Chapter V The Crime of Encroaching on Property
Article 263. Those robbing public or private property using force, coercion, or other methods are to be sentenced to three to 10 years in prison in addition to fine. Those falling in one or more of the following cases are to be sentenced to 10 years or more in prison, given life sentences, or sentenced to death, in addition to fines or confiscation of property:
(1) those intruding into others’ houses to rob;
(2) those committing robbery on public transportation vehicles;
(3) those robbing banks or other financial institutions;
(4) those committing several robberies or robbing large amounts of money or other properties;
(5) those causing serious injuries to or death while robbing;
(6) those committing robbery posing as servicemen or policemen;
(7) those committing robbery using guns;
(8) those robbing materials for military use, or materials for fighting disasters or relieving disaster victims.
Article 264. Those who steal relatively large amounts of public or private property and money or have committed several thefts are to be sentenced to three years or fewer in prison or put under criminal detention or surveillance, in addition to fines; or are to be fined. Those stealing large amounts of property and money or involving in other serious cases are to be sentenced to three to 10 years in prison, in addition to fines. Those stealing extraordinarily large amounts of property and money or involving in especially serious cases are to be sentenced to 10 years or more in prison or given life sentences, in addition to fines or confiscation of property. Those falling in one or more of the following cases are to be given life sentence or sentenced to death, in addition to confiscation of property:
(1) Those stealing extraordinarily large amounts of money and property from financial institutions;
(2) those committing serious thefts of precious cultural relics.
Article 265. Those stealing others’ communication lines or reproducing others’ telecommunication codes for the purpose of making profits, or those using telecommunication equipment or facilities knowing that they are stolen or reproduced are to be convicted and punished according to article 264 of this law.
Article 266. Those defrauding relatively large amounts of public or private money and property are to be sentenced to three years or fewer in prison or put under criminal detention or surveillance, in addition to fines; or are to be fined. Those defrauding large amounts of money and property or having involvement in other serious cases are to be sentenced to three to 10 years in prison, in addition to fines. Those defrauding extraordinarily large amounts of money and property or involving in especially serious cases are to be sentenced to 10 years or more in prisonor given life sentences, in addition to fines or confiscation of property.
If cases are governed by other stipulations of this law, those stipulationsshall apply.
Article 267. Whoever seizes public and private property, and the amountinvolved is quite large, is to be sentenced to not more than three years offixed-term imprisonment, criminal detention, or control; and may also besentenced to a fine, additionally or exclusively. When the amount involvedis huge and the other circumstances are serious, the sentence is to be notless than three years but not more than 10 years of fixed-term imprisonmentin addition to a fine. When the amount involved is particularly huge andthe other circumstances are particularly serious, the sentence is to be notless than 10 years of fixed-term imprisonment, or life imprisonment, inaddition to a fine or confiscation of property.
Whoever commits the crime with a lethal weapon is to be convicted andpunished according to the regulations in Article 263 of this law.
Article 268. In cases where a crowd is assembled to seize public ofprivate property, and the amount involved is quite large and the othercircumstances are serious, ringleaders and other active participants are tobe sentenced to not more than three years of fixed-term imprisonment,criminal detention or control, in addition to a fine; and the sentence isto be not less than three years and not more than 10 years, in addition toa fine, when the amount involved is huge and the other circumstances areparticularly serious.
Article 269. Whoever commits the crimes of theft, fraud, or forcible
seizure, and uses violence, or threats to use violence, at the scene in
order to conceal booty, resist arrest or destroy criminal evidence, is to
be convicted and punished in accordance with Article 263 of this Law.
Article 270. Whoever illegally takes over another person’s property in
the latter’s custody, and the amount involved is relatively large, and
refuses to return it, is to be sentenced to not more than two years of
fixed-term imprisonment, criminal detention, or a fine; when the amount
involved is huge and the other circumstances are serious, the sentence is
to be not less than two years but not more than five years of fixed-term
imprisonment, in addition to a fine.
Whoever illegally takes over someone’s property which the latter forgets to
pick up, or the property someone had buried, and the amount involved is
relatively large, and refuses to return it, is to be punished according to
the preceding paragraph.
The crimes in this article will not be prosecuted unless a complaint is filed.
Article 271. In cases where a person of a company, enterprise, or any
unit, takes over the unit’s property by taking advantage of his office, and
the amount involved in quite large, he is to be sentenced to not more than
five years of fixed-term imprisonment, or criminal detention; when the
amount involved is huge, the sentence is to be not less than five years,
and may be in addition to confiscation of property.
When personnel engage in public service in state-owned corporations,
enterprises, or other state-owned units; or when personnel of these
corporations, enterprises and units assigned to engage in public service in
nonstate-owned corporations, enterprises, or other units themselves as
stated in the preceding paragraph, they are to be convicted and punished
according to regulations in Articles 382 and 383 of this law.
Article 272. When personnel of companies, enterprises, and other units,
who take advantage of their offices to misappropriate their units’ funds
for their own use or for lending to others, and the amounts involved are
relatively large and have not been returned for a period of over three
months; or, when the period is shorter than three months but the amounts
involved are quite large and the money is used for unlawful profit-making
activities, they are to be sentenced to not more than three years of
fixed-term imprisonment or criminal detention; those who misappropriate
huge amounts of their units’ funds, or those whose misappropriations are
large and who refuse to return them are to be sentenced to not less than
three years but not more than 10 years of fixed-term imprisonment.
Personnel engaged in public service in state-owned corporations,
enterprises and other state-owned units, and personnel state-owned
corporations, enterprises and other state-owned units assigned to engage in
public service at nonstate-owned corporations, enterprises and other units
as stated in the preceding paragraph are to be convicted and punished
according to the regulations in Article 384 of this Law.
Article 273. Those directly responsible for misappropriating state fundsand materials allocated for disaster relief, emergencies, flood control,allowances for disabled servicemen and the families of revolutionarymartyrs and servicemen, aid-the-poor programs, resettlement, and socialrelief, when the circumstances are serious and have caused major damage tothe interests of the state and the people, are to be sentenced to not morethan three years of fixed-termed imprisonment or criminal detention; whenthe circumstances are particularly serious, the sentence is to be not lessthan three years but not more than seven years of fixed-term imprisonment.
Article 274. Whoever extorts public or private property by blackmail, andthe amount involved is quite large, is to be sentenced to not more thanthree years of fixed-termed imprisonment, criminal detention, or control;when the amount involved is huge and the other circumstances are serious,the sentence is to be not less than three years but not more than 10 yearsof fixed-term imprisonment.
Article 275. Whoever intentionally destroys public or private propertyand the amount involved is quite large and the other circumstances areserious is to be sentenced to not more than three years of fixed-termimprisonment, criminal detention, or a sentence of a fine; when the amountinvolved is huge and the other circumstances are particularly serious, thesentence is to be not less than three years but not more than seven yearsof fixed-term imprisonment.
Article 276. Whoever destroys machinery or equipment, cruelly injures orslaughters draft animals, or uses other means to sabotage production oroperation, with the purpose of giving vent to spite, seeking revenge, orfor other personal motives, is to be sentenced to not more than three yearsof fixed-term imprisonment, criminal detention, or control; when thecircumstance is serious, the sentence is to be not less than three years but not more than seven years of fixed-term imprisonment.
Chapter VI Crimes of Disrupting the Order of Social Administration
Section 1. Crimes of Disrupting Public Order
Article 277. Whoever uses violence or threat to obstruct state personnel
from discharging their duties is to be sentenced to not more than three
years of fixed-term imprisonment, criminal detention, or control; or a
sentence of a fine.
Whoever uses violence or threats to obstruct National People’s Congress
deputies, or local people’s congress deputies, from discharging their
lawful deputy duties is to be punished according to the preceding
paragraph.
Whoever, in the event of a natural disaster or an emergency, uses violence
or threats to obstruct Red Cross personnel from discharging their lawful
responsibilities is to be punished according to the first paragraph.
Whoever intentionally obstructs the state’s security or public security
organs from carrying out their security assignments, and has caused serious
consequences even though no violence or threat is used is to be punished
according to the first paragraph.
Article 278. Whoever instigates the masses to use violence to resist the
enforcement of state laws and administrative regulations is to be sentenced
to not more than three years of fixed-term imprisonment, criminal
detention, control, or deprivation of political rights; when serious
consequences have been caused, the sentence is to be not less than three
years but not more than seven years of fixed-term imprisonment.
Article 279. Whoever poses as state organ personnel to cheat and bluff is
to be sentenced to not more than three years of fixed-term imprisonment,
criminal detention, control, or deprivation of political rights; when the
circumstances are serious, the sentence is to be not less than three years
but not more than 10 years of fixed-term imprisonment.
Whoever poses as a people’s police to cheat and bluff is to be heavily
punished in accordance with the preceding paragraph.
Article 280. Whoever forges, alters, trades, steals, forcibly seizes or
destroys officials documents, certificates, or seals of state organs is to
be sentenced to not more than three years of fixed-term imprisonment; when
the circumstances are serious, the sentence is to be no less than three
years but not more than 10 years of fixed-term imprisonment.
Whoever forges seals of corporations, enterprises, institutions, or
people’s organizations is to be sentenced to not more than three years of
fixed-term imprisonment, criminal detention, control, or deprivation of
political rights .
Whoever forges or alters citizens’ identification cards is to be sentenced
to not more than three years of fixed- term imprisonment, criminal
detention, control, or deprivation of political rights; when the
circumstances are serious, the sentence is to be no less than three years
but not more than seven years of fixed-term imprisonment.
Article 281. Whoever illegally produces, purchases or sells standard
police uniforms, license plates of motor vehicles, or other special signs,
police tools, and the consequences are serious, is to be sentenced to not
more than three years of fixed-term imprisonment, criminal detention, or
control; and may also be sentenced to a fine, additionally or exclusively.
When a unit commits the crimes stated in the preceding paragraph, the unit
is to be fined, and its persons in charge and other who are directly
responsible are to be punished according to the regulations in the
preceding paragraph.
Article 282. Whoever illegally acquires state secrets by stealing,
secretly gathering, and purchasing is to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention, control, or
deprivation of political rights; when the circumstances are serious, the
sentence is to be not less than three years but not more than seven years
of fixed-term imprisonment.
Whoever possesses documents, information, or other articles which are top
secret or classified information of the state, and refuses to state their
origins or use, is to be sentenced to not more than three years of
fixed-term imprisonment, criminal detention, or control.
Article 283. Whoever illegal produces and sells monitoring, photographing
or other special espionage equipment is to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention, or control.
Article 284. Whoever illegally uses special monitoring or photographing
equipment and causes grave consequences is to be sentenced to not more than
two years of fixed-term imprisonment, criminal detention, or control.
Article 285. Whoever violates state regulations and intrudes into
computer systems with information concerning state affairs, construction of
defense facilities, and sophisticated science and technology is be
sentenced to not more than three years of fixed-term imprisonment or
criminal detention.
Article 286. Whoever violates states regulations and deletes, alters,
adds, and interferes in computer information systems, causing abnormal
operations of the systems and grave consequences, is to be sentenced to not
more than five years of fixed-term imprisonment or criminal detention; when
the consequences are particularly serious, the sentence is to be not less
than five years of fixed-term imprisonment.
