Criminal Law of the People's Republic of China

Laws of the People’s Republic of China

Criminal Law 1997,
Category: CRIMINAL LAW,
Organ of Promulgation: The National People’s Congress,
Date of Promulgation: 1997-03-14,
Effective Date: 1997-10-01

Criminal Law of the People’s Republic of China

Contents

Part One General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of
the Criminal Law
Chapter II Crimes
Chapter III Punishments
Chapter IV The Concrete Application of Punishments
Chapter V Other Provisions

Part Two Specific Provisions

Chapter I Crimes of Endangering the State Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining the Socialist Market Economic Order
Chapter IV Crimes of Infringing upon the Rights of the Person and
the Democratic Rights of Citizens
Chapter V Crimes of Property Violation
Chapter VI Crimes of Obstructing the Administration of Public Order
Chapter VII Crimes of Endangering Interests of National Defence
Chapter VIII Crimes of Embezzlement and Bribery
Chapter IX Crimes of Dereliction of Duty
Chapter X Crimes Contrary to Duties Committed by Servicemen
Supplementary Provisions
Appendix I
Appendix II

(Adopted at the Second Session of the Fifth National
People’s Congress on July 1, 1979, revised at the Fifth
Session of the Eighth National People’s Congress on
March 14, 1997)

Chapter I The Tasks, Basic Principles and Scope of
Application of the Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and
Discontinuation of a Crime

Section 3 Joint Crimes

Section 4 Crimes committed by a unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Rendering Meritorious
Service

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions

Part Two Specific Provisions

Chapter I Crimes of Endangering the State Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Undermining the Socialist Market
Economic Order

Section 1 Crimes of Production and Sale of Fake or
Substandard

Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Impairing Order of Administering upon
Companies and Enterprises

Section 4 Crimes of Undermining Order of Administering upon
Banking

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Endangering Taxes Collection and
Administration

Section 7 Crimes of Infringing upon Intellectual Property Rights

Section 8 Crimes of Disturbing Market Order

Chapter IV Crimes of Infringing upon the Rights of the
Person and the Democratic Rights of Citizens

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of
Public Order

Section 1 Crimes of Disturbing Public Order

Section 2 Crimes of Impairing Judicial Activities

Section 3 Crimes of Impairing Regulations of National
Boundary

(Borderline)

Section 4 Crimes of Impairing Regulations of Cultural
Relics

Section 5 Crimes of Endangering Public Health

Section 6 Crimes of Undermining Protection of Environmental
Resource

Section 7 Crimes of Smuggling, Trafficking in, Transporting
and

Manufacturing Narcotic Drugs

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering
and Introducing Women into Prostitution

Section 9 Crimes of Manufacturing, Trafficking in and
Disseminating

Pornographic Articles

Chapter VII Crimes of Endangering Interests of National
Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes Contrary to Duties Committed by Servicemen

Supplementary Provisions

Part One General Provisions

Chapter I The Tasks, Basic Principles and
Scope of Application of the Criminal Law

Article 1 This Law is formulated with a view to punishing
crimes and protecting the people, and in accordance with the
Constitution, and in the light of the concrete experiences
in fighting against crimes and the actual circumstances.

Article 2 The tasks of the Criminal Law of the People’s
Republic of China are to use criminal punishments to fight
against all criminal acts in order to defend the security of
the State; to defend the political power of the people’s
dictatorship and socialist system; to protect property owned
by the State and the property collectively owned by the
working people; to protect the citizens’ privately owned
property; to protect the citizens’ rights of the person and
their democratic and other rights; to maintain public order
and economical order, and to safeguard the smooth progress
of the cause of the socialist revolution and socialist
construction.

Article 3 Where an act is expressly defined in laws as a
criminal act, it shall be determined and punished as a
criminal act in accordance with the law; where an act is not
expressly defined in the laws as a criminal act, it shall
not be determined and punished as a criminal act.

Article 4 Anyone who commit a crime shall be equal in
applying the law. No one is privileged to be beyond the law.

Article 5 The lightness or heaviness of the punishments
shall be in accordance with the criminal acts and the
criminal responsibility of the criminals.

Article 6 This Law is applicable to anyone who commits a
crime within the territory of the People’s Republic of
China, unless the case is covered by special legal
provisions.

This Law is also applicable to anyone who commits a crime
on board a ship or an aircraft of the People’s Republic of
China.

If the criminal act or its consequence takes place within
the territory of the People’s Republic of China, the crime
shall be deemed to have been committed within the territory
of the People’s Republic of China.

Article 7 This Law is applicable to the citizens of the
People’s Republic of China who commit crimes prescribed in
this Law outside the territory of the People’s Republic of
China; however, they may not be investigated if for those
crimes this Law prescribes a maximum punishment of
fixed-term imprisonment of not more than three years.

This Law is applicable to state functionaries and
servicemen of the People’s Republic of China who commit
crimes outside the territory of the People’s Republic of
China.

Article 8 This Law may be applicable to any foreigner who
commits a crime outside the territory of the People’s
Republic of China, against the state of the People’s
Republic of China or against its citizens, if for that crime
this Law prescribes a minimum punishment of fixed-term
imprisonment of not less than three years; however, this
does not apply to a crime that is not punishable according
to the law of the place where it was committed.

Article 9 This Law is applicable to the crimes prescribed
in the international treaties concluded or acceded to by the
People’s Republic of China and over which the People’s
Republic of China has criminal jurisdiction within its
obligation in accordance with the treaties.

Article 10 If any person commits a crime outside the
territory of the People’s Republic of China for which
according to this Law he would bear criminal responsibility,
he may still be dealt with according to this Law, even if he
has already been tried in a foreign country. However, if he
has already received criminal punishment in the foreign
country, he may be exempted from punishment or given a
mitigated punishment.

Article 11 The criminal responsibility of foreigners who
enjoy diplomatic privileges and immunities shall be resolved
through diplomatic channels.

Article 12 If an act committed after the founding of the
People’s Republic of China and before the entry into force
of this Law was not deemed a crime under the laws in force
at the time, those laws shall apply. If the act was deemed a
crime under the laws in force at that time and is subject to
prosecution under the provisions of Section 8, Chapter IV of
the General Provisions of this Law, criminal responsibility
shall be investigated according to those laws. However, if
this Law does not deem it a crime or imposes a lighter
punishment, this Law shall apply.

The effective judgments made in accordance with the laws in
force at that time before the entry into force of this Law,
shall keep their effectiveness.

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Article 13 A crime refers to an act that endangers the
sovereignty and territorial integrity and security of the
state; dismembers the state and subverts the political power
of the people’s dictatorship and overthrows the socialist
system; disrupts social order and economic order; violates
property owned by the state or collectively owned by the
working people; violates the citizens’ privately owned
property or infringes upon the citizens’ rights of the
person and their democratic and other rights; and any other
act that endangers society and is punishable according to
law. However, an act that is clearly of minor importance and
little harm shall not be considered a crime.

Article 14 An intentional crime refers to a crime committed
by a person who clearly knows that his act will produce
socially dangerous consequences but who wishes or allows
such consequences to occur.

Criminal responsibility shall be borne for intentional
crimes.

Article 15 A negligent crime refers to a crime committed by
a person who should have foreseen that his act would
possibly produce socially dangerous consequences but who
fails to do so through negligence or, having foreseen the
consequences, readily believes that they can be avoided, the
result being that these consequences do occur.

Criminal responsibility shall be borne for negligent crimes
only when the law so provides.

Article 16 If an act in fact results in harmful
consequences due to unavoidable or unforeseeable causes
rather than intent or negligence, it shall not be a crime.

Article 17 Any person who has reached the age of 16 and who
commits a crime shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of
16 and who commits homicide, intentionally injuring another
person resulting in serious bodily injury or death, rape,
robbery, selling narcotic drugs, arson, causing explosion,
or spreading poisons, shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of
18 and who commits a crime shall be given a lighter or
mitigated punishment.

If a person is not punished because he has not reached the
age of 16, the head of his family or his guardian shall be
ordered to discipline and educate him. When necessary, he
may also be taken in by the government for reeducation.

Article 18 If a mental patient causes dangerous
consequences at a time when he is unable to recognize or
control his own conduct, and such a circumstance is
confirmed by a forensic doctor, he shall not bear criminal
responsibility, but his family members or guardian shall be
ordered to keep him under strict surveillance and arrange
for his medical treatment. When necessary, he may also be
arranged for medical treatment under coercion by the
government.

Any person whose mental illness is of an intermittent
nature shall bear criminal responsibility if he commits a
crime when he is in a normal mental state.

Any mental patient who does not lose completely the ability
to recognize or control his own conduct and commits a crime
shall bear criminal responsibility, but he may be given a
lighter or mitigated punishment.

Any intoxicated person who commits a crime shall bear
criminal responsibility.

Article 19 Any deaf-mute or blind person who commits a
crime may be given a lighter or mitigated punishment or be
exempted from punishment.

Article 20 Where a person conducts an act to stop an
unlawful infringement in order to avert an immediate and
unlawful infringement of the state’s interest or of the
public interest or of his own or another person’s rights of
the person, or property rights, or other rights, resulting
in harm to the unlawful infringer, such an act shall be
justifiable defence, and criminal responsibility shall not
be borne for such an act.

Criminal responsibility shall be borne if justifiable
defence apparently exceeds the limits of necessity and
causes serious harm; however, a mitigated punishment or
exemption from punishment shall be given.

Where a defence is conducted to an immediate violent crime
of committing physical assault, committing homicide,
robbery, rape, kidnapping, and other crimes seriously
endangering the security of a person, and it causes bodily
injury or death to the unlawful infringer, such an act shall
not be defence that exceeds the limits of necessity, and
criminal responsibility shall not be borne for such an act.

Article 21 Criminal responsibility shall not be borne for
an act that a person is compelled to commit in an emergency
to avert an immediate danger to the state’s interest or the
public interest or to his own or another person’s rights of
the person or property rights or other rights, and that
causes harm.

Criminal responsibility shall be borne if an act committed
in an emergency to avert danger exceeds the limits of
necessity and causes undue harm; however, a mitigated
punishment or exemption from punishment shall be given.

The provisions of the first paragraph of this Article with
respect to averting danger to oneself shall not apply to a
person who is charged with specific responsibility in his
post or profession.

Section 2 Preparation for a Crime, Criminal Attempt and
Discontinuation of a Crime

Article 22 Preparation for a crime refers to the
preparation of the instruments or the creation of the
conditions for a crime.

An offender who prepares for a crime may, in comparison
with one who completed the crime, be given a lighter or
mitigated punishment or be exempted from punishment.

Article 23 A criminal attempt refers to a case where an
offender has already begun to commit a crime but is
prevented from completing it for reasons independent of his
will.

An offender who attempts to commit a crime may, in
comparison with one who completed the crime, be given a
lighter or mitigated punishment.

Article 24 Discontinuation of a crime refers to cases
where, in the process of committing a crime, the offender
voluntarily quits continuing the crime or voluntarily and
effectively prevents the consequences of the crime from
occurring.

Where an offender who discontinues a crime and causes no
harm, exempted from punishment shall be given; where an
offender causes harm, a mitigated punishment shall be given.

Section 3 Joint Crimes

Article 25 A joint crime refers to an intentional crime
committed by two or more persons jointly.

A negligent crime committed by two or more persons jointly
shall not be punished as a joint crime; those who should
bear criminal responsibility shall be individually punished
according to the crimes they have committed.

Article 26 A principal criminal refers to any person who
organizes and leads a criminal group in carrying out
criminal activities or plays a principal role in a joint
crime.

A criminal group refers to any relatively stable criminal
organization which is composed of more than three persons
for the purpose of committing a crime jointly.

A ringleader who organizes and leads a criminal group shall
be given a punishment according to all the crimes the group
has committed.

A principal criminal unless otherwise stipulated in the
third paragraph shall be given a punishment according to all
the crimes that he participates in or organizes or commands.

Article 27 An accomplice refers to any person who plays a
secondary or auxiliary role in a joint crime.

An accomplice shall be given a lighter or mitigated
punishment or be exempted from punishment.

Article 28 A person who is compelled to participate in a
crime shall, according to the circumstances of his crime, be
given a mitigated punishment or be exempted from punishment.

Article 29 A person who instigates others to commit a crime
shall be punished according to the role he has played in the
joint crime. Anyone who instigates a person under the age of
18 to commit a crime shall be given a heavier punishment.

If the instigated person has not committed the instigated
crime, the instigator may be given a lighter or mitigated
punishment.

Section 4 Crimes Committed by a Unit

Article 30 A company, enterprise, institution, organ, or
public organization that conducts an act harmful to society,
where such an act is stipulated as a crime, shall bear
criminal responsibility.

Article 31 A unit which commits a crime shall be punished
with a fine, and the person(s) directly in charge and other
person(s) directly involved in the crime shall be given a
punishment. Where Specific Provisions of this Law or other
laws stipulate otherwise, such stipulation shall be
applied.

Chapter III Punishments

Section 1 Types of Punishments

Article 32 Punishments are divided into principal
punishments and supplementary punishments.

Article 33 The principal punishments are as follows:

(1) public surveillance;

(2) criminal detention;

(3) fixed-term imprisonment;

(4) life imprisonment; and

(5) the death penalty.

Article 34 The supplementary punishments are as follows:

(1) fines;

(2) deprivation of political rights; and

(3) confiscation of property.

Supplementary punishments may be imposed independently.

Article 35 Deportation may be imposed independently or
supplementary to a foreigner who commits a crime.

Article 36 If a victim has suffered economic losses as a
result of a crime, the criminal shall, in addition to
receiving a criminal sanction according to law, be sentenced
to make compensation for the economic losses in the light of
the circumstances.

If a criminal who bears civil responsibility and is
punished with a fine in the meantime, has no enough property
to pay off, or is punished with confiscation of property, he
shall first bear responsibility of civil compensation to the
victim.

Article 37 If the circumstances of a person’s crime are
minor and do not require punishment, he may be exempted from
criminal sanctions; however, he may, according to the
different circumstances of each case, be reprimanded or
ordered to make a statement of repentance, offer an apology,
pay compensation for the losses or be subject to
administrative punishment or administrative sanctions by the
competent department.

Section 2 Public Surveillance(*1)

Article 38 The term of public surveillance shall not be
less than three months and not more than two years.

Where a criminal is sentenced to public surveillance, his
sentence shall be executed by a public security organ.

Article 39 A criminal who is sentenced to public
surveillance must observe the following rules during the
term in which his sentence is being executed:

(1) observe laws and administrative regulations, submit to
supervision;

(2) forbidden to exercise the rights of freedom of speech,
of the press, of assembly, of association, of procession and
of demonstration without approval of the public organ;

(3) report on his own activities according to the demand of
the organ executing the public surveillance;

(4) observe the stipulation on meeting with guests by the
organ executing the public surveillance; and

(5) report and obtain approval from the organ executing
public surveillance for departure from the county or city
where he lives or change in residence.

Criminals sentenced to public surveillance shall, while
engaged in labour, receive equal pay for equal work.

Article 40 Upon the expiration of a term of public
surveillance, the executing organ shall immediately announce
the termination of public surveillance to the criminal
sentenced to public surveillance and to his unit or the
masses of the place of his residence.

Article 41 A term of public surveillance shall be counted
from the date the judgment begins to be executed; if the
criminal is held in custody before the execution of the
judgment, each day spent in custody shall be considered as
two days of the term sentenced.

Section 3 Criminal Detention

Article 42 A term of criminal detention shall not be less
than 1 months and not more than 6 months.

Article 43 Where a criminal is sentenced to criminal
detention, his sentence shall be executed by the public
security organ in the vicinity.

During the period of execution, a criminal sentenced to
criminal detention may go home for one to two days each
month; an appropriate remuneration may be given to those who
participate in labour.

Article 44 A term of criminal detention shall be counted
from the date the judgment begins to be executed; if the
criminal is held in custody before the execution of the
judgment, each day in custody shall be considered as one day
of the term sentenced.

Section 4 Fixed-Term Imprisonment and Life Imprisonment

Article 45 A term of fixed-term imprisonment, unless
otherwise stipulated in Article 50 and Article 69, shall not
be less than 6 months and not more than 15 years.

Article 46 A criminal sentenced to fixed-term imprisonment
or life imprisonment shall serve his sentence in prison or
another place for execution. Anyone who is able to work
shall participate in labour, and accepts education and
reform.

Article 47 A term of fixed-term imprisonment shall be
counted from the date the judgment begins to be executed; if
the criminal is held in custody before the execution of the
judgment, each day in custody shall be considered as one day
of the term sentenced.

Section 5 The Death Penalty

Article 48 The death penalty shall only be applied to
criminals who have committed the most heinous crimes. If the
immediate execution of a criminal punishable by death is not
deemed necessary, a two-year suspension of execution may be
pronounced simultaneously with the imposition of the death
sentence.

All death sentences except for those that according to law
should be decided by the Supreme People’s Court, shall be
submitted to the Supreme People’s Court for approval. Death
sentences with a suspension of execution may be decided or
approved by a higher people’s court.

Article 49 The death penalty shall not be imposed on
persons who had not reached the age of 18 at the time the
crime was committed or to women who are pregnant at the time
of trial.

Article 50 If a person sentenced to death with a suspension
of execution does not commit an intentional crime during the
period of suspension, his punishment shall be commuted to
life imprisonment upon the expiration of that two-year
period; if he performs great meritorious service, his
punishment shall be commuted to fixed-term imprisonment of
not less than 15 years and not more than 20 years upon the
expiration of that two-year period; if it is verified that
be has committed an intentional crime, the death penalty
shall be executed upon the approval of the Supreme People’s
Court.

