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Criminal Law of the People's Republic of China
时间:2007-11-26  作者:  新闻来源:中国诉讼法律网

Criminal Law of the People's Republic of China
(Adopted by the Second Session of the Fifth National People's Congress on July 1, 1979, amended by the Fifth Session of the Eighth National People's Congress on March 14, 1997, promulgated by Order No.83 of the President of the People's Republic of China on March 14, 1997, and effective from October 1, 1997)
Contents
Part One General Provisions
Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law
Chapter II The Commission of a Crime
Section 1 The Commission of a Crime and Criminal Responsibility
Section 2 Preparation, Attempt and Discontinuance of a Crime
Section 3 Joint Crime
Section 4 Crime Committed by a Unit
Chapter III Punishments
Section 1 Types of Punishments
Section 2 Public Surveillance
Section 3 Criminal Detention
Section 4 Fixed-term Imprisonment and Life Imprisonment
Section 5 Death Penalty
Section 6 Financial Penalty
Section 7 Deprivation of Political Rights
Section 8 Confiscation of Property
Chapter IV The Concrete Application of Punishments
Section 1 Sentencing
Section 2 Recidivist
Section 3 Voluntary Surrender and Rendering Meritorious Service
Section 4 Combined Punishment for Several Crimes
Section 5 Suspension of Sentence
Section 6 Commutation of Punishment
Section 7 Parole
Section 8 Limitation
Chapter V Miscellaneous Provisions
Part Two Specific Provisions
Chapter I Crime of Endangering the State Security
Chapter II Crime of Endangering the Public Security
Chapter III Crime of Disrupting the Order of Socialist Market Economy
Section 1 Crime of Producing or Selling Fake or Inferior Commodities
Section 2 Crime of Smuggling
Section 3 Crime of Disrupting the Order of Administering Companies and Enterprises
Section 4 Crime of Disrupting the Order of Banking Administration
Section 5 Crime of Financial Fraud
Section 6 Crime of Jeopardizing the Administration of Tax Collection
Section 7 Crime of Infringing upon Intellectual Property
Section 8 Crime of Disturbing Market Order
Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right
Chapter V Crime of Encroaching on Property
Chapter VI Crime of Disrupting the Order of Social Administration
Section 1 Crime of Disturbing the Public Order
Section 2 Crime of Impairing Judicial Activities
Section 3 Crime of Impairing Control of the Border (Frontier)
Section 4 Crime of Impairing Control of Cultural Relics
Section 5 Crime of Jeopardizing Public Health
Section 6 Crime of Undermining Protection of Environment or Resources
Section 7 Crime of Smuggling, Trafficking in, Transporting or Producing Drugs
Section 8 Crime of Organizing, Forcing, Luring, Sheltering or Introducing Women into Prostitution
Section 9 Crime of Producing, Selling or Spreading Obscene Articles
Chapter VII Crime of Endangering Interests of National Defense
Chapter VIII Crime of Embezzlement or Bribery
Chapter IX Crime of Dereliction of Duty
Chapter X Crime of the Serviceman's Violation of Duty
Supplementary Provisions

Part One General Provisions
Chapter I The Tasks, Basic Principles and Applicable Scope of the Criminal Law
Article 1
For the purposes of punishing crimes and protecting the people, in accordance with the Constitution and in the light of the concrete experience and actual conditions of our country in fighting against crimes, this Law is formulated.
Article 2
The tasks of the Criminal Law of the People's Republic of China are: to employ criminal punishments to fight against all criminal acts for the purposes of defending the state's security, political power of the people's dictatorship and socialist system, safeguarding the properties owned by the State and the properties owned collectively by the working people, protecting the properties owned privately by citizens, protecting the rights of the person, democratic rights and other rights of citizens, maintaining the social order and economical order, and ensuring the smooth advance of the cause of socialist construction.
Article 3
An act which is expressly defined by law as a criminal act shall be convicted of a crime and sentenced in accordance with law and; if it is not expressly defined by law as a criminal act, it may not be convicted of a crime and sentenced.
Article 4
Any person who commits a crime shall be equal in applying the law. No person is privileged to be beyond the law.
Article 5
The seriousness of punishment shall be determined in accordance with the crime committed by the criminal and his criminal responsibility.
Article 6
This Law applies where a person commits a crime in the territory of the People's Republic of China, except as specially provided by law.
This Law also applies where a person commits a crime on board a ship or an aircraft of the People's Republic of China.
If, among the acts or results of a crime, one of them takes place in the territory of the People's Republic of China, it shall be deemed a crime committed in the territory of the People's Republic of China.
Article 7
This Law applies where a citizen of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China; where, however, subject to the provisions of this Law, the maximum punishment of fixed-term imprisonment for his crime is not more than three years, he may be exempt from investigation.
This Law applies where a public servant or serviceman of the People's Republic of China commits a crime set forth by this Law outside the territory of the People's Republic of China.
Article 8
This Law may apply where a crime against China or a citizen of the People's Republic of China committed by an alien outside the territory of the People's Republic of China and for which the minimum punishment of fixed-term imprisonment is not less than three years in accordance with the provisions of this Law, except where a crime is not punishable in accordance with the law of the place where it is committed.
Article 9
This Law applies to crimes set forth by 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 obligations in accordance with the treaties.
Article 10
A person who shall bear criminal responsibility according to this Law for his crime committed outside the territory of the People's Republic of China may still be investigated according to this Law, even if he has already been tried in a foreign country. Where, however, he has already received criminal punishment in a foreign country, he may be exempt from punishment or given a mitigated punishment.
Article 11
The criminal responsibility of an alien who enjoys diplomatic privileges and immunities shall be determined through the diplomatic channel.
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 laws in force at the time, they shall apply. If the act was deemed a crime under laws in force at the time and is subject to prosecution in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be demanded for according to laws in force at the time. Where, however, 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 the time before the entry into force of this Law shall continue to be effective.
Chapter II The Commission of a Crime
Section 1 The Commission of a Crime and Criminal Responsibility
Article 13
All acts which endanger the sovereignty, territorial integrity or security of the State, dismember the nation, subvert the political power of the people's dictatorship, overthrow the socialist system, disrupt the social or economic order, infringe the properties owned by the State or the properties owned collectively by the working people, infringe the citizens' privately owned properties or infringe the right of the person, democratic right or any other right of citizens and all other acts which endanger the society shall be taken as crimes if, according to law, they shall be punished criminally, and if they are clearly of minor circumstances and little harm, shall not be taken as crimes.
Article 14
If a person clearly knows that his act will produce a dangerous result to the society and wishes or allows such a result to occur, thus constituting a crime, it shall be an intentional crime.
A person who commits an intentional crime shall bear criminal responsibility.
Article 15
If a person should know that his act would produce a dangerous result to the society but fails to know due to his negligence or, has already known it but readily believes that it can be avoided, thus causing the result, it shall be a negligent crime.
A person who commits a negligent crime shall bear criminal responsibility only when the law provides therefor.
Article 16
An act which, due to unavoidable or unforeseeable reasons rather than intent or negligence, produces a harmful result in fact, is not a crime.
Article 17
A person who has attained the age of sixteen years shall bear criminal responsibility if he commits a crime.
A person who has attained the age of fourteen years and is under the age of sixteen years shall bear criminal responsibility if he commits a crime of intentional homicide, intentionally injuring another person to serious bodily injury or death, rape, robbery, selling drugs, arson, explosion or spreading poison.
A person who has attained the age of fourteen years and is under the age of eighteen years shall be sentenced lightly or mitigatively if he commits a crime.
If a person commits a crime and is not sentenced criminally because he is under the age of sixteen years, his patriarch or guardian shall be ordered to control and educate him and, when necessary, he may be taken in by the government for education.
Article 18
If a mental patient, at the time when he is unable to recognize or control his own act, causes a dangerous result, and such a circumstance is confirmed subject to legal procedures, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him strictly and arrange for his medical treatment and, when necessary, he shall be forced into medical treatment by the government.
A mental patient who has an intermittent nature shall bear criminal responsibility if he commits a crime at the time when he is in a normal mental state.
A mental patient who does not lose completely the ability to recognize or control his own act shall bear criminal responsibility but may be sentenced lightly or mitigatively if he commits a crime.
A intoxicated person who commits a crime shall bear criminal responsibility.
Article 19
A deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempt from punishment.
Article 20
If a person employs an act to stop an unlawful infringement for the purposes of avoiding the said infringement for the State's or the public interest or for his own or another person's right of the person, property right or any other right, thus causing harm to the unlawful infringer, the said act shall be regarded as a justifiable defense and the said person shall not bear criminal responsibility.
If a justifiable defense apparently exceeds the limits of necessity, thus causing a serious harm, the person involved shall bear criminal responsibility, but be given a mitigated punishment or be exempt from punishment.
If a person employs an act of defense to an immediate violent crime of committing physical assault, homicide, robbery, rape, kidnapping or any other crime seriously endangering the safety of another person, thus causing bodily injury or death to the unlawful infringer, the said act shall not be regarded as a defense that exceeds the limits of necessity, and the said person shall not bear criminal responsibility.
Article 21
A person who, for the purposes of avoiding an immediate danger to the State's or the public interest or to his own or another person's right of the person or property right or any other right, is compelled to employs an act under emergency, thus causing a harm, shall not bear criminal responsibility.
If an act under emergency to avert danger exceeds the limits of necessity, thus causing an undue harm, the person involved shall bear criminal responsibility, but be given a mitigated punishment or exempt from punishment.
The provisions of paragraph 1 on avoidance of danger shall not apply to the persons who assume specific responsibilities in their posts and businesses.
Section 2 Preparation, Attempt and Discontinuance of a Crime
Article 22
The preparation of instruments or the creation of conditions for a crime is the preparation of a crime.
A person who prepares for a crime may be given a lighter or mitigated punishment or be exempt from punishment in comparison with one who consummates the crime.
Article 23
If a crime has already been begun but is prevented from completing by reasons independent of the criminal's will, it is the attempt of a crime.
A person who attempts to commit a crime may be given a lighter or mitigated punishment in comparison with one who consummates the crime.
Article 24
If, in the course of commission of a crime, the criminal voluntarily quits continuing the crime or voluntarily and effectively prevents the results of the crime from occurring, it is the discontinuance of a crime.
A person who discontinues a crime shall be exempt from punishment if no harm is caused and; if a harm is caused, be given a mitigated punishment.
Section 3 Joint Crime
Article 25
A joint crime means an intentional crime committed jointly by two or more persons.
A negligent crime committed jointly by two or more persons shall not be treated and punished as a joint crime; and if the persons involved shall bear criminal responsibility, they shall be sentenced separately upon the crimes they commit.
Article 26
A person who organizes or leads a criminal group to carry out criminal activities or plays a principal role in a joint crime is the principal criminal.
A relatively stable criminal organization which is composed of three or more persons jointly for committing a crime is the criminal group.
A ringleader who organizes or leads a criminal group shall be sentenced upon all the crimes the group commits.
A principal criminal other than those set forth in paragraph 3 shall be sentenced upon all the crimes he participates in or organizes or commands.
Article 27
A person who plays a secondary or auxiliary role in a joint crime is the accomplice.
An accomplice shall be given a lighter or mitigated punishment or be exempt from punishment.
Article 28
A person who is compelled to participate in a crime shall be given a mitigated punishment or be exempt from punishment upon the circumstances of his crime.
Article 29
A person who instigates another person to commit a crime shall be sentenced upon the role he has played in the joint crime. A person who instigates another person who is under the age of eighteen years to commit a crime shall be sentenced heavily.
If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
Section 4 Crime Committed by a Unit
Article 30
A company, an enterprise, an institution, an organ or an organization, which commits an act harmful to the society, shall bear criminal responsibility if the law holds such an act as a crime committed by a unit.
Article 31
If a unit commits a crime, the unit shall be sentenced to financial penalties and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced criminally. Where the Specific Provisions of this Law and other laws provide for otherwise, they shall govern.
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. death penalty.
Article 34
The supplementary punishments are as follows:
1. financial penalties;
2. deprivation of political rights; and
3. confiscation of property.
The supplementary punishments may be applied independently.
Article 35
Deportation may be applied independently or supplementarily to an alien who commits a crime.
Article 36
A criminal whose crime causes a financial loss to the victim shall, in addition to criminal punishments according to law, be sentenced to make compensation for the loss upon the circumstances.
A criminal who bears civil responsibility and concurrently is sentenced to a financial penalty shall first bear civil responsibility to the victim if he has no enough property to pay off or he is sentenced to confiscation of property.
Article 37
A criminal who is not needed to be sentenced criminally due to his minor crime may be exempt from criminal punishments but, upon the different circumstances of the case, he may be reprimanded or ordered to make a statement of repentance, offer an apology or pay compensation for losses or be given administrative penalties or 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 shall, within the period of execution, comply with the following provisions:
1. to observe laws and administrative regulations and to accept supervision;
2. without approval of the executing organ, to be forbidden to exercise the rights of freedom of speech, press, assembly, association, procession and demonstration;
3. to report his own activities as required by the executing organ;
4. to observe the provisions of the executing organ on meeting with guests; and
5. when intending to leave from the county or city where he lives or to change his residence, to obtain approval of the executing organ.
A criminal who is sentenced to public surveillance shall receive equal pay for equal work in his participation in labor.
Article 40
If the term of public surveillance for a criminal who is sentenced to public surveillance expires, the executing organ shall notice the termination of public surveillance to the criminal and to the unit which he belongs to or the masses in the place of his residence in time.
Article 41
The term of public surveillance shall be counted from the day the judgment begins to be executed; and if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as two days of the term sentenced.
Section 3 Criminal Detention
Article 42
The term of criminal detention shall not be less than one month and not more than six months.
Article 43
Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.
Within the period of execution, the criminal sentenced to criminal detention may go home for one to two days each month; and may be given an appropriate remuneration if he participates in labor.
Article 44
The term of criminal detention shall be counted from the day the judgment begins to be executed; and 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
Except as provided by Articles 50 and 69 of this Law, the term of fixed-term imprisonment shall not be less than six months and not more than fifteen years.
Article 46
A criminal who is sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or any other place of execution; and if he is able to work, he shall participate in labor and accepts education and reform.
Article 47
The term of fixed-term imprisonment shall be counted from the day the judgment begins to be executed; and 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 Death Penalty
Article 48
The death penalty shall be applied only to criminals who have committed the most heinous crimes. If the immediate execution of a criminal punishable by death is not 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 applied to a person who has not attained the age of eighteen years at the time when he commits the crime or to a woman who is 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 within 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; and if it is verified that he 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 day 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 day the term of suspension of execution of a death expires.
Section 6 Financial Penalty
Article 52
The amount of a fine imposed shall be determined upon the circumstances of the crime.
Article 53
A fine may be paid in a lump sum or in installments within the time limit set in the judgment. If a fine is not paid on schedule, the payment shall be compelled. If a person fails to pay all fines, the people's court shall pursue the payment at any time when it finds that the person subjected to execution has any other property. If a person has true difficulties to make payment because of an unavoidable disaster, the fine may, partly or wholly, be exempt upon the circumstances.
Section 7 Deprivation of Political Rights
Article 54
Deprivation of political rights means the deprivation of the following rights:
1. the rights to vote and to stand for election;
2. the rights of freedom of speech, press, assembly, association, procession and 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, enterprise, institution or people's organization.
Article 55
With the exception of the provisions of Article 57 of this Law, a term of deprivation of political rights shall not be less than one year and not more than five years.