Whoever violates state regulations and deletes, alters, or adds the data or
application programs installed in or processed and transmitted by the
computer systems, and causes grave consequences, is to be punished
according to the preceding paragraph.
Whoever deliberately creates and propagates computer virus and other
programs which sabotage the normal operation of the computer system and cause grave consequences is to be punished according to the first paragraph.
Article 287. Whoever uses a computer for financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets, or other crimes is to be convicted and punished according to relevant regulations of this law.
Article 288. Whoever violates state regulations and installs or uses radio stations (transmitters), occupies frequencies without authorization, and refuses to stop using them after being ordered to do so, thus interfering in normal radio communications and causing serious consequences is to be sentenced to not more than three years of fixed- term imprisonment, criminal detention, or control; and may also be sentenced to a fine, additionally or exclusively.
When a unit commits the crimes stated in the preceding paragraph, the unit is to be fined, and its persons in charge and others who are directly responsible are to be punished according to the preceding paragraph.
Article 289. Whoever causes a person’s injury, disability or death as result of assembling a crowd for “beating, smashing and looting” is to be convicted and punished according to regulations in Articles 234 and 232 of this law. In cases where public of private property is destroyed or forcibly taken and carried away, ringleaders, in addition to the ordering of restitution of compensation, are to be convicted and punished according to Article 263 of this law.
Article 290. In cases where crowds are assembled to disturb public order with serious consequences; where the process of work, production, business, teaching, and scientific research are disrupted; and where serious losses have been caused, the ringleaders are to be sentenced to not less than three years but not more than seven years of fixed-term imprisonment; other active participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.
Assembling crowds to attack state organs, thus disrupting their operations and causing serious losses, the ringleaders are to be sentenced to not less than five years but not more than 10 years of fixed-term imprisonment; and other active participants are to be sentenced to not less than five year of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.
Article 291. In cases where a crowd is assembled to disturb order at stations, wharves, civil aviation stations, market places, public parks, theaters, exhibitions, sports grounds or other public places, or a crowd is assembled to block traffic or undermine traffic order, or resist or obstruct state security administration personnel who are carrying out their functions according to law, when the circumstances are serious, ringleaders are to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control.
Article 292. In cases where a crowd is assembled to have brawls,
ringleaders and other active participants are to be sentenced to not more
than three years of fixed-term imprisonment, criminal detention, or
control. When the cases are one of the following, ringleaders and other
active participants are to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment:
(1) crowds are assembled on many occasions to have brawls;
(2) the size of crowds assembled to have brawls is large, and bad social effects have been caused;
(3) crowds are assembled for brawls in public places or main thoroughfares, and serious social disorders have been caused; or
(4) crowds are assembled for brawls with tools.
Whoever assembles a crowd to have brawls, thus causing a person serious injuries or death, is to be convicted and punished according to Articles 234 and 232 of this Law.
Article 293. Whoever undermines public order with anyone of the following provocative and disturbing behaviors is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control:
(1) willfully attacking another person and the circumstances are bad;
(2) chasing, intercepting, or cursing another person, and the circumstances are bad;
(3) forcibly taking away, demanding, or willfully damaging or seizing public or private property; and the circumstances are serious;
(4) creating a disturbance in a public place, causing serious
disorder.
Article 294. Whoever organizes, leads, or actively participates in an
organization with characteristics of a criminal syndicate, which carries
out lawless and criminal activities in an organized manner through
violence, threat, or other means, with the aim of playing the tyrant in a
locality, committing all sorts of crimes, bullying and harming the masses,
and doing what has seriously undermined economic and social order is to be
sentenced to not less than three years but not more than 10 years of
fixed-term imprisonment. Other participants are to be sentenced to not more
than three years of fixed-term imprisonment, criminal detention, control,
or deprivation of political rights.
Personnel of overseas criminal syndicates who come to the PRC to recruit
members are to be sentenced to not less than three years but not more than
10 years of fixed-term imprisonment.
Whoever commits other crimes in addition to those in the preceding two
paragraph is to the punished according to regulations for punishing
multiple crimes.
State organ personnel who harbor an organization with characteristics of a
criminal syndicate, or who connives at the organization’s lawless and
criminal activities is to be sentenced to not more than three years of
fixed-term imprisonment, criminal detention, or deprivation of political
rights; when the circumstances are serious, the sentence is to be not less
than three years but not more than 10 years of fixed-term imprisonment.
Article 295. Whoever teaches crime-committing methods is to be to be
sentenced to not more than five years of fixed-term imprisonment, criminal
detention, or control; when the consequences are serious, to not less than
five years of fixed-term imprisonment; when the consequences are
particularly serious, to life imprisonment or death penalty.
Article 296. Whoever holds an assembly, parade, demonstration without
application in accordance with the law or without authorization after
application, or does not carry it out in accordance with the beginning time
and ending time, place, and road as permitted by authorities concerned, and
refuses to obey an order to dismiss, thereby seriously sabotaging social
order, those personnel who are in charge and those who are directly
responsible are to be to be sentenced to not more than five years of
fixed-term imprisonment, criminal detention, control or deprived of
political rights.
Article 297. Whoever violates laws and regulations by bringing with them weapons, controlled knives and tools or explosive articles to participate in an assembly, parade, demonstration is to be to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 298. Whoever disturbs, collides, or sabotages with other methods the legally-held assembly, parade, demonstration, thereby giving rise to chaotic public order is to be to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 299. Whoever purposely insults the national flag, national emblem of the PRC in a public place with such methods as burning, destroying, scribbling, soiling, and trampling is to be to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 300. Whoever organizes and utilizes superstitious sects, secret societies, and evil religious organizations or sabotages the implementation of the state’s laws and executive regulations by utilizing superstition is to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment; when circumstances are particularly serious, to not less than seven years of fixed-term imprisonment.
Whoever organizes and utilizes superstitious sects, secret societies, and evil religious organizations or cheats others by utilizing superstition, thereby giving rise to the death of people is to be punished in accordance with the previous paragraph.
Whoever organizes and utilizes superstitious sects, secret societies, and
evil religious organizations or has illicit sexual relations with women,
defraud money and property by utilizing superstition is to be convicted and
punished in accordance with the regulations of articles 236, 266 of the
law.
Article 301. Whoever takes a lead in assembling a crowd to engage in
promiscuous activities or repeatedly participates in such activities is to
be sentenced to not more than five years of fixed-term imprisonment,
criminal detention, or control.
Whoever seduces minors to participate in mass promiscuous activities is to
be severely punished in accordance with the previous paragraph.
Article 302. Whoever steals, insults corpses is to be sentenced to not
more than three years of fixed-term imprisonment, criminal detention, or
control.
Article 303. Whoever, for the purpose of reaping profits, assembles a
crow to engage in gambling, opens a gambling house, or makes an occupation
of gambling is to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention, or control, in addition to fine.
Article 304. Postal service personnel who are severely irresponsible,
purposely delay sending mails thereby giving rise to great loss of public
properties, interests of the state and people are to be sentenced to not
more than two years of fixed-term imprisonment or criminal detention.
Section 2. Crimes of Disrupting Justice
Article 305. During the course of criminal procedures, any witness,
expert witness, recorder, translator who purposely makes false testimony,
makes expert evaluation, records, translates with an intention to frame
others or conceal criminal evidence in the circumstances which have an
important bearing on a case is to be sentenced to not more than three years
of fixed-term imprisonment or criminal detention; when the circumstances
are severe, to not less than three years and not more than seven years of
fixed-term imprisonment.
Article 306. During the course of criminal procedure, any defender, law
agent destroys, falsifies evidence, assist parties concerned in destroying,
falsifying evidence, threatening, luring witnesses to contravene facts,
change their testimony or make false testimony is to be sentenced to not
more than three years of fixed-term imprisonment or criminal detention;
when the circumstances are severe, to not less than three years and not
more than seven years of fixed-term imprisonment.
If witnesses, testimonies, or other evidences provided, shown, used by a
defender, law agent are not true but are not falsified purposely, they do
not fall into the category of falsifying evidences.
Article 307. Whoever stops with violence, threat, bribe, and other
methods a witness to testify or instigates others to make false testimony
is to be sentenced to not more than three years of fixed-term imprisonment
or criminal detention; when the circumstances are severe, to not less than
three years but not more than seven years of fixed-term imprisonment.
Whoever assists the parties concerned in destroying or falsifying evidences
is to be sentenced to not more than three years of fixed-term imprisonment
or criminal detention if the circumstances are severe.
Any judicial personnel committing the crimes as stated in the previous two
paragraphs is to be severely punished.
Article 308. Whoever resorts to persecution and retaliation against a witness is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the circumstances are severe, to not less than three years and not more than seven years of fixed-term imprisonment.
Article 309. Whoever gathers a crowd to make disturbances, charges a court, or beats judicial personnel, severely disturbs the order of a court is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or to be fined.
Article 310. Whoever provides a person who he clearly knows to be a convict witha hiding place, financial and material support, assists him to escape, hides, or protects him by falsifying evidence is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control; when the circumstances are severe, to not less than three years but not more than ten years of fixed-term imprisonment.
Whoever commits a crime as stated in the previous paragraph and conspires in advance is to be punished as committing a joint crime.
Article 311. Whoever refuses to provide information, when the state’s public security organs look into relevant situations and collect relevant evidence from him, about other people who he clearly knows have conducted criminal espionage activities is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control if the circumstances are severe.
Article 312. Whoever conceals, transfers, purchases, or acts as an agent
to sell something he clearly knows as booty which have been gained through
committing a crime is to be sentenced to not more than three years of
fixed-term imprisonment, criminal detention, or control and may in addition
or exclusively be sentenced to a fine.
Article 313. Whoever refuses to carry out a decision or order made by a
people’s court while he is able to carry it out is to be sentenced to not
more than three years of fixed-term imprisonment, criminal detention, or be
fined if the circumstances are severe.
Article 314. Whoever hides, transfers, sells off, purposely destroys
property which is already sealed, seized, or frozen is to be sentenced to
not more than three years of fixed-term imprisonment, criminal detention,
or be fined if the circumstances are severe.
Article 315. Criminals who, in accordance with the law, are already under
detention and perform one of the following acts which sabotage supervision
order are to be sentenced to not more than three years of fixed-term
imprisonment if the circumstances are severe:
(1) beat supervising personnel;
(2) organize other people under detention to sabotage supervision
order;
(3) assemble a crowd to make trouble, thereby disturbing normal
supervision order;
(4) beat, carry out corporal punishment on or instigate other people
to beat, carry out corporal punishment on other people under
detention.
Article 316. Criminals, defendants, criminal suspects who are already
under detention in accordance with the law and who escape are to be
sentenced to not more than five years of fixed-term imprisonment or
criminal detention.
Whoever seizes by force criminals, defendants, criminal suspects who are
sent under escort is to be sentenced to not more than seven years of
fixed-term imprisonment; when the circumstances are severe, to not less
than seven years of fixed-term imprisonment.
Article 317. Whoever takes a lead in organizing an attempt to escape from
a prison or whoever takes an active part in the attempt is to be sentenced
to not less than five years of fixed-term imprisonment; others who
participate in the attempt to not more than five years of fixed-term
imprisonment or criminal detention.