Article 51 The term of suspension of execution of a death
penalty shall be counted from the date the judgment becomes
final. The term of a fixed-term imprisonment that is
commuted from a death penalty with suspension of execution
shall be counted from the date of expiration of the term of
suspension of execution of a death.

Section 6 Fines

Article 52 The amount of any fine imposed shall be
determined according to the circumstances of the crime.

Article 53 A fine may be paid in a lump sum or in
installments within the time limit specified in the
judgment. If a fine is not paid upon the expiration of that
time limit, the payment shall be compelled. If a person is
unable to pay all the fine, a people’s court shall, when it
finds that the person subjected to execution has any other
property, pursue the payment at any time. If a person has
true difficulties in paying because of an unavoidable
disaster, the fine may be reduced or remitted according to
the circumstances.

Section 7 Deprivation of Political Rights

Article 54 Deprivation of political rights refers to
deprivation of the following rights:

(1) the right to vote and to stand for election;

(2) the rights of freedom of speech, of the press, of
assembly, of association, of procession, and of
demonstration;

(3) the right to hold a position in a state organ; and

(4) the right to hold a leading position in any state-owned
company or enterprise, institution or people’s
organization.

Article 55 A term of deprivation of political rights shall
not be less than one year and not more than five years,
except as stipulated in Article 57 of this Law.

If a person sentenced to public surveillance is deprived of
political rights as a supplementary punishment, the term of
deprivation of political rights shall be the same as the
term of public surveillance, and the punishments shall be
executed simultaneously.

Article 56 Criminals who commit crimes of endangering the
state security shall be sentenced to deprivation of
political rights as a supplementary punishment; Criminals
who commit crimes of intentional homicide, rape, arson,
causing explosion, spreading poisons, robbery and other
crimes which seriously undermine public order may also be
sentenced to deprivation of political rights as a
supplementary punishment.

If deprivation of political rights is imposed
independently, stipulation of the Specific Provisions of
this Law shall be applied.

Article 57 Criminals who are sentenced to death or to life
imprisonment shall be deprived of political rights for life.

If a death penalty with a suspension of execution is
commuted to a fixed-term imprisonment, or a life
imprisonment is commuted to a fixed-term imprisonment, the
term of the supplementary punishment of deprivation of
political rights shall be changed to not less than three
years and not more than ten years.

Article 58 A term of deprivation of political rights as a
supplementary punishment shall be counted from the date on
which imprisonment or criminal detention ends or from the
date on which parole begins. Deprivation of political rights
shall of course be in effect during the period in which the
principal punishment is being executed.

Criminals who are sentenced to deprivation of political
rights shall observe laws and administrative regulations and
relevant stipulations on supervision and administration
promulgated by the Department of Public Security under the
State Council, submit to supervision; and shall not exercise
the rights of freedom stipulated in Article 54 of this Law.

Section 8 Confiscation of Property

Article 59 Confiscation of property refers to the
confiscation of part or all of the property personally owned
by a criminal. When all of the property of a criminal is
confiscated, necessaries of life for the criminal and his
dependent family members shall be left out.

When a sentence of confiscation of property is imposed,
property that the criminal’s family members own or should
own shall not be subject to confiscation.

Article 60 If it is necessary to use a confiscated property
to repay legitimate debts that the criminal incurred before
his property is confiscated, such debts shall be paid at the
request of the creditors.

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Article 61 When sentencing a criminal, a punishment shall
be imposed based on the facts, nature and circumstances of
the crime, the degree of harm done to society and the
relevant provisions of this Law.

Article 62 In cases where the circumstances of a crime call
for a heavier or a lighter punishment under the provisions
of this Law, the criminal shall be sentenced to a punishment
within the limits of the prescribed punishment.

Article 63 In cases where the circumstances of a crime call
for a mitigated punishment under the provisions of this Law,
the criminal shall be sentenced to a punishment less than
the prescribed punishment.

Even if the circumstances of a crime do not warrant a
mitigated punishment under the provisions of this Law, the
criminal may, upon approval of the Supreme People’s Court,
be sentenced to a punishment less than the prescribed
punishment according to the special particulars of the case.

Article 64 All property illegally obtained by a criminal
shall be recovered, or compensation shall be ordered. Legal
property of the victim shall be returned. Contrabands and
possessions of the criminal that were used in the crime
shall be confiscated. The property confiscated and fine
shall be turned over to the State Treasury, and shall not be
misappropriated or disposed without authorization.

Section 2 Recidivists

Article 65 If a criminal commits another crime punishable
by fixed-term imprisonment or heavier penalty within five
years after serving his sentence of not less than fixed-term
imprisonment or receiving a pardon, he is a recidivist and
shall be given a heavier punishment. However, this shall not
apply to cases of negligent crime.

For criminals who are paroled, the period stipulated in the
preceding paragraph shall be counted from the date the
parole expires.

Article 66 A criminal who has committed a crime of
endangering the state’s security at any time after serving
his sentence or receiving a pardon shall, if he commits
another crime of endangering the state’s security, be dealt
with as a recidivist.

Section 3 Voluntary Surrender and Rendering Meritorious
Service

Article 67 Voluntary Surrender refers to the case that
anyone who voluntarily surrenders himself to a judicial
organ after committing a crime, and truthfully confesses his
crime. A criminal who conducts voluntary surrender may be
given a lighter or mitigated punishment. Those whose crimes
are relatively minor may be exempted from punishment.

If a suspected criminal or defendant under compulsory
measure or criminal who serves a sentence truthfully
confesses his other crimes that is unknown to a judicial
organ, he shall be dealt with as voluntary surrender.

Article 68 A criminal who is verified that he discloses
another person’s crime, or provides key clues that lead to
solve another case or renders other meritorious service may
be given a lighter or mitigated punishment. Those who
renders great meritorious service may be given a mitigated
punishment or be exempted from punishment.

Those who not only conducts voluntary surrender but also
renders great meritorious service shall be given a lighter
punishment or be exempted from punishment.

Section 4 Combined Punishment for Several Crimes

Article 69 For a criminal who commits several crimes before
a judgment is pronounced, unless he is sentenced to death or
life imprisonment, his term of punishment shall be decided
in such a way that it may not exceed the total of the terms
for all the crimes and must be longer than the maximum term
for any one of the crimes, depending on the circumstances of
each case. However, the term of public surveillance may not
exceed three years, the term of criminal detention may not
exceed one year, and fixed-term imprisonment may not exceed
twenty years.

If among the crimes there are any for which a supplementary
punishment is imposed, the supplementary punishment must
still be executed.

Article 70 If after a judgment has been pronounced but
before the punishment has been completely executed it is
discovered that before the judgment was pronounced the
criminal committed another crime for which he was not
sentenced, a judgment shall also be rendered for the newly
discovered crime; the punishment to be executed shall be
determined on the basis of the punishments imposed in the
former and latter judgments and according to the provisions
of Article 69 of this Law. Any portion of the term that has
already been served shall count towards fulfilment of the
term imposed by the latest judgment.

Article 71 If after a judgment has been pronounced but
before the punishment has been completely executed the
criminal again commits a crime, another judgment shall be
rendered for the newly committed crime; the punishment to be
executed shall be decided on the basis of the punishment
that remains to be executed for the former crime and the
punishment imposed for the latter crime and according to the
provisions of Article 69 of this Law.

Section 5 Suspension of Sentence

Article 72 A suspension of sentence may be granted to a
criminal sentenced to criminal detention or to fixed-term
imprisonment of not more than three years if, according to
the circumstances of his crime and his demonstration of
repentance, suspension of the sentence will not result in
further harm to society.

If a supplementary punishment has been imposed on a
criminal whose sentence has been suspended, the
supplementary punishment must still be executed.

Article 73 The probation period for suspension of criminal
detention shall be not less than the term originally decided
and not more than one year, but it may not be less than two
months.

The probation period for suspension of fixed-term
imprisonment shall be not less than the term originally
decided and not more than five years, but it may not be less
than one year.

The probation period for suspension of sentence shall be
counted from the date the judgment is made final.

Article 74 Suspension of sentence shall not be applied to
recidivists.

Article 75 A criminal whose sentence has been suspended
shall observe following provisions:

(1) observe laws and administrative regulations, submit to
supervision;

(2) report his own activities according to observing
organs’ stipulations;

(3) observe observing organs’ stipulations on meeting with
guests; and

(4) report and obtain approval from observing organs for
any departure from the city or county where he lives or
change in residence.

Article 76 A criminal whose sentence has been suspended
shall, during the probation period for suspension, observed
by the public security organ, and the unit to which he
belongs or a basic-level organization shall take concerted
action. If the cases stipulated in Article 77 of this Law do
not occur, the punishment originally decided shall not be
executed upon the expiration of the probation period for
suspension, and such a fact shall be declared in public.

Article 77 During the probation period for suspension, if a
criminal whose sentence has been suspended commits further
crime or, is found that he committed another crime for which
he was not sentenced, the suspension shall be revoked and a
judgment shall also be rendered for the newly committed
crime or newly discovered crime, and the punishment to be
executed shall be decided on the basis of the punishment for
the former and latter crimes and according to the provisions
of Article 69 of this Law.

A criminal whose sentence has been suspended shall, if he
violates a law or a regulation or relevant provisions
concerning supervision and administration on suspension
promulgated by the Department of Public Security under the
State Council during the probation period for suspension,
and the circumstance of such violation is severe, suspension
shall be revoked and punishment originally decided shall be
executed.

Section 6 Commutation of Punishment

Article 78 A criminal sentenced to public surveillance,
criminal detention, fixed-term imprisonment or life
imprisonment may have his punishment commuted if he observes
the rules of prison conscientiously, accepts education and
reform, and shows true repentance or performs meritorious
service while serving his sentence. Those who perform any of
following great meritorious service shall have punishment
commuted:

(1) prevent other persons from committing serious crimes;

(2) bring accusations with respect to the serious crimes
within or outside the prison, and such accusation is
verified;

(3) conduct invention, creation or great technical
innovation;

(4) risk life to save others in routine production and
life;

(5) make outstanding performance in resisting natural
disaster or in removing serious accident; or

(6) provide other great contributions to the state and
society.

After commutation, the term of punishment actually to be
served by those sentenced to public surveillance, criminal
detention or fixed-term imprisonment may not be less than
half of the term originally decided; for those sentenced to
life imprisonment, it may not be less than ten years.

Article 79 Commutation of punishment of a criminal shall be
put forward in the form of the proposal document concerning
commutation of punishment by the executing organ towards an
intermediate people’s court or a people’s court at higher
level. The people’s courts shall form a collegial panel to
hold a trial, and decide commutation of punishment for those
who show true repentance or have fact of performing
meritorious service. No commutation shall be decided unless
by a legal procedure.

Article 80 A term of fixed-term imprisonment that is
commuted from a life imprisonment shall be counted from the
date the order of commutation is issued.

Section 7 Parole

Article 81 Criminals sentenced to fixed-term imprisonment
who have served more than half of the term of their original
sentence or criminals sentenced to life imprisonment who
have served not less than ten years of their term may be
granted parole if they observe rules of prison
conscientiously, accept education and reform, and show true
repentance, and will no longer cause harm to society after
parole. If special circumstances exist, and upon approval of
the Supreme People’s Court, the above restrictions relating
to the term served may be disregarded.

Recidivists and criminals sentenced to fixed-term
imprisonment of more than ten years or life imprisonment for
violent crimes such as committing homicide, causing
explosion, robbery, rape and kidnapping shall not be granted
parole.

Article 82 Parole of a criminal shall be decided according
to the procedure stipulated in Article 79 of this Law. No
parole shall be granted unless by a legal procedure.

Article 83 The probation period for parole in the case of a
fixed-term imprisonment shall be equal to the portion of the
term that has not been completed; the probation period for
parole in the case of life imprisonment shall be ten years.

The probation period for parole shall be counted from the
date the criminal is released on parole.

Article 84 A criminal who is granted parole shall observe
following provisions:

(1) observe laws and administrative regulations, submit to
supervision;

(2) report his own activities according to the stipulations
of the supervising organs;

(3) observe the stipulations of meeting with guests
promulgated by the supervising organs; and

(4) report and obtain approval from the supervising organs
for any departure from the city or county where he lives or
change in residence.

Article 85 A criminal who is granted parole shall be
subject to supervision by a public security organ during the
probation period for parole. If the circumstance stipulated
in Article 86 of this Law does not occur, the punishment to
which he was originally sentenced shall be considered to
have been completely executed upon the expiration of the
probation period for parole; and such a fact shall be
declared in public.

Article 86 If a criminal who is granted parole does commit
further crime during the probation period for parole, the
parole shall be revoked and combined punishment for several
crimes shall be decided according to Article 71 of this Law.

During the probation period for parole, if a criminal who
is granted parole is found that before the judgment was
announced he committed another crime for which he was not
sentenced, parole shall be revoked and combined punishment
for several crimes shall be decided according to Article 70
of this Law.

A criminal who is granted parole shall, if he violates a
law or an administrative regulation, or a stipulation on
supervision and administration concerning parole promulgated
by the Department of Public Security under the State Council
during the probation period for parole, and such an act does
not constitute a further crime, parole shall be revoked
according to the legal procedure, and the criminal shall be
sent to prison for the execution of the unexecuted
punishment.

Section 8 Limitation

Article 87 Crimes shall not be prosecuted if the following
periods have elapsed:

(1) five years, when the maximum prescribed punishment is
fixed-term imprisonment of less than five years;

(2) ten years, when the maximum prescribed punishment is
fixed-term imprisonment of not less than five years but less
than ten years;

(3) fifteen years, when the maximum prescribed punishment
is fixed-term imprisonment of not less than ten years; and

(4) twenty years, when the maximum prescribed punishment is
life imprisonment or death. If after twenty years it is
considered that a crime must be prosecuted, the matter must
be submitted to the Supreme People’s Procuratorate for
approval.

Article 88 No limitation on the period for prosecution
shall be imposed with respect to criminals who escape from
investigation or trial after a people’s procuratorate or
public security organ or state security organ places the
case on file and conducts investigation, or a people’s
court handles the case.

No limitation on the period for prosecution shall be
imposed if a victim puts forward accusation during a
limitation period for prosecution, and a people’s court or
people’s procuratorate or public security organ shall place
the case on file but fails to do so.

Article 89 The limitation period for prosecution shall be
counted from the date of the crime; if the criminal act is
of a continual or continuous nature, it shall be counted
from the date the criminal act is terminated.

If further crime is committed during a limitation period
for prosecution, the limitation period for prosecution of
the former crime shall be counted from the date the latter
crime is committed.

Chapter V Other Provisions

Article 90 Where the provisions of this Law cannot be
completely applied in national autonomous areas, the
people’s congresses of those autonomous regions or the
provinces concerned may formulate adoptive or supplementary
provisions based on the political, economic and cultural
characteristics of the local nationalities and the basic
principles stipulated in this Law, and these provisions
shall go into effect after they have been submitted to and
approved by the Standing Committee of the National People’s
Congress.

Article 91 “Public property” as mentioned in this Law
refers to the following:

(1) property owned by the state;

(2) property owned collectively by working people; and

(3) property by social donation and property as
specific-purpose fund all of which are used for helping the
poor or for other causes of public welfare. ? Private
property that is being managed, used or transported by the
state organs, state-owned companies or enterprises,
collective-owned enterprises and people’s organizations
shall be treated as public property.

Article 92 “Citizens’ privately owned property” as
mentioned in this Law refers to the following:

(1) citizens’ lawfully earned income, savings, houses and
other means of livelihood;

(2) any means of production that are under individual or
family ownership according to law;

(3) legal property owned by individual household and
private enterprises; and

(4) shares, stocks, bonds and other property owned by
individuals according to law.

Article 93 “State functionaries” as mentioned in this Law
refers to personnel of state organs who are engaged in
public service according to law.

Personnel of state-owned companies or enterprises or
institutions and people’s organizations who are engaged in
public service and personnel who are appointed and sent by
state organs, state-owned companies or enterprises or
institutions to non-state-owned companies or enterprises or
institutions or mass organizations to carry out public
service, and other personnel who are engaged in public
service according to law, shall be treated as state
functionaries.

Article 94 “Judicial functionaries” as mentioned in this
Law refers to staff who have the functions of investigation,
prosecution, adjudication and supervision and management.

Article 95 “Serious injuries” as mentioned in this Law
refers to any of the following:

(1) injuries resulting in loss of a person’s use of a limb
or in disfigurement;

(2) injuries resulting in loss of a person’s hearing,
sight or the function of any other organ; and

(3) other injuries that cause grave harm to a person’s
physical health.

Article 96 “To violate the state stipulations” as
mentioned in this Law refers to violation of laws and
decisions enacted by the National People’s Congress and its
Standing Committee, and of administrative regulations
enacted by the State Council or administrative measures
adopted by the State Council or decisions and orders issued
by the State Council.

Article 97 “Ringleader” as mentioned in this Law refers
to any criminal who has the role of organizing, planning or
directing a criminal group or a crowd assembled to commit a
crime.

Article 98 “To be handled only upon complaint” as
mentioned in this Law means that a case shall only be
handled if the victim brings a complaint. If the victim is
unable to bring a complaint because of coercion or
intimidation, a people’s procuratorate or a close relative
of the victim may bring his complaint.

Article 99 “Not less than”, “not more than” and
“within” as mentioned in this Law all include the given
figure.

Article 100 Any person who was given a criminal punishment
shall, when joining the army or getting a job, report
truthfully that he was ever given a criminal punishment to
relevant units, and shall not conceal the fact.