If a person who is 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 endanger the state security shall be sentenced to deprivation of political rights as a supplementary punishment; and criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other crimes which seriously undermine social order may be sentenced to deprivation of political rights as a supplementary punishment.
If deprivation of political rights is applied independently, the Specific Provisions of this Law shall govern.
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 the term 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 day when the execution of imprisonment or criminal detention ends or from the day when parole begins. Deprivation of political rights shall of course be in effect within the period in which the principal punishment is being executed.
Criminals who are sentenced to deprivation of political rights shall observe laws, administrative regulations and relevant provisions of the department for public security of the State Council on supervision and administration, accept supervision; and may not exercise the rights laid down in Article 54 of this Law.
Section 8 Confiscation of Property
Article 59
Confiscation of property means the confiscation of part or all of the properties personally owned by a criminal. When all of the properties of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left out.
When a confiscation of property is sentenced, property which is owned or should be owned by the criminal's family members may not be confiscated of.
Article 60
If it is necessary to use a confiscated property to pay due debts that the criminal incurred before his property is confiscated, such debts shall be paid at the request of the claimants.
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 the society and the relevant provisions of this Law.
Article 62
If, under the provisions of this Law, the circumstances of a crime call for a heavier or a lighter punishment, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.
Article 63
If, under the provisions of this Law, the circumstances of a crime call for a mitigated punishment, the criminal shall be sentenced to a punishment less than the prescribed punishment.
With approval of the Supreme People's Court, a criminal may be sentenced to a punishment less than the prescribed punishment upon the special nature of the case, even if the circumstances of his crime do not warrant a mitigated punishment under the provisions of this Law.
Article 64
All properties illegally obtained by a criminal shall be recovered or compensation shall be ordered. Legal property of the victim shall be returned in time. Contrabands and possessions of the criminal that were used in the crime shall be confiscated. The properties confiscated and fines shall be turned over to the State Treasury and may not be misappropriated or disposed without authorization.
Section 2 Recidivists
Article 65
A criminal who is sentenced to fixed-term imprisonment or heavier penalty shall, if, within five years after serving his sentence or receiving a pardon, committing another crime punishable by fixed-term imprisonment or heavier penalty, be a recidivist and be sentenced heavily, with the exception of negligent crime.
The period fixed in the preceding paragraph for a criminal who is paroled shall be counted from the day the parole expires.
Article 66
A criminal who endangers the state's security shall, if committing a crime of endangering the state's security again at any time after serving his sentence or receiving a pardon, be treated and sentenced as a recidivist.
section 3 Voluntary Surrender and Rendering Meritorious Service
Article 67
If a criminal, after committing a crime, surrenders himself voluntarily and truthfully confesses his crime, it is the voluntary surrender. A criminal who conducts voluntary surrender may be given a lighter or mitigated punishment. Those whose crimes are relatively minor may be exempted from punishments.
If a suspected criminal or defendant under compulsory measures or a criminal who serves a sentence truthfully confesses his other crimes that are unknown to a judicial organ, it shall be treated as the 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 services may be given a lighter or mitigated punishment. Those who render great meritorious service may be given a mitigated punishment or be exempted from punishment.

A criminal who conducts voluntary surrender and concurrently renders great meritorious service shall be given a lighter punishment or be exempted from punishment.
Section 4 Combined Punishment for Several Crimes
Article 69
If a criminal commits several crimes before a judgment is pronounced, his term of punishment shall, upon the circumstances of each case, 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, unless he is sentenced to death or life imprisonment, however, the term of public surveillance may not be more than three years, the term of criminal detention may not be more than one year, and fixed-term imprisonment may not be more than twenty years.
If, among several crimes, there are any for which a supplementary punishment is sentenced, the supplementary punishment must still be executed.
Article 70
If, after a judgment is pronounced and before the punishment is completely executed, a criminal is discovered to commit another crime for which he was not sentenced before the judgment was pronounced, 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 in accordance with the provisions of Article 69 of this Law. Any portion of the term that has already been served shall count towards fulfillment of the term imposed by the latest judgment.
Article 71
If, after a judgment is pronounced and before the punishment is completely executed, a criminal who is sentenced again commits a crime, a 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 in accordance with the provisions of Article 69 of this Law.
section 5 Suspension of Sentence
Article 72
If, upon the circumstances of the crime and the demonstration of repentance, a suspension of the sentence for a criminal who is sentenced to criminal detention or to fixed-term imprisonment of not more than three years will not result in further harm to the society, a suspension of sentence may be granted thereto.
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 day 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 comply with the following provisions:
1. to observe laws and administrative regulations, and to accept supervision;
2. to report his own activities as required by the observing organ;
3. to observe the provisions of the observing organ on meeting with guests; and
4. to obtain approval of the observing organ for a departure from the city or county where he lives or change in residence.
Article 76
Within the probation period for suspension, the public security organ shall observe the criminal whose sentence has been suspended and the unit to which he belongs or the basic-level organization shall take concerted action and, if the criminal has no circumstance laid down in Article 77 of this Law, the punishment originally decided shall not be executed after the expiration of the probation period for suspension, and it shall be declared in public.
Article 77
If, within the probation period for suspension, a criminal whose sentence has been suspended commits a further crime or is discovered that he committed a 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 in accordance with the provisions of Article 69 of this Law.
If, within the probation period for suspension, a criminal whose sentence has been suspended violates a law or an administrative regulation or a provision of the department for public security of the State Council on supervision and administration of 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
Within the period of execution, a criminal who is 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; and shall have his punishment commuted if he shows one of following great meritorious services:
1. to prevent another person from committing a serious crime;
2. to bring accusations with respect to the serious crimes within or outside the prison, and such accusation is verified;
3. to have invention, creation or great technical innovation;
4. to risk life to save another person in routine production and life;
5. to make outstanding performance in resisting natural disaster or in removing serious accident; or
6. to make other great contributions to the state and society.
After commutation, the term of punishment actually to be executed may not be less than half of the term originally decided if a criminal is sentenced to public surveillance, criminal detention or fixed-term imprisonment; and may not be less than ten years if a criminal is sentenced to life imprisonment.
Article 79
Commutation of punishment of a criminal shall be put forward in the form of the proposal document of commutation of punishment by the executing organ to the people's court at the intermediate or higher level. The people's court 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 may be decided without the legal procedures.
Article 80
The term of fixed-term imprisonment that is commuted from a life imprisonment shall be counted from the day the order of commutation is issued.
section 7 Parole
Article 81
If a criminal who is sentenced to fixed-term imprisonment has served more than half of the term of his original sentence, or a criminal who is sentenced to life imprisonment has served not less than ten years of his term, parole may be granted thereto, provided that he observes the rules of prison conscientiously, accepts education and reform and shows true repentance and will no longer cause harm to the society after parole. Under special circumstances and with approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.
Recidivists and criminals who are 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 may not be granted parole.
Article 82
Parole of a criminal shall be governed by the procedures laid down in Article 79 of this Law. No parole may be granted without the legal procedures.
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; and 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 day the criminal is released on parole.
Article 84
A criminal who is granted parole shall comply with the following provisions:
1. to observe laws and administrative regulations and to accept supervision;
2. to report his own activities as required by the supervising organ;
3. to observe the provisions of the supervising organ on meeting with guests; and
4. to obtain approval of the supervising organ for his departure from the city or county where he lives or change in his residence.
Article 85
Within the probation period for parole, a criminal who is granted parole shall be subject to supervision of the public security organ and, if a circumstance laid down 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 when the probation period for parole expires, and it shall be announced publicly.
Article 86
If a criminal who is granted parole commits a further crime within the probation period for parole, the parole shall be revoked and combined punishment for several crimes shall be decided in accordance with the provisions of Article 71 of this Law.
If, within the probation period for parole, a criminal who is granted parole is discovered that, before the judgment was announced, he committed other crimes for which he was not sentenced, the parole shall be revoked and combined punishment for several crimes shall be decided in accordance with the provisions of Article 70 of this Law.
If, within the probation period for parole, a criminal who is granted parole violates a law, an administrative regulation or a provision of the department for public security of the State Council on supervision and administration of parole and the said violation does not constitute a further crime, the parole shall be revoked according to the legal procedures 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 if the maximum prescribed punishment is fixed-term imprisonment of less than five years;
2. ten years if the maximum prescribed punishment is fixed-term imprisonment of more than five years and less than ten years;
3. fifteen years if the maximum prescribed punishment is fixed-term imprisonment of more than ten years; and
4. twenty years if the maximum prescribed punishment is life imprisonment or death. Where, after twenty years, it is considered that a crime must be prosecuted, the matter must be reported to the Supreme People's Procuratorate for approval.
Article 88
In a case where, after a people's procuratorate, public security organ or state security organ has placed the case on file for investigation or a people's court has accepted the case, a criminal escapes from investigation or trial, no limitation on the period for prosecution shall be applied.
In a case where, within the limitation period for prosecution, a victim puts forward accusation and a people's court, people's procuratorate or public security organ shall place the case on file but fails to do so, no limitation on the period for prosecution shall be applied.
Article 89
The limitation period for prosecution shall be counted from the day of the crime; if the criminal act is of a continual or continuous nature, it shall be counted from the day the criminal act is terminated.
If a further crime is committed within the limitation period for prosecution, the limitation period for prosecution of the former crime shall be counted from the day the latter crime is committed.
Chapter V Miscellaneous Provisions
Article 90
Where the provisions of this Law cannot be completely applied in a national autonomous area, the people's congress of the autonomous region or the province concerned may formulate the adoptive or supplementary provisions in the light of the political, economic and cultural features of the local nationalities and the fundamental principles laid down by this Law, and shall submit them to the Standing Committee of the National People's Congress for approval before enforcement.
Article 91
For the purposes of this Law, the public property means the followings:
1. property owned by the state;
2. property owned collectively by the working people; and
3. property by social donation or as specific-purpose fund, which is 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 and enterprises, collective-owned enterprises and people's organizations shall be treated as public property.
Article 92
For the purposes of this Law, the citizens' privately owned property means the followings:
1. citizens' lawfully income, savings, houses and other means of livelihood;
2. means of production that are owned by individuals or families according to law;
3. lawful property owned by individual household and private enterprises; and
4. shares, stocks, bonds and other properties owned by individuals according to law.
Article 93
For the purposes of this Law, the public servants of the state mean the persons of the state organs who are engaged in public services.
Persons of state-owned companies, enterprises and institutions and people's organizations who are engaged in public services, and persons who are appointed and sent by state organs, state-owned companies, enterprises and institutions to non-state-owned companies, enterprises and institutions and mass organizations to engage in public services, and other persons who are engaged in public services according to law, shall be treated as the public servants of the state.
Article 94
For the purposes of this Law, the judicial personnel means those who have the duties and responsibilities of investigation, prosecution, adjudication and supervision and control.
Article 95
For the purposes of this Law, the serious injury means any of the following injuries:
1. injury resulting in loss of a person's use of a limb or in disfigurement;
2. injury resulting in loss of a person's hearing, sight or the function of any other organ; and
3. any other injury which causes grave harm to a person's physical health.
Article 96
For the purposes of this Law, violation of the provisions of the state means a violation of law or decision formulated by the National People's Congress or its Standing Committee, or administrative regulation formulated by the State Council, or administrative measures prescribed by the State Council or decision or decree issued by the State Council.
Article 97
For the purposes of this Law, the ringleader refers to a criminal who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.
Article 98
For the purposes of this Law, to be handled only upon complaint means that a case shall be handled only 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
For the purposes of this Law, not less than, not more than and within shall include the given figure.
Article 100
A person who was given a criminal punishment shall, when joining the army or getting a job, report truthfully that he was given a criminal punishment to the relevant unit and may not conceal it.
Article 101
The General Provisions of this Law apply to other laws which have the provisions on criminal punishments, unless special provisions shall have been made in other laws.
Part Two Specific Provisions
Chapter I Crime of Endangering the State Security
Article 102
A person who, in collusion with a foreign country, jeopardizes thesovereignty, territorial integrity or security of the People's Republicof China, shall be sentenced to life imprisonment or fixed-term imprisonmentof not less than ten years.
A person who, in collusion with an agency, organization or individualoutside China, commits a crime under the preceding paragraph, shall besentenced in accordance with the provisions of the preceding paragraph.
Article 103
If organizing, planning or carrying out to dismember the nation orto undermine the unification of the state, the ringleaders and the personswhose crimes are severe shall be sentenced to life imprisonment or fixed-termimprisonment of not less than ten years; the persons who actively participatein shall be sentenced to fixed-term imprisonment of not less than threeyears and not more than ten years; and other persons who participate inshall be sentenced to fixed-term imprisonment of not more than three years,criminal detention, public surveillance or deprivation of political rights.
A person who incites to dismember the nation or to undermine the unificationof the state shall be sentenced to fixed-term imprisonment of not morethan five years, criminal detention, public surveillance or deprivationof political rights; and the ringleaders or the persons whose crimes aresevere shall be sentenced to fixed-term imprisonment of not less than fiveyears.
Article 104
If an armed rebellion or riot is organized, planned or carried out,the ringleaders or the persons whose crimes are severe shall be sentencedto life imprisonment or fixed-term imprisonment of not less than ten years;the persons who actively participate in shall be sentenced to fixed-termimprisonment of not less than three years and not more than ten years;and other persons who participate in shall be sentenced to fixed-term imprisonmentof not more than three years, criminal detention, public surveillance ordeprivation of political rights.
A person who instigates, forces, lures or bribes a public servant ofa state organ or a member of the armed forces, the people's police or thepeople's militia to conduct an armed rebellion or riot shall be sentencedheavily in accordance with the provisions of the preceding paragraph.
Article 105
If organizing, planning or carry out to subvert the state's politicalpower or to overthrow the socialist system, the ringleaders or the personswhose crimes are severe shall be sentenced to life imprisonment or fixed-termimprisonment of not less than ten years; the persons who actively participatein shall be sentenced to fixed-term imprisonment of not less than threeyears and not more than ten years; and other persons who participate inshall be sentenced to fixed-term imprisonment of not more than three years,criminal detention, public surveillance or deprivation of political rights.
A person who incites to subvert the state's political power or to overthrowthe socialist system by starting a rumor, slander or any other means shallbe sentenced to fixed-term imprisonment of not more than five years, criminaldetention, public surveillance or deprivation of political rights; andthe ringleaders or the persons whose crimes are severe shall be sentencedto fixed-term imprisonment of not less than five years.
Article 106
A person who, in collusion with an agency, organization or individualoutside China, commits a crime under Article 103, 104 or 105 of this Chapter,shall be sentenced heavily in accordance with the provisions of the relevantarticle.
Article 107
If an agency, organization or individual within or outside China aidsan organization or individual within China to commit a crime under Article102, 103, 104 or 105 of this Chapter, the persons directly responsibleshall be sentenced to fixed-term imprisonment of not more than five years,criminal detention, public surveillance or deprivation of political rightsand; if the circumstance is serious, to fixed-term imprisonment of notless than five years.
Article 108
A person who defects to the enemy and turns traitor shall be sentencedto fixed-term imprisonment of not less three years and not more than tenyears and; if the circumstance is serious or the case concerns the leadingof a member of the armed forces, the people's police or the people's militiato defect to the enemy and turn traitor, to fixed-term imprisonment ofnot less than ten years or life imprisonment.