Whoever takes a lead in staging a riot to escape from a prison or in
assembling a crowd to open a prison with tools or whoever takes an active
part in the attempt is to be sentenced to not less than ten years of
fixed-term imprisonment or life imprisonment; when the circumstances are
particularly severe, to death penalty; others who participate in the
attempt to not less than three years and not more than ten years of
fixed-term imprisonment.
Section 3. Crimes of Disrupting Administration of the Border
Article 318. Whoever organizes people to secretly cross the national boundary (border) shall be sentenced to not less than two years and not more than seven years of fixed- term imprisonment and a fine; or not less than seven years of fixed-term imprisonment or to life imprisonment, and may in addition be sentenced to a fine or confiscation of property for any of the following situations:
(1) ringleader who organizes people to secretly cross the national boundary (border);
(2) repeatedly organizing people to secretly cross the national boundary (border) or organizing a large number of people to secretly cross the national boundary (border);
(3) causing serious injuries and deaths to the people being organized;
(4) depriving or restricting personal freedom of the people being organized;
(5) resisting investigation by violent or threatening methods;
(6) obtaining huge amounts of illegal income;
(7) other exceptionally serious circumstances.
Whoever commits the crimes mentioned in the preceding paragraph, killing, harming, raping, and kidnapping and selling the people being organized, or
the crimes of killing and harming investigating personnel shall be punished
in accordance with the stipulations concerning combined punishment for more
than one crime.
Article 319. Whoever defrauds people, in the name of labor export and
economic and trade exchanges or for other reasons, of their exit documents such as passports and visas through fraud and deception for use in organizing people in the secret crossing of the national boundary (border) shall be sentenced to not more than three years of fixed-term imprisonment, and may in addition be sentenced to a fine; and when the circumstances are serious, not less than three years and not more than 10 years of fixed-term imprisonment, and may in addition be sentenced to a fine.
Institutions which commit the crimes mentioned in the preceding paragraph shall be sentenced to a fine, and principal personnel directly responsible for the crime and other personnel with direct responsibility shall be punished in accordance with the stipulations of the preceding paragraph.
Article 320. Whoever provides fake and altered exit and entry documents such as passports and visas, or sells exit and entry documents such as passports and visas, shall be sentenced to not more than five years of fixed-term imprisonment, and may in addition be sentenced to a fine; and when the circumstances are serious, not less than five years of fixed-term imprisonment, and may in addition be sentenced to a fine.
Article 321. Whoever transports people secretly across the national boundary (border) shall be sentenced to not more than five years of fixed-term imprisonment and criminal detention or control, and may in addition be sentenced to a fine; or not less than five years and not more than 10 years of fixed-term imprisonment and a fine for any of the following situations:
(1) repeatedly involving in transporting activities or transporting a
large number of people;
(2) using transportation means such as ships and vehicles that do not
meet essential safety conditions and that are sufficient to cause
serious consequences;
(3) otaining huge amount of illegal income;
(4) other exceptionally serious circumstances.
Whoever, in the course of transporting people secretly across the national
boundary (border), causes heavy injuries and deaths to the people being
transported or resists investigation by violent and threatening methods
shall be sentenced to not less than seven years of fixed-term imprisonment,
and may in addition be sentenced to a fine.
Whoever commits the crimes mentioned in the two preceding paragraphs by
killing, harming, raping, and kidnapping and selling the people being
transported; or the crimes of killing and harming investigating personnel
shall be punished in accordance with the stipulations concerning combined
punishment for more than one crime.
Article 322. Whoever violates the laws and regulations controlling secret
crossing of the national boundary (border), and when the circumstances are
serious, shall be sentenced to not more than one year of fixed-term
imprisonment and criminal detention or control.
Article 323. Whoever intentionally sabotages boundary tablets, boundary
markers or survey indicators of a permanent nature along the borders of the
country shall be sentenced to not more than three years of fixed-term
imprisonment or criminal detention.
Section 4. Crimes of Disrupting Administration of Cultural Relics
Article 324. Whoever intentionally destroys precious cultural relics
under state protection or designated cultural relics of state institutions
for protecting major cultural relics and provincial-level cultural relics
protection departments shall be sentenced to not more than three years in
fixed-term imprisonment or criminal detention, and may in addition or
exclusively be sentenced to a fine; or when the circumstances are serious,
not less than three years and not more than 10 years of fixed-term
imprisonment, and may in addition be sentenced to a fine.
Whoever intentionally destroys state-protected places of historical
interest or scenic beauty, and when the circumstances are serious, shall be
sentenced to not more than five years of fixed-term imprisonment or
criminal detention, and may in addition or exclusively be sentenced to a
fine.
Whoever, through negligence, destroys precious cultural relics under state
protection or designated cultural relics of state institutions for
protecting major cultural relics and provincial-level cultural relics
protection departments shall be sentenced to not more than three years in
fixed- term imprisonment or criminal detention.
Article 325. Whoever violates laws and regulations on cultural relics
protection by secretly selling or giving to foreigners his or her
collection of precious cultural relics, the export of which is banned by the state shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and may in addition be sentenced to a fine.
Institutions which commit the crime mentioned in the preceding paragraph shall be sentenced to a fine, and principal personnel directly responsible for the crime and other personnel with direct responsibility shall be punished in accordance with the stipulations of the preceding paragraph.
Article 326. Whoever, for the purpose of reaping profits, resells cultural relics, the transaction of which is banned by the state and when the circumstances are serious, shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and may in addition be sentenced to a fine, or when the circumstances are exceptionally serious, not less than five years and not more than 10 years of fixed-term imprisonment, and may in addition be sentenced to a fine.
Institutions which commit the crime mentioned in the preceding paragraph shall be sentenced to a fine, and principal personnel directly responsible for the crime and other personnel with direct responsibility shall be punished in accordance with the stipulations of the preceding paragraph.
Article 327. States-owned museums, libraries, and other units that violate the laws and regulations on protection of cultural relics, selling or giving without permission cultural relic objects under state protection to non-state- owned units or individuals are to be sentenced to a fine and persons in direct charge of the units and other persons directly involved in the case for responsibility are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention.
Article 328. Whoever robs ancient cultural ruins and ancient tomb burial objects that have historical, artistic, and scientific value are to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment and are to be sentenced to a fine; when the circumstances are relatively light in nature, the sentence is to be not more than three years of fixed-term imprisonment, criminal detention or surveillance and the offender is also to be sentenced to a fine; whoever has one of the following cases is to be sentenced to not less than ten years of fixed-term imprisonment, life imprisonment or death penalty and are in addition to be sentenced to a fine or confiscation of property.
(1) Robbing ancient cultural ruins and ancient tomb burial objects slated as selected national cultural relic protection units and province-level cultural relic protection units;
(2) ringleaders of the gangs engaged in robbing ancient cultural ruins and ancient tomb burial objects;
(3) whoever has robbed ancient cultural ruins and ancient tomb burial objects many times; and
(4) whoever robs ancient cultural ruins and ancient tomb burial objects and whoever steals precious cultural relics or causes great damage on precious cultural relics.
Whoever robs ancient human fossils and ancient vertebrate fossils that have scientific value is to be punished according to the provisions of the preceding article.
Article 329. Whoever seizes and steals state-owned records is to be
sentenced to not more than five years of fixed-term imprisonment or
criminal detention.
Whoever violates the provisions of the Archives Law, selling and
transferring state-owned records without authorization and when the
circumstances are serious is to be sentenced to not more than three years
of fixed-term imprisonment or criminal detention.
Whoever commits the preceding two acts and at the same time, they form the
other crimes specified in this law is to be convicted and punished
according to the provisions that provide relatively severe punishment.
Section 5. Crimes of Endangering Public Health
Article 330. Whoever violates the provisions of the Law on Prevention and
Cure of Contagious Diseases and has one of the following cases, causing the
spread of A-category contagious diseases or causing a serious danger of the
spread of contagious diseases is to be sentenced to not more than three
years of fixed-term imprisonment or criminal detention; when the
consequences are particularly serious, the sentence is to be not less than
three years and not more than seven years of fixed-term imprisonment.
(1) The drinking water supplied by water supply units is not up to the
hygienic standards set by the state;
(2) refusing to give sterilization treatment to sewage, pollutants,
and excrement and urine contaminated by pathogens of contagious
diseases according to the hygienic requirements set by the sanitation
and epidemic control organs;
(3) allowing or conniving at contagious disease suffers, contagious
disease pathogen carriers, and suspected contagious disease sufferers
to take up jobs susceptible to spreading contagious diseases that are
prohibited to be taken by such persons by the provisions of the public
health administrative departments of the State Council; and
(4) refusing to implement the prevention and control measures set by
the sanitation and epidemic control organs in accordance with the Law
on Prevention and Cure of Contagious Diseases.
Any unit that commits the preceding crimes is to be sentenced to a fine and
the person in direct charge of the unit and other persons directly involved
in the case for responsibility are to be punished according to the
provisions of the preceding article.
The scope of A-category contagious diseases is determined in accordance
with the “The Law of the People’s Republic of China on Prevention and Cure
of Contagious Diseases” and the relevant provisions of the State Council.
Article 331. Personnel engaged in the testing, storage, carriage, and
transporting of contagious diseases’ bacterial spawns and viruses violate
the relevant provisions of the public health administrative departments of
the State Council, causing the spread of contagious diseases’ bacterial
spawns and viruses and resulting in serious consequences are to be
sentenced to not more than three years of fixed-term imprisonment or
criminal detention; when the consequences are particularly serious, the
sentence is to be not less than three years and not more than seven years
of fixed-term imprisonment.
Article 332. Whoever violates national border health and quarantine
regulations, causing the spread of quarantined contagious diseases or a
serious danger of spreading them, is to be sentenced to not more than three
years of fixed-term imprisonment or criminal detention, and may in addition
or exclusively be sentenced to a fine.
A unit which violates the crime of the preceding paragraph shall be
sentenced to a fine, and principal personnel directly responsible to the
unit and other personnel with direct responsibility shall be penalized in
accordance with the stipulations of the preceding paragraph.
Article 333. Whoever sells blood illegally by involving others shall be
sentenced to not more than five years of fixed-term imprisonment and a
fine. Whoever, by violent and threatening methods, forces others to sell
blood shall be sentenced to not less than five years and not more than 10
years of fixed-term imprisonment and a fine.
Whoever causes harm to others through the act mentioned in the preceding
paragraph shall be convicted and fined in accordance to stipulations of
Article 234 of this law.
Article 334. Whoever illegally collects and supplies or produces and
supplies blood products that do not meet state- stipulated standards, and
enough to endanger human health, shall be sentenced to not more than five
years of fixed-term imprisonment or criminal detentionand a fine. Whoever
causes serious harm to human health shall be sentenced to not less than
five years and not more than 10 years of fixed-term imprisonment and a
fine; and for whoever causes exceptionally serious consequences, a sentence
of not less than 10 years of fixed-term imprisonment or life imprisonment,
and may in addition be sentenced to a fine or confiscation of property.
Departments that have approval from principal state departments to collect
and supply blood or produce and supply blood products but do not conduct
inspection and tests in accordance with stipulations or violate other
operations specifications, causing harm to human health, the unit concerned
shall be fined, and principal personnel directly responsible to the unit
and other personnel with direct responsibility shall be sentenced to not
more than five years of fixed-term imprisonment or criminal detention.