Article 101 The General Provisions of this Law are
applicable to other laws with provisions for criminal
punishments, unless otherwise provided in other laws.

Part Two Specific Provisions

Chapter I Crimes of Endangering the State Security

Article 102 Whoever colludes with a foreign state in
jeopardizing the sovereignty, territorial integrity and
security of the People’s Republic of China shall be
sentenced to life imprisonment or fixed-term imprisonment of
not less than ten years.

Whoever colludes with an agency or organization or
individual outside China and commits the crime stipulated in
the preceding paragraph shall be punished according to the
provisions of the preceding paragraph.

Article 103 Ringleaders who organize, scheme for or carry
out dismembering the state and undermining the unification
of the state and those whose crimes are severe shall be
sentenced to life imprisonment or fixed-term imprisonment of
not less than ten years. Active participants shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. Other participants shall
be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or
deprivation of political rights.

Whoever incites dismembering the state and undermining the
unification of the state shall be sentenced to fixed-term
imprisonment of not more than five years, criminal
detention, public surveillance or deprivation of political
rights. Ringleaders or those whose crimes are severe shall
be sentenced to fixed-term imprisonment of not less than
five years.

Article 104 Ringleaders who organize, scheme for or carry
out armed rebellion or armed riot and those whose crimes are
severe shall be sentenced to life imprisonment or fixed-term
imprisonment of not less than ten years. Active participants
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. Other
participants shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public
surveillance or deprivation of political rights.

Whoever instigates, forces, lures, or bribes a state
functionary or a member of the armed forces, the people’s
police or the people’s militia to conduct armed rebellion
or armed riot shall be given a heavier punishment according
to the provisions of the preceding paragraph.

Article 105 Ringleaders who organize, scheme for or carry
out subverting the state’s political power and overthrowing
the socialist system and those whose crimes are severe shall
be sentenced to life imprisonment or fixed-term imprisonment
of not less than ten years. Active participants shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. Other participants shall
be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or
deprivation of political rights.

Whoever incites subverting the state’s political power and
overthrowing the socialist system through starting a rumour
or slander or by other means shall be sentenced to
fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of
political rights. Ringleaders or those whose crimes are
severe shall be sentenced to fixed-term imprisonment of not
less than five years.

Article 106 Whoever colludes with an agency or organization
or individual outside China and carries out any crime
stipulated in the provisions of Article 103, Article 104 or
Article 105 in this Chapter shall be given a heavier
punishment according to the provisions of relevant Article.

Article 107 Person(s) who directly bear the responsibility
of an agency or organization or individual within or outside
China shall, if the agency or organization or individual
subsidizes an organization or individual within China in
carrying out a crime stipulated in Article 102, Article 103,
Article 104 or Article 105 in this Chapter, be sentenced to
fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of
political rights; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years.

Article 108 Whoever defects to the enemy and turns traitor
shall be sentenced to fixed-term imprisonment of not less
three years and not more than ten years; if the
circumstances are serious or the case concerns the leading
of members of the armed forces, the people’s police or the
people’s militia to defect to the enemy and turn traitor,
the offender shall be sentenced to fixed-term imprisonment
of not less than ten years or life imprisonment.

Article 109 A state functionary who, during the time when
he is on duty, leaves his post and flees the country and
turns traitor, or flees and turns traitor outside China, and
endangers the state’s security of the People’s Republic of
China, shall be sentenced to fixed-term imprisonment of not
more than five years, criminal detention, public
surveillance or deprivation of political rights; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and
not more than ten years.

A state functionary who holds state secrets and commits the
crime stipulated in the preceding paragraph shall be given a
heavier punishment according to the provisions of the
preceding paragraph.

Article 110 Whoever conducts any of the following acts of
espionage and endangers the state’s security shall be
sentenced to fixed-term imprisonment or life imprisonment;
if the circumstances are relatively minor, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years:

(1) joining a espionage organization or accepting tasks
from a espionage organization and its agent; and

(2) directing the enemy to any bombing or shelling target.

Article 111 Whoever steals, spies on, buys or illegally
provides state secrets or intelligence for an agency or
organization or people outside China shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years; if the circumstances are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life
imprisonment; if the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of
not more than five years, criminal detention, public
surveillance or deprivation of political rights.

Article 112 Whoever supplies arms, equipment or military
materials to aid the enemy during wartime shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years.

Article 113 If any crime of endangering the state security
mentioned above in this Chapter, except those mentioned in
the second paragraph of Articles 103, Article 105, Article
107 and Article 109, causes especially serious harm to the
state and the people and the circumstances are especially
flagrant, the death penalty may be imposed.

Whoever commits any of the crimes mentioned in this Chapter
may concurrently be sentenced to confiscation of property.

Chapter II Crimes of Endangering Public Security

Article 114 Whoever sets fires, breaches dikes, causes
explosions, spreads poisons or uses other dangerous means to
sabotage factories, mines, oilfields, harbours, rivers,
water sources, warehouses, dwellings, forests, farms,
threshing grounds, pastures, important pipelines, public
buildings or other public or private property and thereby
endangers public security, if serious consequences have not
yet resulted, shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years.

Article 115 Whoever sets fires, breaches dikes, causes
explosions, spreads poisons or uses other dangerous
techniques resulting in serious human injury or death or
great loss of public or private property shall be sentenced
to fixed-term imprisonment of not less than ten years, life
imprisonment or death.

Whoever negligently commits the crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years; if the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention.

Article 116 Whoever sabotages trains, motor vehicles,
trams, ships or aircraft in a manner that is sufficient to
put trains, motor vehicles, trams, ships or aircraft in
danger of overturning or being destroyed, if serious
consequences have not yet resulted, shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years.

Article 117 Whoever sabotages railroads, bridges, tunnels,
highways, airports, waterways, lighthouses or signs or
conducts other damaging activities in a manner that is
sufficient to put trains, motor vehicles, trams, ships or
aircraft in danger of overturning or being destroyed, if
serious consequences have not yet resulted, shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.

Article 118 Whoever sabotages electric power or gas
facilities or other inflammable or explosive equipment and
thereby endangers public security, if serious consequences
have not yet resulted, shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years.

Article 119 Whoever sabotages a means of transport,
transportation facilities, electric power facilities, gas
facilities, or inflammable or explosive equipment and
thereby causes serious consequences shall be sentenced to
fixed-term imprisonment of not less than ten years, life
imprisonment or death.

Article 120 Whoever organizes, leads and actively
participates in terroristic organization shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years. Other participants shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding
paragraph and concurrently commits homicide, causing
explosion, kidnapping or other crimes shall be punished
according to the provisions of combined punishment for
several crimes.

Article 121 Whoever hijacks any aircraft by means of
violence, intimidation or in any other manner shall be
sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment. Any hijacker who causes serious
bodily injury to or death of any other person, or serious
damage to the aircraft, shall be sentenced to death.

Article 122 Whoever hijacks any ship or motor vehicle by
means of violence, intimidation or in any other manner shall
be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years; If serious
consequences have been caused, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment.

Article 123 Whoever exercises violence to any person in a
aircraft in flight and endangers the safety of flight, if
serious consequences have not yet resulted, shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention; the offender who causes serious
consequences shall be sentenced to fixed-term imprisonment
of not less than five years.

Article 124 Whoever sabotages broadcast and television
facilities or public telecommunications facilities and
thereby endangers public security shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years; if serious consequences have
resulted, the offender shall be sentenced to fixed-term
imprisonment of not less than seven years.

Article 125 Whoever illegally manufactures, trades in,
transports, posts or stores guns, ammunition or explosives
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years; If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years, life
imprisonment or death.

Whoever illegally trades in or transports nuclear materials
shall be punished according to provisions of the preceding
paragraph.

Any unit which commits a crime mentioned in the preceding
two paragraphs shall be sentenced to a fine, and
concurrently persons directly in charge and other persons
directly responsible for the crime of the unit shall be
punished according to the provisions of the first paragraph.

Article 126 If an enterprise engaged in manufacturing or
selling of guns which is designated or defined according to
law violates regulations on management of guns and commits
any of the following acts, it shall be sentenced to a fine,
and concurrently persons directly in charge and other
persons directly responsible for the crimes shall be
sentenced to fixed-term imprisonment of not more than five
years; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years; if the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment:

(1) manufacturing or assigning and selling guns exceeding
the limit or not according to the limit for the purpose of
illegal sale;

(2) manufacturing guns without numbers or with same number
or false number for the purpose of illegal sale; and

(3) illegally selling guns or selling the guns for export
in China.

Article 127 Whoever steals or forcibly seizes guns,
ammunition or explosives shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years; if the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than ten years, life imprisonment or death.

Whoever robs guns, ammunition or explosives, or steals or
forcibly seizes the guns, ammunition or explosives of state
organs, members of the armed forces, the police or the
people’s militia shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment
or death.

Article 128 Whoever, in violation of regulations on control
of guns, holds illegally or keeps in secret guns or
ammunition shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public
surveillance; if the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.

If a person who is allocated a gun for public service
according to law illegally leases or lends his gun, he shall
be punished according to the provisions of the preceding
paragraph.

If a person who is allocated a gun according to law
illegally leases or lends his gun and causes serious
consequences, he shall be punished according to the
provisions of the first paragraph.

Any unit which commits any crime mentioned in the first or
second paragraph shall be sentenced to a fine, and
concurrently persons directly in charge and persons directly
responsible for the crime shall be punished according to the
provisions of the first paragraph.

Article 129 If a person who is allocated a gun for public
service loses his gun and fails to report and thereby causes
serious consequences, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Article 130 Whoever illegally carries guns, ammunition,
knives under control or explosive, inflammable, radioactive,
poisonous or corrosive materials, and enters into public
places or public transportation means, and endangers public
security with serious circumstances, shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.

Article 131 If an airman violates the rules and regulations
and thereby causes a serious flight accident resulting in
serious consequences, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention; if crash of an aircraft or injury or death has
resulted, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 132 If a person who works in a railway enterprise
violates the rules and regulations and thereby causes a
railway transportation accident resulting in serious
consequences, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention; if especially serious consequences have resulted,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years.

Article 133 Whoever violates the regulations on control of
communications or transportation and thereby causes a
serious accident resulting in serious bodily injury or death
or serious losses to public or private property, he shall be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if the offender flees after
causing a communication or transportation accident or has
other especially flagrant circumstances, he shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years; if his fleeing causes
another person’s death, he shall be sentenced to fixed-term
imprisonment of not less than seven years.

Article 134 If any staff member or worker of a factory,
mine, forestry centre, construction enterprise or other
enterprise or institution disobeys management and violates
the rules and regulations or forces workers to work in a
hazardous way in violation of the rules and thereby causes a
serious accident involving injury or death or other serious
consequences, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention; if the circumstances are especially flagrant, he
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.

Article 135 If a factory, mine, forestry centre,
construction enterprise or other enterprise or institution
whose labour safety facilities do not conform to the
state’s stipulations fails to take measures to hidden peril
of the accident after relevant departments, or staff members
or workers of relevant units put forward a demand, and
thereby causes a serious accident involving injury or death
or other serious consequences, persons directly in charge
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the circumstances
are especially flagrant, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 136 If anyone violates the regulations on the
control of explosive, inflammable, radioactive, poisonous or
corrosive materials and thereby causes a serious accident
during the production, storage, transportation or use of
those materials, and serious consequences result, he shall
be sentenced to fixed-term imprisonment of not more than
three years or criminal detention; if the consequences are
especially serious, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 137 If a building unit, design unit, construction
unit or project supervision unit violates the state’s
stipulations and lowers the project’s quality standard and
thereby causes a serious accident, persons directly
responsible for it shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention, and concurrently to a fine; if the consequences
are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years, and concurrently to a fine.

Article 138 If it is clearly known that schoolhouses or
facilities for education or schooling are in danger but no
measures are taken or no reports are conducted in time
thereby causing a serious accident involving injury or
death, persons directly responsible for it shall be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if the circumstances are
especially serious, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 139 If any person or unit violates regulations on
fire control and refuses to take remedy measures after a
fire control supervision organ told him or it to do so, and
thereby causes serious consequences, persons directly
responsible for them shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention; if the consequences are especially serious, he
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.

Chapter III Crimes of Undermining the Socialist Market
Economic Order

Section 1 Crimes of Production and Sale of Fake or
Substandard Commodities

Article 140 Where a producer or seller mixes impurities or
imitations into a product, or passes a fake product off as a
genuine one, or passes a defective product off as a
high-quality one, or passes a substandard product off as a
standard one, if the sum obtained through sale amounts to
not less than 50,000 yuan but less than 200,000 yuan, the
offender shall be sentenced to fixed-term imprisonment of
not more than two years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than half of the sum obtained through sale and not more
than twice of that. If the sum obtained through sale amounts
to not less than 200,000 yuan but less than 500,000 yuan,
the offender shall be sentenced to fixed-term imprisonment
of not less than two years and not more than seven years,
and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than
twice of that. If the sum obtained through sale amounts to
not less than 500,000 yuan but less than 2,000,000 yuan, the
offender shall be sentenced to fixed-term imprisonment of
not less than seven years, and concurrently be sentenced to
a fine of not less than half of the sum obtained through
sale and not more than twice of that. If the sum obtained
through sale amounts to not less than 2,000,000 yuan, the
offender shall be sentenced to fixed-term imprisonment of
fifteen years or life imprisonment, and concurrently be
sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of that or
confiscation of property.

Article 141 Whoever produces or sells fake medicine in a
manner that is sufficient to cause serious harm to human
health shall be sentenced to fixed-term imprisonment of not
more three years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than half
of the sum obtained through sale and not more than twice of
that; if the offence causes serious harm to human health,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years,
and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than
twice of that; if the offence causes death of a person or
any other especially serious harm to human health, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death, and
concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of
that or confiscation of property.

“Fake medicine” mentioned in this Article refers to a
medicine or a non-medical substance to be categorized as or
handled as fake medicine in accordance with the provisions
of the Pharmaceutical Administration Law of the People’s
Republic of China.

Article 142 Whoever produces or sells medicine of inferior
quality and causes serious harm to human health shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be
sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of that. If
the consequences are especially serious, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than half of the sum obtained through
sale and not more than twice of that or confiscation of
property.

“Medicine of inferior quality” mentioned in this Article
refers to a medicine to be categorized as a medicine of
inferior quality in accordance with the provisions of the
Pharmaceutical Administration Law of the People’s Republic
of China.

Article 143 Whoever produces or sells food that does not
conform to hygiene standards in a manner that is sufficient
to cause a serious food-poisoning accident or any serious
disease caused by food-borne bacteria shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of that. If
the offence causes serious harm to human health, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of
that. If the consequences are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than seven years or life imprisonment, and
concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of
that or confiscation of property.

Article 144 Whoever mixes the food to be produced or sold
with toxic or harmful non-food stuffs, or sells the food
mixed with toxic or harmful non-food stuffs that he knows
clearly, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than half of the sum obtained through sale and not more
than twice of that sum. If the offence causes a serious
food-poisoning accident or any serious disease caused by
food-borne bacteria, thus seriously harming human health,
the offender shall be sentenced to fixed-term imprisonment
of not less than five years and not more than ten years, and
concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of the
sum. If the offence causes death to a person or especially
serious harm to human health, the offender shall be punished
according to the provisions of Article 141 of this Law.

Article 145 Whoever produces medical appliances or medical
hygiene materials that do not conform to the national or
trade standards safeguarding human health, or sells such
appliances or materials while clearly knowing their
inconformity to the national or trade standards safeguarding
human health, and thereby causes serious harm to human
health, shall be sentenced to fixed-term imprisonment of not
more than five years, and concurrently be sentenced to a
fine of not less than half of the sum obtained through sale
and not more than twice of the sum. If the consequences are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine
of not less than half of the sum obtained through sale and
not more than twice of the sum; the offender whose
circumstances are especially flagrant shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not
less than half of the sum obtained through sale and not more
than twice of the sum or confiscation of property.

Article 146 Whoever produces electrical appliances,
pressure containers, explosive or inflammable products or
any other products that do not conform to the national or
trade standards safeguarding the safety of person or
property, or sells such products while clearly knowing their
inconformity to the national or trade standards safeguarding
the safety of person or property, thereby causing serious
consequences, shall be sentenced to fixed-term imprisonment
of not more than five years, and concurrently be sentenced
to a fine of not less than half of the sum obtained through
sale and not more than twice of the sum. If the consequences
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years, and
concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of the
sum.

Article 147 Whoever produces fake pesticides, fake animal
pharmaceuticals or fake chemical fertilizers, or sells
pesticides, animal pharmaceuticals, chemical fertilizers or
seeds while clearly knowing that such products are fake or
no longer effective, or any producer or seller passes
substandard pesticides, animal pharmaceuticals, chemical
fertilizers or seeds off as those up to standard and thereby
causes considerable losses to production, shall be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than half of the sum
obtained through sale and not more than twice of the sum. If
the offence causes serious losses to production, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of the
sum. If the offence causes especially serious losses to
production, the offender shall be sentenced to fixed-term
imprisonment of not less than seven years or life
imprisonment, and concurrently be sentenced to a fine of not
less than half of the sum obtained through sale and not more
than twice of the sum or confiscation of property.

Article 148 Whoever produces cosmetics that do not conform
to hygiene standards or sells such products while clearly
knowing their inconformity to hygiene standards and thereby
causes serious consequences shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than half of the sum obtained through
sale and not more than twice of the sum.