Article 109
A public servant of a state organ who, within the period of performinghis duty, leaves his post arbitrarily or flees the country and turns traitor,or flees and turns traitor outside China, or endangers the state's securityof the People's Republic of China, shall be sentenced to fixed-term imprisonmentof not more than five years, criminal detention, public surveillance ordeprivation of political rights and; if the circumstance is serious, tofixed-term imprisonment of not less than five years and not more than tenyears.
A public servant of the state who holds state secrets shall, if committinga crime under the preceding paragraph, be sentenced heavily in accordancewith the provisions of the preceding paragraph.
Article 110
A person who has one of the following acts of espionage and endangersthe state security shall be sentenced to fixed-term imprisonment of notless than ten years or life imprisonment and; if the circumstance is minor,to fixed-term imprisonment of not less than three years and not more thanten years:
1. to join an espionage organization or to accept a task from an espionageorganization or its agent; or
2. to direct the enemy to a bombing or shelling target.
Article 111
A person who steals, spies on, buys or illegally provides state secretsor intelligence for an agency, organization or individual outside the countryshall be sentenced to fixed-term imprisonment of not less than five yearsand not more than ten years; if the circumstance is especially serious,to fixed-term imprisonment of not less than ten years or life imprisonmentand; if the circumstance is minor, to fixed-term imprisonment of not morethan five years, criminal detention, public surveillance or deprivationof political rights.
Article 112
A person who supplies arms, equipment or military materials to aidthe enemy during the wartime shall be sentenced to fixed-term imprisonmentof not less than ten years or life imprisonment and; if the circumstanceis minor, to fixed-term imprisonment of not less than three years and notmore than ten years.
Article 113
A person who commits a crime of endangering the state security setforth in this Chapter, with the exception of the crime under paragraph2 of Article 103, Article 105, 107 or 109, may be sentenced to death penaltyif an especially serious harm to the state and the people is caused andthe circumstances are especially flagrant.
A person who commits a crime under this Chapter may concurrently besentenced to confiscation of property.
Chapter II Crime of Endangering the Public Security
Article 114
A person who sets fire, breaches dike, causes explosion, spreads poison or uses any other dangerous method to sabotage factory, mine, oilfield, harbor, river, water sources, warehouse, dwelling, forest, farm, threshing ground, pasture, important pipeline, public building or any other public or private property and endangers public security, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.
Article 115
A person who sets fire, breaches dike, causes explosion, spreads poison or uses any other dangerous method to cause 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.
A person who negligently commits a crime under the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and; if the circumstance is minor, to fixed-term imprisonment of not more than three years or criminal detention.
Article 116
A person who sabotages a train, motor vehicle, tram, ship or aircraft in a manner that is sufficient to put it in danger of overturning or being destroyed, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.
Article 117
A person who sabotages a railroad, bridge, tunnel, highway, airport, waterway, lighthouse or sign or conducts any other damaging activity in a manner that is sufficient to put a train, motor vehicle, tram, ship or aircraft in danger of overturning or being destroyed, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.
Article 118
A person who sabotages electric power or gas facilities or any other inflammable or explosive equipment and thereby endangers public security, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.
Article 119
A person who sabotages a means of transport, transportation facility, electric power facility, gas facility, or inflammable or explosive equipment and thereby causes a serious result, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
A person who negligently commits a crime under the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and; if the circumstance is minor, to fixed-term imprisonment of not more than three years or criminal detention.
Article 120
A person who organizes, leads or actively participates in a terror organization shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and other persons who participant in such an organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
A person who commits a crime under the preceding paragraph and concurrently commits such a crime as homicide, explosion or kidnapping shall be sentenced in accordance with the provisions on combined punishment for several crimes.
Article 121
A person who hijacks an aircraft by means of violence or intimidation or in any other manner shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and; if a serious bodily injury to or death of another person or a serious damage to the aircraft is caused, to death.
Article 122
A person who hijacks a ship or motor vehicle by means of violence or 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 and; if a serious result is caused, to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 123
A person who exercises violence to another person in a aircraft in flight and endangers the safety of flight, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a serious result is not caused and; if a serious result is caused, to fixed-term imprisonment of not less than five years.
Article 124
A person who sabotages broadcast or 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 and; if a serious result is caused, to fixed-term imprisonment of not less than seven years.
A person who negligently commits a crime under the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and; if the circumstance is minor, to fixed-term imprisonment of not more than three years or criminal detention.
Article 125
A person who illegally manufactures, buys, sells, transports, posts or stores a gun, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and; if the circumstance is serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
A person who illegally buys, sells or transports nuclear materials shall be sentenced in accordance with the provisions of the preceding paragraph.
If a unit commits a crime set forth in the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of paragraph 1.
Article 126
If an enterprise which is designated or determined according to law to engage in manufacture or sale of guns, in violation of the provisions on gun control, commits any of the following acts, the enterprise shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the enterprise shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and; if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment:
1. to manufacture or sell guns exceeding the limit or not according to the type for the purpose of illegal sale;
2. to manufacture guns without numbers or with same number or false number for the purpose of illegal sale; or
3. illegally to sell guns or sell the guns for export in China.
Article 127
A person who steals or forcibly seizes a gun, ammunition or explosive shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and; if the circumstance is serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
A person who robs a gun, ammunition or explosive, or steals or forcibly seizes a gun, ammunition or explosive of a state organ, a member 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
A person who, in violation of the provisions on gun control, holds illegally or keeps in secret a gun or ammunition, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
A person who is equipped with a gun for public service according to law shall be sentenced in accordance with the provisions of the preceding paragraph if he illegally leases or lends his gun.
A person who is allocated a gun according to law shall be sentenced in accordance with the provisions of paragraph 1 if he illegally leases or lends his gun, thus causing a serious result.
If a unit commits a crime under paragraph 2 or 3, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of paragraph 1.
Article 129
A person who is equipped with a gun for public service according to law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if he loses his gun and fails to make a prompt report, thus causing a serious result.
Article 130
A person who illegally carries a gun, ammunition, knife under control or explosive, inflammable, radioactive, poisonous or corrosive materials, to enter into a public place or public means of transport and endangers public security, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is serious.
Article 131
An airman who, in violation of the rules and regulations, causes a serious flight accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused and; if the crash of an aircraft or death of another person is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 132
A railman who, in violation of the rules and regulations, causes a railway transportation accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused and; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 133
A person who violates the laws and regulations on administration of communications or transportation, thus causing a serious accident and resulting in serious bodily injury or death or serious losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if he flees after causing a communication or transportation accident or has any other especially flagrant circumstance, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and; if his fleeing causes another person's death, to fixed-term imprisonment of not less than seven years.
Article 134
An employee of a factory, mine, forestry center, construction enterprise or any other enterprise or institution who disobeys management and violates the rules and regulations, or forces workers to work in a hazardous way in violation of the rules, thus causing a serious accident involving injury or death or any other serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the circumstance is especially flagrant, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 135
If a factory, mine, forestry center, construction enterprise or any other enterprise or institution, whose labor safety facilities do not conform to the state's provisions, fails to take measures to hidden peril of the accident after the relevant department or its employee puts forward a demand, thus causing a serious accident involving injury or death or any other serious result, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the circumstance is especially flagrant, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 136
A person who, in violation of the provisions on the control of explosive, inflammable, radioactive, poisonous or corrosive materials, causes a serious accident in production, storage, transportation or use, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 137
If a construction unit, design unit, unit in charge of construction or project supervision unit, in violation of the state's provisions, lowers the project's quality standard, thus causing a serious accident, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine; and if the result is especially serious, 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 made in time, thus causing a serious accident involving injury or death, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 139
If, in violation of the laws and regulations on fire control, no remedy measures are refused to take after the notice of the fire control supervision organ, thus causing a serious result, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Chapter III Crime of Disrupting the Order of Socialist Market Economy
Section 1 Crime of Producing or Selling Fake or Inferior Commodities
Article 140
A producer or seller who mixes impurities or imitations into a product, passes a fake product off as a genuine one, a defective product as a high-quality one or a substandard product as a standard one, if the sale amounts to not less than 50,000 yuan and not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale; if the sale amounts to not less than 200,000 yuan and not more than 500,000 yuan, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than half and not more than two times of the sale; if the sale amounts to not less than 500,000 yuan and not more than 2,000,000 yuan, to fixed-term imprisonment of not less than seven years and concurrently to a fine of not less than half and not more than two times of the sale and; if the sale amounts to not less than 2,000,000 yuan, to fixed-term imprisonment of fifteen years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.
Article 141
A person who produces or sells fake medicine, if a serious harm to human health can be caused, shall be sentenced to fixed-term imprisonment of not more three years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale; if a serious harm to human health is caused, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than half and not more than two times of the sale; and if death of a person or an especially serious harm to human health is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.
Fake medicine mentioned in this Article means a medicine or a non-medical substance to be categorized or treated as fake medicine in accordance with the provisions of the Law of the People's Republic of China on Pharmaceutical Administration.
Article 142
A person who produces or sells inferior medicine, if a serious harm to human health is caused, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than half and not more than two times of the sale; and if the result is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.
inferior medicine mentioned in this Article means a medicine to be categorized as inferior medicine in accordance with the provisions of the Law of the People's Republic of China on Pharmaceutical Administration.
Article 143
A person who produces or sells food that does not conform to hygiene standards, if a serious food-poisoning accident or any other serious disease caused by food-borne bacteria can be caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale; if a serious harm to human health is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than half and not more than two times of the sale; and if the result is especially serious, to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.
Article 144
A person who 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, to a fine of not less than half and not more than two times of the sale; if a serious food-poisoning accident or any other serious disease caused by food-borne bacteria is caused, thus seriously harming human health, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than half and not more than two times of the sale; and if death of a person or an especially serious harm to human health is caused, shall be sentenced in accordance with the provisions of Article 141 of this Law.
Article 145
A person who produces medical appliances or medical hygiene materials that do not conform to the national or trade standards on safeguarding human health, or sells such appliances or materials while clearly knowing their inconformity to the national or trade standards on safeguarding human health, if a serious harm to human health is caused, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine of not less than half and not more than two times of the sale; if the result is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than half and not more than two times of the sale; and if the circumstance is especially flagrant, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.
Article 146
A person who produces electrical appliances, pressure containers, inflammable or explosive products or any other products, which do not conform to the national or trade standards on safeguarding the safety of person or property, or sells such products while clearly knowing their inconformity to the national or trade standards on safeguarding the safety of person or property, if a serious result is caused, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine of not less than half and not more than two times of the sale; and if the result is especially serious, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than half and not more than two times of the sale.
Article 147
A person who 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 a producer or seller who passes substandard pesticides, animal pharmaceuticals, chemical fertilizers or seeds off as those up to standard, if a considerable loss of production is caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale; if a serious loss of production is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than half and not more than two times of the sale; and if an especially serious loss of production is caused, to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.
Article 148
A person who produces cosmetics that do not conform to hygiene standards or sells such products while clearly knowing their inconformity to hygiene standards, if a serious result is caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale.
Article 149
A person who produces or sells a product mentioned in Article 141 to 148 of this Section and does not yet commit a crime set forth in any of those Articles, if the sale amounts to not less than 50,000 yuan, shall be convicted of a crime and sentenced in accordance with the provisions of Article 140 of this Section.
A person who produces or sells a product mentioned in Article 141 to 148 of this Section and commits a crime set forth in any of those Articles, and in the meantime also commits a crime set forth in Article 140 of this Section, shall be convicted of a crime and sentenced in accordance with the provisions of heavier punishment.
Article 150
If a unit commits a crime set forth in Article 140 to 148 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced respectively in accordance with the provisions of the relevant article.
Section 2 Crime of Smuggling
Article 151
A person who smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and concurrently to a fine or confiscation of property and; if the circumstance is minor, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
A person who smuggles cultural relics, gold, silver or any 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 to a fine; and if the circumstance is minor, to fixed-term imprisonment of not more than five years and concurrently to a fine.
A person who 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, to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and concurrently to a fine.
A person who commits a crime under paragraph 1 or 2, if the circumstance is especially serious, shall be sentenced to life imprisonment or death and concurrently to confiscation of property.
If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the relevant paragraph of this Article.
Article 152
A person who, with a view of profit or dissemination, smuggles pornographic movies, videotapes, magnetic tapes, pictures, publications or any other pornographic articles, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if the circumstance is minor, to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 153
A person who smuggles goods or articles other than those mentioned in Article 151, 152 or 347 shall, depending on the seriousness of the circumstances, be sentenced respectively in accordance with the following provisions:
1. A person who smuggles goods or 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 to a fine of not less than one time and not more than five times of the tax payable or confiscation of property; and if the circumstance is especially serious, shall be sentenced in accordance with the provisions of paragraph 4 of Article 151 of this Law.
2. A person who smuggles goods or 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 to a fine of not less than one time and not more than five times of the tax payable; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than one time and not more than five times of the tax payable or confiscation of property.
3. A person who smuggles goods or 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 to a fine of not less than one time and not more than five times of the tax payable.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.
A person who repeatedly smuggles and goes unpunished shall be sentenced in accordance with the accumulated tax payable of the smuggled goods and articles.
Article 154
A person who commits any of the following acts of smuggling shall, if a crime is constituted according to the provisions of this Section, be convicted of a crime and sentenced in accordance with the provisions of Article 153 of this Law:
1. without approval of the Customs and without having paid the tax payable, to sell in the territory of China, with a view of profit, the 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 of the Customs and without having paid the tax payable, to sell in the territory of China, with a view of profit, the imported goods or articles specially designated for the reduction of or exemption from duties.
Article 155
The following acts shall be treated as the crime of smuggling and punished in accordance with the relevant provisions of this Section:
1. to purchase from smugglers, directly and illegally, the articles forbidden by the state from being imported, or other smuggled imported goods and articles which involve relatively large quantities or values; or
2. to transport, purchase or sell, in inland seas or territorial waters, the articles forbidden by the state from being imported or exported, or the goods and articles subject to state restrictions on import and export which involve relatively large quantities and values without legal certifications; or
3. to evade the Customs control and to transport the solid waste from abroad into China.
Article 156
A person who conspires with a criminal committing smuggling by offering the latter a loan, fund, account number, invoice or certificate, or by providing the latter with such conveniences as transportation, storage or mailing, shall be treated and sentenced as an accomplice in the crime of smuggling.
Article 157
A person who shields smuggling with armed force shall be sentenced heavily in accordance with the provisions of paragraphs 1 and 4 of Article 151 of this Law.
A person who, by means of violence or threat, resists the seizure of smugglers or smuggled goods shall be treated as the crime of smuggling and the crime of preventing state personnel from carrying out their functions according to law set forth in Article 277 of this Law and sentenced in accordance with the provisions on the combined punishment for several crimes.