Article 335. Medical personnel who fail seriously to carry out their
responsibility, causing the death of patients or serious harm to the health
of patients shall be sentenced to not more than three years of fixed-term
imprisonment or criminal detention.
Article 336. Whoever illegally engages in medical practice without
obtaining the qualification for medical practice, and when the
circumstances are serious, shall be sentenced to not more than three years
of fixed-term imprisonment, criminal detention, or control, and may in
addition or exclusively be sentenced to a fine. Whoever causes serious harm
to the health of patients shall be sentenced to not less than three years
and not more than 10 years of fixed-term imprisonment, and a fine. Whoever
causes the death of patients shall be sentenced to not less than 10 years
of fixed-term imprisonment and a fine.
Whoever conducts unauthorized birth control reversal surgery, fake birth
control surgery, and pregnancy termination surgery, or takes out birth
control devices from the womb, and when the circumstances are serious,
shall be sentenced to not more than three years of fixed-term imprisonment,
criminal detention, or control, and may in addition or exclusively be
sentenced to a fine. Whoever causes serious harm to the health of patients
shall be sentenced to not less than three years and not more than 10 years
of fixed-term imprisonment and a fine. Whoever causes the death of patients
shall be sentenced to not less than 10 years of fixed-term imprisonment and
a fine.
Article 337. Whoever violates the stipulations of the Quarantine Law on
the Entry and Exit of Animals and Plants, causing major proliferation of
animal and plant diseases, shall be sentenced to not more than three years
of fixed- term imprisonment or criminal detention, and may in addition or
exclusively be sentenced to a fine.
Units that commit the crime of the preceding paragraph shall be sentenced
to a fine, and principal personnel directly responsible to the unit and
other personnel with direct responsibility shall be penalized in accordance
with the stipulations of the preceding paragraph.
Section 6. Crimes of Undermining Protection of Environmental Resources
Article 338. Whoever releases, dumps, or disposes of radioactive wastes,
wastes containing pathogen of contagious diseases, and toxic materials or
other dangerous wastes into land, water, and the atmosphere in violation of
state stipulations, causing major environment pollution accidents, heavy
losses to public and private property, or grave consequences of personal
deaths and injuries shall be sentenced to not more than three years of
fixed-term imprisonment or criminal detention, and may in addition or
exclusively be sentenced to a fine; and in exceptionally serious
consequences, not less than three years and not more than seven years of
fixed-term imprisonment, and a fine.
Article 339. Those who dump, store or process solid waste from abroad in
the country in violation of state regulations are to be sentenced to not
more than five years of fixed-term imprisonment or criminal detention, and
in addition be sentenced to a fine. Those whose acts cause serious
environmental pollution and major damages to public or private properties
or seriously endanger people’s health are to be punished by sentence of not
less than five years and not more than 10 years of fixed-term imprisonment,
and in addition be sentenced to a fine. Those whose acts have especially
serious consequences are to be sentenced to more than 10 years of
fixed-term imprisonment, and in addition be sentenced to a fine.
Those who import solid waste as raw material without the approval of
concerned administrative department of the State Council and cause serious
environmental pollution, major damages to public or private properties and
or seriously endanger people’s health are to be sentenced to not more than
five years of fixed-term imprisonment or criminal detention, and in
addition be sentenced to a fine.
Those whose acts are especially serious are to be sentenced to not less
than five years and not more than 10 years of fixed-term imprisonment, and
in addition be sentenced to a fine.
Those who import solid waste in the name of raw material which cannot be
used as material are to be punished in accordance with the provisions of
Article 155 of this Law.
Article 340. Those who violate laws and regulations to protect aquatic
products and catch aquatic products in forbidden areas or forbidden periods
or use tools and methods in violation of regulations in a serious nature
are to be sentenced to not more than three years of fixed-term imprisonment
or criminal detention or control, and may in addition be sentenced to a
fine.
Article 341. Those who illegally hunt and kill rare and endangered wild
animals which are under the state key production plan or illegally
purchase, transport or sell those rare and endangered wild animals and
their manufactured products are to be sentenced to not more than five years
of fixed-term imprisonment or criminal detention, and may in addition be
sentenced to a fine. In serious cases, those law offenders are to be
sentenced to not less than five years and not more than 10 years of
fixed-term imprisonment, and may in addition be sentenced to a fine. In
especially serious cases, those law offenders are to be sentenced to more
than 10 years of fixed-term imprisonment, and in addition be sentenced to a
fine and confiscation of their properties.
Those who violate hunting law and regulations and use tools and methods
which are forbidden to be used in no- hunting zones or periods and thus
damage the source of wild animals and if the situation is serious are to be
sentenced to not more than five years of fixed-term imprisonment or
criminal detention or control, and in addition be sentenced to a fine.
Article 342. Those who illegally occupy farmland for other uses in
violation of land administrative law and regulations in a relatively large
area and cause damage to large tracts of farmland are to be sentenced to
not more than five years of fixed-term imprisonment or criminal detention,
and in addition be sentenced to a fine or may be sentenced to a simple
fine.
Article 343. Those who violate the stipulations of the Mineral Resources
Law and start to engage in mining operation without first obtaining a
mining permit, those who wantonly enter state mining areas which are
important to the national economy or mining areas of other people, those
who wantonly excavate special minerals protected by the state and those who
continue mining operations and cause damage to mineral resources after
receiving a notice to stop such operation are to be sentenced to not more
than three years of fixed-term imprisonment or criminal detention or
control, and in addition be sentenced to a fine or may be sentenced to a
simple fine. Those whose operations have caused serious damages to natural
resources are to be sentenced to not less than three years and not more
than seven years of fixed-term imprisonment, and in addition be sentenced
to a fine.
Those who violate the stipulations of Mineral Resources Law and use
destructive mining methods to tap mineral resources and have caused serious
damages to mineral resources are to be sentenced to not more than five
years of fixed-term imprisonment or criminal detention, and in addition be
sentenced to a fine.
Article 344. Those who violate the stipulations of the Forestry Law and
engage in illegal logging and damage valuable trees are to be sentenced to
not more than three years of fixed-term imprisonment or criminal detention
or control, and in addition be sentenced to a fine. In serious cases, those law offenders are to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment and, in addition, be sentenced to a fine.
Article 345. Those who have engaged in illegal logging of forest or other trees in relatively large quantity are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention or control, and in addition be sentenced to a fine. They may be punished by a simple fine.
If the quantity is quite large, those law offenders are to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment and, in addition, be sentenced to a fine. If the quantity is especially large, those law offenders are to be sentenced to more than seven years of fixed-term imprisonment and, in addition, be sentenced to a fine. Those who violate the stipulations of the Forestry Law and engage in wanton logging of forest or other trees in relatively large quantity are to be sentenced to less than three years fixed- term imprisonment, or criminal detention or control and, in addition, be sentenced to a fine. They may also be punished by a simple fine. If the quantity is especially large, the law offenders are to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment and, in addition, be sentenced to a fine.
Those who, in order to make a profit, illegally purchase timber from illegal or wanton logging in a serious manner are to be sentenced to less than three years of fixed-term imprisonment or criminal detention or control and, in addition, be sentenced to a fine. They may also be punished by a simple fine. In especially serious cases, those law offenders are to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment and, in addition, be sentenced to a fine.
Those who engage in illegal and wanton logging of forests or other trees inside state natural protection zones are to be punished in a severe manner.
Article 346. If a unit commits the crimes stipulated in Article 338 to 345, the unit will be sentenced to a fine, while the leading person with direct responsibility and other personnel directly responsible for such violations are to be punished in accordance with the stipulations of related articles.
Section 7. Crimes of Smuggling, Trafficking, Transporting and Manufacturing Drugs
Article 347. Those who commit the crimes of smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity of drugs, shall be investigated for their criminal responsibility and punished according to the Criminal Law.
Those who smuggle, traffic, transport or manufacture drugs with one of the following conditions are to be punished by 15 years of fixed-term imprisonment, life imprisonment or death sentence, and, in addition, confiscation of their properties:
(1) Smuggling, trafficking, transporting or manufacturing opium with a quantity of more than 1,000 grams [ke 0344], heroin or methylaniline [jia ji ben bing an 3946 1015 0058 0014 5143] with a quantity of more than 50 grams or other narcotics with a large quantify;
(2) The principal leaders of criminal groups engaged in smuggling, trafficking, transporting and manufacturing drugs;
(3) Those who use arms to cover up smuggling, trafficking, transporting and manufacturing drugs;
(4) Those who use violence to resist inspection, detention or arrest in serious situation; and
(5) Those who take part in organized international drug trafficking
activities.
Those who smuggle, traffic, transport or manufacture opium with a quantity
less than 1,000 grams but more than 200 grams, those who smuggle, traffic,
transport or manufacture heroin or methylaniline with a quantity less than
50 grams but more than 10 grams, and those who deal with other drugs in
large quantity are to be sentenced to more than seven years of fixed-term
imprisonment and, in addition, be sentenced to a fine.
Those who smuggle, traffic, transport or manufacture opium with a quantity
less than 200 grams, those who smuggle, traffic, transport or manufacture
heroin or methylaniline with a quantity less than 10 grams, or those who
deal with a small quantity of other drugs are to be sentenced to less than
three years of fixed-term imprisonment, detention or control, and, in
addition, be sentenced to a fine. In more serious cases, those law
offenders are to be sentenced to more than three years but less than seven
years of fixed-term imprisonment and, in addition, be sentenced to a fine.
Units which commit the crimes as stated in (2), (3) and (4) above are to be
penalized with a fine. Their leading personnel directly responsible for
those acts and other directly responsible personnel are to be punished in
accordance with the above sections of this article.
Those who utilize or urge youngsters to engage in smuggling, trafficking,
transporting or manufacturing drugs or selling drugs to youngsters are to
be punished in a heavier manner.
As to those who commit crimes repeatedly, the quantities of drugs involved
in smuggling, trafficking, transporting and manufacturing will be combined
in the judgment for sentencing.
Article 348. Those who illegally hold more than 1,000 grams of opium or
more than 50 grams of heroin or methylaniline or large quantities of other
drugs are to be sentenced to more than seven years of fixed-term
imprisonment or life imprisonment and, in addition, be sentenced to a fine.
Those who illegally hold more than 200 grams but less than 1,000 grams of
opium or hold more than 10 grams of heroin but less than 50 grams of
methylaniline or hold a large quantity of other drugs are to be sentenced
to less than three years of fixed-term imprisonment or detention or control
and, in addition, be sentenced to paying a fine. In serious cases, the law
offenders are to be sentenced to more than three years but less than seven
years of fixed-term imprisonment and, in addition, be sentenced to paying a
fine.
Article 349. Those who provide cover for criminals who have engaged in
smuggling, trafficking, transporting and manufacturing drugs and those who
hide, move or conceal drugs and properties of criminals are to be sentenced
to less than three years of fixed-term imprisonment, detaining or control.
In serious cases, they are to be sentenced to more than three years but
less than 10 years of fixed-term imprisonment.
Anti-drug smuggling personnel or other workers of state organs who shield
or harbor criminal elements who smuggle, sell, transport, or make drugs,
are to be severely punished according to stipulations of the above
paragraph.
Those who conspire with others in advance to commit crimes stipulated in
the above two paragraphs of this article are to be handled as accomplices
of smuggling, trafficking, transporting, or making drugs.