Article 149 Whoever produces or sells the products
mentioned in from Article 141 to Article 148 of this Section
and does not yet constitute a crime mentioned in any of the
Articles, and with the sum obtained through sale amounting
to 50,000 yuan, shall be decided a crime and given a
punishment according to the provisions of Article 140 of
this Section.

Whoever produces or sells the products mentioned in from
Article 141 to Article 148 of this Section and constitutes a
crime mentioned in one of the Articles, and in the meantime
also constitutes a crime mentioned in Article 140 of this
Section, shall be decided a crime and given a punishment
according to the Article with a heavier punishment.

Article 150 If a unit commits a crime mentioned in from
Article 140 to Article 148 of this Section, the unit shall
be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be
punished according to the provisions of a relevant Article.

Section 2 Crimes of Smuggling

Article 151 Whoever smuggles weapons, ammunition, nuclear
materials or counterfeit currency shall be sentenced to
fixed-term imprisonment of not less than seven years, and
concurrently be sentenced to a fine or confiscation of
property. If the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine.

Whoever smuggles cultural relics, gold, silver or other
precious metals forbidden by the state from being exported,
or precious and rare species of wildlife forbidden by the
state from being imported and exported as well as the
products thereof, shall be sentenced to fixed-term
imprisonment of not less than five years, and concurrently
be sentenced to a fine. If the circumstances are relatively
minor, the offender shall be sentenced to fixed-term
imprisonment of not more than five years, and concurrently
be sentenced to a fine.

Whoever smuggles precious and rare species of plants
forbidden by the state from being imported and exported and
the products thereof shall be sentenced to fixed-term
imprisonment of not more than five years, and concurrently
or independently be sentenced to a fine. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years, and
concurrently be sentenced to a fine.

Whoever commits any crime mentioned in the first and second
paragraphs, if the circumstances are especially serious,
shall be sentenced to life imprisonment or death, and
concurrently be sentenced to confiscation of property.

If a unit commits any crime mentioned in this Article, the
unit shall be sentenced to a fine, and persons directly in
charge and other persons directly responsible for the crime
shall be punished according to the provisions of the
relevant paragraph of this Article.

Article 152 Whoever, for the purpose of making profits or
dissemination, smuggles pornographic movies, videotapes,
magnetic tapes, pictures, publications or other pornographic
articles shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and
concurrently be sentenced to a fine. If the circumstances
are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or
confiscation of property. If the circumstances are
relatively minor, the offender shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine.

Article 153 Whoever smuggles goods and articles not
specified in Article 151, Article 152, Article 347 shall be
punished according to the following provisions in the light
of the seriousness of the circumstances:

(1) Whoever smuggles goods and articles of which the tax
payable evaded amounts to not less than 500,000 yuan shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than the tax payable and not more than
five times of the sum or confiscation of property. If the
circumstances are especially serious, the offender shall be
punished according to the provisions of the fourth paragraph
of Article 151 of this Law.

(2) Whoever smuggles goods and articles of which the tax
payable evaded amounts to not less than 150,000 yuan and not
more than 500,000 yuan shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine of not
less than the tax payable and not more than five times of
the sum. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than the tax
payable and not more than five times of the sum or
confiscation of property.

(3) Whoever smuggles goods and articles of which the tax
payable evaded amounts to not less than 50,000 yuan and not
more than 150,000 yuan shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently be sentenced to a fine of not
less than the tax payable and not more than five times of
the sum.

If a unit commits a crime mentioned in the preceding
paragraph, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If the
circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years.

Whoever repeatedly smuggles and goes unpunished shall be
punished according to the accumulated tax payable of the
smuggled goods and articles.

Article 154 Whoever commits any of the following acts of
smuggling that constitutes a crime according to the
provisions of this Section shall be decided a crime and
punished according to the provisions of Article 153 of this
Law:

(1) without approval by the Customs and without having paid
the overdue customs duties, selling for profits without
authorization, within the territory of China, authorized
imported bonded goods such as materials supplied by foreign
clients for processing, parts supplied by them for assembly
or raw or processed materials, parts, finished products or
equipment for compensation trade; or

(2) without approval by the Customs and without having paid
the overdue customs duties, selling for profits without
authorization, within the territory of China, imported goods
and articles specially designated for the reduction of or
exemption from duties.

Article 155 Whoever commits any of the following acts shall
be deemed to have committed the crime of smuggling and shall
be punished according to the provisions of this Section:

(1) directly and illegally purchasing from smugglers
articles forbidden by the state from being imported or
directly and illegally purchasing from smugglers other
smuggled imported goods and articles, involving relatively
large quantities or values; or

(2) transporting, purchasing and selling in inland seas and
territorial waters articles forbidden by the state from
being imported or exported or goods and articles subject to
state restrictions on import and export, involving
relatively large quantities and values and without legal
certifications; or

(3) evading the supervision and administration by the
Customs and transporting the solid waste from abroad into
China.

Article 156 Whoever conspires with criminals committing
smuggling by offering them loans, funds, account numbers,
invoices or certificates, or by providing them with such
conveniences as transportation, storage or mailing, shall be
deemed as an accomplice in the crime of smuggling and
punished as such.

Article 157 Whoever shields smuggling with armed force
shall be given a heavier punishment according to the
provisions of the first and fourth paragraphs of Article 151
of this Law.

Whoever, by means of violence or threat, resists the
seizure of smugglers or smuggled goods shall be punished for
crimes of smuggling and of preventing state personnel from
carrying out their functions according to law as stipulated
in Article 277 of this Law and in accordance with the
provisions regarding the combined punishment for several
crimes.

Section 3 Crimes of Impairing Order of Administering upon
Companies and Enterprises

Article 158 Whoever, in the course of application for
registration of company, reports falsely registered capital
by using false documents of certificate or in other method
of swindling, deceives the authorities in charge of
registration of company, and goes through the procedures of
registration shall, if the amount of registered capital
reported falsely is huge or consequences are serious or
other serious circumstances exist, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than 1% of the sum of
registered capital reported falsely and not more than 5% of
the sum.

Article 159 A company initiator or shareholder who violates
the provisions of the Company Law and invests falsely in the
method of not delivering currency, material objects, or not
transferring property rights, or draws back the capital
after a company is established shall, if the amount involved
is huge or consequences are serious or other serious
circumstances exist, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than 2% of the sum of the capital provided falsely or
drawn back and not more than 10% of the sum.

Article 160 Whoever conceals important facts or fabricates
important false contents in the prospectuses on share offer,
documents of subscription for shares or measures on raising
bonds for a company or enterprise, and issues shares or
bonds for a company or enterprise shall, if the amount
involved is huge, or consequences are serious or other
serious circumstances exist, be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than 1% of the sum of the fund raised
illegally and not more than 5% of the sum.

Article 161 If a company provides the shareholders and the
general public with false financial and accounting
statements or financial and accounting statements in which
it conceals important facts, persons directly in charge and
other persons directly responsible for the crime of the
company shall, if interests of shareholders or other persons
are seriously harmed, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than 20,000 yuan and not more than
200,000 yuan.

Article 162 If a company or enterprise, in the course of
liquidation, hides property, records falsely in the balance
sheet or detailed list of property or, distributes property
of the company or enterprise before payment of debts,
persons directly in charge and other persons directly
responsible for the crime shall, if interests of creditors
or other persons are seriously harmed, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than 20,000 yuan and not
more than 200,000 yuan.

Article 163 Whoever from the staff of a company or
enterprise takes advantage of his office to extort or accept
illegally property from others and makes profits for others
shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the amount involved is huge,
the offender shall be sentenced to fixed-term imprisonment
of not less than five years, and may concurrently be
sentenced to confiscation of property.

Whoever from the staff of a company or enterprise, in the
course of economic activities, accepts whatever kind of
rebate or commission in violation of the state’s
stipulations, and takes possession of it, shall be punished
according to the provisions of the preceding paragraph.

If personnel of a state-owned company or enterprise who is
engaged in public service and personnel who is appointed and
sent by a state-owned company or enterprise to a
non-state-owned company or enterprise to carry out public
service conducts an act mentioned in the preceding two
paragraphs, he shall be decided a crime and punished
according to the provisions of Article 385 or Article 386 of
this Law.

Article 164 Whoever offers property to the staff of a
company or enterprise in order to make illegal profits
shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention. If the amount involved is huge,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years,
and concurrently be sentenced to a fine.

The briber who confesses actively his bribery before being
prosecuted may be given a mitigated punishment or be
exempted from punishment.

Article 165 Whoever from directors or managers of a
state-owned company or enterprise takes advantage of his
office to make business which is the same as that of the
company or enterprise in which he takes office for himself
or for others, and obtains illegally interests shall, if the
amount involved is huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine. If the amount involved is especially huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine.

Article 166 Whoever from the staff of a state-owned
company, enterprise or institution takes advantage of his
office to commit any of the following acts shall, if a heavy
loss of state’s interests is caused, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine. If a especially heavy loss of the
state’s interests is caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be
sentenced to a fine:

(1) assigning his relatives and friends to do profit-making
business of his unit;

(2) purchasing goods at a price which is obviously higher
than the market price from the units run or managed by his
relatives and friends or selling goods at a price which is
obviously lower than the market price to the units run or
managed by his relatives and friends; or

(3) purchasing substandard goods from the units run or
managed by his relatives and friends.

Article 167 Whoever from the persons directly in charge of
a state-owned company, enterprise or institution, in the
course of signing or fulfiling contracts, is defrauded
because of serious neglect of duty, and causes the interests
of the state to suffer a heavy loss shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention. If he causes the interests of the state
to suffer a especially heavy loss, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.

Article 168 Whoever from the persons directly in charge of
a state-owned company or enterprise engages in malpractice
for the benefit of his friends, causes bankruptcy or serious
losses to the state-owned company or enterprise and causes
the interests of the state to suffer a heavy loss shall be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

Article 169 Whoever from the persons directly in charge of
a state-owned company or enterprise or its competent
authorities at higher level engages in malpractice for the
benefit of his friends, converts the state-owned assets into
shares at a low price or sells them at a low price, and
causes the interests of the state to suffer a heavy loss,
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention. If he causes the
interests of the state to suffer a especially heavy loss,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years.

Section 4 Crimes of Undermining order of Administering upon
Banking

Article 170 Whoever counterfeits currency shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan. Any of the following categories of
persons shall be sentenced to fixed-term imprisonment of not
less than ten years, life imprisonment or death, and
concurrently be sentenced to a fine of not less less than
50,000 yuan and not more than 500,000 yuan or confiscation
of property:

(1) those principal criminals of a currency counterfeit
group;

(2) those with an especially huge amount of counterfeited
currency; or

(3) those with other especially serious circumstances.

Article 171 Whoever sells or purchases counterfeited
currency or transports knowingly counterfeited currency
shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention, and concurrently be sentenced
to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved
is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan or
confiscation of property.

Whoever from the staff of a bank or other financial
institution purchases counterfeited currency or takes
advantage of his position to exchange currency with
counterfeited currency shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is especially huge or there are other
serious circumstances, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan or
confiscation of property. If the circumstances are
relatively minor, the offender shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than 10,000 yuan and not
more than 100,000 yuan.

Whoever counterfeits currency and sells or transports the
counterfeited currency shall be decided a crime and given a
heavier punishment according to the provisions of Article
170 of this Law.

Article 172 Whoever holds or uses knowingly counterfeited
currency shall, if the amount involved is relatively huge,
be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 10,000
yuan and not more than 100,000 yuan. If the amount involved
is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years, and concurrently sentenced to a fine of not less
than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is especially huge, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years, and concurrently be sentenced to a fine of not less
than 50,000 yuan and not more than 500,000 yuan or
confiscation of property.

Article 173 Whoever alters currency shall, if the amount
involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than 10,000 yuan and not more than
100,000 yuan. If the amount involved is huge, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan.

Article 174 Whoever establishes a commercial bank or other
financial institution without authorization by the People’s
Bank of China shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years, and concurrently be sentenced to a
fine of not less than 50,000 yuan and not more than 500,000
yuan.

Whoever forges, alters or transfers an operating permit of
a commercial bank or other financial institution shall be
punished according to the provisions of the preceding
paragraph.

If a unit commits any crime mentioned in the preceding two
paragraphs, the unit shall be sentenced to a fine, and
persons directly in charge and persons directly responsible
for the crime shall be punished according to the provisions
of the first paragraph.

Article 175 Whoever illegally procures a credit loan from a
financial institution and transfers it to another person in
high interest for the purpose of making profits through
transferring a loan shall, if the amount of unlawful
earnings is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently be sentenced to a fine of not
less than the unlawful earnings and not more than five times
of the sum. If the amount of unlawful earnings is huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine of not less than the
unlawful earnings and not more than five times of the sum.

Article 176 Whoever illegally absorbs savings deposits from
the general public or absorbs savings deposits from the
general public in disguised form and thereby disturbs the
financial order shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge or there are
other serious circumstances, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years, and concurrently be sentenced to a
fine of not less than 50,000 yuan and not more than 500,000
yuan.

Article 177 Any of the following categories of persons who
forges or alters financial documents shall be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than 20,000 yuan and not
more than 200,000 yuan. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment
of not less than five years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan or
confiscation of property:

(1) those who forge or alter promissory bills, notes of
exchange and checks;

(2) those who forge or alter other bank settlement receipts
such as commission collection receipts, remittance receipts
and bank deposit receipts;

(3) those who forge or alter letters of credit or attached
notes or documents; or

(4) those who forge credit cards.

Article 178 Whoever forges or alters treasury bills or
other securities issued by the state shall, if the amount
involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved
is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan or
confiscation of property.

Whoever forges or alters stocks or bonds issued by a
company or an enterprise shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than 10,000 yuan and not more than 100,000 yuan. If the
amount involved is huge, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years, and concurrently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.

If a unit commits any crime mentioned in the preceding two
paragraphs, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions of the preceding two paragraphs.

Article 179 Whoever, without approval by the relevant
administrative authorities, issues stocks or bonds of a
company or an enterprise shall, if the amount involved is
huge or the consequences are serious or other serious
circumstances exist, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than 1% of the capital collected illegally and not more
than 5% of the sum.

Article 180 Anyone in the know of inside information of
securities transaction or anyone obtaining illegally inside
information of securities transaction, before the
information concerning issue of securities, transaction of
securities or other information of great impact on the price
of specified securities is made public, buys or sells the
securities or reveals the information, if the circumstances
are serious, shall be fixed-term imprisonment of not more
than five years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than
unlawful earnings and not more than five times of the sum.
If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than five years and not more than ten years, and
concurrently be sentenced to a fine of not less than
unlawful earnings and not more than five times of the sum.

The range of inside information shall be defined according
to the provisions of laws and administrative regulations.

The range of persons in the know shall be defined according
to the provisions of laws and administrative regulations.

Article 181 Whoever fabricates and disseminates false
information of impact on transaction of securities, disturbs
the transaction market of securities and causes serious
consequences, shall be sentenced fixed-term imprisonment of
not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than 10,000 yuan and not more than 100,000 yuan.

Whoever from the staff of a stock exchange or a securities
company, or from the staff of the securities institute or
securities administrative department intentionally provides
false information or forges, alters or destroys transaction
records, inveigles investors into buying or selling
securities, and causes serious consequences, shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 10,000
yuan and not more than 100,000 yuan. If the circumstances
are especially flagrant, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.

If a unit commits any crime mentioned in the preceding two
paragraphs, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention.

Article 182 Any of the following categories of persons who
rigs the transaction price of securities and obtains
unjustified profits or shifts risks shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than unlawful earnings and not more than
five times of the sum:

(1) independently or conspiringly, centralizing funds or
stocks held to form advantages or taking advantage of
information to conduct jointly or continuously buying or
selling in order to rig the transaction price of securities;

(2) in collaboration with others and in line with the time,
price and method agreed upon in advance, performing mutually
securities transaction or buying or selling mutually
securities not being held yet, in order to affect the
transaction price of securities or the transaction volume of
securities;

(3) behaving as the sole transaction partner and performing
transaction in which the buyer is the seller and the
ownership over securities has not been transferred, in order
to affect the transaction price of securities or the
transaction volume of securities; or

(4) rigging the transaction price of securities in other
ways.

If a unit commits a crime mentioned in the preceding
paragraph, the unit shall be sentenced to a fine, and
persons directly in charge and other persons responsible for
the crime shall be sentenced fixed-term imprisonment of not
more than five years or criminal detention.

Article 183 Whoever from the staff of an insurance company
takes advantage of his duty’s convenience to draw up
intentionally an insurance accident which never happens and
to give an adjustment in order to defraud the insurance
money and take possession of it, shall be decided a crime
and punished according to the provisions of Article 271 of
this Law.

Whoever from the staff of a state-owned insurance company
and from the persons who are appointed and sent by an
state-owned insurance company to a non-state-owned insurance
company to perform public service conducts any of the acts
mentioned in the preceding paragraph, shall be decided a
crime and punished according to the provisions of Article
382 or Article 383 of this Law.

Article 184 Whoever from the staff of a bank or other
financial institution, in the course of the financial
business activities, extorts or accepts illegally another
person’ property and seeks profits for another person, or
violates the state’s stipulations and accepts whatever kind
of rebate or commission and takes possession of it, shall be
decided a crime and punished according to the provisions of
Article 163 of this Law.

Whoever from the staff of a state-owned financial
institution and from the persons who are appointed and sent
by a state-owned financial institution to a non-state-owned
financial institution to perform public service commits any
of the acts mentioned in the preceding paragraph, shall be
decided a crime and punished according to the provisions of
Article 385 or Article 386 of this Law.

