, and shall be imposed upon to a fine of 30,000 Yuan up to 300,000 Yuan. If the circumstances are particularly serious, he shall be sentenced to f not less than three years but not more than ten years in prison, and shall be imposed upon to a fine of 50,000 Yuan up to 500,000 Yuan. "In case of any public fund management institution such as a social security fund management institution or housing accumulation fund management institution, or any insurance company, insurance asset management company, or securities investment fund management company violates the provisions of the state in its use of funds, the directly liable persons-in-charge as well as other directly liable persons shall be punished in accordance with the provisions of the preceding paragraph."
XIII. Paragraphs I and II of Article 186 of the Criminal Law are amended to as: "If the staff of any bank or other financial institution offers any loan in violation of the provisions of the state and the amount is huge or any serious loss has caused, he shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and shall be imposed upon to a fine of 10,000 Yuan up to 100,000 Yuan. If the amount is particularly huge or particularly serious losses have been caused, he shall be sentenced to more than five years of fixed-term imprisonment, and shall be imposed upon to a fine of 20,000 Yuan up to 200,000 Yuan. "Any staff of any bank or other financial institution in violation of the provisions of the state to offer loans to any of his relatives, shall be punished in accordance with the provisions of the preceding paragraph."
XIV. Paragraph I of the Article 187 of the Criminal Law is amended as: "If any staff of any bank or other financial institution accepts the money of any client without writing it into the accounts, and if the sum is huge or if any serious loss has caused, he shall be sentenced to not more than five years of fixed-term imprisonment, and shall be imposed upon to a fine 20,000 Yuan up to 200,000 Yuan. If the sum is particularly huge or the losses are particularly serious, he shall be sentenced to five years or more in prison, and shall be imposed upon to a fine of 50,000 Yuan up to 500,000 Yuan."
XV. Paragraph I of Article 188 of the Criminal Law is amended to as: "If the staff of any bank or any other financial institution in violation of the provisions when issuing any letter of credit, letter of guarantee, instrument, certificate of deposit, certification of credit, etc. for any other person, and if the circumstances are serious, he shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention. If the circumstances are particularly serious, he shall be sentenced to five years or more in prison."
XVI. Paragraph I of Article 191 of the Criminal Law is amended as: "If anyone who is clearly aware that the earnings are obtained from drug-related crime, organizational crime of any gangland, terrorist crime, crime of smuggling, crime of corruption or bribery, crime of disrupting the financial management order, crime of financial fraud, etc. as well as that the incomes are generated therefrom, yet commits any of the following acts so as to conceal and disguise the origin or nature thereof, the incomes obtained from the commission of the aforementioned crimes as well as the incomes generated therefrom shall be confiscated, and the criminal shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and/or shall be imposed upon to a fine of 5% up to 20% of the amount of laundered money. If the circumstances are serious, he shall be sentenced to not less than five years but not more than ten years in prison, and shall be imposed upon to a fine of 5% up 20% of the amount of laundered money: (1) Providing any capital account; (2) Assisting to transfer property into cash, financial instruments, or negotiable securities; (3) Assisting to transfer capital by means of transfer accounts or any other means of settlement; (4) Assisting to remit capital abroad; (5) Concealing and disguising the origin or nature of any crime-related earnings or the incomes generated therefrom by any other means."
XVII. There is an article added to the end of Article 262 of the Criminal Law as Article 262 (I): "Anyone who organizes any disabled person or any juvenile below the age of 14 by force or coercion to beg, shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention, and shall be imposed upon to a fine. If the circumstances are serious, he shall be sentenced to not less than three years not more than seven years in prison, and shall be imposed upon to a fine."
XVIII. Article 303 of the Criminal Law is amended as: "Anyone who, for the purpose of making profits, assembles a crow to engage in gambling or makes a gambling his occupation, shall be sentenced to not more than three years of fixed-term imprisonment criminal detention, or surveillance, and shall be imposed upon to a fine. "Anyone who sets up any casino shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or surveillance, and shall be imposed upon to a fine. If the circumstances are serious, he shall be sentenced to not less than three years but not more than ten years in prison, and shall be imposed upon to a fine."
XIX. Article 312 of the Criminal Law is amended as: "If anyone who is clearly aware that the earnings are obtained through crimes as well as that the incomes are generated therefrom yet conceals, transfers, purchases, or acts as an agent to sell them or conceals and disguises them by any other means, he shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or surveillance, and/or shall be imposed upon to a fine. If the circumstances are serious, he shall be sentenced to not less than three years but not more than seven years in prison, and shall be imposed upon to a fine."
XX. There is an article added to the end of Article 399 of the Criminal Law as Article 399 (I): "If anyone who undertakes the duties of arbitration in accordance with law makes any wrongful ruling purposely in violation of the facts and laws in the activities of arbitration, in case the circumstances are serious, he shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention. If the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than seven years in prison."
XXI. The present Amendments shall go into effect as of the date of promulgation.
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