Article 350. Those violating the state’s regulations to illegally
transport or hand carry into or out of the country acetic oxide, ethyl
ether, chloroform, or other raw materials or elixirs for making drugs; and
those violating the state’s regulations to illegally sell or buy the
aforementioned materials within the country, are to be sentenced to three
years or fewer in prison or put under criminal detention or surveillance,
in addition to paying a fine. Those involved in large amounts of drugs are
to be sentenced to three to 10 years in prison, in addition to paying a
fine.
Those providing aforementioned materials to those whom they know are making
drugs are to be handled as accomplices to the making of drugs.
Units committing crimes stipulated in the above two paragraphs are to be
fined, and their persons directly in charge and other personnel directly
responsible for the case are to be punished according to stipulations of
the above two paragraphs.
Article 351. Illegal growing of opium poppy, marijuana, or other kinds of
plants from which drugs are extracted is to be forcibly eliminated. Those
falling in one or more of the following cases are to be sentenced to five
years or fewer in prison or put under criminal detention or surveillance,
in addition to fine:
(1) Those growing more than 500 but fewer than 3,000 opium poppy
plants, or those growing relatively large numbers of other kinds of
plants from which drugs are extracted;
(2) those who grow again after their cases have been settled by a
public security organ;
(3) those refusing and resisting elimination of their crops.
Those illegally growing more than 3,000 opium poppy plants or large numbers
of other kinds of plants from which drugs are extracted are to be sentenced
to five years or more in prison, in addition to paying a fine or having
their property confiscated.
Those illegally growing opium poppy plants or other kinds of plants from
which drugs are extracted but voluntarily wiping them out before reaping
them may be exempted from punishment.
Article 352. Those illegally selling, buying, transporting, hand
carrying, or those who are illegally in possession of non-sterilized seeds
or saplings of opium poppy or other kinds of plants from which drugs are
extracted, if the amounts are relatively large, are to be sentenced to
three years or fewer in prison or put under criminal detention or
surveillance, in addition to paying a fine; or are to be fined.
Article 353. Those who lure, instigate, or trick others into taking or
injecting drugs are to be sentenced to three years or fewer in prison or
put under criminal detention or surveillance, in addition to fine. If the
case is serious, they are to be sentenced to three to seven years in prison
in addition to paying a fine.
Those forcing others to take or inject drugs are to be sentenced to three
to 10 years in prison in addition to paying a fine.
Those luring, instigating, tricking, or forcing minors into taking or
injecting drugs are to be severely punished.
Article 354. Those harboring others who take or inject drugs are to be
sentenced to three years or fewer in prison or put under criminal detention
or surveillance, in addition to paying a fine.
Article 355. Personnel who produce, transport, manage, or use according
to law narcotics or drugs for mental sickness under the state’s control and
who, in violation to the state’s regulations, provide those who take or
inject drugs with addictive narcotics or drugs for mental sickness that are
under the state’s control are to be sentenced to three years or fewer in
prison or put under criminal detention, in addition to fine. If the case is
serious, they are to be sentenced to three to seven years in prison in
addition to paying a fine. Those providing addictive narcotics or drugs for
mental sickness that are under the state’s control to criminal elements
engaging in smuggling or trafficking drugs or, with the purpose of making
profits, to those taking or injecting drugs, are to be convicted and
punished according to article 347 of this law.
Units committing crime stipulated in the above paragraph are to be fined,
and their persons directly in charge and other personnel directly
responsible for the case are to be punished according to stipulations of
the above paragraph.
Article 356. Those who have been convicted of smuggling, trafficking,
transporting, or making drugs, or who are illegally in possession of drugs,
and who again commit the crime stipulated in this section, are to be
severely punished.
Article 357. Drugs as mentioned in this law refer to opium, heroin, ice,
morphine, marijuana, cocaine, and other addictive narcotics and drugs for
mental sickness that are under the state’s control.
The amounts of drugs are to be calculated according to the verified amounts
of drugs smuggled, sold, transported, or made, or the amounts illegally in
possession, and are not to be calculated in terms of the pureness of the drugs.
Section 8. The Crime of Organizing, Forcing, Seducing, Harboring, or Introducing Prostitution
Article 358. Those organizing others for or forcing others into prostitution are to be sentenced to five to 10 years in prison in addition to having to pay a fine. Those falling in one or more of the following cases are to be sentenced to 10 years or more in prison or given a life sentence, in addition to a fine or confiscation of property:
(1) Those committing serious crimes of organizing others for prostitution;
(2) those forcing young girls under the age of 14 into prostitution;
(3) those forcing more than one person into prostitution and those repeatedly forcing others into prostitution;
(4) those forcing others who were raped by them into prostitution;
(5) those causing severe injuries, death, or other serious consequences to those who are forced into prostitution.
Those committing one or more of the above crimes, if the case is especially serious, are to be given a life sentence or sentenced to death, in addition to confiscation of property.
Those helping others organize people for prostitution are to be sentenced
to five years or fewer in prison in addition to a fine. If the case is
serious, they are to be sentenced to five to 10 years in prison in addition
to being fined.
Article 359. Those harboring prostitution or seducing or introducing
others into prostitution are to be sentenced to five years or fewer in
prison or put under criminal detention or surveillance, in addition to
paying a fine. If the case is serious, they are to be sentenced to five
years or more in prison in addition to a fine.
Those seducing young girls under 14 years of age into prostitution are to
be sentenced to five years or more in prison in addition to a fine.
Article 360. Those engaging in prostitution or visiting a whorehouse
knowing that they are suffering from syphilis, clap, or other serious
venereal diseases are to be sentenced to five years or fewer in prison or
put under criminal detention or surveillance, in addition to having to pay
a fine.
Those who visit young girl prostitutes under 14 years of age are to be
sentenced to five years or more in prison an addition to paying a fine.
Article 361. Personnel of hotels, restaurants, entertainment industry,
taxi companies, and other units who take advantage of their units’ position
to organize, force, seduce, harbor, or introduce others to prostitution are
to be convicted and punished according to articles 358 and 359 of this law.
Main persons in charge of the aforementioned units who commit crimes
stipulated in the above paragraph are to be severely punished.
Article 362. Personnel of hotels, restaurants, entertainment industry,
taxi companies, or other units who inform law offenders and criminals while
public security personnel are checking prostitution and whorehouse visiting
activities, if the case is serious, are to be convicted and punished
according to article 310 of this law.
Section 9. The Crime of Producing, Selling, or Disseminating Obscene
Materials
Article 363. Those producing, reproducing, publishing, selling, or
disseminating obscene materials with the purpose of making profits are to
be sentenced to three years or fewer in prison or put under criminal
detention or surveillance, in addition to paying a fine. If the case is
serious, they are to be sentenced to three to 10 years in prison in
addition to having to pay a fine. If the case is especially serious, they
are to be sentenced to 10 years or more in prison or given life sentence,
in addition to a fine or confiscation of property.
Those providing others with international standard book numbers [ISBN] for
publishing obscene books or magazines are to be sentenced to three years or
fewer in prison or put under criminal detention or surveillance, in
addition to having to pay a fine; or are to be fined. Those providing
others with ISBNs knowing that they are going to use them for publishing
obscene books or magazines are to be punished according to the above
stipulations.
Article 364. Those disseminating obscene books, magazines, films, audio
or video products, pictures, or other kinds of obscene materials, if the
case is serious, are to be sentenced to two years or fewer in prison or put
under criminal detention or surveillance.
Those organizing the broadcasting or showing of obscene motion pictures,
video films, or other kinds of audio or video products are to be sentenced
to three years or fewer in prison or put under criminal detention or
surveillance, in addition to having to pay a fine. If the case if serious,
they are to be sentenced to three to 10 years in prison in addition to
paying a fine.
Those producing or reproducing and organizing the broadcasting or showing
of obscene motion pictures, video tapes, or other kinds of audio or video
products are to be severely punished according to stipulations in paragraph
two of this article.
Those broadcasting or showing obscene materials to minors under 18 years of
age are to be severely punished.
Article 365. Those organizing an obscene performance are to be sentenced
to three years or fewer in prison or put under criminal detention or
surveillance, in addition to paying a fine. If the case is serious, they
are to be sentenced to three to 10 years in prison in addition to having to
pay a fine.
Article 366. Units committing crimes stipulated in articles 363, 354, or
365 of this section are to be fined, and their main persons directly in
charge and other personnel directly responsible for the case are to be
punished according to stipulations of respective articles.
Article 367. Obscene materials mentioned in this law refer to erotic
books, magazines, motion pictures, video tapes, audio tapes, pictures, and
other obscene materials that graphically describe sexual intercourse or
explicitly publicize pornography.
Scientific products about physiological or medical knowledge are not
obscene materials.
Literary and artistic works of artistic value that contain erotic contents
are not regarded as obscene materials.
Chapter VII Crimes of Endangering the Interests of National Defense
Article 368. Those who use methods of violence or threat to obstruct
military personnel from carrying out their duties in accordance with the
law are to be sentenced to not more then three years of fixed-term
imprisonment, or criminal detention or control and may, in addition, be
sentenced to a fine.
Those who intentionally obstruct military actions of the armed forces and
cause serious consequences are to be sentenced to not more than five years
of fixed-term imprisonment or criminal detention.
Article 369. Those who sabotage weapons and equipment, military
facilities or military communications are to be sentenced to not more than
three years of fixed- term imprisonment or criminal detention or control.
Those who sabotage important weapons and equipment, military facilities or
military communications are to be sentenced to more than three years but
less than 10 years of fixed-term imprisonment. Those whose crimes are
especially serious are to be sentenced to more than 10 years of fixed-term
imprisonment, life imprisonment or death. During war times, the punishment
will be more severe.
Article 370. Those who knowingly supply unqualified weapons and equipment
and other military facilities to armed units are to be sentenced to not
more than five years fixed- term imprisonment or criminal detention. In
serious cases, those law offenders are to be sentenced to more than five
years but less than 10 years of fixed-term imprisonment. In especially
serious cases, those law offenders are to be sentenced to more than 10
years of fixed-term imprisonment, life imprisonment or death.
Those who commit the above-mentioned crimes and cause serious consequences
due to negligence are to be sentenced to not more than three years of
fixed-term imprisonment or criminal detention. Those who commit above-
mentioned crimes and cause especially serious consequences due to
negligence are to be sentenced to more than three years but less than seven
years of fixed-term imprisonment.
If a unit commits crimes noted in section one of this article, the unit
will be sentenced to a fine. Leading personnel of the unit having direct
responsibility and other personnel directly responsible for the crimes are
to be punished in accordance with section one of this article.
Article 371. The principal leaders of those who assemble a crowd to
charge military forbidden zones and seriously disrupt order in military
forbidden zones are to be sentenced to more than five years but less than
10 years of fixed-term imprisonment. Other active participants are to be
sentenced to not more than five years of fixed-term imprisonment, criminal
detention or control or deprivation of political rights.
The principal leaders of those who assemble a crowd to seriously disrupt
order in military administrative zones, hamper operation in the military
administrative zones and cause serious losses are to be sentenced to more
than three years but less than seven years of fixed-term imprisonment.
Other active participants are to be sentenced to not more than three years
of fixed-term imprisonment, criminal detention, control or deprivation of
political rights.