Article 185 Whoever from the staff of a bank or other
financial institution takes advantage of his duty’s
convenience and misappropriates his unit’s or the client’s
funds, shall be decided a crime and punished according to
the provisions of Article 272 of this Law.

Article 186 Whoever from the staff of a bank or other
financial institution violates the stipulations of a law or
an administrative regulation and issues a credit loan or a
guaranteed loan to his parties with more favorable
conditions than to other borrowers for the same kind of
loans shall, if a relatively huge loss is caused, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced
to a fine of not less than 10,000 yuan and not more than
100,000 yuan. If a major loss is caused, the offender shall
be sentenced to fixed-term imprisonment of not less than
five years, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan.

Whoever from the staff of a bank or other financial
institution violates the stipulations of a law or an
administrative regulation and issues a loan to another
person than his parties shall, if a major loss is caused, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced
to a fine of not less than 10,000 yuan and not more than
100,000 yuan. If an especially major loss is caused, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years, and concurrently be sentenced to a
fine of not less than 20,000 yuan and not more than 200,000
yuan.

If a unit commits any crime mentioned in the preceding two
paragraphs, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions of the preceding two paragraphs.

The range of parties shall be defined according to the
Commercial Bank Law of the People’s Republic of China and
relevant financial regulations.

Article 187 Whoever from the staff of a bank or other
financial institution, for the purpose of making profits and
by the means of absorbing the funds of clients without
entering into the account books, uses the funds for lending
or issuing loans shall, if a major loss is caused, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced
to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If an especially major loss is caused, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years, and concurrently be sentenced to a
fine of not less than 50,000 yuan and not more than 500,000
yuan.

Article 188 Whoever from the staff of a bank or other
financial institution violates stipulations and offers
others a letter of credit or other certificates of
guarantee, negotiable instruments, certificates of deposit
or certificates of credit status shall, if a relatively huge
loss is caused, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If a major
loss is caused, the offender shall be sentenced to
fixed-term imprisonment of not less than five years.

Article 189 Whoever from the staff of a bank or other
financial institution, in the course of business activities
of negotiable instruments, accepts, pays for or guarantees
the negotiable instruments that do not conform to the
Negotiable Instruments Law shall, if a major loss is caused,
be sentenced to fixed-term imprisonment of not more than
five years or criminal detention. If an especially major
loss is caused, the offender shall be sentenced to
fixed-term imprisonment of not less than five years.

Article 190 Any state-owned company, enterprise or other
state-owned unit who violates the state’s stipulations and
deposits foreign exchange outside China without
authorization or illegally transfers foreign exchange from
China to the outside shall, if the circumstances are
serious, be sentenced to a fine, and persons directly in
charge and other persons directly responsible for the crime
shall be concurrently sentenced to fixed-term imprisonment
of not more than five years or criminal detention.

Article 191 Whoever conducts any of the following acts
clearly knowing that the money is unlawful earnings and
their profits obtained from drug-related crimes, crimes
committed by groups in the nature of criminal syndicates or
crimes of smuggling, and for the purpose of covering up or
concealing its source and nature shall, with the unlawful
earnings obtained from the crimes above-mentioned and their
profits confiscated, be sentenced to fixed-term imprisonment
of not more than five years, and concurrently or
independently be sentenced to a fine of not less than 5% of
the sum of money laundered and not more than 20% of the sum.
If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years and not more than ten years, and concurrently be
sentenced to a fine of not less than 5% of the sum of money
laundered and not more than 20% of the sum:

(1) providing funds accounts;

(2) assisting in transforming the property into cash or
financial bills; ? (3) assisting in transferring funds by
means of transferring accounts or other means of settling
accounts;

(4) assisting in remitting funds to any place outside
China; or

(5) by other means covering up or concealing the source and
nature of unlawful earnings from crimes and profits thereof.

Section 5 Crimes of Financial Fraud

Article 192 Whoever collects capital illegally by means of
swindling for the purpose of illegal possession shall, if
the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.
If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine
of not less than 50,000 yuan and not more than 500,000 yuan.
If the amount involved is especially huge or other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than
500,000 yuan or confiscation of property.

Article 193 Any of the following categories of persons who,
for the purpose of illegal possession, swindles a loan of a
bank or other financial institution shall, if the amount
involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is huge or other serious circumstances
exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine of not
less than 50,000 yuan and not more than 500,000 yuan. If the
amount involved is especially huge or other especially
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine
of not less than 50,000 yuan and not more than 500,000 yuan
or confiscation of property:

(1) those who fabricate false reasons such as introduction
of funds or projects;

(2) those who use false economic contracts;

(3) those who use false documents of certification;

(4) those who use false property certificates as guarantee
or guarantee repeatedly by exceeding the value of security;
or

(5) those who swindle loans by other means.

Article 194 Any of the following categories of persons who
conducts swindling activities of financial bills shall, if
the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.
If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine
of not less than 50,000 yuan and not more than 500,000 yuan.
If the amount involved is especially huge or other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than
500,000 yuan or confiscation of property:

(1) those who knowingly use forged or altered promissory
bills, notes of exchange or checks;

(2) those who knowingly use invalid promissory bills, notes
of exchange or checks;

(3) those who falsely use other’s promissory bills, notes
of exchange or checks as their own;

(4) those who issue bounced checks or checks on which
signatures are inconsistent with their reserved ones to
defraud property; or

(5) those drawers of promissory bills or notes of exchange
who issue the promissory bills or notes of exchange without
security of funds or produce a false record on the bills or
notes to defraud property.

Whoever uses forged or altered other bank settlement
receipts such as commission collection receipts, remittance
receipts and bank deposit receipts shall be punished
according to the provisions of the preceding paragraph.

Article 195 Any of the following categories of persons who
conducts swindling activities of letters of credit shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced
to a fine of not less than 20,000 yuan and not more than
200,000 yuan. If the amount involved is huge or other
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and
not more than ten years, and concurrently be sentenced to a
fine of not less than 50,000 yuan and not more than 500,000
yuan. If the amount involved is especially huge or other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than
500,000 yuan or confiscation of property:

(1) those who use forged or altered letters of credit or
attached notes or documents;

(2) those who use invalid letters of credit;

(3) those who defraud letters of credit; or

(4) those who conduct swindling activities of letters of
credit by other means.

Article 196 Any of the following categories of persons who
conducts swindling activities of credit cards shall, if the
amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.
If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine
of not less than 50,000 yuan and not more than 500,000 yuan.
If the amount involved is especially huge and other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than
500,000 yuan or confiscation of property:

(1) those who use forged credit cards;

(2) those who use invalid credit cards;

(3) those who falsely use other’s credit cards as their
own; or

(4) those who overdraw through malice.

“To overdraw through malice” mentioned in the preceding
paragraph refers to an act that a card holder overdraws by
exceeding the sum limit or time limit as prescribed for the
purpose of illegal possession and fails to return the money
after the bank which issued the card urges him to pay it.

Whoever steals and uses a credit card shall be decided a
crime and punished according to the provisions of Article
264 of this Law.

Article 197 Whoever uses forged or altered treasury bills
or other securities issued by the state to conduct swindling
activities shall, if the amount involved is relatively huge,
be sentenced to fixed-term imprisonment of not more than
five years or criminal detention, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not
more than 200,000 yuan. If the amount involved is huge or
other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan. If the amount involved is especially
huge or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of
property.

Article 198 Any of the following categories of persons who
conducts swindling activities of insurance shall, if the
amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine
of not less than 10,000 yuan and not more than 100,000 yuan.
If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.
If the amount involved is especially huge and other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years, and concurrently be sentenced to a fine of not less
than 20,000 yuan and not more than 200,000 yuan or
confiscation of property:

(1) those insurance policy holders who intentionally
fabricate the object of insurance to defraud the insurance
money;

(2) those insurance policy holders, insurants or
beneficiaries who fabricate false reasons for or exaggerate
the degree of loss on an insurance accident which has
happened to defraud the insurance money;

(3) those insurance policy holders, insurants or
beneficiaries who fabricate an insurance accident which
never happens to defraud the insurance money;

(4) those insurance policy holders or insurants who
intentionally cause an insurance accident with property loss
to defraud the insurance money; or

(5) those insurance policy holders or beneficiaries who
intentionally cause death, injury, disability or disease of
the insurants to defraud the insurance money.

Whoever commits any act listed in Item 4 or Item 5 of the
preceding paragraph which also constitutes another crime
shall be punished in accordance with the provisions
regarding combined punishment for several crimes.

If a unit commits any crime mentioned in the first
paragraph, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years. If the amount involved is especially
huge or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years.

Any expert witness, witness or property adjuster of an
insurance accident who intentionally provides false
documents of certification and provides conditions for
others to swindle shall be punished as an accomplice of
insurance swindling.

Article 199 Whoever commits a crime mentioned in Article
192, Article 194 or Article 195 of this Section shall, if
the amount involved is especially huge and an especially
heavy loss of the interests of the state and the people is
caused, be sentenced to life imprisonment or death, and
concurrently be sentenced to confiscation of property.

Article 200 If a unit commits a crime mentioned in Article
192, Article 194 or Article 195 of this Section, the unit
shall be sentenced to a fine, and the persons directly in
charge and other persons directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention. If the amount
involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years. If the
amount involved is especially huge or other especially
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment.

Section 6 Crimes of Endangering Taxes Collection and
Administration

Article 201 Any taxpayer who fails to pay, or underpays the
amount of tax payable by means of forging, altering,
concealing, or destroying accounting books or vouchers for
the accounts without authorization, or overstating expenses,
or omitting or understating incomes in accounting books, or
refusing to fill a tax declaration after notification by the
tax authorities, or filling a false tax declaration shall,
if the amount of tax evaded accounts for not less than 10%
of the amount of tax payable and not more than 30% of the
sum and the amount of tax evaded is not less than 10,000
yuan and not more than 100,000 yuan, or if he commits tax
evasion again after having been twice subjected to
administrative sanctions by the tax authorities for tax
evasion, shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and
concurrently be sentenced to a fine of not less than the
amount of tax evaded and not more than five times the sum.
If the amount of tax evaded accounts for not less than 30%
of the amount of tax payable and the amount of tax evaded is
not less than 100,000 yuan, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to
a fine of not less than the amount of tax evaded and not
more than five times of the sum.

Any withholding agent who, by means specified in the
preceding paragraph, fails to pay, or underpays the tax
which has been withheld or collected shall, if the amount
involved accounts for not less than 10% of the amount of tax
payable and is not less than 10,000 yuan, be punished
according to the provisions of the preceding paragraph.

Whoever has repeatedly committed any act mentioned in the
preceding two paragraphs without having been subjected to
punishment shall be punished on the basis of the accumulated
amount.

Article 202 Whoever refuses to pay tax with resort to
violence or threat shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently be sentenced to a fine of not
less than the amount of tax he has refused to pay and not
more than five times of the sum. If the circumstances are
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years, and concurrently be sentenced to a fine of not
less than the amount of tax he has refused to pay and not
more than five times of the sum.

Article 203 Where any taxpayer who has not paid the tax due
adopts the means of transferring or concealing his property,
thus resulting in the tax authorities’ inability to pursue
the payment of tax in arrears, he shall, if the amount
involved is not less than 10,000 yuan and not more than
100,000 yuan, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not
less than the amount of tax in arrears and not more than
five times of the sum. If the amount involved is not less
than 100,000 yuan, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a
fine of not less than the amount of tax in arrears and not
more than five times of the sum.

Article 204 Whoever obtains fraudulently from the state a
tax refund for exports by filling a false export declaration
or other deceptive means shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and
concurrently be sentenced to a fine of not less than the
amount of the tax refund which has been fraudulently
obtained and not more than five times of the sum. If the
amount involved is huge or other serious circumstances
exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine of not
less than the amount of the tax refund which has been
fraudulently obtained and not more than five times of the
sum. If the amount involved is especially huge and other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine of not less than the amount of the tax refund which
has been fraudulently obtained and not more than five times
of the sum or confiscation of property.

Any taxpayer who obtains fraudulently the tax he has paid
by deceptive means mentioned in the preceding paragraph
shall be decided a crime and punished according to the
provisions of Article 201 of this Law. The part that the
amount of the tax which has been fraudulently obtained
exceeds the tax he has paid shall be handled according to
the provisions of the preceding paragraph.

Article 205 Whoever falsely fills out value-added tax
invoices or falsely fills out other kinds of invoices used
for obtaining fraudulently tax refunds on exported items or
tax deduction shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention, and
concurrently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan. If the amount involved
in the falsification of the invoices is relatively huge or
other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan. If the amount involved in the
falsification of the invoices is huge or other especially
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine
of not less than 50,000 yuan and not more than 500,000 yuan
or confiscation of property.

Whoever commits an act mentioned in the preceding paragraph
and obtains fraudulently tax from the state shall, if the
amount involved is especially huge and the circumstances are
especially serious, and if the state has therefore suffered
especially great losses, be sentenced to life imprisonment
or death, and concurrently be sentenced to confiscation of
property.

If a unit commits a crime mentioned in this Article, the
unit shall be sentenced to a fine, and persons directly in
charge and other persons directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention. If the amount
involved in the falsification of the invoices is relatively
huge or other serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If the amount
involved in the falsification of the invoices is huge or
other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment.

“To falsely fill out value-added tax invoices or falsely
fill out other kinds of invoices used for obtaining
fraudulently tax refunds on exported items or tax
deduction” refers to any action involving falsely filling
out the invoices for oneself or for any other person,
allowing any other person to falsely fill out the invoices
for oneself, or introducing any other person to the action
of falsely filling out the invoices.

Article 206 Whoever counterfeits value-added tax invoices
or sells counterfeited value-added tax invoices shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and
concurrently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan. If the amount involved
is relatively huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved
is huge or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of
property.

Whoever counterfeits and sells counterfeited value-added
tax invoices shall, if the amount involved is especially
huge, the circumstances are especially serious and the
economic order has been thereby undermined seriously, be
sentenced to life imprisonment or death, and concurrently be
sentenced to confiscation of property.

If a unit commits a crime mentioned in this Article, the
unit shall be sentenced to a fine, and persons directly in
charge and other persons directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.
If the amount involved is relatively huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years. If the amount involved is huge or other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment.

Article 207 Whoever illegally sells value-added tax
invoices shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is relatively huge, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan. If the amount involved is huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of
property.

Article 208 Whoever illegally purchases value-added tax
invoices or purchases counterfeited value-added tax invoices
shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan.

Whoever illegally purchases value-added tax invoices or
purchases counterfeited value-added tax invoices and then
falsely fills out or sells such invoices shall be decided a
crime and punished according to the provisions of Article
205, Article 206 or Article 207 of this Law.

Article 209 Whoever counterfeits or makes without
authorization other kinds of invoices which may be used for
obtaining fraudulently tax refunds on exported items or tax
deduction, or sells such invoices, shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine of not less than 20,000 yuan and not
more than 200,000 yuan. If the amount involved is huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved
is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years, and
concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of
property.

Whoever counterfeits or makes without authorization any
other kinds of invoices than those mentioned in the
preceding paragraph or sells such invoices shall be
sentenced to fixed-term imprisonment of not more than two
years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine of not
less than 10,000 yuan and not more than 50,000 yuan. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than two years and
not more than seven years, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than
500,000 yuan.

Whoever illegally sells any other kinds of invoices which
may be used for obtaining fraudulently tax refunds on
exported items or tax deduction shall be punished according
to the provisions of the first paragraph.

Whoever illegally sells any other kinds of invoices than
those mentioned in the third paragraph shall be punished
according to the provisions of the second paragraph.

Article 210 Whoever steals value-added tax invoices or any
other kinds of invoices which may be used for obtaining
fraudulently tax refunds on exported items or tax deduction
shall be decided a crime and punished according to the
provisions of Article 264 of this Law.

Whoever obtains value-added tax invoices or any other kinds
of invoices which may be used for obtaining fraudulently tax
refunds or tax deduction through deceptive means shall be
decided a crime and punished according to the provisions of
Article 266 of this Law.

Article 211 If a unit commits any crime mentioned in
Article 201, Article 203, Article 204, Article 207, Article
208 or Article 209 of this Section, the unit shall be
sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be
punished according to the respective provisions of these
articles.

Article 212 If anyone commits any crime mentioned in from
Article 201 to Article 205 and is sentenced to a fine or
confiscation of property, he shall be pursued by the tax
authorities for the payment of tax or tax refunds which has
been obtained fraudulently before the execution of the
punishment above-mentioned.

Section 7 Crimes of Infringing upon Intellectual Property
Rights

Article 213 Whoever uses a trademark identical with another
person’s registered trademark on the same kind of goods
without permission from the owner of the registered
trademark shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention, and concurrently or
independently be sentenced to a fine. If the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a
fine.

Article 214 Whoever knowingly sells goods bearing
counterfeited registered trademarks shall, if the sum
obtained through sale is relatively huge, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine. If the sum obtained through sale is
huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years, and concurrently be sentenced to a fine.

Article 215 Whoever forges or makes without authorization
representations of registered trademarks of another person
or sells representations of registered trademarks which are
forged or made without authorization shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or
independently be sentenced to a fine. If the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a
fine.

Article 216 Whoever forges another person’s patent shall,
if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine.

Article 217 Any of the following categories of persons who
infringes upon copyright for the purpose of reaping profits
shall, if the amount of illegal gains is relatively huge or
other serious circumstances exist, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine. If the amount of illegal gains is huge
or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine:

(1) reproducing and distributing, without the permission of
the copyright owner, his written works, musical works,
cinematic works, television works, video works, computer
software and other works;

(2) publishing a book of which another person has the
exclusive publishing right;

(3) reproducing and distributing, without the permission of
the phonogram or videogram producer, the phonogram or
videogram produced by him; or

(4) producing and selling a work of art bearing the forged
signature of another person.