Section 3 Crime of Disrupting the Order of Administering Companies and Enterprises
Article 158
A person who, in applying for registration of a company, reports falsely registered capital by using a false documentary evidence or any other manner of swindling, deceives the department in charge of registration of the company and obtains the registration shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 1% and not more than 5% of the amount of registered capital reported falsely if the amount of registered capital reported falsely is huge or the result is serious or any other serious circumstance exists.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 159
A company's initiator or shareholder who, in violation of the provisions of the Company Law, makes a false investment 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 be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 2% and not more than 10% of the amount of the capital provided falsely or drawn back if the amount involved is huge or the result is serious or any other serious circumstance exists.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 160
A person who, in issuing shares or bonds, conceals important facts or fabricates major false contents in the prospectuses, documents of subscription for shares or measures on raising bonds for a company or enterprise, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 1% and not more than 5% of the amount of the fund raised illegally if the amount involved is huge or the result is serious or any other serious circumstance exists.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit 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 public with a false financial and accounting report in which it conceals important facts, thus seriously prejudicing the interests of the shareholders or other persons, the person-in-charge directly responsible and other persons directly responsible of the company shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
Article 162
If a company or an enterprise, in the course of liquidation, hides property, records falsely in the balance sheet or detailed list of property, or distributes its property before payment of debts, thus seriously prejudicing the interests of the claimants or other persons, the person-in-charge directly responsible and other persons directly responsible of the company or enterprise shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
Article 163
A person of a company or an enterprise who takes advantage of his post to seek or accept illegally property from another person and makes profits for the latter shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the amount involved is relatively huge and; if the amount involved is especially huge, to fixed-term imprisonment of not less than five years and may concurrently be sentenced to confiscation of property.
A person of a company or an enterprise who, in the course of economic activities, accepts any rebate or commission for his own in violation of the state's regulations, shall be sentenced in accordance with the provisions of the preceding paragraph.
A person of a state-owned company or enterprise who engages in public service or a person who is sent by a state-owned company or enterprise to a non-state-owned company or enterprise to engage in public service shall, if committing an act under the two preceding paragraphs, be convicted of a crime and sentenced in accordance with the provisions of Article 385 or 386 of this Law.
Article 164
A person who, with a view of illegal gains, offers property to a person of a company or an enterprise, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the amount involved is huge and; if the amount involved is especially huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
A briber who confesses actively his bribery before being prosecuted may be given a mitigated punishment or be exempted from punishment.
Article 165
A director or manager of a state-owned company or enterprise who takes advantage of his post to do business which is the same as that of the company or enterprise for himself or for another person and to obtain illegally gains shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount involved is huge and; if the amount involved is especially huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
Article 166
A person of a state-owned company, enterprise or institution who takes advantage of his post to commit one 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, to a fine and; if an especially heavy loss of the state's interests is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:
1. to let his relative or friend to do profit-making business of his unit;
2. to purchase commodities at a price which is obviously higher than the market price from the unit run or managed by his relative or friend or to sell commodities at a price which is obviously lower than the market price to the unit run or managed by his relative or friend; or
3. to purchase substandard commodities from the unit run or managed by his relative or friend.
Article 167
A person-in-charge directly responsible of a state-owned company, enterprise or institution who, in the course of entering or performing a contract, is defrauded due to his serious neglect of duty, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a heavy loss of the interests of the state is caused and; if an especially heavy loss of the interests of the state is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 168
A person-in-charge directly responsible of a state-owned company or enterprise who practices favoritism or irregularity and causes bankruptcy or serious loss to the company or enterprise, thus causing 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
A person-in-charge directly responsible of a state-owned company or enterprise or its competent department at the higher level who practices favoritism or irregularity and converts the state-owned assets into shares at a low price or sells them at a low price, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a heavy loss of the state interests is caused and; if an especially heavy loss of the state interests is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Section 4 Crime of Disrupting the Order of Banking Administration
Article 170
A person who counterfeits currency shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and a person who is under one of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:
1. to be a principal member of a currency counterfeit group;
2. to counterfeit currency of an especially huge amount; or
3. to be under any other especially serious circumstances.
Article 171
A person who sells or purchases counterfeited currency or transports knowingly counterfeited currency shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
A person of a bank or any other financial institution who purchases counterfeited currency or takes advantage of his post 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 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, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan or confiscation of property; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan.
A person who counterfeits currency and sells or transports the counterfeited currency shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 170 of this Law.
Article 172
A person who holds or uses knowingly counterfeited currency shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan if the amount involved is relatively huge; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; and if the amount involved is especially huge, to fixed-term imprisonment of not less than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
Article 173
A person who alters currency shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan if the amount involved is relatively huge and; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
Article 174
A person who, without approval of the People's Bank of China, sets up a commercial bank or any other financial institution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.
A person who forges, alters or transfers a business permit of a commercial bank or any other financial institution shall be sentenced in accordance with the provisions of the preceding paragraph.
If a unit commits a crime under the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of paragraph 1.
Article 175
A person who illegally procures a credit loan from a financial institution and transfers it to another person in high interest for the purpose of profit through transferring a loan shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than one time and not more than five times of the illegal gains if the amount of illegal gains is relatively huge and; if the amount of illegal gains is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times of the illegal gains.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 176
A person who, illegally or in disguised form, absorbs savings deposits from the public, thus disturbing the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan and; if the amount involved is huge or there are other serious circumstances, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 177
A person who, under any of the following circumstances, forges or alters a financial document or certificate, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:
1. to forge or alter a promissory note, bill of exchange or check;
2. to forge or alter any other bank settlement instruments such as commission collection receipts, remittance receipts or bank deposit receipts;
3. to forge or alter letters of credit or accompanied notes or documents; or
4. to forge credit cards.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 178
A person who forges or alters treasury bills or any other securities issued by the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
A person who forges or alters stocks or bonds issued by a company or an enterprise shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan if the amount involved is relatively huge and; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
If a unit commits a crime under the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding two paragraphs.
Article 179
A person who, without approval of the relevant competent department, issues stocks or bonds of a company or an enterprise, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 1% and not more than 5% of the capital collected illegally if the amount involved is huge or the result is serious or any other serious circumstance exists.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 180
A person knowing inside information of securities transaction or a person obtaining illegally inside information of securities transaction who, prior to the information concerning issue of securities, transaction of securities or other information of great impact on the price of other securities is made public, buys or sells the said securities or reveals the information, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times of the illegal gains therefrom if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than one time and not more than five times of the illegal gains.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
The range of inside information shall be delimited in accordance with the provisions of laws and administrative regulations.
The range of persons knowing inside information shall be delimited in accordance with the provisions of laws and administrative regulations.
Article 181
A person who fabricates and disseminates false information of impact on transaction of securities and disturbs the transaction market of securities, thus causing serious results, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan.
A person of a stock exchange or a securities company, or a person of the securities institute or securities administrative department, who intentionally provides false information or forges, alters or destroys transaction records and inveigles investors into buying or selling securities, thus causing serious results, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan and; if the circumstance is especially flagrant, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
If a unit commits a crime under the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 182
A person who, under any of the following circumstances, rigs the transaction price of securities for unjustified profits or risk shift, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times of the illegal gains therefrom if the circumstance is serious:
1. to centralize, independently or conspiratorially, funds or stocks held to form advantages or taking advantage of information to buy or sell, jointly or continuously, in order to rig the transaction price of securities;
2. to perform, in collaboration with another person, mutually securities transaction or buying or selling mutually securities not being held yet according to the time, price and method agreed upon in advance, in order to affect the transaction price of securities or the transaction volume of securities;
3. to behave as the sole transaction partner and perform 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. to rig the transaction price of securities in any other way.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons responsible of the unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 183
A person of an insurance company who takes advantage of his post 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 convicted of a crime and sentenced in accordance with the provisions of Article 271 of this Law.
A person of a state-owned insurance company or a person being sent by a state-owned insurance company to a non-state-owned insurance company to perform public service shall, if committing any of the acts under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law.
Article 184
A person of a bank or any other financial institution who, 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 regulations and accepts rebate or commission and takes possession of it, shall be convicted of a crime and sentenced in accordance with the provisions of Article 163 of this Law.
A person of a state-owned financial institution or a person being sent by a state-owned financial institution to a non-state-owned financial institution to perform public service shall, if committing any of the acts under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 385 or 386 of this Law.
Article 185
A person of a bank or any other financial institution who, by taking advantage of his post, misappropriates his unit's or the client's funds, shall be convicted of a crime and sentenced in accordance with the provisions of Article 272 of this Law.
A person of a state-owned financial institution or a person being sent by a state-owned financial institution to a non-state-owned financial institution to perform public service who commits any of the acts under the preceding paragraph, shall be convicted of a crime and sentenced in accordance with the provisions of Article 384 of this Law. <
Article 186
A person of a bank or any other financial institution who, in violation of the provisions of a law or an administrative regulation, issues a credit loan or a guaranteed loan to his interested party with more favorable conditions than to other borrowers for the same kind of loans shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 10,000 yuan and not more than 100,000 yuan if a relatively huge loss is caused and; if a major loss is caused, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
A person of a bank or any other financial institution who, in violation of the provisions of a law or an administrative regulation, issues a loan to a person other than his interested party, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 10,000 yuan and not more than 100,000 yuan if a major loss is caused and; if an especially major loss is caused, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
If a unit commits a crime under the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding two paragraphs.
The range of the interested parties shall be delimited in accordance with the Commercial Bank Law of the People's Republic of China and relevant financial regulations.
Article 187
A person of a bank or any other financial institution who, with a view of profit and by the means of absorbing the funds of clients without entering into the account, uses the funds for lending or granting loans, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if a major loss is caused and, if an especially major loss is caused, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 188
A person of a bank or any other financial institution who, in violation of the regulations, offers another person a letter of credit or any other certificates of guarantee, negotiable instruments, certificates of deposit or certificates of credit status, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a relatively huge loss is caused and; if a major loss is caused, to fixed-term imprisonment of not less than five years.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 189
A person of a bank or any other financial institution who, 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 be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a major loss is caused and; if an especially major loss is caused, to fixed-term imprisonment of not less than five years.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 190
If a state-owned company or enterprise or any other state-owned unit which, in violation of the state's regulations, deposits foreign exchange outside China without approval or illegally transfers foreign exchange from China to the outside, and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 191 A person who knows clearly that the money is unlawful earnings and their profits obtained from the drug-related crime, crime committed by the group in the nature of criminal syndicates or crime of smuggling, and commits any of the following acts for the purpose of covering up or concealing its source and nature, shall be confiscated of the unlawful earnings and their profits obtained from the above-mentioned crimes, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 5% and not more than 20% of the sum of money laundered; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 5% and not more than 20% of the sum of money laundered:
1. to provide a fund account;
2. to assist in transforming the property into cash or financial documents;
3. to assist in transferring funds by means of transferring accounts or other means of settling accounts;
4. to assist in remitting funds to any place outside China; or
5. to cover up or conceal the source and nature of unlawful earnings from crimes and profits thereof by any other means.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Section 5 Crime of Financial Fraud
Article 192
A person who, for the purpose of illegal possession, collects capital illegally by means of swindling, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
Article 193
A person who, under any of the following circumstances and for the purpose of illegal possession, swindles a loan of a bank or any other financial institution, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:
1. to fabricate false reasons such as introduction of a fund or project;
2. to use a false economic contract;
3. to use a false documentary evidence;
4. to use a false property certificates as guarantee or guarantee repeatedly by exceeding the value of security; or
5. to swindle a loan by any other manner.
Article 194
A person who, under any of the following circumstances, conducts swindling activities of financial bills, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:
1. knowingly to use a forged or an altered promissory note, bill of exchange or check;
2. knowingly to use an invalid promissory note, bill of exchange or check;
3. falsely to use other's promissory note, bill of exchange or check as his own;
4. to issue bounced checks or checks on which signatures are inconsistent with their reserved ones to defraud property; or
5. the drawer of promissory note or bill of exchange who issues the promissory note or bill of exchange without security of funds or produce a false record on the note or bill to defraud property.
A person who uses forged or altered other bank settlement receipts such as commission collection receipts, remittance receipts and bank deposit receipts shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 195
A person who, under any of the following circumstances, 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 to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:
1. to use a forged or an altered letter of credit or attached note or document;
2. to use an invalid letter of credit;
3. to defraud a letter of credit; or
4. to conduct swindling activities of letters of credit by any other manner.
Article 196
A persons who, under any of the following circumstances, conducts swindling activities of credit cards, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:
1. to use a forged credit card;
2. to use an invalid credit card;
3. falsely to use any other's credit card as his own; or
4. to overdraw through malice.
To overdraw through malice mentioned in the preceding paragraph means an act that, for the purpose of illegal possession, a card holder overdraws by exceeding the prescribed amount limit or time limit and fails to return the money after the bank issuing the card urges him to pay it.
A person who steals and uses a credit card shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.
Article 197
A person who conducts swindling activities by using forged or altered treasury bills or any other securities issued by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
Article 198
A person who, under any of the following circumstances, conducts swindling activities of insurance, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 10,000 yuan and not more than 100,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan or confiscation of property:
1. An insurance policy holder intentionally fabricates the object of insurance to defraud the insurance money;
2. An insurance policy holder, insurant or a beneficiary fabricates false reasons for or exaggerate the degree of loss on an insurance accident which has happened to defraud the insurance money;
3. An insurance policy holder, insurant or a beneficiary fabricates an insurance accident which never happens to defraud the insurance money;
4. An insurance policy holder or insurant intentionally causes an insurance accident with property loss to defraud the insurance money; or
5. An insurance policy holder or a beneficiary intentionally causes death, injury, disability or disease of the insurant to defraud the insurance money.
A person who commits an act listed in sub-paragraph 4 or 5 of the preceding paragraph and also constitutes any other crimes shall be sentenced in accordance with the provisions on combined punishment for several crimes.
If a unit commits a crime under paragraph 1, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years.
A verifier, witness or property assessor of insured event who intentionally makes a false documentary evidence and provides conditions for another person to swindle shall be sentenced as an accomplice of insurance swindling.
Article 199
A person who commits a crime set forth in Article 192, 194 or 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 to confiscation of property.
Article 200
If a unit commits a crime set forth in Article 192, 194 or 195 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.
Section 6 Crime of Jeopardizing the Administration of Tax Collection
Article 201
A 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 approval, or overstating expenses or omitting or understating incomes in accounting books, or refusing to fill a tax declaration after notification by the tax authority, or filling a false tax declaration, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of tax evaded if the amount of tax evaded amounts to not less than 10% and not more than 30% of the amount of tax payable 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 authority for tax evasion; and if the amount of tax evaded amounts to not less than 30% of the tax payable and the amount of tax evaded is not less than 100,000 yuan, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax evaded.
A withholding agent who, by means listed in the preceding paragraph, fails to pay or underpays the tax which has been withheld or collected shall, if the amount involved amounts to not less than 10% of the amount of tax payable and is not less than 10,000 yuan, be sentenced in accordance with the provisions of the preceding paragraph.
A person who has repeatedly committed an act under the preceding two paragraphs without having been subjected to punishment shall be sentenced on the basis of the accumulated amount.
Article 202
A person who 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 to a fine of not less than one time and not more than five times the amount of tax he has refused to pay; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax he has refused to pay.
Article 203
A taxpayer failing to pay tax who uses the means of transferring or concealing his property, thus resulting in the tax authority's inability to pursue the tax in arrears, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times the amount of tax in arrears if the amount involved is not less than 10,000 yuan and not more than 100,000 yuan; and if the amount involved is not less than 100,000 yuan, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax in arrears.
Article 204
A person who obtains fraudulently from the state a tax refund for exports by filling a false export declaration or any other deceptive means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained or confiscation of property.
A taxpayer who, after paying tax, obtains fraudulently the tax he has paid by using deceptive means mentioned in the preceding paragraph, shall be convicted of a crime and sentenced in accordance with the provisions of Article 201 of this Law; and if the amount of the tax fraudulently obtained exceeds the tax paid, shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 205
A person who falsely fills out value-added tax invoices or any other invoices 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 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 any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved in the falsification of the invoices is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
A person who commits an act under the preceding paragraph and obtains fraudulently tax from the state shall be sentenced to life imprisonment or death and concurrently to confiscation of property if the amount involved is especially huge, the circumstance is especially serious and an especially great loss is caused to the state.