Article 372. Those who pose as military personnel and engage in cheating
and bluffing are to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention, control or deprivation of political
rights. In serious cases, those law offenders are to be sentenced to more
than three years but less than 10 years of fixed-term imprisonment.
Article 373. Those who instigate military personnel to escape from the
unit to which they belong or knowingly employ those escaped military
personnel are to be sentenced to not more than three years of fixed-term
imprisonment, criminal detention or control if the situation is serious.
Article 374. Those who play favoritism and commit irregularities in
conscription work or receive and deliver unqualified enlisted men are to be
sentenced to not more than three years of fixed-term imprisonment or
criminal detention if the situation is serious. Those law offenders are to
be sentenced to more than three years but less then seven years fixed-term
imprisonment if the consequences are especially serious.
Article 375. Those who forge, alter, buy or sell, steal or rob documents,
certificates and seals of armed units are to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention, control or
deprivation of political rights. If the situation is serious, those law
offenders are to be sentenced to more than three years but less than 10
years of fixed-term imprisonment.
Those who illegally produce, buy or sell uniform, vehicle licenses and
other military signs of armed forces are to be sentenced to not more three
years of fixed-term imprisonment, criminal detention or control if the
situation is serious, and, in addition, be sentenced to a fine.
Units which commit the crime of paragraph two of this article are to be
sentenced to a fine. The principal leading persons responsible for the
crime and other directly responsible personnel are to be punished in
accordance with paragraph two of this article.
Article 376. Reserve service personnel who refuse or evade conscription
or military training in times of war are to be sentenced to not more than
three years of fixed-term imprisonment or criminal detention if the
situation is serious.
Citizens who refuse or evade conscription in times of war are to be
sentenced to not more two years of fixed-term imprisonment if the situation
is serious.
Article 377. Those who intentionally provide false enemy information and
thus cause serious consequences are to be sentenced to more than three
years but less than 10 years of fixed-term imprisonment. Those whose acts
cause especially serious consequences are to be sentenced to more then 10
years of fixed-term imprisonment or life imprisonment.
Article 378. Those who create rumors and undermine the morale of the
armed forces are to be sentenced to not more three years of fixed-term
imprisonment, criminal detention or control. In serious cases, those law
offenders are to be sentenced to more than three years but less than 10
years of fixed-term imprisonment.
Article 379. Those who knowingly provide shelter, properties and things
for escaped military personnel in times of war are to be sentenced to not
more than three years of fixed-term imprisonment or criminal detention if
the situation is serious.
Article 380. Units which refuse or intentionally delay military orders
for supplies in times of war are to be sentenced to a fine. The principal
leading responsible personnel and other persons directly responsible for
the crimes are to be sentenced to not more than five years of fixed-term
imprisonment or criminal detention. In serious cases, those law offenders
are to be sentenced to more than five years of fixed-term imprisonment.
Article 381. Those who refuse military requisition in times of war are to
be sentenced to more than three years of fixed-term imprisonment or criminal detention if the situation is serious.
Chapter VIII Graft and Bribery
Article 382. State personnel who take advantage of their office to misappropriate, steal, swindle or use other illegal means to acquire state properties constitute the crime of graft.
Those who are entrusted by state organs, state companies, state enterprises, state undertakings and mass organizations to administer and operate state properties but take advantage of their office to misappropriate, steal, swindle or use other illegal means to acquire state properties also constitute the crime of graft.
Those who collaborate with those personnel as listed in the aforementioned two paragraphs and join the crime are considered as committing a joint crime.
Article 383. Those who commit the crime of graft are to be punished according to the following stipulations depending on the seriousness of their cases:
(1) Individuals who have engaged in graft with an amount of more than 100,000 yuan are to be sentenced to more than 10 years of fixed-term imprisonment or life imprisonment and may, in addition, have their properties confiscated. In especially serious cases, those offenders are to be sentenced to death and, in addition, have their properties confiscated.
(2) Individuals who have engaged in graft with an amount of more than 50,000 yuan but less than 100,000 yuan are to be sentenced to more than 5 years of fixed-term imprisonment and may, in addition, have their properties confiscated. In especially serious cases, those offenders are to be sentenced to life imprisonment and, in addition, have their properties confiscated.
(3) Individuals who have engaged in graft with an amount of more than 5,000 yuan but less than 50,000 yuan are to be sentenced to more than one year but less than seven years of fixed-term imprisonment. In serious cases, those offenders are to be sentenced to more than seven years but less than 10 years of fixed-term imprisonment. Individuals who have engaged in graft with a amount of more than 1,000 yuan but less than 10,000 yuan may receive a reduced punishment or be exempted from punishment if they express repentance after having committed crimes and actively returning the illegally obtained money. However, they will receive administrative action to be decided by the unit to which they belong or the higher administrative organ.
(4) Individuals who have engaged in graft with an amount of less than 5,000 yuan, with the situation being serious, are to be sentenced to less than two years of fixed-term imprisonment or criminal detention.
In lighter cases, they will be given administrative action to be decided by the unit to which they belong or the higher administrative organ.
Toward those who have committed repeated crimes of graft, all amounts of graft of unhandled cases are to be added in meting out punishment.
Article 384. State personnel who take advantage of their office and misappropriate public funds for personal use or illegal activities or misappropriate large amounts of public funds without returning the money within three months are guilty of the crime of embezzlement and are to be sentenced to not more than five years of fixed-term imprisonment or criminal detention. In serious cases, those offenders are to be sentenced to more than five years of fixed-term imprisonment. Those who misappropriate a large amount of public funds without returning the money are to be sentenced to more than 10 years of fixed-term imprisonment or life imprisonment.
Those who misappropriate funds for relief of natural disasters, flood prevention, preferential treatment to military dependents, helping the poor and aid supplies for personal use are to be punished in a severe manner.
Article 385. State personnel who take advantage of their office to demand money and things from other people or if they illegally accept money and things from other people and give favors to the latter are guilty of the crime of bribery.
State personnel in their economic operation accept various kinds of kickback and handling fees for their personal use in violation of state provisions also guitly of the crime of bribery and are to be punished accordingly.
Article 386. Whoever commits the crime of accepting bribes is to be
punished on the basis of Article 383 of this law according to the amount of bribes and the circumstances.
A heavier punishment shall be given to whoever demands a bribe.
Article 387. State organs, state-owned companies, enterprises, institutions, and people’s organizations which exact or illegally accept articles of property from other people and try to obtain gain for other people shall be sentenced to a fine if the circumstances are serious; moreover, their personnel who are directly in charge and other personnel who are directly held responsible for the crime are to be sentenced to not more than five years of fixed-term imprisonment or to criminal detention.
In economic activities, should the units listed in the preceding paragraph secretly accept, outside the account, kickback or service charges of various types, they are to be punished as having accepted a bribe on the basis of the provisions in the preceding paragraph.
Article 388. State functionaries who help trustors to seek illegitimate gain, exact or accept articles of property from trustors by taking advantage of the facilities created by their authority of office or position, or through the action related to the post of other state functionaries, shall be dealt with according to the crime of accepting bribes.
Article 389. An act of giving state functionaries articles of property in order to seek illegitimate gain shall be considered a crime of offering bribes.
In economic activities, whoever gives articles of property to state
functionaries in violation of state provisions, when the amount is fairly
large, or gives a kickback or service charges of various types to state
functionaries in violation of state provisions is to be dealt with as
committing the crime of offering bribes.
Whoever gives articles of property to state functionaries due to extortion
but receives no illegitimate gain shall not be considered as committing the
crime of offering bribes.
Article 390. Whoever commits the crime of offering bribes is to be
sentenced to not more than five years of fixed-term imprisonment or to
criminal detention; whoever offers bribes to seek illegitimate gain, when
the circumstances are serious, or causes great damage to state interests,
is to be sentenced to not less than five years and not more than 10 years
of fixed-term imprisonment, or to not less than 10 years of fixed-term
imprisonment or life imprisonment when the circumstances are extremely
serious, and may in addition be sentenced to confiscation of property.
Before prosecution, offenders in offering bribes who take the initiative to
admit their crime may receive a lighter punishment or be exempted from
punishment.
Article 391. To seek illegitimate gain, whoever gives articles of
property to state organs, state-owned companies, enterprises, institutions,
and people’s organizations, or in economic activities gives kickbacks or
service charges in violation of state provisions, is to be sentenced to not
more than three years of fixed-term imprisonment or to criminal detention.
Whichever unit commits the crime mentioned in the preceding paragraph is to
be sentenced to a fine, and the responsible persons who are directly in
charge of the unit or other personnel who are held directly responsible for
the crime shall be punished on the basis of the preceding paragraph.
Article 392. Whoever introduces bribery to state functionaries, when the
circumstances are serious, is to be sentenced to not more than three years
of fixed-term imprisonment or to criminal detention.
Before prosecution, if the person introducing bribery to state
functionaries takes the initiative to admit his/her crime, he or she may
receive a lighter punishment or be exempted from punishment.
Article 393. To seek illegitimate gain, any unit which offers bribes or
gives kickback or service charges to state functionaries in violation of
state provisions, when the circumstances are serious, is to be sentenced to
a fine, and the personnel directly in charge of the unit or other personnel
who are directly held responsible for the crime are to be sentenced to not
more than five years of fixed- term imprisonment or to criminal detention.
In case the income obtained illegally through bribery is received by an
individual, the individual shall be punished according to the crime
stipulated in Article 389 and Article 390 of this law.
Article 394. State functionaries who accept gifts in the course of
carrying out official duties at home or in intercourse with foreign
countries but who fail to turn over the gifts to the state in accordance
with state provisions, when the amount is fairly large, shall be punished
in accordance with the crimes stated in Article 382 and Article 383 of this
law.
Article 395. When the property or expenses of state functionaries clearly
exceed their legitimate income, when the difference is huge, they shall be
ordered to explain the sources of their property. When state functionaries
fail to explain the legitimacy of their property, that part of property
shall be considered an illegal income, and they themselves shall be
sentenced to not more than five years of fixed-term imprisonment or to
criminal detention, and the difference must be handed over to the state.
State functionaries who have savings deposits in foreign countries must
declare their deposits according to state provisions. Those who hide their
deposits of this nature by not declaring them are to be sentenced to not
more than two years of fixed-term imprisonment or to criminal detention;
when the circumstances are not serious, they shall be given administrative
punishment by the unit to which they belong or by a competent organ of a
higher level according to the circumstance.
Article 396. State organs, state-owned companies, enterprises, business
units, and mass organizations which violate state regulations by privately
distributing state assets to groups of individuals in the name of the
units, where the amounts involved are fairly large, the principal personnel
directly responsible and other personnel with direct responsibility shall
be sentenced to not more than three years of fixed-term imprisonment or
criminal detention, and may in addition or exclusively be sentenced to a
fine; and when huge amounts are involved, not less than three years and not
more than seven years of fixed-term imprisonment, and may in addition be
sentenced to a fine.
Judicial organizations and administrative and law enforcement organizations
which violate state stipulations by privately distributing to groups of
individuals fines and confiscated goods that should be turned over to the
higher authorities, shall be punished in accordance with the stipulations
of the preceding paragraph.