Article 218 Whoever sells, for the purpose of reaping
profits, those which he well knows are infringing
reproductions specified in Article 217 of this Law shall, if
the amount of his illegal gains is huge, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine.

Article 219 Any of the following categories of persons who
infringes upon commercial secrets shall, if the offence
causes another person who enjoys the rights of the
commercial secrets to suffer heavy losses, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine. If the offence causes especially
serious consequences, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a
fine:

(1) acquiring commercial secrets of another person who
enjoys the rights by stealing, lure, force or other improper
means; ? (2) revealing, using or permitting other persons
to use the commercial secrets of another person who enjoys
the rights of the secrets by means specified in the
preceding paragraph; or

(3) revealing, using or permitting other persons to use
another person’s commercial secrets which are held by him
contrary to his promise or to the demands by the person who
enjoys the rights involving protection of the commercial
secrets.

Whoever acquires, uses or reveals another person’s
commercial secrets knowing well or oughting to know the acts
listed in the preceding paragraph shall be punished as an
act of infringement upon commercial secrets.

“Commercial secrets” mentioned in this Article refers to
the practical technical information and management
information which is unknown by the public, can bring
economic profits to the person who enjoys the rights, and
the person who enjoys the rights has taken classified
measures.

“The person who enjoys the rights” mentioned in this
Article refers to the owner of a commercial secret or user
of a commercial secret who is permitted by the owner of the
commercial secret.

Article 220 If a unit commits any crime mentioned in from
Article 213 to Article 219 of this Section, the unit shall
be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be
punished according to the respective provisions of these
articles.

Section 8 Crimes of Disturbing Market Order

Article 221 Whoever fabricates and disseminates false facts
to impair another person’s commercial reputation or
merchandise prestige shall, if a heavy loss of another
person is caused or other serious circumstances exist, be
sentenced to fixed-term imprisonment of not more than two
years or criminal detention, and concurrently or
independently be sentenced to a fine.

Article 222 Any advertiser, advertising operator or
advertising releaser takes advantage of advertisements to
conduct false propaganda on merchandise or service in
violation of the state’s stipulations shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than two years or criminal
detention, and concurrently or independently be sentenced to
a fine.

Article 223 Any bidder who informs mutually the quoted
price of a bid in collaboration to harm the interests of the
bid inviter or another bidder shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention, and
concurrently or independently be sentenced to a fine.

Any bidder and bid inviter who act in collaboration in
bidding and harm the legal interests of the state,
collective or citizen shall be punished according to the
provisions of the preceding paragraph.

Article 224 Any of the following categories of persons who,
in the course of signing or fulfiling contracts and for the
purpose of illegal possession, obtains fraudulently property
of the other party shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine. If the
amount involved is huge or other serious circumstances
exist, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years, and concurrently be sentenced to a fine. If the
amount involved is especially huge or other especially
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine
or confiscation of property:

(1) those who sign contracts in the name of a false unit or
another person;

(2) those who use forged, altered or invalid bills or other
false certificates of property rights as guarantee;

(3) those who are unable to fulfil contracts practically
but trap the other party to go on signing or fulfiling
contracts by means of fulfiling in advance petty contracts
or fulfiling partly contracts;

(4) those who flee after receiving the goods, payment for
goods, payment in advance or guaranteed property; or

(5) those who obtain fraudulently property of the other
party by other means.

Article 225 Any of the following categories of persons who,
in violation of the state’s stipulations, engages in
illegal business activities and disturbs the market order
shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be
sentenced to a fine of not less than the amount of illegal
gains and not more than five times of the sum. If the
circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years, and concurrently be sentenced to a fine of not less
than the amount of illegal gains and not more than five
times of the sum or confiscation of property:

(1) without authorization, buying or selling monopolized
articles or other articles of exclusive sale as prescribed
by laws or regulations;

(2) buying or selling import or export licences, import or
export origin certificates or other business licences or
approval documents as prescribed by laws or regulations; or

(3) other illegal business activities which disturb
seriously the market order.

Article 226 Whoever, by means of violence or threat, buys
or sells goods, or forces others to provide or accept
service shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention, and concurrently or
independently be sentenced to a fine.

Article 227 Whoever counterfeits tickets for vehicles or
ships, postage stamps or other valuable tickets or resells
such tickets shall, if the amount involved is relatively
huge, be sentenced to fixed-term imprisonment of not more
than two years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine of
not less than the sum of the tickets and not more than five
times of the sum. If the amount involved is huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than two years and not more than seven years, and
concurrently be sentenced to a fine of not less than the sum
of the tickets and not more than five times of the sum.

Whoever resells tickets for vehicles or ships shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or
independently be sentenced to a fine of not less than the
sum of the tickets and not more than five times of the sum.

Article 228 Whoever, for the purpose of making profits and
in violation of laws or regulations on land administration,
illegally transfers or resells rights for land use shall, if
the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine of not less than 5% of the sum obtained through
transfer or sale of rights for land use and not more than
20% of the sum. If the circumstances are especially serious,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years,
and concurrently be sentenced to a fine of 5% of the sum
obtained through transfer or sale of rights for land use and
not more than 20% of the sum.

Article 229 Any person in an intermediary organization who
bears the duty such as evaluation of assets, examination of
assets, examination of certificates, accounting, auditing,
legal service, etc., but provides intentionally false
certificates shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced
to a fine.

Any person specified in the preceding paragraph who extorts
another person’s property or accepts illegally another
person’s property and commits a crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine.

Any person specified in the first paragraph who neglects
his duty seriously and provides certificates which are
seriously inconsistent with the facts shall, if serious
consequences have resulted, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine.

Article 230 Whoever, in violation of the Law on Import and
Export Commodity Inspection, evades commodity inspection and
without applying for inspection markets or uses import
commodities which are subject to the statutory inspection or
without applying for inspection and obtaining certificates
of inspection exports commodities which are subject to
statutory inspection shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or
independently be sentenced to a fine.

Article 231 If a unit commits any crime mentioned in from
Article 221 to Article 230 of this Section, the unit shall
be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be
punished according to the respective provisions of these
articles.

Chapter IV Crimes of Infringing upon the Rights
of the Person and the Democratic Rights of Citizens

Article 232 Whoever intentionally commits homicide shall be
sentenced to death, life imprisonment or fixed-term
imprisonment of not less than ten years; if the
circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.

Article 233 Whoever negligently causes death of another
person shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years. If the
circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than three
years. Where this Law has other provisions, such provisions
shall prevail.

Article 234 Whoever intentionally inflicts bodily injury
upon another person shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance.

Whoever, by committing the crime mentioned in the preceding
paragraph, causes severe bodily injury to another person
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If he causes a
person’s death or causes severe bodily injury resulting in
severe deformity to another person by especially cruel
means, he shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death. Where
this Law has other provisions, such provisions shall
prevail.

Article 235 Whoever negligently injures another person and
causes him severe bodily injury shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention. Where this Law has other provisions,
such provisions shall prevail.

Article 236 Whoever rapes a woman by force, threat or other
means shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years.

Whoever has sexual relations with a girl under the age of
14 shall be deemed to have committed rape and shall be given
a heavier punishment.

Any of the following categories of persons who rapes a
woman or has sexual relations with a girl shall be sentenced
to fixed-term imprisonment of not less than ten years, life
imprisonment or death:

(1) those who rape a woman or have sexual relations with a
girl with flagrant circumstances;

(2) those who rape several women or have sexual relations
with several girls;

(3) those who, in a public place, rape a woman in public;

(4) two or more persons who rape the same victim in
succession; or

(5) those who cause severe bodily injury or death of the
victim or cause other serious consequences.

Article 237 Whoever acts indecently towards or insults a
woman by force, threat or other means shall be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention.

Whoever, by means of gathering a crowd or in the public
place and in public, commits the crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than five years.

Whoever acts indecently towards a child shall be given a
heavier punishment according to the provisions of the
preceding two paragraphs.

Article 238 Whoever unlawfully detains another person or
deprives another person of his personal freedom shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or
deprivation of political rights. If circumstances of hitting
or insulting another person exist, the offender shall be
given a heavier punishment.

Whoever, by committing the crime mentioned in the preceding
paragraph, causes severe bodily injure to another person
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If he causes
death of another person, he shall be sentenced to fixed-term
imprisonment of not less than ten years. If another
person’s deformity or death is caused by violence, the
offender shall be decided a crime and punished according to
the provisions of Article 234 or Article 232 of this Law.

Whoever, for the purpose of extorting the payment of debts,
unlawfully distrains or detains another person shall be
punished according to the provisions of the preceding two
paragraphs.

Whoever from the staff of a state organ takes advantage of
his office to commit a crime mentioned in the preceding
three paragraphs shall be given a heavier punishment
according to the provisions of the preceding three
paragraphs.

Article 239 Whoever kidnaps another person for the purpose
of extorting money or kidnaps another person as hostage
shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment, and concurrently be
sentenced to a fine or confiscation of property. If the
offender causes death of the kidnapped person or kills the
kidnapped person, he shall be sentenced to death, and
concurrently be sentenced to confiscation of property.

Whoever steals an infant or a baby for the purpose of
extorting money shall be punished according to the
provisions of the preceding paragraph.

Article 240 Whoever abducts and traffics in a woman or a
child shall be sentenced to fixed-term imprisonment of not
less than five years and not more than ten years, and
concurrently be sentenced to a fine. Under any of the
following circumstances, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or
confiscation of property. If the circumstances are
especially serious, the offender shall be sentenced to
death, and concurrently be sentenced to confiscation of
property:

(1) being a ringleader of a group engaged in the abduction
of and trafficking in women or children;

(2) abducting and trafficking in three or more women and/or
children;

(3) raping the woman who is abducted and trafficked in;

(4) enticing or forcing the woman who is abducted and
trafficked in to engage in prostitution, or selling such
woman to any other person or persons who will force the
woman to engage in prostitution;

(5) for the purpose of selling the victim, kidnapping a
woman or a child by means of violence, threat or
anaesthesia;

(6) for the purpose of selling the victim, stealing an
infant or a baby;

(7) causing severe bodily injury or death or other serious
consequences of the woman or child who is abducted and
trafficked in or of their relatives; or

(8) selling a woman or a child out of the territory of
China.

“Abducting and trafficking in a woman or a child” refers
to any act of abducting, kidnapping, buying, trafficking in,
fetching or sending, or transferring a woman or a child for
the purpose of selling the victim.

Article 241 Whoever buys a woman or a child who is abducted
and trafficked in shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance.

Whoever buys a woman who is abducted and trafficked in and
has sexual relations with her against her will shall be
decided a crime and punished according to the provisions of
Article 236 of this Law.

Whoever buys a woman or a child who is abducted and
trafficked in and illegally deprives her/him of her/his
personal freedom or restricts her/his personal freedom or
commits any criminal act of injuring or insulting shall be
decided a crime and punished according to the relevant
provisions of this Law.

Whoever buys a woman or a child who is abducted and
trafficked in and commits any criminal act as prescribed in
the second or third paragraph shall be punished according
the provisions regarding combined punishment for several
crimes.

Whoever buys a woman or a child who is abducted and
trafficked in and sells the victim afterwards shall be
decided a crime and punished according to the provisions of
Article 240 of this Law.

Whoever, having bought a woman or a child who is abducted
and trafficked in, does not obstruct the woman from
returning to her original place of residence according to
her will, or does not maltreat the child nor obstruct his or
her rescue, may be exempted from being investigated for
criminal responsibility.

Article 242 Whoever obstructs by violence or threat state
functionaries from rescuing a woman or a child who has been
bought shall be decided a crime and punished according to
the provisions of Article 277 of this Law. ? Any ringleader
who obstructs, by means of gathering a crowd, state
functionaries from rescuing a woman or a child who has been
bought shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. Any other
participant who adopts the means of violence or threat shall
be punished according to the provisions of the preceding
paragraph.

Article 243 Whoever fabricates facts to implicate another
person on false charges in order that another person is
prosecuted as a criminal shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.
If serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.

Any state functionary who commits a crime mentioned in the
preceding paragraph shall be given a heavier punishment.

Where it is not a case of intentional false accusation but
rather a case of mistaken complaint or unsubstantiated
accusation, the provisions of the preceding two paragraphs
shall not apply.

Article 244 If any employing unit, in violation of laws or
regulations on labour administration, forces employees to
work by means of deprivation of personal freedom, and if the
circumstances are serious, persons directly responsible for
the crime shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine.

Article 245 Whoever unlawfully subjects another person to a
bodily search or a search of his residence or unlawfully
intrudes into another person’s residence shall be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention.

Any judicial functionary who exercises his power unproperly
and commits a crime mentioned in the preceding paragraph
shall be given a heavier punishment.

Article 246 Whoever, by means of violence or by other
means, insults in public another person or fabricates facts
to slander another person shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or
deprivation of political rights.

The crime mentioned in the preceding paragraph shall be
handled only upon complaint, except where serious harm has
been done to the public order and to the interests of the
state.

Article 247 Any judicial functionary who extorts by torture
a confession from a suspect of crime or a defendant or
extorts, by means of violence, testimony from a witness
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention. If another person’s
deformity or death is caused, the offender shall be given a
heavier punishment according to the provisions of Article
234 or Article 232 of this Law.

Article 248 Whoever from the supervising or administering
persons of a supervising or administering organ such as a
prison, bridewell or house of detention subjects prisoners
or internees to battery or corporal punishment shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years. If
deformity or death of another person is caused, the offender
shall be decided a crime and given a heavier punishment
according to the provisions of Article 234 or Article 232 of
this Law.

Any supervising or administering person who instigates
prisoners or internees to subject other prisoners or
internees to battery or corporal punishment shall be
punished according to the provisions of the preceding
paragraph.

Article 249 Whoever incites national hatred or national
discrimination shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or
deprivation of political rights. If the circumstances are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years.

Article 250 If a publication carries contents involving
discriminating or insulting minority nationalities, persons
directly responsible for the crime shall, if the
circumstances are flagrant and serious consequences are
caused, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.

Article 251 Any state functionary who unlawfully deprives a
citizen of his freedom of religious belief or infringes upon
the customs and habits of minority nationalities shall, if
the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than two years or criminal
detention.

Article 252 Whoever conceals, destroys or unlawfully opens
another person’s letters, infringing upon the citizen’s
right to freedom of correspondence shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than one year or criminal
detention.

Article 253 Any postal worker who opens, conceals or
destroys mails or telegrams without authorization shall be
sentenced to fixed-term imprisonment of not more than two
years or criminal detention.

Whoever steals property while committing the crime
mentioned in the preceding paragraph shall be decided a
crime and given a heavier punishment according to the
provisions of Article 264 of this Law.

Article 254 Any state functionary who abuses his power,
using his public offices for private gain, in order to
retaliate against or frame complainants, petitioners,
critics or accusers or incriminate them on false charges
shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention. If the circumstances
are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than two years and more than seven
years.

Article 255 Any leader of a company, an enterprise,
institution, organ or a public organization attacks or
retaliates against accountants or statisticians who perform
duties according to law and refuse the acts which are
contrary to the Accounting Law or Statistics Law shall, if
the circumstances are flagrant, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Article 256 Whoever, in the course of electing the
representatives of people’s congresses at various levels or
leading persons of state organs, undermines the election or
prevents the voters or representatives from exercising their
rights of electing or standing for election by means of
violence, threat, deception, bribe, counterfeiting electing
documents or reporting falsely votes shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or deprivation of political rights.

Article 257 Whoever forcibly interferes with another
person’s freedom of marriage shall be sentenced to
fixed-term imprisonment of not more than two years or
criminal detention.

If anyone committing the crime mentioned in the preceding
paragraph causes his victim’s death, he shall be sentenced
to fixed-term imprisonment of not less than two years and
not more than seven years. ? The crime mentioned in the
first paragraph of this Article shall be handled only upon
complaint.

Article 258 Whoever has a spouse and commits bigamy or
whoever marries another person while clearly knowing that
the other has a spouse shall be sentenced to fixed-term
imprisonment of not more than two years or criminal
detention.

Article 259 Whoever cohabits with or marries a person while
clearly knowing that the person is the spouse of a member of
the armed forces in active service shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention.

Whoever takes advantage of his office or subordinate
relation and has sexual relation, by means of threat, with
the wife of a member of the armed forces in active service
shall be decided a crime and punished according to the
provisions of Article 236 of this Law.

Article 260 Whoever maltreats a member of his family shall,
if the circumstances are flagrant, be sentenced to
fixed-term imprisonment of not more than two years, criminal
detention or public surveillance.

If anyone committing the crime mentioned in the preceding
paragraph causes serious injury or death to the victim, he
shall be sentenced to fixed-term imprisonment of not less
than two years and not more than seven years.

The crime mentioned in the first paragraph of this Article
shall be handled only upon complaint.

Article 261 Whoever refuses his proper duty to support an
aged person, minor, sick person or any other person who can
not live independently shall, if the circumstances are
flagrant, be sentenced to fixed-term imprisonment of not
more than five years, criminal detention or public
surveillance.

Article 262 Whoever abducts a boy or girl under the age of
14, thereby cutting the child off from his family or
guardian, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.