If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it 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 any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years; and if the amount involved in the falsification of the invoices is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.
To falsely fill out value-added tax invoices or any other invoices for obtaining fraudulently tax refunds on exported items or tax deduction means an act involving falsely filling out the invoices for oneself or for another person, allowing another person to falsely fill out the invoices for oneself or introducing another person to the action of falsely filling out the invoices.
Article 206
A person who 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 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 any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
A person who counterfeits and sells counterfeited value-added tax invoices shall, if the amount involved is especially huge, the circumstance is especially serious and the economic order has been thereby undermined seriously, be sentenced to life imprisonment or death and concurrently to confiscation of property.
If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it 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 any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 207
A person who 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 to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is relatively huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is huge, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
Article 208
A person who 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, to a fine of not less than 20,000 yuan and not more than 200,000 yuan.
A person who illegally purchases value-added tax invoices or purchases counterfeited value-added tax invoices and then falsely fills out or sells such invoices shall be convicted of a crime and sentenced respectively in accordance with the provisions of Article 205, 206 or 207 of this Law.
Article 209
A person who counterfeits or produces without approval any other 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 to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge, to fixed-term imprisonment of not less than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.
A person who counterfeits or produces without approval any invoices other 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, to a fine of not less than 10,000 yuan and not more than 50,000 yuan; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.
A person who illegally sells any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction shall be sentenced in accordance with the provisions of paragraph 1.
A person who illegally sells any invoices other than those mentioned in paragraph 3 shall be sentenced in accordance with the provisions of paragraph 2.
Article 210
A person who steals value-added tax invoices or any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.
A person who obtains value-added tax invoices or any other invoices which may be used for obtaining fraudulently tax refunds or tax deduction through deceptive means shall be convicted of a crime and sentenced in accordance with the provisions of Article 266 of this Law.
Article 211
If a unit commits a crime set forth in Article 201, 203, 204, 207, 208 or 209 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.
Article 212
If a person commits a crime set forth in Article 201 to 205 of this Section and is sentenced to a fine or confiscation of property, the tax authority shall first pursue for the payment of tax or tax refunds which has been obtained fraudulently before the execution.
Section 7 Crime of Infringing upon Intellectual Property
Article 213
A person who, without a permission of a registered trademark owner, uses a trademark identical with the latter's registered trademark on the same kind of goods, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
Article 214
A person who knowingly sells goods bearing counterfeited registered trademark shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount of the sale is relatively huge and; if the amount of the sale is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
Article 215
A person who forges or makes without approval representations of a registered trademark of another person or sells representations of a registered trademark which is forged or made without approval shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
Article 216
A person who forges another person's patent shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.
Article 217
A person who, with a view of profit, commits any of the following acts of infringing upon copyright, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount of illegal gains is relatively huge or any other serious circumstance exists; and if the amount of illegal gains is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:
1. to reproduce and distribute, without the permission of a copyright owner, a written work or musical, cinematic, television or video work, or computer software or any other work of the latter;
2. to publish a book of which another person has the exclusive publishing right;
3. to reproduce and distribute, without the permission of a phonogram or videogram producer, a phonogram or videogram produced of the latter; or
4. to produce and sell a work of art bearing the forged signature of another person.
Article 218
A person who, with a view of profit, sells those which he well knows infringing reproductions specified in Article 217 of this Law, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the amount of his illegal gains is huge.
Article 219
A person who commits any of the following acts of infringing upon business secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if a heavy loss of the person who enjoys the right of the business secret is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:
1. to acquire business secret of a person who enjoys the right by stealing, lure, force or any other improper means;
2. to reveal, use or permit another person to use the business secret of the person who enjoys the right acquired by means specified in the preceding paragraph; or
3. to reveal, use or permit another person to use the business secret held by him in violation of the agreement or the demand of the person who enjoys the right on protection of the business secret.
A person who acquires, uses or reveals another person's business secret which he knows or ought to know the act listed in the preceding paragraph shall be deemed an act of infringement upon business secrets.
Business secrets mentioned in this Article mean the technical information and management information which are unknown by the public, can bring economic profits to the person who enjoys the right, is of utility and has been taken classified measures by the person who enjoys the right.
The person who enjoys the right mentioned in this Article refers to the owner of business secret or the user of business secret who is permitted by the owner of business secret.
Article 220
If a unit commits a crime set forth in Article 213 to 219 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.
Section 8 Crime of Disturbing Market Order
Article 221
A person who fabricates and disseminates false facts to impair commercial goodwill or merchandise reputation of another person, thus causing a heavy loss to the latter or any other serious circumstance, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine.
Article 222
An advertiser, advertising operator or advertising publisher who, in violation of the state's regulations, uses advertisements to conduct false propaganda on merchandise or service, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine if the circumstance is serious.
Article 223
A bidder who informs mutually the quoted price of a bid in collaboration to harm the interests of the bid inviter or another bidder shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.
A bidder and a bid inviter who act in collaboration in bidding, thus harming the legitimate interests of the state, collective or citizen, shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 224
A person who, under any of the following circumstances, obtains fraudulently the property of the other party for the purpose of illegal possession in the course of signing or performing a contract, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property:
1. to sign a contract in the name of a false unit or another person;
2. to use a forged, altered or invalid bill or any other false certificate of property rights as guarantee;
3. to trap the other party to go on signing or performing the contract by means of performing in advance a petty contract or making part performance in a case of incapability of making full performance practically;
4. to flee after receiving the goods, payment for goods, payment in advance or guaranteed property; or
5. to obtain fraudulently property of the other party by any other means.
Article 225
A person who, in violation of the state's regulations, commits any of the following acts of illegal business operations, thus disturbing the market order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times the illegal gains therefrom if the circumstance is serious and, if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than one time and not more than five times the illegal gains therefrom or confiscation of property:
1. to trade, without permission, in a monopolized, exclusive sale or restricted commodity which is defined by laws or administrative regulations;
2. to buy or sell an import or export license, import or export origin certificate or any other business permit or approval document which is defined by laws or administrative regulations; or
3. to commit any other act of illegal business operations which disturbs seriously the market order.
Article 226
A person who, by means of violence or threat, buys or sells a commodity, or forces others to provide or accept service, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.
Article 227
A person who counterfeits tickets for vehicles or ships, postage stamps or any other valuable tickets or resells such tickets shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than one time and not more than five times the sum of the tickets or stamps if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the sum of the tickets or stamps.
A person who resells tickets for vehicles or ships shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than one time and not more than five times the sum of the tickets.
Article 228
A person who, with a view of profit and in violation of laws or regulations on land administration, illegally transfers or resells the right for land use, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 5% and not more than 20% the sum obtained through transfer or sale of the right for land use if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than 5% and not more than 20% the sum obtained through transfer or sale of the right for land use.
Article 229
A person of an intermediary organization performing such functions as evaluation of assets, examination of assets, examination of certificates, accounting, auditing, legal service, who provides intentionally a false documentary evidence, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if the circumstance is serious.
A person set out in the preceding paragraph who extorts another person's property or accepts illegally another person's property, thus committing a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.
A person set out in paragraph 1 who neglects his duty seriously and provides a documentary evidence which is seriously inconsistent with the fact, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine.
Article 230
A person who, in violation of the provisions of the Law on Import and Export Commodity Inspection, evades commodity inspection, sells or uses, without approval, an import commodity which must be inspected by the commodity inspection agency but fails to do so, or exports, without approval, an export commodity which must be inspected by the commodity inspection agency but fails to do so or to pass the inspection, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.
Article 231
If a unit commits a crime set forth in Article 221 to 230 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.
Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right
Article 232
A person who intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years; and if the circumstance is relatively minor, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 233
A person who 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; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years. Where this Law has other provisions, such provisions shall govern.
Article 234
A person who 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.
A person who commits a crime under the preceding paragraph and 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; and if causing another person's death or, by especially cruel means, causing severe bodily injury to another person, thus resulting in severe deformity, 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 govern.
Article 235
A person who negligently injures another person and causes severe bodily injury to the latter 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 govern.
Article 236
A person who rapes a woman by force, threat or any other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
A person who has sexual relations with a girl under the age of fourteen years shall be deemed to have committed rape and shall be sentenced heavily.
A person who, under any of the following circumstances, 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. to rape a woman or to have sexual relations with a girl with flagrant circumstances;
2. to rape several women or to have sexual relations with several girls;
3. to rape a woman in a public place;
4. to rape the same victim in succession by two or more persons; or
5. to cause severe bodily injury or death of the victim or any other serious result.
Article 237
A person who acts indecently towards or insults a woman by force, threat or any other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
A person who, by means of gathering a crowd or in the public place and in public, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years.
A person who acts indecently towards a child shall be sentenced heavily in accordance with the provisions of the preceding two paragraphs.
Article 238
A person who unlawfully detains another person or deprives another person of his personal freedom by any other means 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, a heavier sentence shall be imposed.
A person who commits a crime under the preceding paragraph, thus causing 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; and if causing death of another person, to fixed-term imprisonment of not less than ten years. A person who, with resort to force, causes another person's deformity or death, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law.
A person who, for the purpose of extorting the payment of debts, unlawfully distrains or detains another person, shall be sentenced in accordance with the provisions of the preceding two paragraphs.
A public servant of a state organ who takes advantage of his post and commits a crime under the preceding three paragraphs shall be sentenced heavily in accordance with the provisions of the preceding three paragraphs.
Article 239
A person who kidnaps another person with a view of money or hostage shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if causing death of the kidnapped person or killing the kidnapped person, to death and concurrently to confiscation of property.
A person who steals an infant or a baby with a view of money shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 240
A person who 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 to a fine; under any of the following circumstances, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if the circumstance is especially serious, to death and concurrently to confiscation of property:
1. to be a ringleader of a group engaged in the abduction of and trafficking in women or children;
2. to abduct and trafficking in three or more women and/or children;
3. to rape a woman who is abducted and trafficked in;
4. to entice or force a woman who is abducted and trafficked in to engage in prostitution, or to sell such woman to another person who will force the woman to engage in prostitution;
5. to kidnap, for the purpose of selling the victim, a woman or a child by means of violence, threat or anaesthesia;
6. to steal, for the purpose of selling the victim, an infant or a baby;
7. to cause severe bodily injury or death or any other serious result of a woman or child who is abducted and trafficked in or of her relative; or
8. to sell a woman or child out of the territory of China.
Abducting and trafficking in a woman or child means an act of abducting, kidnapping, buying, trafficking in, fetching or sending, or transferring a woman or child for the purpose of selling the victim.
Article 241
A person who buys a woman or 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.
A person buying a woman who is abducted and trafficked in shall, if having sexual relations with her against her will, be convicted of a crime and sentenced in accordance with the provisions of Article 236 of this Law.
A person buying a woman or child who is abducted and trafficked in shall, if illegally depriving or restricting her/his personal freedom or committing a criminal act of injuring or insulting, be convicted of a crime and sentenced in accordance with the relevant provisions of this Law.
A person buying a woman or child who is abducted and trafficked in shall, if committing a criminal act set forth in paragraph 2 or 3, be sentenced in accordance with the provisions on combined punishment for several crimes.
A person buying a woman or child who is abducted and trafficked in shall, if selling the victim afterwards, be convicted of a crime and sentenced in accordance with the provisions of Article 240 of this Law.
A person buying a woman or child who is abducted and trafficked in may, if not obstructing the woman from returning to her original place of residence according to her will or not maltreating the child or not obstructing his or her rescue, be exempted from being investigated for criminal responsibility.
Article 242
A person who, by violence or threat, obstructs public servants of the state organ from rescuing a woman or child who has been bought, shall be convicted of a crime and sentenced in accordance with the provisions of Article 277 of this Law.
A ringleader who, by means of gathering a crowd, obstructs public servant of the state organ from rescuing a woman or child who has been bought, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and any other participant who adopts the means of violence or threat shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 243
A person who fabricates facts to implicate another person on false charges for the aim that the latter is prosecuted as a criminal shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, if the circumstances are serious; and if causing serious results, to fixed-term imprisonment of not less than three years and not more than ten years.
A public servant of a state organ who commits a crime under the preceding paragraph shall be sentenced heavily.
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 an employing unit, in violation of laws or regulations on labor administration, forces an employee to work by means of restriction of personal freedom, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.
Article 245
A person who 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.
A judicial officer who abuses his power and commits a crime under the preceding paragraph shall be sentenced heavily.
Article 246
A person who insults in public another person by violence or any other means or fabricates facts to slander another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights if the circumstance is serious.
The crime under the preceding paragraph shall be handled only upon complaint, except where serious harm has been done to the social order and to the state's interests.
Article 247
A judicial officer 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. A judicial officer who causes another person's deformity or death shall be sentenced heavily in accordance with the provisions of Article 234 or 232 of this Law.
Article 248
A person of a surveillance and control organ such as prison, detention center or watch house subjects the person under surveillance and control to battery or corporal punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years. If causing deformity or death of another person, the offender shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 234 or 232 of this Law.
A person responsible for surveillance and control who instigates the person under surveillance and control to subject other person under surveillance and control to battery or corporal punishment shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 249
A person who incites national hatred or national discrimination shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 250
Where a publication carries contents involving discriminating or insulting minority nationalities, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is flagrant and a serious result is caused.
Article 251
A public servant of a state organ who unlawfully deprives a citizen of his freedom of religious belief or infringes upon the customs and habits of minority nationalities shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention if the circumstance is serious.
Article 252
A person who conceals, destroys or unlawfully opens another person's letter, thus infringing upon the citizen's right to freedom of correspondence, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention if the circumstance is serious.
Article 253
A 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.
A postal worker who commits a crime under the preceding paragraph for stealing property shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 264 of this Law.
Article 254
A public servant of a state organ who abuses his power, using his public offices for private gains, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and more than seven years.
Article 255
A leader of a company, an enterprise, institution, organ or a public organization who attacks or retaliates against an accountant or a statistician who performs his duty according to law and refuses the acts which are contrary to the Accounting Law or Statistics Law, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is flagrant.
Article 256
A person who, in the course of electing the representatives of people's congresses at any level 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 be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights if the circumstance is serious.
Article 257
A person who 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.
A person who commits a crime under the preceding paragraph, thus causing the victim's death, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.
The crime under paragraph 1 shall be handled only upon complaint.
Article 258
A person who has a spouse and commits bigamy or who marries another person while clearly knowing that the latter has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 259
A person who cohabits with or marries another person while clearly knowing that the latter 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.
A person who takes advantage of his post 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 convicted of a crime and sentenced in accordance with the provisions of Article 236 of this Law.
Article 260
A person who maltreats a member of his family shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if the circumstance is flagrant.
A person who commits a crime under the preceding paragraph, thus causing serious injury or death to the victim, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.
The crime under paragraph 1 shall be handled only upon complaint.
Article 261
A person who refuses his proper duty to support an aged person, minor, sick person or any other person who can not live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstance is flagrant.