Chapter IX Crimes of Dereliction of Duty
Article 397. State personnel who abuse their power or neglect their
duties, causing great losses to public property and the state’s and
people’s interests, shall be sentenced to not more than three years of
fixed-term imprisonment or criminal detention; and when the circumstances
are exceptionally serious, not less than three years and not more than
seven years of fixed-term imprisonment. Where there are separate
stipulations under this law, these stipulations shall be followed.
State personnel who practice favoritism and commit irregularities and the
crimes mentioned in the preceding paragraph shall be sentenced to not more
than five years of fixed-term imprisonment or criminal detention, and when
the circumstances are exceptionally serious, not less than five years and
not more than 10 years of fixed-term imprisonment.
Where there are separate stipulations under this law, these stipulations
shall be followed.
Article 398. State personnel who violate the stipulations of the Law of
Protection of State Secrets and intentionally or negligently reveal state
secrets, and when the circumstances are serious, shall be sentenced to not
more than three years of fixed-term imprisonment or criminal detention; and
when the circumstances are exceptionally serious, not less than three years
and not more than seven years of fixed-term imprisonment.
Non-state personnel who commit the crime mentioned in the preceding
paragraph shall be punished in consideration of the circumstances and in
accordance with the stipulations of the preceding paragraph.
Article 399. Judicial personnel who act with partiality and defeat the
ends of justice and bend the law for the benefit of relatives or friends,
subjecting to prosecution persons they clearly know to be innocent or
intentionally protecting from prosecution persons they clearly know to be
guilty, or, intentionally go against facts and laws in criminal trials to
render judgments that misuse the law, shall be sentenced to not more than
five years of fixed-term imprisonment or criminal detention, and when the
circumstances are serious, not less than five years and not more than 10
years of fixed-term imprisonment; and in exceptionally serious
circumstances, not less than 10 years of fixed-term imprisonment.
Whoever intentionally goes against facts and laws in civil and
administrative trials to render judgments that misuse the law, and when the
circumstances are serious, shall be sentenced to not more than five years
of fixed-term imprisonment; and in exceptionally serious circumstances, not
less than five years and not more than 10 years of fixed-term imprisonment.
Judicial personnel who take bribes and bend the law and commit the crimes
mentioned in the two preceding paragraphs, and meanwhile constituting the
crimes mentioned in Article 385 of this law, shall be convicted and
punished in accordance with the stipulations for a heavier penalty.
Article 400. Judicial work personnel who release without authority crime
suspects, accused persons, or criminals from custody shall be punished with
imprisonment or criminal detention of less than five years; or — for cases
of a serious nature — with imprisonment of over five years and less than
10 years; or — for cases of an extraordinary serious nature — with
imprisonment of over 10 years.
Judicial work personnel who, because of serious irresponsibility, cause the
escape of crime suspects, accused persons, or criminals from custody
resulting in severe consequences, shall be punished with imprisonment or
criminal detention of less than three years; or — for cases causing
extraordinary serious consequences — with imprisonment of over three years
and less than 10 years.
Article 401. Judicial work personnel who, because of favoritism and
malpractice, offer commutation, parole, or out-of-prison enforcement for
offenses that fail to meet requirements of such commutation, parole, or
out-of-prison enforcement, shall be punished with imprisonment or criminal
detention of less than three years; or — for cases of a serious nature —
with imprisonment of over three years and less than seven years.
Article 402. Administrative law enforcement personnel who, because of
favoritism and malpractice, fail to refer cases to judicial organs for
establishing criminal liabilities under the law, shall — in cases of a
serious nature — be punished with imprisonment or criminal detention of
less than three years; or — where serious consequences have been caused —
with imprisonment of over three years and less than seven years.
Article 403. State organ work personnel under relevant competent state
departments, who, because of favoritism, malpractice, and abuse of powers,
approve or register the incorporation or registration of companies that
fail to meet conditions required by law, or approve their applications for
issuance of shares or bonds, or listing resulting in serious losses to
public property and interests of the state and the people, shall be
punished with imprisonment or criminal detention of less than five years.
Personnel directly in charge of a department of a higher level that
forcibly order registration organs or their work personnel to commit acts
of the preceding paragraph shall be punished according to provisions of the
preceding paragraph.
Article 404. Work personnel of tax organs, who, because of favoritism and
malpractice, fail to impose or impose less mandatory taxes resulting in
serious losses of state revenues, shall be punished with imprisonment or
criminal detention of less than five years; or — in cases causing
extraordinary serious losses — with imprisonment of over five years.
Article 405. Work personnel of tax organs, who, in violation of
provisions under the law and administrative rules, cause great losses to
state interests in handling work relating to sale of invoices, tax
offsetting, and export tax refund as a result of favoritism and
malpractice, shall be punished with imprisonment or criminal detention of
less than five years; or — in cases causing extraordinary serious losses
to state interests — with imprisonment of over five years.
Other state organ work personnel, who, in violation of state stipulations,
practice favoritism and malpractice in work relating to export tax refunds,
including provision of customs declaration bills for export goods, and
verification and cancellation of exchange earnings through export,
resulting in serious losses to state interests, shall be punished according
to the provisions of the preceding paragraph.
Article 406. Work personnel of state organs, who, because of serious
irresponsibility, have been deceived in the course of entering or executing agreements, resulting in serious losses to state interests, shall be punished with imprisonment or criminal detention of less than three years; or — for cases causing extraordinary serious losses to state interests — with imprisonment of over three years and less than seven years.
Article 407. Work personnel of departments in charge of forest industry, who, in violation of provisions under the Forest Law, issue logging licenses in excess of approved annual quotas or indiscriminately issue logging licenses, shall — in cases of a serious nature that cause severe damages to forests — be punished with imprisonment or criminal detention of less than three years.
Article 408. Work personnel of state organs in charge of environmental protection and supervision, whose serious irresponsibility has resulted in serious consequences, including severe environmental pollution that causes serious damages to public and private property or human casualties, shall be punished with imprisonment or criminal detention of less than three years.
Article 409. Government work personnel of public health administrative departments engaging in the prevention and treatment of infectious diseases, whose serious irresponsibility has resulted in the communication and spread of infectious diseases, shall — in cases of a serious nature –be punished with imprisonment or criminal detention of less than three years.
Article 410. State organ work personnel, who practice favoritism and malpractice, violate land management rules, and abuse powers in illegally approving land acquisition and occupation, or illegally leasing out land use rights at a price lower than market value, shall — in cases of a serious nature — be punished with imprisonment or criminal detention of less than three years; or — for cases causing extraordinary heavy losses to state or collective interests — with imprisonment of over three years and less than seven years.
Article 411. Customs work personnel who practice favoritism and malpractice in conniving smuggling, shall, — for cases of a serious nature– be punished with imprisonment or criminal detention of less than five years; or — for cases of an extraordinary serious nature — be punished with imprisonment of over five years.
Article 412. Work personnel with state commercial inspection departments or organizations, who practice favoritism and malpractice and forge inspection results, shall be punished with imprisonment or criminal detention of less than five years; or — for cases of a serious nature — with imprisonment of over five years and less than 10 years.
Work personnel mentioned in the preceding paragraph, who, because of serious irresponsibility, fail to inspect goods requiring inspection, or delay inspection and issuance of certificates, or wrongly issue certificates resulting in serious losses to state interests, shall be punished with imprisonment or criminal detention of less than three years.
Article 413. Quarantine personnel with animal and plant quarantine organs, who practice favoritism and malpractice in forging quarantine results, shall be punished with imprisonment or criminal detention of less than five years; or — in cases with serious consequences — with imprisonment of over five years and less than 10 years.
Work personnel mentioned in the preceding paragraph, who, because of serious irresponsibility, fail to carry out quarantine on goods requiring quarantine, or delay quarantine and issuance of certificates, or wrongly issue certificates resulting in serious losses to state interests, shall be punished with imprisonment or criminal detention of less than three years.
Article 414. State organ work personnel charged with the responsibility of establishing liabilities of criminal acts relating to the sale of fake
and shoddy merchandise, who practice favoritism and malpractice and fail to
perform their duties under the law, shall — in cases of a serious nature
— be punished with imprisonment or criminal detention of less than five
years.
Article 415. State organ work personnel charged with the responsibility
of handling passports, visas, and other exit/entry documents, who knowingly
grant exit/entry documents to personnel attempting to cross state (border)
lines illegally; or state organ work personnel of frontier defense or
customs, who knowingly let go personnel who try to cross state (border)
lines illegally, shall be punished with imprisonment or criminal detention
of less than three years; or — in cases of a serious nature — with
imprisonment of over three years and less than seven years.
Article 416. State organ personnel charged with the responsibility of
rescuing abducted or kidnapped women and children, who fail to act at the
request of the abducted or kidnapped women or children or members of their
family or at information received from members of the public, resulting in
serious consequences, shall be punished with imprisonment or criminal
detention of less than five years.
State organ work personnel with rescue responsibility, who take advantage
of their duties to obstruct rescue operations, shall be punished with
imprisonment of over two years and less than seven years; or — for less
serious cases — with imprisonment or criminal detention of less than two
years.
Article 417. State organ personnel charged with the responsibility of
investigating and banning criminal activities, who send secret information
or tip off criminal elements, or provide facility to help them evade
punishment, shall be punished with imprisonment or criminal detention of
less than three years; or — in cases of a serious nature — with
imprisonment of over three years and less than 10 years.
Article 418. State organ work personnel who practice favoritism and
malpractice in recruiting government functionaries or students, shall — in
cases of a serious nature — be punished with imprisonment or criminal
detention of less than three years.
Article 419. State personnel who cause damage to or loss of precious
cultural relics through serious irresponsibility shall be sentenced to not
more than three years in prison or criminal detention if the circumstances
are serious.
Chapter X Crimes of Violation of Duty by Military Personnel
Article 420. Acts by military personnel of endangering national and
military interests in violation of their duties which are punishable by law
are considered crimes in violation of duty by military personnel.
Article 421. Those who endanger military operations in defiance of orders
in wartime shall be sentenced to not less than three years and not more
than 10 years in prison. If they cause major losses in combat or battle,
they shall be sentenced to not less than 10 years in prison, life
imprisonment, or death.
Article 422. Those who endanger military operations by deliberately
concealing military information, providing false military information,
refusing to relay military orders, or relaying false military orders shall
be sentenced to not less than three years and not more than 10 years in
prison. If they cause major losses in combat or battle, they shall be
sentenced to not less than 10 years in prison, life imprisonment, or death.
Article 423. Those who care for nothing but their own lives on the
battleground and lay down their arms and surrender to the enemy of their
own accord shall be sentenced to not less than three years and not more
than 10 years in prison. If the circumstances are serious, they shall be
sentenced to not less than 10 years in prison or life imprisonment.
Those who work for the enemy after their surrender shall be sentenced to
not less than 10 years in prison, life imprisonment, or death.
Article 424. Those who flee from battle shall be sentenced to not more
than three years in prison. If the circumstances are serious, they shall be
sentenced to not less than three years in prison and not more than 10 years
in prison. If they cause major losses in combat or battle, they shall be
sentenced to not less than 10 years in prison, life imprisonment, or death.
Article 425. Commanders and personnel on duty who cause serious
consequences by leaving their posts without permission or by neglecting
their duties shall be sentenced to not more than three years in prison or
criminal detention. In the event of especially serious consequences, they
shall be sentenced to not less than three years and not more than seven
years in prison.