Chapter V Crimes of Property Violation

Article 263 Whoever takes public or private property by
force, threat or other methods shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years, and concurrently be sentenced to a
fine. Whoever commits any of the following acts shall be
sentenced to fixed-term imprisonment of not less than ten
years, life imprisonment or death, and concurrently be
sentenced to a fine or confiscation of property:

(1) entering a house owned by others and committing
robbery;

(2) committing robbery in a means of public transport;

(3) robbing a bank or other financial institution;

(4) committing robbery for several times or committing
robbery in which the offender obtains a large amount of
property;

(5) causing serious injury or death to another person while
committing robbery;

(6) committing robbery by passing himself off as a
servicemen or a policeman;

(7) holding a gun to commit robbery; or

(8) robbing military supplies or goods and materials that
are allocated for emergencies, disaster relief or social
relief.

Article 264 Whoever steals a relatively large amount of
public or private property or steals property for several
times shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced
to a fine. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years, and concurrently be sentenced to a
fine. If the amount involved is especially huge or other
especially serious circumstances exist, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine or confiscation of property. Whoever commits any of
the following acts shall be sentenced to life imprisonment
or death, and concurrently be sentenced to confiscation of
property:

(1) stealing property from a financial institution, and
obtaining a especially huge amount of property; or

(2) stealing rare and precious cultural relics with serious
circumstances.

Article 265 Whoever, for the purpose of making profits,
connects secretly with communication lines of another person
or duplicates telecommunication codes of another person or,
uses the telecommunication equipment or facilities while
clearly knowing that they are connected secretly or
duplicated shall be decided a crime and punished according
to the provisions of Article 264 of this Law.

Article 266 Whoever swindles a relatively huge amount of
public or private property shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or
independently be sentenced to a fine. If the amount involved
is huge or other serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and
concurrently be sentenced to a fine. If the amount involved
is especially huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or
confiscation of property. Where this Law has other
provisions, such provisions shall prevail.

Article 267 Whoever seizes forcibly a relatively huge
amount of public or private property shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine. If the amount
involved is huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and
concurrently be sentenced to a fine. If the amount involved
is especially huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or
confiscation of property.

Whoever holds lethal weapons to seize forcibly property
shall be decided a crime and punished according to the
provisions of Article 263 of this Law.

Article 268 Any ringleader or other active participant who
gets together a crowd to commit open plunder of public or
private property shall, if the amount involved is relatively
huge or other serious circumstances exist, be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine. If the amount involved is huge or
other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years, and
concurrently be sentenced to a fine.

Article 269 If anyone commits a crime of theft, fraud or
forcible seizure and uses or threatens to use violence on
the spot in order to conceal booty, resist detention or
arrest or destroy criminal evidence, he shall be decided a
crime and punished according to the provisions of Article
263 of this Law.

Article 270 Whoever illegally takes possession of another
person’s property which is taken care of by him for the
person shall, if the amount involved is relatively huge and
the offender refuses to return it, be sentenced to
fixed-term imprisonment of not more than two years, criminal
detention or a fine. If the amount involved is huge or other
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than two years and
not more than five years, and concurrently be sentenced to a
fine.

Whoever illegally takes possession of property which is
lost or buried underground by another person shall, if the
amount involved is relatively huge and the offender refuses
to return it, be punished according to the provisions of the
preceding paragraph.

The crime mentioned in this Article shall be handled only
upon complaint.

Article 271 Whoever from the staff of a company, an
enterprise or other unit takes advantage of his office to
illegally take possession of property of his unit shall, if
the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention. If the amount involved is huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years, and may concurrently be sentenced
to confiscation of property.

If anyone from the staff of a state-owned company,
enterprise or other unit who performs public service or from
the persons who are appointed and sent by a state-owned
company, enterprise or other unit to a non-state-owned
company, enterprise or other unit to perform public service
commits an act mentioned in the preceding paragraph, he
shall be decided a crime and punished according to the
provisions of Article 382 or Article 383 of this Law.

Article 272 Whoever from the staff of a company, enterprise
or other unit takes advantage of his office to
misappropriate his unit’s funds for himself or to lend them
to others shall, if the amount involved is relatively huge
and the offender fails to return them within three months
or, if the funds are returned within three months, but the
amount involved is relatively huge and the money is used for
profit-making activities or illegal activities, be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention. If the offender misappropriates a huge
amount of funds of his unit, or fails to return them though
the amount involved is relatively huge, he shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.

If anyone from the staff of a state-owned company,
enterprise or other unit who performs public service or from
the persons who are appointed and sent by a state-owned
company, enterprise or other unit to a non-state-owned
company, enterprise or other unit to perform public service
commits an act mentioned in the preceding paragraph shall be
decided a crime and punished according to the provisions of
Article 384 of this Law.

Article 273 Anyone directly responsible for the act of
misappropriation of funds or articles which are allocated
for disaster relief, emergencies, flood-control, care to
disabled servicemen and families of revolutionary martyrs
and servicemen, care to the poor, resettlement of residents
or social relief shall, if the circumstances are serious and
major harm to the interests of the state and the people has
resulted, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If the
circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.

Article 274 Whoever extorts money or other public or
private property by blackmail shall, if the amount involved
is relatively huge, be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public
surveillance. If the amount involved is huge or other
serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years.

Article 275 Whoever intentionally destroys public or
private property shall, if the amount involved is relatively
huge or other serious circumstances exist, be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or a fine. If the amount involved is huge
or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.

Article 276 Whoever, for purpose of retaliation or from
spite or other personal motives, destroys machinery or
equipment, cruelly injures or slaughters draught animals or
uses other means to sabotage production or business
operations, shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public
surveillance. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.

Chapter VI Crimes of Obstructing the Administration of
Public Order

Section 1 Crimes of Disturbing the Public Order

Article 277 Whoever, by means of force or threat, obstructs
a state functionary from carrying out his functions
according to law shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention, public surveillance or a fine.

Whoever, by means of force or threat, obstructs a
representative of the National People’s Congress or local
people’s congresses at various levels from carrying out his
functions according to law shall be punished according to
the provisions of the preceding paragraph.

Whoever, during a natural disaster or unexpected incident,
by means of force or threat, obstructs any person from the
staff of the Red Cross from carrying out his functions
according to law shall be punished according to the
provisions of the first paragraph.

Whoever intentionally obstructs a state security organ or a
public security organ from carrying out the tasks of state
security without resorting to force or threat shall, if
serious consequences are caused, be punished according to
the provisions of the first paragraph.

Article 278 Whoever incites the masses to resist
enforcement of state’s laws or administrative regulations
shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or
deprivation of political rights. If serious consequences are
caused, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 279 Whoever poses as a state functionary in order
to practise fraud shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political
rights. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.

Whoever poses as a people’s policeman in order to practise
fraud shall be given a heavier punishment according to the
provisions of the preceding paragraph.

Article 280 Whoever forges, alters, buys or sells, steals,
forcibly seizes or destroys the official documents,
certificates or seals of a state organ shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of
political rights. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years.

Whoever forges seals of a company, enterprise, institution,
or people’s organization shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political
rights.

Whoever forges or alters identity cards of residents shall
be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or
deprivation of political rights. If the circumstances are
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 281 Whoever illegally produces, buys or sells
uniforms for the people’s police, licence plates for police
vehicles or other special-use signs or police equipment
shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine.

Article 282 Whoever, by means of stealing, prying or
buying, obtains illegally state secrets shall be sentenced
to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of
political rights. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.

Whoever illegally holds documents, materials or other
articles involving state most confidential or classified
information and refuses to explain their sources and uses
shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.

Article 283 Whoever illegally produces or sells spy
apparatus for special use of wiretapping or photographing
secretly shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public
surveillance.

Article 284 Whoever illegally uses apparatus for special
use of wiretapping or photographing secretly shall, if
serious consequences are caused, be sentenced to fixed-term
imprisonment of not more than two years, criminal detention
or public surveillance.

Article 285 Whoever, in violation of state’s stipulations,
invades a computer information system involving the fields
of state affairs, national defence construction or most
advanced science and technology shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention.

Article 286 Whoever, in violation of state’s stipulations,
deletes, amends, adds or disturbs functions of a computer
information system and causes the computer information
system’s inability to work normally shall, if serious
consequences exist, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention. If
especially serious consequences exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years.

Whoever, in violation of state’s stipulations, conducts
operations of deletion, amendment or addition towards data
or application programmes which are stored, disposed of or
transmitted in a computer information system shall, if
serious consequences exist, be punished according to the
provisions of the preceding paragraph.

Whoever intentionally makes or disseminates computer virus
or other destructive programmes and affects the normal
operation of a computer information system shall, if serious
consequences exist, be punished according to the provisions
of the first paragraph.

Article 287 Whoever uses a computer to practise a financial
fraud, theft, embezzlement, misappropriation of public
money, to steal state secrets or to commit other crimes
shall be decided a crime and punished according to the
relevant provisions of this Law.

Article 288 Whoever, in violation of state’s stipulations,
without authorization establishes or uses a wireless radio
station, or without authorization occupies frequency and
refuses to stop his act after being ordered to stop and
disturbs the normal operation of wireless communication
shall, if serious consequences are caused, be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine.

Article 289 Whoever gathers a crowd for “beating, smashing
and looting” and causes deformity or death to another
person shall be decided a crime and punished according to
the provisions of Article 234 or Article 232 of this Law. If
articles of public or private property are destroyed or
forcibly taken, the ringleaders shall be decided a crime and
punished according to the provisions of Article 263 of this
Law, in addition to being ordered to provide restitution or
compensation.

Article 290 Where an assembled crowd disturbs public order,
if the circumstances are so serious that work, production,
business, education or scientific research cannot be
conducted and serious losses are caused, the ringleaders
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years, other active
participants shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public
surveillance or deprivation of political rights.

Where an assembled crowd assaults state organs and makes it
impossible for the organs to conduct their work and serious
losses are caused, the ringleaders shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years; other active participants shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention, public surveillance or
deprivation of political rights.

Article 291 Where an assembled crowd disturbs order at
stations, wharves, civil airports, marketplaces, public
parks, theatres, cinemas, exhibition halls, sports grounds
or other public places, or an assembled crowd blocks traffic
or undermines traffic order or resists or obstructs public
security administration personnel of the state from carrying
out their duties according to law, if the circumstances are
serious, the ringleaders shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention
or public surveillance.

Article 292 Where an assembled crowd engages in affrays,
the ringleaders and other active participants shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance. If any of
the following acts exists, the ringleaders and other active
participants shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years:

(1) gathering a crowd to engage in affrays for several
times;

(2) gathering a crowd to engage in affrays involving many
persons and on large scale and causing a flagrant social
influence;

(3) in public places or on main traffic roads, gathering a
crowd to engage in affrays and causing a serious disturbance
of social order; or

(4) gathering a crowd to engage in affrays with weapons.

Whoever gathers a crowd to engage in affrays and causes
serious injury or death to another person shall be decided a
crime and punished according to the provisions of Article
234 or Article 232 of this Law.

Article 293 Whoever commits any of the following acts of
creating disturbance and undermines social order shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention or public surveillance:

(1) beating another person at will and with flagrant
circumstances;

(2) pursuing, intercepting or abusing another person with
flagrant circumstances;

(3) extorting forcibly or at will, destroying or possessing
and using public or private property with serious
circumstances; or

(4) in public places, booing and hooting and making trouble
and causing serious disturbance of public places.

Article 294 Whoever organizes, leads and actively
participates in an organization of criminal syndicate which
conducts an organized activities of offences or crimes by
violence, threat or other means, plays the tyrant in a
locality, perpetrates all kinds of evils, bullies and
oppresses or cruelly injures or kills common people, and
seriously undermines the economic and social order shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, other participants shall
be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or
deprivation of political rights.

Whoever from the staff of an organization of criminal
syndicate abroad comes to the People’s Republic of China to
absorb members for his organization shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years.

Whoever commits any crime mentioned in the preceding two
paragraphs and commits another crime shall be punished
according to the provisions of combined punishment for
several crimes.

Whoever from the staff of state organs protects an
organization with characters of criminal syndicate or
connives at such an organization’s committing activities of
offences or crimes shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or deprivation of political rights; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years.

Article 295 Whoever passes on means of crime shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention or public surveillance. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years. If
the circumstances are especially serious, the offender shall
be sentenced to life imprisonment or death.

Article 296 In a case where no application has been made
for an assembly, a procession or a demonstration according
to law or no permission for the application has been granted
or where it is conducted not in accordance with the starting
and finishing time, places and routes permitted by the
competent authorities, while the order of dismission is
disobeyed and public order seriously undermined, persons in
charge of the assembly, procession or demonstration and
other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention, public surveillance or
deprivation of political rights.

Article 297 Whoever, in violation of the provisions of law,
participates in an assembly, a procession or a demonstration
carrying weapons, controlled cutting tools or explosives
shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention public surveillance or
deprivation of political rights.

Article 298 Whoever disturbs, breaks into or undermines by
other means an assembly, a procession or a demonstration
held in accordance with law and causes disturbance of public
order shall be sentenced to fixed-term imprisonment of not
more than five years, criminal detention, public
surveillance or deprivation of political rights.

Article 299 Whoever desecrates the National Flag or the
National Emblem of the People’s Republic of China by
publicly and wilfully burning, mutilating, scrawling on,
defiling, or trampling upon it shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of
political rights.

Article 300 Whoever organizes or uses superstitious sects
or secret societies or evil religious organizations, or uses
feudal superstition to undermine enforcement of the state’s
laws or administrative regulations shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than seven years.

Whoever organizes or uses superstitious sects or secret
societies or evil religious organizations, or uses feudal
superstition to deceive another person and causes death of
the person shall be punished according to the provisions of
the preceding paragraph.

Whoever organizes or uses superstitious sects or secret
societies or evil religious organizations, or uses feudal
superstition to rape a woman or defraud property shall be
decided a crime and punished respectively according to the
provisions of Article 236 and Article 266 of this Law.

Article 301 Where an assembled crowd commits licentious
activities, the ringleaders or other persons who participate
for several times shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention
or public surveillance.

Whoever lures a minor to join a crowd engaging in
licentious activities shall be given a heavier punishment
according to the provisions of the preceding paragraph.

Article 302 Whoever steals or insults a corpse shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance.

Article 303 Whoever, for the purpose of profit, assembles a
crowd to engage in gambling, establishes a place for
gambling or makes gambling his profession shall be sentenced
to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine.

Article 304 Any postal worker who neglects his duty
seriously and delays intentionally delivery of mails shall,
if the offence causes heavy losses to public property and
the interests of the state or the people, be sentenced to
fixed-term imprisonment of not more than two years or
criminal detention.

Section 2 Crimes of Impairing Judicial Activities

Article 305 If, in the course of criminal procedures, any
witness, expert witness, recorder or interpreter
intentionally gives false evidence or makes a false expert
evaluation, record or translation concerning circumstances
that bear an important relation to a case, in order to frame
another person or conceal criminal evidence, he shall be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 306 If, in the course of criminal procedures, any
defender or agent ad litem destroys or forges evidence,
assists the party concerned in destroying or forging
evidence, threatens or lures witnesses to, contrary to the
facts, change testimony or provide false evidence, he shall
be sentenced to fixed-term imprisonment of not more than
three years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Where the testimony or other evidence provided, produced or
cited by a defender or an agent ad litem is substantiated
but not forged intentionally, such a case shall not been
deemed as a crime of forgery of evidence.

Article 307 Whoever, by violence, threat, bribe or other
means, hinders a witness from providing evidence or incites
another person to provide false evidence shall be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.

Whoever assists a party concerned to destroy or forge
evidence shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

Any judicial functionary who commits a crime mentioned in
the preceding two paragraphs shall be given a heavier
punishment.

Article 308 Whoever carries on retaliatory attacks against
a witness shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than seven years.

Article 309 Whoever gathers a crowd to make trouble in or
assault a tribunal or beats a judicial functionary, disturbs
seriously the order of tribunal, shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or a fine.

Article 310 Whoever, while clearly knowing that another
person has committed a crime, provides a concealed place or
property for him, assists him in fleeing or provides false
evidence to protect him shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance; if the circumstances are
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years.

Conspirators to a crime mentioned in the preceding
paragraph shall be punished as for a joint crime.

Article 311 Whoever, while clearly knowing that another
person has committed a crime of espionage, and when a state
security organ inquires him about relevant circumstances and
collects relevant evidence from him, refuses to provide them
shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.

Article 312 Whoever, while clearly knowing that it is booty
obtained through a crime, conceals, transfers, purchases or
sells it for the criminal shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or
independently be sentenced to a fine.

Article 313 Whoever refuses to carry out legally effective
judgments or orders of people’s courts while he has ability
to do so shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or a fine.

Article 314 Whoever conceals, transfers, sells or
intentionally destroys the property that has been sealed up,
distrained or frozen by a judicial organ shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or a fine.

Article 315 Any criminal who commits any of the following
acts of undermining the supervising and administering order
after being held in custody according to law shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years:

(1) beating the persons in charge of supervision and
administration;

(2) organizing other persons under supervision and
administration to undermine order of supervision and
administration;

(3) gathering a crowd to make trouble, disturbing the
normal order of supervision and administration; or

(4) beating or corporally punishing, or inciting another
person to beat or corporally punish other prisoners or
internees.

Article 316 Any criminal, defendant or suspect for a crime
who escapes after being held in custody according to law
shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention.

Whoever seizes by force a criminal, defendant or suspect
for a crime who is escorted on the way shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than seven years.