Article 262
A person who abducts a child under the age of fourteen years, thus 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 Crime of Encroaching on Property
Article 263
A person who, by force, threat or any other manner, takes public or private property, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine and; under any of the following circumstances, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine or confiscation of property:
1. to enter a house owned by another person for robbery;
2. to commit robbery in a means of public transport;
3. to rob a bank or any other financial institution;
4. to commit robbery for several times or with a large amount of property;
5. to cause serious injury or death to another person while committing robbery;
6. to commit robbery by passing himself off as a servicemen or a policeman;
7. to hold a gun to commit robbery; or
8. to rob military supplies or goods and materials that are allocated for emergencies, disaster relief or social relief.
Article 264
A person who 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, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and under any of the following circumstances, to life imprisonment or death and concurrently to confiscation of property:
1. to steal property with an especially huge amount from a financial institution; or
2. to steal rare and precious cultural relics with serious circumstances.
Article 265
A person who, with a view of profit, 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 convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.
Article 266
A person who 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, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property. Where this Law has other provisions, such provisions shall govern.
Article 267
A person who 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, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.
A person who holds lethal weapons to seize forcibly property shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law.
Article 268
A ringleader or an active participant who gets together a crowd to commit open plunder 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 to a fine, if the amount involved is relatively huge or any other serious circumstance exists; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
Article 269
A person committing a crime of theft, fraud or forcible seizure who uses or threatens to use violence on the spot in order to conceal booty, resist detention or arrest or destroy criminal evidence, shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law.
Article 270
A person who illegally takes possession of another person's property which is taken care of by him for the latter shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine if the amount involved is relatively huge and the offender refuses to return it; and if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than two years and not more than five years and concurrently to a fine.
A person who illegally takes possession of property which is lost or buried underground by another person shall be sentenced in accordance with the provisions of the preceding paragraph if the amount involved is relatively huge and the offender refuses to return it.
The crime under this Article shall be handled only upon complaint.
Article 271
A person of a company, an enterprise or any other unit, who takes advantage of his post to illegally take possession of property of his unit, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than five years, and concurrently may be sentenced to confiscation of property.
A person performing public service of a state-owned company or enterprise or any other state-owned unit, or a person performing public service who are sent by a state-owned company or enterprise or any other state-owned unit to a non-state-owned company, enterprise or any other unit shall, if committing an act under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law.
Article 272
A person of a company, an enterprise or any other unit, who takes advantage of his post to misappropriate his unit's funds for himself or to lend them to another person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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-seeking activities or illegal activities; and if the offender misappropriates a huge amount of funds of his unit or fails to return them though the amount involved is relatively huge, to fixed-term imprisonment of not less than three years and not more than ten years.
A person performing public service of a state-owned company or enterprise or any other state-owned unit, or a person performing public service who are sent by a state-owned company or enterprise or any other state-owned unit to a non-state-owned company, enterprise or any other unit shall, if committing an act under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 384 of this Law.
Article 273
A person directly responsible who misappropriates funds or articles 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 be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious and major harm to the interests of the state and the people is caused; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 274
A person who extorts money or other public or private property by blackmail 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; and if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 275
A person who intentionally destroys public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the amount involved is relatively huge or any other serious circumstance exists; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 276
A person who, for purpose of retaliation or from spite or any other personal motive, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Chapter VI Crime of Disrupting the Order of Social Administration
Section 1 Crime of Disturbing the Public Order
Article 277
A person who, by means of force or threat, obstructs a public servant of a state organ to perform his duty according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
A person who, by means of force or threat, obstructs a representative of the National People's Congress or a local people's congress at any level to perform his duty related to the representative according to law shall be sentenced in accordance with the provisions of the preceding paragraph.
A person who, during a natural disaster or unexpected incident and by means of force or threat, obstructs a person of the Red Cross to perform his duty according to law shall be sentenced in accordance with the provisions of paragraph 1.
A person who intentionally obstructs a state security organ or a public security organ to carry out the tasks of state security without resorting to force or threat shall be sentenced in accordance with the provisions of paragraph 1 if a serious result is caused.
Article 278
A person who 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; and if a serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 279
A person who poses as a public servant of a state organ for the purpose of practicing fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
A person who poses as a people's policeman for the purpose of practicing fraud shall be sentenced heavily in accordance with the provisions of the preceding paragraph.
Article 280
A person who forges, alters, buys or sells, steals, forcibly seizes or destroys the official document, certificate or seal 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
A person who forges the seal 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.
A person who forges or alters the identity card of a resident shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 281
A person who illegally produces, buys or sells uniforms for the people's police, license plate for the police vehicle or any other special-use sign or police equipment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 282
A person who, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
A person who illegally holds a document, material or any other article involving state most confidential or classified information and refuses to explain its source and purpose of use shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 283
A person who 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
A person who illegally uses apparatus for special use of wiretapping or photographing secretly shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if a serious result is caused.
Article 285
A person who, in violation of the state's regulations, invades a computer information system involving the fields of state affairs, national defense 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
A person who, in violation of the state's regulations, deletes, amends, adds or disturbs functions of a computer information system and causes the computer information system's inability to work normally, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the result is serious; and if the result is especially serious, to fixed-term imprisonment of not less than five years.
A person who, in violation of the state's regulations, conducts operations of deletion, amendment or addition towards data or application programs which are stored, disposed of or transmitted in a computer information system shall be sentenced in accordance with the provisions of the preceding paragraph if the result is serious.
A person who intentionally makes or disseminates computer virus or any other destructive program, thus affecting the normal operation of a computer information system, shall be sentenced in accordance with the provisions of paragraph 1 if the result is serious.
Article 287
A person who uses a computer to practice a financial fraud, theft, embezzlement, misappropriation of public money, to steal state secrets or to commit any other crime, shall be convicted of a crime and sentenced in accordance with the relevant provisions of this Law.
Article 288
A person who, in violation of the state's regulations and without approval, establishes or uses a wireless radio station, or occupies frequency or refuses to stop his act after being ordered to stop, thus disturbing the normal operation of wireless communication and causing serious results, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 289
A person who gathers a crowd for "beating, smashing and looting", thus causing deformity or death to another person, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law. If public or private property are destroyed or forcibly taken, the ringleaders shall be convicted of a crime and sentenced in accordance with 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 the social order, if the circumstance is so serious that work, production, business, education or scientific research cannot be conducted and a serious loss is caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and 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 a state organ and makes it impossible to conduct its work and a serious loss is caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and 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 the order at a station, port, civil airport, marketplace, public park, theatre, cinema, exhibition hall, sports ground or any other public place, or an assembled crowd blocks traffic or undermines the traffic order or resists or obstructs public security administration personnel of the state from carrying out their duties according to law, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstance is serious.
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; and under any of the following circumstances, 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. to gather a crowd to engage in affrays for several times;
2. to gather a crowd to engage in affrays involving many persons and on large scale, thus causing a flagrant social influence;
3. to gather a crowd to engage in affrays in a public place or on a main traffic road, thus causing a serious disturbance of social order; or
4. to gather a crowd to engage in affrays with weapons.
A person who gathers a crowd to engage in affrays, thus causing a serious injury or death to another person, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law.
Article 293
A person who commits any of the following acts of creating disturbance, thus undermining the social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
1. to beat another person at will and with a flagrant circumstance;
2. to pursue, intercept or abuse another person with a flagrant circumstance;
3. to extort forcibly or at will, destroy or possess public or private property with a serious circumstance; or
4. to boo and hoot and make trouble in a public place, thus causing serious disturbance therein.
Article 294
A person who organizes, leads and actively participates in an organization of criminal syndicate which conducts an organized activity of offence or crime by violence, threat or any 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; and other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
A person of an organization of criminal syndicate abroad comes to the territory of 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.
A person who commits a crime under the preceding two paragraphs and also commits any other crime shall be sentenced in accordance with the provisions on combined punishment for several crimes.
A public servant of a state organ who protects an organization with characters of criminal syndicate or connives at such an organization's committing activities of offence or crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 295
A person who 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 circumstance is serious, to fixed-term imprisonment of not less than five years; and if the circumstance is especially serious, to life imprisonment or death.
Article 296
If 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 if 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, thus undermining the social order seriously, the persons-in-charge of the assembly, procession or demonstration and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Article 297
A person who, in violation of the provisions of law, carries a weapon, controlled cutting tool or explosive to participate in an assembly, a procession or a demonstration, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention public surveillance or deprivation of political rights.
Article 298
A person who disturbs, breaks into or undermines by any other means an assembly, a procession or a demonstration organized according to law, thus causing 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
A person who intentionally desecrates the National Flag or the National Emblem of the People's Republic of China in a public place by such manners as 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
A person who organizes or uses a superstitious sect or secret society or an evil religious organization 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; and if the circumstance is especially serious, to fixed-term imprisonment of not less than seven years.
A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to deceive another person and causes death of another person shall be sentenced in accordance with the provisions of the preceding paragraph.
A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to rape a woman or defraud property shall be convicted of a crime and sentenced respectively in accordance with the provisions of Article 236 or 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.
A person who lures a minor to join a crowd engaging in licentious activities shall be sentenced heavily in accordance with the provisions of the preceding paragraph.
Article 302
A person who 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
A person who, with a view of profit, assembles a crowd to engage in gambling, establishes a place for gambling or makes gambling his business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine.
Article 304
A postal worker who neglects his duty seriously and delays intentionally delivery of mails, thus causing a heavy loss to the public property or 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 Crime of Impairing Judicial Activities
Article 305
A witness, expert witness, recorder or interpreter who, in the course of criminal procedures, intentionally gives a false evidence or makes a false expert evaluation, record or interpretation concerning circumstances that bear an important relation to a case, for the purpose of framing another person or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 306
A defender or an agent ad litem who, in the course of criminal procedures, destroys or forges evidence, assists the party concerned in destroying or forging evidence, threatens or lures a witness to, contrary to the facts, change testimony or provide false evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Where the testimony or other evidences provided, produced or cited by a defender or an agent ad litem is substantiated but not forged intentionally, it shall not been deemed to forge evidence.
Article 307
A person who, by violence, threat, bribe or any other manner, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
A person who assists the party concerned to destroy or forge evidence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.
A judicial officer who commits a crime under the preceding two paragraphs shall be sentenced heavily.
Article 308
A person who carries on retaliatory attacks against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 309
A person who gathers a crowd to make trouble in or assault a tribunal or beats a judicial officer, thus disturbing 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
A person who, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
A conspirator to a crime under the preceding paragraph shall be sentenced as for a joint crime.
Article 311
A person who, 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 be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is serious.
Article 312
A person who, 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, to a fine.
Article 313
A person who refuses to carry out a legally effective judgment or order of a people's court while he has ability to do so shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the circumstance is serious.
Article 314
A person who conceals, transfers, sells or intentionally destroys the property that has been sealed up, distrained or frozen by a judicial organ shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the circumstance is serious.
Article 315
A criminal who commits any of the following acts of undermining the control and surveillance order after being held in custody according to law shall be sentenced to fixed-term imprisonment of not more than three years if the circumstance is serious:
1. to beat a person in charge of control and surveillance;
2. to organize other persons under control and surveillance to undermine the order of control and surveillance;
3. to gather a crowd to make trouble and to disturb the normal order of control and surveillance; or
4. to beat or corporally punish, or to incite others to beat or corporally punish other persons under control and surveillance.
Article 316
A 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.
A person who 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; and if the circumstance is serious, to fixed-term imprisonment of not less than seven years.
Article 317
A ringleader who organizes to flee from a prison or active participants 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.
A ringleader who flees from a prison by insurrection or raids a prison by means of gathering a crowd and holding tools or active participants shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstance is especially serious, to death; and other participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Section 3 Crime of Impairing Control of the Border (Frontier)
Article 318
A person who organizes another person to secretly cross the border (frontier) shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine or confiscation of property:
1. to be a ringleader of a group which organizes other persons to secretly cross the border(frontier) ;
2. to organize other persons to secretly cross the border(frontier) for many times or organizing many persons to secretly cross the border(frontier);
3. to cause severe bodily injury or death to the organized person;
4. to deprive or limit personal freedom of the organized person;
5. to resist the inspection by means of force or threat;
6. to get a huge amount of illegal gains; or
7. to have any other especially serious circumstance.
A person who commits a crime under the preceding paragraph and commits any other criminal act of killing, injuring, raping or selling the organized person, or killing or injuring the inspector, shall be sentenced in accordance with the provisions on combined punishment for several crimes.
Article 319
A person who, in the name of labor export, foreign trade or others, deceptively gets a passport, visa or any other exit certificate for the use of organizing another person to secretly cross the border(frontier) shall be sentenced to fixed-term imprisonment of not more than three years and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 320
A person who provides another person with a forged or altered exit and entry certificate such as passport, visa, or sells an exit and entry certificate such as passport, visa, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and concurrently to a fine.
Article 321
A person who transports another person to secretly cross the border(frontier) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine:
1. to transport other persons for many times or to transport many persons;
2. to use a traffic means such as vessel or vehicles which is lack of necessary safe conditions and it is sufficient to cause severe results;
3. to get a huge amount of illegal gains; or
4. to have any other especially serious circumstance.
A person who, during the transportation, causes severe bodily injury or death to the transported person 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 to a fine.
A person who commits a crime under the preceding two paragraphs and commits any other criminal act of killing, injuring, raping or selling the transported person or killing or injuring the inspector, shall be sentenced in accordance with the provisions on combined punishment for several crimes.
Article 322
A person who, in violation of laws and regulations on control of the border(frontier), secretly crosses the border(frontier), shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and concurrently to a fine, if the circumstance is serious.
Article 323
A person who intentionally damages the boundary tablets, 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 Crime of Impairing Control of Cultural Relics
Article 324
A person who intentionally damages precious cultural relics under state protection or cultural relics of a designated major site to be protected at the national level or of a site to be protected for historical and cultural value at the provincial level shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
A person who intentionally damages a historic site or scenic spot under state protection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine if the circumstance is serious.
A person who negligently damages precious cultural relics under state protection or cultural relics of a designated major site to be protected at the national level or of a site to be protected for historical and cultural value at the provincial level shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused.
Article 325
A person who, in violation of laws and regulations on protection of cultural relics, sells or denotes without authorization to a foreigner 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 under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 326
A person who, with a view of profit, resells the cultural relics which are forbidden by the state from being sold or bought shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 327
If such a unit as the state-owned museum or library, in violation of laws or regulations on protection of cultural relics, sells or denotes, without approval, 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 concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 328
A person who 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 to a fine; if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine or confiscation of property:
1. to excavate and rob a site of ancient culture or ancient tomb which is designated as the major site to be protected for its historical and cultural value at the national level or at the provincial level;
2. to be the ringleader of a gang engaged in excavating and robbing sites of ancient culture or ancient tombs;
3. to excavate and rob sites of ancient culture or ancient tombs for many times; or
4. to excavate a site of ancient culture or ancient tomb and to rob valuable cultural relics therein or to cause serious damage to valuable cultural relics therein.
A person who excavates and robs fossils of ancient human being or ancient spined animals of scientific value shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 329
A person who seizes forcibly or steals state-owned archives shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
A person who, in violation of the provisions of the Archives Law, sells or transfers, without approval, the state-owned archives, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.
A person who commits an act under the preceding two paragraphs and simultaneously commits any other crime set forth in this Law shall be convicted of a crime and sentenced in accordance with the provisions with a heavier punishment.