Those who commit the crimes mentioned in the preceding paragraph in wartime
shall be sentenced to not less than five years in prison.
Article 426. Those who obstruct commanders or personnel on duty from
performing their duties through violence or intimidation shall be sentenced
to not more than five years in prison or criminal detention. If the
circumstances are serious, they shall be sentenced to not less than five
years in prison. In the event of serious injuries or deaths, or other
especially serious circumstances, they shall be sentenced to life
imprisonment or death. If they commit these acts in wartime, they shall be
given stiff punishment.
Article 427. Those who cause serious consequences by abusing their powers
and directing their subordinates to engage in activities in violation of
their duties shall be sentenced to not more than five years in prison or
criminal detention. If the circumstances are especially serious, they shall
be sentenced to not less than five years and not more than 10 years in
prison.
Article 428. Commanders who cause serious consequences by turning away
from battle or acting passively in combat in defiance of orders shall be
sentenced to not more than five years in prison. In the event of major
losses in combat or battle, or other especially serious circumstances, they
shall be sentenced to not less than five years in prison.
Article 429. The commanders of those who cause friendly forces to suffer
major losses by not coming to their rescue on the battleground, although
they know that they are in imminent danger, are asking for rescue, and can
be rescued, shall be sentenced to not more than five years in prison.
Article 430. Those who endanger national and military interests by
leaving their posts without permission, fleeing the country, or defecting
while outside the country during the course of performing official duties
shall be sentenced to not more than five years in prison or criminal
detention.
If the circumstances are serious, they shall be sentenced to not less than
five years in prison.
In the event of desertion by aircraft or on board vessels, or other
especially serious circumstances, those involved shall be sentenced to not
less than 10 years in prison, life imprisonment, or death.
Article 431. Those who illegally obtain military secrets by stealing,
spying, or buying such secrets shall be sentenced to not more than five
years in prison. If the circumstances are serious, they shall be sentenced
to not less than five years and not more than 10 years in prison.
If the circumstances are especially serious, they shall be sentenced to not
less than 10 years in prison.
Those who steal, spy, or buy military secrets for overseas institutions,
organizations, or personnel, and illegally provide such secrets to them
shall be sentenced to not less than 10 years in prison, life imprisonment,
or death.
Article 432. Those who leak military secrets by design or by accident in
violation of laws and regulations on protecting state secrets shall be
sentenced to not more than five years in prison or criminal detention if
the circumstances are serious. If the circumstances are especially serious,
they shall be sentenced to not less than five years and not more than 10
years in prison.
Those who commit the crime mentioned in the preceding paragraph in wartime
shall be sentenced to not less than five years and not more than 10 years
in prison. If the circumstances are especially serious, they shall be
sentenced to not less than 10 years in prison or life imprisonment.
Article 433. Those who fabricate rumors to mislead people and shake the
morale of troops in wartime shall be sentenced to not more than three years
in prison. If the circumstances are serious, they shall be sentenced to not
less than three years and not more than 10 years in prison.
Those who fabricate rumors to mislead people and shake the morale of troops
in collusion with the enemy shall be sentenced to not less than 10 years in
prison or life imprisonment. If the circumstances are especially serious,
they may be sentenced to death.
Article 434. Those who inflict injuries on themselves to eschew military
duties in wartime shall be sentenced to not more than three years in
prison. If the circumstances are serious, they shall be sentenced to not
less than three years and not more than seven years in prison.
Article 435. Those who desert their troops in violation of military
service laws and regulations shall be sentenced to not more than three
years in prison or criminal detention if the circumstances are serious.
Those who commit the crime mentioned in the preceding paragraph in wartime
shall be sentenced to not less than three years and not more than seven
years in prison.
Article 436. Those who violate regulations on the use of weaponry in
circumstances that are so serious as to constitute accidents through
negligence that result in serious injuries or deaths or that cause other
serious consequences shall be sentenced to not more than three years in
prison or criminal detention. If the consequences are especially serious,
they shall be sentenced to not less than three years and not more than
seven years in prison.
Article 437. Those who cause serious consequences by changing the
prescribed ways of using weaponry in violation of weaponry management
regulations shall be sentenced to not more than three years in prison or
criminal detention. If the circumstances are especially serious, they shall
be sentenced to not less than three years and not more than seven years in
prison.
Article 438. Those who steal or snatch weaponry or war materiel shall be
sentenced to not more than five years in prison or criminal detention. If
the circumstances are serious, they shall be sentenced to not less than
five years and not more than 10 years in prison. If the circumstances are
especially serious, they shall be sentenced to not less than 10 years in
prison, life imprisonment, or death.
Those who steal or snatch firearms, ammunition, or explosives shall be
punished in accordance with the provisions in Article 127 of this law.
Article 439. Those who illegally sell or transfer military weaponry shall
be sentenced to not less than three years and not more than 10 years in
prison. In the event of selling or transferring large quantities of
weaponry, or other especially serious circumstances, they shall be
sentenced to not less than 10 years in prison, life imprisonment, or death.
Article 440. Those who abandon weaponry in defiance of orders shall be
sentenced to not more than five years in prison or criminal detention. In
the event of abandoning important weaponry or large quantities of weaponry,
or other serious circumstances, they shall be sentenced to not less than
five years in prison.
Article 441. In the event of failure to promptly report loss of weaponry,
or other serious circumstances, those involved shall be sentenced to not
more than three years in prison or criminal detention.
Article 442. In the event of selling or transferring military real estate
without permission in violation of relevant provisions, and if the
circumstances are serious, the people directly responsible shall be
sentenced to not more than three years in prison or criminal detention. If
the circumstances are especially serious, they shall be sentenced to not
less than three years and not more than 10 years in prison.
Article 443. Those who abuse their powers and maltreat their subordinates
in vicious circumstances that result in serious injuries or give rise to
other serious consequences shall be sentenced to not more than five years
in prison or criminal detention. If deaths result, they shall be sentenced
to not less than five years in prison.
Article 444. Persons directly responsible for the intentional abandonment
of injured or sick servicemen on battlefields, if the case is serious, are
to be sentenced to five years or fewer in prison.
Article 445. Those working in medical aid or medical treatment positions
during wartime who refuse to save or treat seriously injured or critically
sick servicemen when conditions permit them to do so are to be sentenced to
five years or fewer in prison or put under criminal detention. If the case
results in serious disability, death, or other grave consequences of the
injured or sick servicemen, those responsible are to be sentenced to five
to 10 years in prison.
Article 446. Those cruelly injuring innocent residents or looting
innocent residents’ money or other property on military action areas are to
be sentenced to five years or fewer in prison. If the case if serious, they
are to be sentenced to five to 10 years in prison. If the case is
extraordinarily serious, they are to be sentenced to 10 years or more in
prison, given a life sentence, or sentenced to death.
Article 447. Those releasing prisoners of war without authorization are
to be sentenced to five years or fewer in prison. Those releasing important
prisoners of war or many prisoners of war, or those involved in other
serious cases, are to be sentenced to five years or more in prison.
Article 448. Those mistreating prisoners of war, if the case is serious,
are to be sentenced to three years or fewer in prison.
Article 449. During wartime, convicted servicemen who are sentenced to
three years or fewer in prison, who pose no practical dangers, and whose
sentence is suspended, are allowed to redeem themselves by good service. If
they prove to have done meritorious service, their original sentence may be
rescinded and they may not be considered to have committed a crime.
Article 450. This chapter applies to active duty military officers,
civilian cadres, soldiers, and cadets with military status of the Chinese People’s Liberation Army [PLA]; active duty military officers, civilian cadres, soldiers, and cadets with military status in the Chinese People’s Armed Police; and personnel of the reserve force and other personnel carrying out military tasks.
Article 451. Wartime as mentioned in this chapter refers to the time after the state has declared the state of war, troops have been assigned with combat missions, or when the country is suddenly attacked by enemy.
The time during which troops carry out marshal law missions or handle emergency violence is considered wartime. Supplementary Articles
Article 452. This law will go into effect as of October 1, 1997. Regulations, supplementary provisions, and decisions made by the National People’s Congress Standing Committee that are listed in appendix one of this law have either been included in this law or are no longer applicable; therefore they are to be nullified as of the date when this law goes into effect.
Supplementary provisions and decisions made by the National People’s Congress Standing Committee that are listed in appendix two of this law are to be retained. Among them, provisions governing administrative punishment and measures continue to be effective; provisions governing criminal liability have been included in this law and therefore provisions in this law will apply as of the date when this law goes into effect.
Appendix I
The following regulations, supplementary provisions, and decisions, made by
National People’s Congress Standing Committee, have either been included in
this law or are no longer applicable; therefore they are to be nullified as
of the date when this law goes into effect
1. PRC Provisional Regulations on Punishing Military Personnel for
Violation of Duty;
2. Decision on Severely Punishing Criminals Seriously Undermining the
Economy;
3. Decision on Severely Punishing Criminal Elements Seriously
Compromising Social Order;
4. Supplementary Provisions on Cracking Down on the Crime of
Smuggling;
5. Supplementary Provisions on Cracking Down on the Crime of
Corruption or Bribery;
6. Supplementary Provisions on Cracking Down on the Crime of Letting
Out State Secrets;
7. Supplementary Provisions on Cracking Down on the Crime of Killing
Rare and Endangered Wildlife That Are Selectively Under the State’s
Protection;
8. Decision on Cracking Down on the Crime of Insulting the PRC
National Flag or Emblem;
9. Supplementary Provisions on Cracking Down on the Crime of Robbing
Ancient Cultural Ruins or Ancient Tombs;
10. Decision on Punishing Criminal Elements Hijacking Aviation Vehicles;
11. Supplementary Provisions on Cracking Down on the Crime of Counterfeiting Registered Trade Marks;
12. Decision on Cracking Down on the Crime of Producing or Selling Counterfeit or Inferior Commodities;
13. Decision on Cracking Down on the Crime of Infringing on Copyright;
14. Decision on Cracking Down on the Crime of Violating the Company Law;
15. Decision on Handling Escaped Criminals Under Reform Through Labor
or People Under Education Through Labor, or Those Who Commit Crimes Again.
Appendix II
The following supplementary provisions and decisions, made by the National People’s Congress Standing Committee, are to be retained. Among them, provisions governing administrative punishment and measures continue to be effective; provisions governing criminal liability have been included in this law and therefore provisions in this law will apply as of the date when this law goes into effect.
1. Decision on Prohibiting Drugs;
2. Decision on Punishing Criminal Elements Committing Smuggling, Producing, Selling, or Disseminating Obscene Materials;
3. Decision on Punishing Criminal Elements Committing Abduction and Selling or Kidnapping of Women or Children;
4. Decision on Strictly Prohibiting Prostitution and Whorehouse Visiting;
5. Supplementary Provisions on Cracking Down on the Crime of Evading Taxes or Refusing to Pay Taxes;
6. Supplementary Provisions on Severely Cracking Down on the Crime of Organizing People to Illegally Cross National Borders (Frontiers) or of Illegally Shipping People Across National Borders (Frontiers);
7. Decision on Cracking Down on the Crime of Undermining the Financial Order;
8. Decision on Cracking Down on the Crime of the Fraudulent Issuance of, Forging, or Illegally Selling Invoices Exclusively for Value-Added Taxes.