Section 5 Crime of Jeopardizing Public Health
Article 330
A person who, in violation of the provisions of the Law on the Prevention and Treatment of Infectious Diseases, causes the spread or a great risk of the spread of an infectious disease of Class A under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years:
1. to fail to supply by a water supply unit the water in conformity to the hygienic standards for drinking water set by the state;
2. to refuse to give disinfection treatment, according to the sanitary requirements proposed by a health and anti-epidemic agency, to sewage, wastes and seces contaminated with the pathogen of infectious diseases;
3. to permit or connive 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 of the State Council because of the likelihood of causing a spread of infectious diseases; or
4. to refuse to implement preventive and control measures proposed by a health and anti-epidemic agency according to the Law on the Prevention and Treatment of Infectious Diseases.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
The range of infectious diseases of Class A shall be delimited in accordance with the Law of People's Republic of China on the Prevention and Treatment of Infectious Diseases and relevant regulations of the State Council.
Article 331
A person engaging 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 administrative department of the State Council for public health, causes a spread of the bacterial strains or virus strains of an infectious disease, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the result is serious and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 332
A person who, in violation of the provisions on frontier health 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, to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 333
A person who organizes illegally other persons to sell blood shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine; and a person 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 to a fine.
A person who commits an act under the preceding paragraph and causes injury to another person shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 of this Law.
Article 334
A person who illegally collects and provides blood or makes and provides blood product shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if failing to conform to the standard set by the state and is definitely harmful to human health; if great harm to human health is caused, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and if an especially serious result is caused, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.
If a department which, upon approval of the state's competent department, collects and provides blood or makes and provides blood product does not conduct examinations as required or violates other operational regulations, thus causing a result of endangering another person's health, the department shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 335
A medical person who, due to serious negligence of his duty, 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
A person who, without the qualification for a doctor, illegally makes a diagnosis or gives treatment, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious; if great injury is caused to the patient's health, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the patient's death is caused, to fixed-term imprisonment of not less than ten years and concurrently to a fine.
A person who, without the qualification for a doctor and without approval, 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 be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious; if a great injury to a patient's physical health, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if a patient's death is caused, to fixed-term imprisonment of not less than ten years and concurrently to a fine.
Article 337
A person who, in violation of the provisions of the Law on the Entry and Exit Animal and Plant Quarantine, escapes from animal and plant quarantine, thus causing 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, to a fine.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Section 6 Crime of Undermining Protection of Environment or Resources
Article 338
A person who, in violation of the state's regulations, discharges, dumps or disposes radioactive wastes, wastes carrying infectious pathogens, poisonous substances or any other dangerous substances to land, water or air, thus causing a serious accident of environmental pollution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if a serious result or a great loss of public or private property or bodily injury or death of another person is caused; and if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
Article 339
A person who, in violation of the state's regulations, 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 to a fine; if a serious environmental pollution accident is caused, thus resulting in a heavy loss to public or personal property or a great injury to people's health, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and if the result is especially serious, to fixed-term imprisonment of not less than ten years and concurrently to a fine.
A person who takes the liberty to import solid wastes as raw materials without permit of the relevant competent department of the State Council, thus causing a serious environmental pollution accident, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if a heavy loss to public or personal property or a great injury to people's physical health is caused; and if the result is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.
A person who, in the name of utilizing raw materials, imports solid wastes that cannot be utilized as raw materials, shall be convicted of a crime and sentenced in accordance with the provisions of Article 155 of this Law.
Article 340
A person who, in violation of laws or 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 be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine if the circumstance is serious.
Article 341
A person who 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 or their products, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years and concurrently to a fine or confiscation of property.
A person who, 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, thus damaging wildlife resources, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine if the circumstance is serious.
Article 342
A person who, in violation of laws or regulations on land administration, illegally occupies cultivated land and uses it for other purposes, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine, if the amount involved is relatively huge and serious damage to a large amount of cultivated land is caused.
Article 343
A person who, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters without approval 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 be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if damage to mineral resources is caused; and if serious damage to mineral resources is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
A person who, in violation of the provisions of the Mineral Resources Law, exploits mineral resources in a destructive manner 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 to a fine.
Article 344
A person who, 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 to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
Article 345
A person who illegally cuts down trees, bamboo, etc. shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the amount involved is relatively huge; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine; and if the amount involved is especially huge, to fixed-term imprisonment of not less than seven years and concurrently to a fine.
A person who, in violation of the provisions of the Forestry Law, denudes forests or other woodlands, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
A person who, with a view of profit, illegally purchases forest trees which are clearly known by him to be cut down or denuded in forest areas, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
A person who cuts down or denudes forests or other woodlands in the nature reservation areas at the national level shall be sentenced heavily.
Article 346
If a unit commits a crime set forth in Article 338 to 345 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article of this Section.
Section 7 Crime of Smuggling, Trafficking in, Transporting or Producing Drugs
Article 347
A person who smuggles, traffics in, transports or produces drugs, regardless of the quantity, shall be demanded for criminal responsibility and imposed criminal punishment.
A person who, under any of the following circumstances, smuggles, traffics in, transports or produces drugs, shall be sentenced to fixed-term imprisonment of fifteen years, life imprisonment or death and concurrently to confiscation of property:
1. to smuggle, traffic in, transport or produce opium of not less than 1,000 grams or heroin or methyl benzedrine of not less than 50 grams or any other drug of large quantity;
2. to be a ringleader of a gang engaged in smuggling, trafficking in, transporting or producing of drugs;
3. to shield with weapons the smuggling, trafficking in, transporting or producing of drugs;
4. violently to resist inspection, detention or arrest with serious circumstances; or
5. to take part in organized international drug activities.
A person who smuggles, traffics in, transports or produces opium 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 any other drug of relatively huge quantity shall be sentenced to fixed-term of imprisonment of not less than seven years and concurrently to a fine.
A person who smuggles, traffics in, transports or produces opium of not more than 200 grams or heroin or methyl benzedrine of not more than 10 grams or any other drug of small quantity shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
If a unit commits a crime under paragraph 2, 3 or 4, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant paragraph.
A person who uses a minor or aids and abets him to smuggle, traffic in, transport or produce drugs or sells drugs to the minor shall be sentenced heavily.
If a person who smuggles, traffics in, transports or produces drugs for many times does not been sentenced, his quantity of drugs thus involved shall be computed accumulatively.
Article 348
A person who illegally holds opium of not less than 1,000 grams or heroin or methyl benzedrine of not less than 50 grams or any other drug of large quantity shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine. A person who illegally holds opium 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 any other drug of relatively large quantity shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently, to a fine.
Article 349
A person who shields an offender engaging in smuggling, trafficking in, transporting or producing drugs, or harbours, transfers or covers up, for an offender, drugs or his 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
An anti-drugs personnel or a public servant of a state organ who screens or shields an offender engaging in smuggling, trafficking in, transporting or producing drugs shall be sentenced heavily in accordance with the provisions of the preceding paragraph.
Conspirators to a crime under the preceding two paragraphs shall be punished as for a joint crime of smuggling, trafficking in, transporting or producing of drugs.
Article 350
A person who, in violation of the state's regulations, illegally transports or carries acetic oxide, ether, chloroform or any other substance which is used as materials or burden in the production of drugs into or out of China, or who, in violation of the state's regulations, illegally buys or sells any of the above-mentioned goods in China, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently, to a fine; and if the quantity is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
A person who provides another person with goods mentioned in the preceding paragraph, while knowing that the latter produces drugs, shall be deemed an accomplice in the crime of producing drugs and be sentenced thereto.
If a unit commits a crime under the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding two paragraphs.
Article 351 A person who illegally cultivates mother plants of drugs, such as opium poppy and marijuana shall be forced to uproot them. A person who is under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine:
1. to cultivate opium poppy of not less than 500 plants and not more than 3,000 plants or any other mother plant of drugs in relatively large quantity;
2. to cultivate any mother plant of drugs again after being dealt with by the public security organ; or
3. to resist the uprooting of such mother plants.
A person who illegally cultivates opium poppy of not less than 3,000 plants or any other mother plant of drugs in large quantity shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine or confiscation of property.
A person who illegally cultivates opium poppy or any other mother plants of drugs may, if voluntarily uproot them before harvest, be exempted from punishment.
Article 352
A person who illegally buys or sells, 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 be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the quantity is relatively huge.
Article 353
A person who lures, aids and abets, or cheats another person 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 to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
A person who forces another person to ingest or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
A person who lures, aids and abets, cheats or forces a minor into ingesting or injecting drugs shall be sentenced heavily.
Article 354
A person who provides shelter for another person 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 to a fine.
Article 355
A person engaging in, according to law, production, transportation, management or utilization of state-controlled narcotics or psychotropic substances who, in violation of the state's regulations, provides such substances which may lead to people's addiction to a person who ingests or injects drugs, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine. A person mentioned above who provides such substances which may lead to people's addiction to drug smugglers or traffickers, or, with a view of profit, to another person who ingests or injects drugs, shall be convicted of a crime and sentenced in accordance with the provisions of Article 347 of this Law.
If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 356
A person who has ever been sentenced for a crime of smuggling, trafficking in, transporting, producing or holding illegally drugs shall be sentenced heavily if he commits a crime set forth in this Section again.
Article 357
For the purposes of this Law, drugs mean 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 as required by the state.
The amount of drugs shall be computed according to the amount of smuggled, trafficked in, transported, produced or illegally held drugs which are verified, and shall not be computed according to their degree of purity.
Section 8 Crime of Organizing, Forcing, Luring, Sheltering or Introducing Women into Prostitution
Article 358
A person who organizes or forces another person 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 to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property:
1. to organize another person to engage in prostitution and the circumstance is serious;
2. to force a girl under the age of fourteen years to engage in prostitution;
3. to force many persons to engage in prostitution or to force another person to engage in prostitution for many times;
4. to force the victim to engage in prostitution after raping her; or
5. to cause serious bodily injury or death to the person being forced to engage in prostitution or to cause any other severe result.
A person who is under any of the circumstances mentioned in the preceding paragraph shall, if the circumstance is especially serious, be sentenced to life imprisonment or death and concurrently to confiscation of property.
A person who assists in organizing another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.
Article 359
A person who lures, shelters or procures another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and concurrently to a fine.
A person who lures a girl under the age of fourteen years to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine.
Article 360
A person knowing to have a serious venereal disease such as syphilis or gonorrhea who 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 to a fine.
A person who whores with a girl under the age of fourteen years shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine.
Article 361
A person of such a unit as hotel, catering, entertainment or taxi service, who, by taking advantage of his unit, organizes, forces, lures, shelters or procures another person to engage in prostitution, shall be convicted of a crime and sentenced in accordance with the provisions of Article 358 or 359 of this Law.
A principal person-in-charge of the unit mentioned in the preceding paragraph who commits a crime under the preceding paragraph shall be sentenced heavily.
Article 362
A person of such a unit as hotel, catering, entertainment or taxi service who, at the time when the public security organ investigates or deals with activities of prostitution or whoring, provides information for a law-breaker or criminal, shall be convicted of a crime and sentenced in accordance with the provisions of Article 310 of this Law if the circumstance is serious.
section 9 Crime of Producing, Selling or Spreading Obscene Articles
Article 363
A person who, with a view of profit, produces, reproduces, publishes, sells or spreads obscene articles, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.
A person who provides a book number for another person to publish obscene books or periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine. A person who provides another person with a book number which he clearly knows to be used to publish obscene books or periodicals shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 364
A person who spreads obscene books or periodicals, movies, video- and audio-tapes, pictures or any other obscene articles shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if the circumstance is serious.
A person who organizes shows of obscene films or videos or any other video or audio products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
A person who produces or reproduces such a video or audio product as obscene pornographic film or video and organizes shows of them shall be sentenced heavily in accordance with the provisions of paragraph 2.
A person who spreads obscene articles to a minor under the age of eighteen years shall be sentenced heavily.
Article 365
A person who organizes an obscene performance shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.
Article 366
If a unit commits a crime set forth in Article 363, 364 or 365 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.
Article 367
In this Law obscene articles mean sex-propagating books, periodicals, films, video- and audio-tapes, pictures and other obscene articles which concretely describe sexual acts or undisguisedly publicize sex.
Scientific works concerning physiology of human body or medical knowledge shall not be the obscene articles.
Literary and artistic works of artistic value which contain contents of sex shall no been deemed the obscene articles.
Chapter VII Crime of Endangering Interests of National Defense
Article 368
A person who hinders, by means of violence or threat, a serviceman from performing his duty according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
A person who intentionally hinders the armed forces from taking a military activity shall, if a serious result is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 369
A person who 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; a person who 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; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death. Any person who commits such a crime during wartime shall be sentenced heavily.
Article 370
A person who 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 circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment of death.
A person who negligently commits a crime under the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
If a unit commits a crime under paragraph 1, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of paragraph 1.
Article 371
Where an assembled crowd assaults a military forbidden area and disturbs seriously order thereof, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and 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 circumstance is so serious that the work of the military administrative area 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; and 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
A person who passes himself off as a serviceman in order to practice fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 373
A person who incites a serviceman to flee from the armed forces or employs knowingly a serviceman who fled from the armed forces shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 374
A person who, in the work of conscription, practices favoritism or irregularity and accepts or sends out a disqualified soldier shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 375
A person who forges, alters, buys or sells, steals or forcibly seizes the official document, certificate or seal 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
A person who illegally produces, sells or buys uniforms, number plates of vehicles or any and other sign for special use of the armed forces shall, if the circumstance is serious, to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine.
If a unit commits a crime under paragraph 2, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the said paragraph.
Article 376
A person of reserve duty who refuses or escapes from recruitment or training during wartime shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
A citizen who refuses to be on active service or escapes from being on active service shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 377
A person who, during wartime, intentionally provides false enemy's conditions to the armed forces, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 378
A person who, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 379
A person who, during wartime, provides shelters or property for a serviceman who fled from the army while knowing that shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 380
Where a unit, during wartime, refuses or intentionally delays a military order of goods and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if a serious result is caused, to fixed-term imprisonment of not less than five years.
Article 381
A person who, during wartime, refuses military commandeering, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.
Chapter VIII Crime of Embezzlement or Bribery
Article 382
A public servant of the state who, by taking advantage of his post, appropriates, steals, swindles or otherwise illegally takes possession of public property shall be guilty of a crime of embezzlement.
A person who is authorized by a state organ, state-owned company, enterprise, institution or people's organization, to administer or manage state-owned property shall, if, by taking advantage of his post to appropriate, steal, swindle or otherwise illegally take possession of state-owned property, be dealt with as embezzlement.
A person who conspires with the person listed in the preceding two paragraphs to engage in embezzlement shall be dealt with as an accomplice.
Article 383
A person who commits a crime of embezzlement shall, depending on the seriousness of the circumstance, be sentenced respectively according to the following provisions:
1. A person who embezzles the amount of 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; and if the circumstance is especially serious, to death and concurrently to confiscation of property.
2. A person who embezzles the amount of 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; and if the circumstance is especially serious, to life imprisonment and concurrently to confiscation of property.
3. A person who embezzles the amount of 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; and if the circumstance is serious, to fixed-term imprisonment of not less than seven years and not more than ten years. A person who embezzles the amount of not less than 5,000 yuan and not more than 10,000 yuan may, if, after committing the crime, showing signs of repentance and giving up the embezzled money of his own accord, be given a mitigated punishment or be exempted from criminal punishment, and in such a case, shall be given administrative sanctions by the unit to which he belongs or by the competent superior department.
4. A person who embezzles the amount of not more than 5,000 yuan shall, if the circumstance is relatively serious, be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is relatively minor, be given administrative sanctions according to the circumstance by the unit to which he belongs or by the competent superior department.
A person who repeatedly commits embezzlements for many times and goes unpunished shall be sentenced according to the accumulated amount of money he has embezzled.
Article 384
A public servant of the state who, by taking advantage of his post, misappropriates the public money for his own use or for conducting an illegal activity, or misappropriates a relatively large amount of public money for conducting activities with a view of profit, or misappropriates a relatively large amount of public money and fails to return it after three months, shall be guilty of a crime of misappropriation of public money and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than five years. If such a person misappropriates a large amount of public money and fails to return it, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
A person who misappropriates for his own use the money or 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 sentenced heavily.
Article 385
A public servant of the state who, by taking advantage of his post, asks for another person's property, or illegally accepts another person's property and secures advantages for him, shall be guilty of a crime of acceptance of bribes.
A public servant of the state who, in violation of the state's regulations, accepts commissions and service charges offered in various names for his own possession in economic transactions shall be dealt with as acceptance of bribes.
Article 386
A person who commits a crime of acceptance of bribes shall, depending on the amount of bribes and the seriousness of the circumstances, be sentenced in accordance with the provisions of Article 383 of this Law. A person who extorts bribery shall be sentenced heavily.
Article 387
Where a state organ, state-owned company or enterprise, institution or people's organization extorts or accepts illegally property from another person and seeks profit for him and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
A unit listed in the preceding paragraph which, in its economic transactions, accepts secretly rebates or commissions in various names without entering into its account shall be deemed as acceptance of bribes, and sentenced in accordance with the provisions of the preceding paragraph.
Article 388
A public servant of the state who, by taking advantage of his favorable conditions of his post or position, seeks unlawful profits for the entruster through the acts of office of another public servant of the state, and extorts or accepts the entruster's property, shall be dealt with as acceptance of bribes.
Article 389
A person who, with a view of unjust benefit, gives property to a public servant of the state shall be guilty of bribing.
A person who, in economic transactions, violates the state's regulations to give property of a large quantity to a public servant of the state or to give commissions and service charges to the latter shall be dealt with as bribing.
A person who is extorted to give property to a public servant of the state and has not got any unjust benefit shall not be deemed bribing.
Article 390
A person who commits a crime of bribing shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A person who seeks unjust benefit by bribing shall, if the circumstance is serious or a heavy loss is caused to the state's interests, be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and may concurrently be sentenced to confiscation of property.
A briber who voluntarily confesses his bribery before being prosecuted may be given a mitigated punishment or be exempted from punishment.
Article 391
A person who, with a view of unjust benefit, gives property to a state organ, state-owned company or enterprise, an institution or a people's organization, or, in economic transactions, violates the state's regulations to give 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 under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 392
A person who introduces a bribe to a public servant of the state shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
A 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, with a view of unjust benefit, offers a bribe or offers, in violation of the state's regulations, commissions or service charges to a public servant of the state, and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it 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 said person shall be convicted of a crime and sentenced in accordance with the provisions of Article 389 or 390 of this Law.
Article 394
A public servant of the state who, in the domestic activities for public purpose or in their contact with foreigners, accepts gifts which shall be handed over as required by the state and fails to do so, shall be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law if the amount involved is relatively huge.
Article 395
A public servant of the state whose property or expenditure apparently exceeds his lawful incomes 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 incomes shall be treated as illegal gains, and he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the property that exceeds his lawful incomes shall be taken over.
A public servant of the state shall, if having bank savings in another country or territory, make a report in accordance with the state's regulations. A person who has a relatively large amount of such savings and does not report them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is relatively minor, shall be given administrative sanctions according to the circumstance by the unit to which he belongs or by the competent superior department.
Article 396
If a state organ, state-owned company or enterprise, institution or people's organization, in violation of the state's regulations, distributes state-owned assets collectively to individuals in the name of the unit, the person-in-charge directly responsible and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently to a fine if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.
A judicial organ or an administrative organ who, in violation of the state's regulations, distributes collectively to individuals the confiscated property which shall be turned over to the state in the name of the unit, shall be sentenced in accordance with the provisions of the preceding paragraph.
Chapter IX Crime of Dereliction of Duty
Article 397
A public servant of a state organ who abuses his power of office or neglects his duty, thus causing a heavy loss 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; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years. Where this Law has other provisions, they shall govern.
A public servant of a state organ who practicing favoritism or irregularity, thus committing a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years. Where this Law has other provisions, they shall govern.
Article 398
A public servant of a state organ who, in violation of the provisions of the Law on Guarding State Secrets, indulges state secrets intentionally or negligently, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
A person other than a public servant of a state organ who commits a crime under the preceding paragraph shall, depending on the circumstance, be sentenced in accordance with the provisions of the preceding paragraph.
Article 399
A judicial officer 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 circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.
A judicial officer who, 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 be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years.
A judicial officer who accepts a bribe and twists the law, and commits an act under the preceding two paragraphs, thus concurrently constituting a crime under Article 385 of this Law, shall be convicted of a crime and sentenced in accordance with the provisions which are heavier.
Article 400
A judicial officer who, without authorization, releases 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 circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.
judicial officer who, due to serious negligence of his duty, causes a suspect for a crime, defendant or criminal in custody to escape, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 401
A judicial officer who practices favoritism or irregularity, 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 402
An administrative law-enforcement personnel who practices favoritism or irregularity, thus failing to remit a person who shall be investigated for criminal responsibility to a judicial organ, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if a serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 403
A public servant of a relevant competent department of the state who practices favoritism or irregularity, abuses his power of office, and approve or register an application for establishment or registration of a company or for issuing or marketing of a stock or bond, which do not conform to the conditions laid down by law, thus causing a great loss to public property or interests of the state or the people, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
If a superior department forces a registration organ or its working personnel to render an act under the preceding paragraph, the person-in-charge directly responsible shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 404
A working personnel of a tax authority who practices favoritism or irregularity and, wholly or partly, does not collect the tax payable, thus causing a heavy loss to the state's tax revenue, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if causing an especially serious loss, to fixed-term imprisonment of not less than five years.
Article 405
A working personnel of a tax authority who, in violation of the provisions of laws or administrative regulations, practices favoritism or irregularity in the work concerning selling invoices, offsetting the amount of tax payable or refunding the tax for export, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if causing an especially heavy loss to the interests of the state, to fixed-term imprisonment of not less than five years.
A public servant of any other state organ who, in violation of the state's regulations, practices favoritism or irregularity in the work concerning 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, thus causing a heavy loss to the interests of the state, shall be sentenced in accordance with the provisions of the preceding paragraph.
Article 406
A public servant of a state organ who, in the course of signing or performing a contract, is defrauded due to serious negligence of his duty, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if causing an especially heavy loss to the interests of the state, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 407
A public servant of the competent department for forestry who, in violation of the provisions of the Forestry Law, issues a forestry trees cutting license in excess of the approved annual cutting quotas or, in violation of the regulations, issues a forestry trees cutting license in disregard of merit, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious and the forest suffers heavy damage.
Article 408
A public servant of a state organ having the duty of supervision and control on environment protection who neglects his duty so seriously that a great environmental pollution accident happens, thus causing a heavy loss to public or private property or another person's bodily injury or death or any other serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 409
A public servant of a government's administrative department for public health engaging in the prevention or treatment related to infectious diseases who neglects his duty seriously, thus causing the spread or epidemic of an infectious disease, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.
Article 410
A public servant of a state organ who practices favoritism or irregularity, violates the laws or regulations on land administration, abuses his power, illegally approves requisitioning or occupying of land, or illegally assigns the right for use of state-owned land at a lower price, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if causing an especially heavy loss to the interests of the state or collective, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 411
A customs officer who practices favoritism or irregularity and connives at another person's smuggling shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years.
Article 412
A public servant of the state commodity inspection department or agency who practices favoritism or irregularity and fabricates an inspection conclusion shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and; if a serious result is caused, to fixed-term imprisonment of not less than five years and not more than ten years.
A person listed in the preceding paragraph who neglects his duty so seriously that he does not inspect the commodity that shall be inspected or delays providing a certificate or provides a wrong certificate, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 413
A quarantine personnel of an animal and plant quarantine organ who practices favoritism or irregularity and fabricates a quarantine result, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and; if a serious result is caused, to fixed-term imprisonment of not less than five years and not more than ten years.
A person listed in the preceding paragraph who neglects his duty so seriously that he does not quarantine an object that shall be quarantined, or delays providing a quarantine certificate or provides a wrong certificate, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 414
A public servant of the sate organ having the duty of investigation of the responsibility for production or sale of fake or substandard commodity who practices favoritism or irregularity and does not perform the investigation duty provided by law shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 415
A public servant of the state organ responsible for issuance of passports, visas or other certificates for the use of exit or entry who issues a exit and entry certificate to a person clearly known to attempt to secretly cross the national boundary (borderline), or a public servant of such state organ as the frontier defense or Customs who permits a 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; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 416
A public servant of the state organ having the duty 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 be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a serious result is caused.
A public servant of the state organ having the duty of rescue takes advantage of his post to hinder the rescue shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than two years or criminal detention.
Article 417
A public servant of the state organ having the duty of investigating and forbidding criminal activities who divulges secret information or provides with convenience to a criminal, and helps a criminal to escape from being punished, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 418
A public servant of a state organ who, in the course of recruiting public servants or students, practices favoritism or irregularity, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.
Article 419
A public servant of a state organ who seriously neglects his duty and causes a damage or loss of rare and precious cultural relics shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the result is serious.
Chapter X Crime of the Serviceman's Violation of Duty
Article 420
An act of a serviceman that contravenes his duty and endangers the state's military interests and is punishable with criminal penalties by law shall be a crime of the serviceman's violation of duty.
Article 421
A serviceman who disobeys an order during wartime, thus jeopardizing the military operations, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and; if a major loss to a battle or campaign is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 422
A serviceman who intentionally conceals or makes a false report about the military situation or refuses to communicate or communicates a false military order, thus jeopardizing the military operations, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if a major loss to a battle or campaign is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 423
A 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 and; if the circumstance is serious, to fixed-term imprisonment of not less than ten years or life imprisonment.
A 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
A serviceman who deserts from his unit during a battle shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years; and if a major loss to a battle or campaign is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 425
A person in command or on duty who leaves his post or neglects his duty, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if causing an especially serious result, to fixed-term imprisonment of not less than three years and not more than seven years.
A person who, during wartime, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years.
Article 426
A serviceman 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 circumstance is serious, to fixed-term imprisonment of not less than five years; and if causing serious injury or death to another person or any other especially serious circumstance, to life imprisonment or death. During wartime, he shall be sentenced heavily.
Article 427
A serviceman who abuses his power of office and incites a subordinate to carry out an activity in contravention of his duty shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a serious result is caused and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years.
Article 428
A person in command who disobeys an order, flinches from the battlefield and fights inactively, shall be sentenced to fixed-term imprisonment of not more than five years if a serious result is caused and; if a serious loss to a battle or campaign is caused or any other especially serious circumstance exists, to fixed-term imprisonment of not less than five years.
Article 429
A commanding person who, while clearly knowing that neighboring friendly forces are in dangerous and urgent situation, has ability to rescue the force but does not to do so, and causes a serious loss to the neighboring friendly forces, shall be sentenced to fixed-term imprisonment of not more than five years.
Article 430
A serviceman who leaves his post without approval in the course of performing his public affairs, turns traitor and flees from China or turns traitor and flees outside China, thus endangering the state's military interests, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than five years.
A serviceman who drives an aircraft or warship to turn traitor and flee or has any other especially serious circumstance shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 431
A serviceman who, 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 circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.
A serviceman who steals, pries, buys or illegally provides military secrets for an agency, organization or a person outside China, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 432
A serviceman who, in violation of laws or regulations on protection of the state secrets, intentionally or negligently divulges military secrets, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years.
A serviceman who, during wartime, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and; if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 433
A serviceman who, during wartime, fabricates rumor to mislead others and undermines army morale, shall be sentenced to fixed-term imprisonment of not more than three years and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.
A serviceman who colludes with the enemy and fabricates rumor to mislead others and undermines army morale shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and; if the circumstance is especially serious, may be sentenced to death.
Article 434
A serviceman who, 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 and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 435
A serviceman who, in violation of laws or regulations on military service, flees from army, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.
A serviceman who, during wartime, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Article 436
A serviceman who violates the provisions on the use of weapons and equipment, if the circumstance is serious, thus causing a liability accident leading to severe injury or death of another person or any other serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 437
A serviceman who, in violation of the provisions on control of weapons and equipment, changes without approval the arrangement and purpose of weapons or equipment, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if causing an especially serious result, to fixed-term imprisonment of not less than three years and not more than seven years.
Article 438
A serviceman who steals or seizes forcibly weapons or equipment or military materials shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
A serviceman who steals or seizes forcibly guns, ammunitions or explosives shall be sentenced in accordance with the provisions of Article 127 of this Law.
Article 439
A serviceman who illegally sells or transfers weapons or equipment of the army shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if large quantity of weapons or equipment are sold or transferred or any other especially serious circumstance exist, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 440
A serviceman who disobeys an order and abandons weapons or equipment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if important or large quantity of weapons or equipment are abandoned or any other serious circumstance exists, shall be sentenced to fixed-term imprisonment of not less than five years.
Article 441
A serviceman who loses weapons or equipment and does not report in time or has any other serious circumstance shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 442
Where, in violation of the regulations, real estate of the army is sold or transferred without approval, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years.
Article 443
A serviceman who abuses his power of office and maltreats a subordinate shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is so flagrant as to have resulted in serious bodily injury of another person or any other serious result; and if causing death of another person, to fixed-term imprisonment of not less than five years.
Article 444
If a wounded or sick is deliberately abandoned on the battlefield and the circumstance is flagrant, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than five years.
Article 445
A serviceman at the post of rescue and cure who, during wartime, refuses to rescue or cure the fatal wounded or sick serviceman while having such conditions, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if causing severe disability or death of a wounded or sick serviceman or any other serious circumstance, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.
Article 446
A serviceman who, during wartime, mistreats an innocent resident or plunders property from an innocent resident in areas of military operations, shall be sentenced to fixed-term imprisonment of not more than five years; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 447
A serviceman who releases without approval a prisoner of war shall be sentenced to fixed-term imprisonment of not more than five years; and if releasing without approval an important prisoner of war or releasing without approval several prisoners of war or having any other serious circumstance, to fixed-term imprisonment of not less than five years.
Article 448
A serviceman who maltreats a prisoner of war shall be sentenced to fixed-term imprisonment of not more than three years if the circumstance is flagrant.
Article 449
A 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 sentenced as a criminal.
Article 450
This Chapter applies 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
In this Chapter wartime means the period within which the state announces a war, the army receives tasks of battle or suffers a sudden attack.
The period 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 on October 1, 1997.
The regulations, supplementary provisions and decisions listed in Appendix I of this Law, which were formulated by the Standing Committee of the National People's Congress, are already brought into this Law or are not applicable and, from the date of entry into force of this Law, shall be repealed.
The supplementary provisions and decisions listed in Appendix II of this Law, which were formulated by the Standing Committee of the National People's Congress, are reserved. Among them, the provisions on administrative sanctions and administrative measures shall continue to remain in force; and the provisions on criminal responsibility are already brought into this Law and, from the date of entry into force of this Law, the provisions of this Law shall apply.


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