Article 317 Any ringleader who organizes others to flee
from a prison or any active participant shall be sentenced
to fixed-term imprisonment of not less than five years, and
other participants shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention.

Any ringleader who flees from a prison by insurrection or
raids a prison by means of gathering a crowd and holding
tools or any active participant shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment; if the circumstances are especially serious,
the offender shall be sentenced to death; other participants
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years.

Section 3 Crimes of Impairing Regulations of National
Boundary (Borderline)

Article 318 Whoever organizes other persons to secretly
cross the national boundary (borderline) shall be sentenced
to fixed-term imprisonment of not less than two years and
not more than seven years, and concurrently be sentenced to
a fine. If anyone commits any of the following acts, he
shall be sentenced to fixed-term imprisonment of not less
than seven years or life imprisonment, and concurrently be
sentenced to a fine or confiscation of property:

(1) being a ringleader of a group which organizes other
persons to secretly cross the national boundary
(borderline);

(2) organizing other persons to secretly cross the national
boundary (borderline) for many times or organizing many
persons to secretly cross the national boundary
(borderline);

(3) causing severe bodily injury or death to the organized
persons;

(4) depriving or limiting the organized persons’ personal
freedom;

(5) resisting the inspection by means of force or threat;

(6) getting a huge amount of illegal income; or

(7) having other especially serious circumstances.

Whoever commits a crime mentioned in the preceding
paragraph and commits other criminal acts of killing,
injuring, raping or selling the organized persons, or
killing or injuring the inspectors shall be punished
according to the provisions of combined punishment for
several crimes.

Article 319 Whoever, in the name of labour export, foreign
trade or others, deceptively gets passports, visas or other
exit certificates for the use of organizing other persons to
secretly cross the national boundary (borderline) shall be
sentenced to fixed-term imprisonment of not more than three
years and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years and concurrently be sentenced to a
fine.

Article 320 Whoever provides other persons with forged or
altered passports, visas or other exit and entry
certificates, or sells passports, visas or other exit and
entry certificates shall be sentenced to fixed-term
imprisonment of not more than five years and concurrently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and concurrently be sentenced to a
fine.

Article 321 Whoever transports other persons to secretly
cross the national boundary (borderline) shall be sentenced
to fixed-term imprisonment of not more than five years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine. If anyone commits any of the
following acts, he shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine:

(1) transporting other persons for many times or
transporting many persons;

(2) using vessels, vehicles and other traffic means which
are lack of necessary safe conditions and it is sufficient
to cause severe consequences;

(3) getting a huge amount of illegal income; or

(4) having other especially serious circumstances.

Whoever causes severe bodily injury or death to the
transported person during the transportation, or resists the
inspection by means of violence or threat shall be sentenced
to fixed-term imprisonment of not less than seven years and
concurrently be sentenced to a fine.

Whoever commits any crime mentioned in the preceding two
paragraphs and commits other criminal acts of killing,
injuring, raping or selling the transported persons or
killing or injuring the inspectors shall be punished
according to the provisions of combined punishment for
several crimes.

Article 322 Whoever, in violation of laws and regulations
of national boundary (borderline), secretly crosses the
national boundary (borderline) shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not
more than one year, criminal detention or public
surveillance, and concurrently be sentenced to a fine.

Article 323 Whoever intentionally damages the boundary
tablets, boundary markers or permanent survey indicators
along the national border shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Section 4 Crimes of Impairing Regulations of Cultural
Relics

Article 324 Whoever intentionally damages precious cultural
relics under state protection or cultural relics of the
designated major sites to be protected at the national level
or of sites to be protected for their historical and
cultural value at the level of province shall be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years and
concurrently be sentenced to a fine.

Whoever intentionally damages historic sites or scenic
spots under state protection shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently or
independently be sentenced to a fine.

Whoever negligently damages precious cultural relics under
state protection or cultural relics of the designated major
sites to be protected at the national level or of sites to
be protected for their historical and cultural value at the
level of province shall, if serious consequences have
resulted, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.

Article 325 Whoever, in violation of laws and
administrative regulations on protection of cultural relics,
sells or denotes without authorization to foreigners
precious cultural relics in his collection which are
forbidden by the state from being exported shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and may concurrently be
sentenced to a fine.

Article 326 Whoever, for the purpose of profit, resells the
cultural relics which are forbidden by the state from being
sold or bought shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention and concurrently be sentenced to
a fine; if the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years and
concurrently be sentenced to a fine.

Article 327 Where a state-owned museum, library or other
unit, in violation of laws or administrative regulations on
protection of cultural relics, sells or denotes without
authorization cultural relics in collections protected by
the state to a non-state-owned unit or an individual, the
unit shall be sentenced to a fine, and persons directly in
charge and other persons directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.

Article 328 Whoever excavates and robs a site of ancient
culture or ancient tomb of historical, artistic or
scientific value shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years and concurrently be sentenced to a fine; if the
circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and
concurrently be sentenced to a fine. If anyone commits any
of the following acts, he shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment
or death, and concurrently be sentenced to a fine or
confiscation of property:

(1) excavating and robbing a site of ancient culture or
ancient tomb which is designated as major sites to protected
for their historical and cultural value at the national
level or at the provincial level;

(2) being the ringleader of a gang engaged in excavating
and robbing sites of ancient culture or ancient tombs;

(3) excavating and robbing sites of ancient culture or
ancient tombs for many times; or ? (4) excavating a site of
ancient culture or ancient tomb and robbing valuable
cultural relics therein, or causing serious damage to
valuable cultural relics therein.

Whoever excavates and robs fossils of ancient human being
or ancient spined animals of scientific value shall be
punished according to the provisions of the preceding
paragraph.

Article 329 Whoever seizes forcibly or steals state-owned
archives shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.

Whoever, in violation of the provisions of the Archives
Law, sells or transfers without authorization state-owned
archives shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

If anyone commits an act mentioned in the preceding two
paragraphs and the act concurrently constitutes another
crime mentioned in this Law, he shall be punished according
to the provisions with a heavier punishment.

Section 5 Crimes of Endangering Public Health

Article 330 Whoever, in violation of the provisions of the
Law on the Prevention and Treatment of Infectious Diseases,
commits any of the following acts and causes the spread or a
great risk of the spread of an A Class infectious disease
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the consequences
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years:

(1) failure on the part of a water supply unit to conform
to the hygienic standards for drinking water set by the
state;

(2) refusal to give disinfection treatment, according to
the sanitary requirements proposed by a health and
anti-epidemic agency, to sewage, wastes and feces
contaminated with the pathogen of infectious diseases;

(3) approving or conniving at the taking of jobs by
patients of infectious diseases, pathogen carriers or
suspected patients of infectious diseases which they are
prohibited from doing by the health administrative
department under the State Council because of the likelihood
of causing a spread of infectious diseases; or

(4) refusal to execute preventive and control measures
proposed by a health and anti-epidemic agency according to
the Law on Prevention and Treatment of Infectious Diseases.

If a unit commits any crime mentioned in the preceding
paragraph, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions of the preceding paragraph.

The range of A Class infectious diseases shall be defined
according to the Law of People’s Republic of China on
Prevention and Treatment of Infectious Diseases and relevant
provisions of the State Council.

Article 331 Any person engaged in the experimentation,
storage, carrying or transportation of bacterial strains and
virus strains of infectious diseases who, in violation of
the relevant provisions of the health administrative
department under the State Council, causes a spread of the
bacterial strains or virus strains of an infectious disease
shall, if serious consequences have resulted, be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention; if the consequences are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 332 Whoever, in violation of the provisions on
frontier health and quarantine, causes the spread or a great
risk of the spread of a quarantinable infectious disease
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or
independently be sentenced to a fine.

Article 333 Whoever organizes illegally other persons to
sell blood shall be sentenced to fixed-term imprisonment of
not more than five years and concurrently be sentenced to a
fine. Anyone who forces other persons by means of violence
or threat to sell blood shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine.

Whoever commits any crime mentioned in the preceding
paragraph and causes injury to others shall be decided a
crime and punished according to the provisions of Article
234 of this Law.

Article 334 Whoever illegally collects or provides blood
or, makes or provides blood product that does not conform to
the standard set by the state and is definitely harmful to
human health shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and
concurrently be sentenced to a fine; if great harm to human
health has been caused, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years and concurrently be sentenced to a fine;
if the consequences are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment, and concurrently be
sentenced to a fine or confiscation of property.

If a unit who collects or provides blood or makes or
provides blood product upon approval by the state’s
competent department does not conduct examinations according
to provisions or violates other operational provisions, and
thereby causes consequences of endangering another person’s
health, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention.

Article 335 Whoever from the medical staff, because of
serious negligence of his duties, causes death or serious
damage to the person who goes to see him shall be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention.

Article 336 Anyone who illegally makes a diagnosis or gives
treatment without a qualification for a doctor shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or
independently be sentenced to a fine. If great injury has
been caused to the patients’ health, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years and concurrently be
sentenced to a fine. If he causes the patients’ death, he
shall be sentenced to fixed-term imprisonment of not less
than ten years and concurrently be sentenced to a fine.

Anyone who, without a qualification for a doctor and
without authorization, conducts an operation of restoring
oviduct or spermatic duct after birth control measures have
been taken, an operation of false birth control or an
operation of ending gestation or, takes off utensils of
birth control in the womb shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine. If
he does great injury to the patient’s physical health, he
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years and
concurrently be sentenced to a fine. If he causes the
patients’ death, he shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be
sentenced to a fine.

Article 337 Whoever, in violation of the provisions of the
Law on the Entry and Exit Animal and Plant Quarantine,
escapes from animal and plant quarantine and thereby causes
epidemic situations of animal and plant shall be sentenced
to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine.

If a unit commits the crime mentioned in the preceding
paragraph, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions of the preceding paragraph.

Section 6 Crimes of Undermining Protection of Environmental
Resources

Article 338 Whoever, in violation of the state’s
stipulations, discharges, dumps or disposes radioactive
wastes, wastes of carrying infectious pathogens, poisonous
substances or other dangerous substances to land, water or
air, and causes a serious accident of environmental
pollution shall, if the offence causes serious consequences
of great losses of public or private property or bodily
injury or death of another person, be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be
sentenced to a fine; if the consequences are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years, and concurrently be sentenced to a fine.

Article 339 Whoever, in violation of the state’s
stipulations, dumps, piles up or disposes solid wastes
abroad inside China shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention and concurrently be sentenced to a fine. If the
offence causes a serious environmental pollution accident
and heavy losses to public or personal property or does
great injury to people’s health, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years and not more than ten years and concurrently be
sentenced to a fine. If the consequences are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be
sentenced to a fine.

Whoever takes the liberty to import solid wastes as raw
materials without approval by relevant departments under the
State Council and causes a serious environmental pollution
accident shall, if the offence causes heave losses to public
or personal property or causes great injury to people’s
physical health, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention and
concurrently be sentenced to a fine; if the consequences are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years and concurrently be sentenced to a fine.

Whoever in the name of utilizing raw materials imports
solid wastes that cannot be utilized as raw materials shall
be decided a crime and punished according to the provisions
of Article 155 of this law.

Article 340 Whoever, in violation of laws or administrative
regulations on the protection of aquatic resources, fishes
for aquatic products in an area where fishing is prohibited,
during a period when fishing is prohibited or using
implements or methods that are prohibited shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention, public surveillance or a fine.

Article 341 Whoever illegally catches or kills the species
of wildlife under special state protection which are rare or
near extinction, or illegally purchases, transports or sells
the species of wildlife under special state protection which
are rare or near extinction and their products shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention and concurrently be sentenced to
a fine; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years and concurrently be
sentenced to a fine; if the circumstances are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be
sentenced to a fine or confiscation of property.

Whoever, in violation of game laws or regulations, hunts in
a game reserve, during a period when hunting is prohibited
or using implements or methods that are prohibited, thereby
damaging wildlife resources shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or
a fine.

Article 342 Whoever, in violation of laws or regulations on
land administration, illegally occupies cultivated land and
uses it for other purpose shall, if the amount involved is
relatively huge and the offence causes serious damage to a
large amount of cultivated land, be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention, and concurrently or independently be sentenced to
a fine.

Article 343 Whoever, in violation of the provisions of the
Mineral Resources Law, mines without a mining licence,
enters without authorization and mines in mining areas that
the state has planned to develop, in mining areas with ores
of significant value to the national economy, or in other’s
mining areas, or exploits special kinds of minerals that the
state has prescribed for protective exploitation, and
refuses to stop mining after he is ordered to do so shall,
if the offence causes damage to mineral resources, be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine. If the
offence causes serious damage to mineral resources, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years and
concurrently be sentenced to a fine.

Whoever, in violation of the provisions of the Mineral
Resources Law, exploits mineral resources in a destructive
way and causes heavy damage to mineral resources shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced
to a fine.

Article 344 Whoever, in violation of the provisions of the
Forestry Law, illegally cuts down or destroys rare and
precious trees shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine; if
the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be
sentenced to a fine.

Article 345 Whoever illegally cuts down trees, bamboo, etc.
shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine; if the
amount involved is huge, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a
fine; if the amount involved is especially huge, the
offender shall be sentenced to fixed-term imprisonment of
not less than seven years and concurrently be sentenced to a
fine.

Whoever, in violation of the provisions of the Forestry
Law, denudes forests or other woodlands shall, if the amount
involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or
independently be sentenced to a fine; if the amount involved
is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years, and concurrently be sentenced to a fine.

Whoever, for the purpose of profit, illegally purchases
forest trees which are clearly known by him to be cut down
or denuded in forest areas shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine; if
the circumstances are especially serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years and concurrently
be sentenced to a fine.

Whoever illegally cuts down or denudes forests or other
woodlands in the nature reservation regions at the national
level shall be given a heavier punishment.

Article 346 If a unit commits any crime mentioned in the
provisions from Article 338 to Article 345 of this Section,
the unit shall be sentenced to a fine, and persons directly
in charge and other persons directly responsible for the
crime shall be punished according to the provisions of
respective articles of this Section.

Section 7 Crimes of Smuggling, Trafficking in, Transporting
and Manufacturing Narcotic Drugs

Article 347 Whoever smuggles, traffics in, transports or
manufactures narcotic drugs, regardless of how much the
quantity is, shall be investigated for criminal
responsibility and given criminal punishment.

Whoever smuggles, traffics in, transports or manufactures
narcotic drugs, and commits any of the following acts shall
be sentenced to fixed-term imprisonment of fifteen years,
life imprisonment or death, and concurrently be sentenced to
confiscation of property:

(1) smuggling, trafficking in, transporting or
manufacturing opium of not less than 1,000 grams, or heroin
or methyl benzedrine of not less than 50 grams or other
narcotic drugs of large quantities;

(2) being ringleaders of gangs engaged in smuggling,
trafficking in, transporting or manufacturing of narcotic
drugs;

(3) shielding with arms the smuggling, trafficking in,
transporting or manufacturing of narcotic drugs;

(4) violently resisting inspection, detention or arrest
with serious circumstances; or

(5) involved in organized international drug trafficking.

Whoever smuggles, traffics in, transports or manufactures
opium in a quantity of not less than 200 grams and not more
than 1,000 grams, or heroin or methyl benzedrine of not less
than 10 grams and not more than 50 grams or other narcotic
drugs of relatively huge quantities shall be sentenced to
fixed-term of imprisonment of not less than seven years and
concurrently be sentenced to a fine.

Whoever smuggles, traffics in, transports or manufactures
opium of not more than 200 grams, or heroin or methyl
benzedrine of not more than 10 grams or other narcotic drugs
of small quantities shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years and
concurrently be sentenced to a fine.

If a unit commits any crime mentioned in the second, third
or fourth paragraph, the unit shall be sentenced to a fine,
and the persons directly in charge and other persons
directly responsible for the crime shall be punished
according to respective provisions in the preceding
paragraphs.

Whoever makes use of minors or aids and abets them to
smuggle, traffic in, transport or manufacture narcotic
drugs, or sells narcotic drugs to them shall be given a
heavier punishment.

With respect to persons who have smuggled, trafficked in,
transported or manufactured narcotic drugs for many times
and have not been dealt with, the quantity of narcotic drugs
thus involved shall be computed accumulatively.

Article 348 Whoever illegally possesses opium of not less
than 1,000 grams, or heroin or methyl benzedrine of not less
than 50 grams, or any other narcotic drugs of large
quantities shall be sentenced to fixed-term imprisonment of
not less than seven years or life imprisonment, and
concurrently be sentenced to a fine. Whoever illegally
possesses opium of not less than 200 grams but not more than
1,000 grams, or heroin or methyl benzedrine of not less than
10 grams but not more than 50 grams, or any other narcotic
drugs of relatively large quantities shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years
and concurrently be sentenced to a fine.

Article 349 Whoever shields offenders engaged in smuggling,
trafficking in, transporting or manufacturing narcotic
drugs, or whoever harbours, transfers or covers up, for such
offenders, narcotic drugs or their pecuniary and other gains
from such criminal activities, shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years.

Any anti-narcotic drugs personnel or other state
functionary who screens or shields offenders engaged in
smuggling, trafficking in, transporting or manufacturing
narcotic drugs shall be given a heavier punishment according
to the provisions in the preceding paragraph.

Conspirators to a crime mentioned in the preceding two
paragraphs shall be punished as for a joint crime of
smuggling, trafficking in, transporting or manufacturing of
narcotic drugs.

Article 350 Whoever, in violation of the state’s
stipulations, illegally transports or carries acetic oxide,
ether, chloroform or other substances that are usually used
as materials or burden in the manufacture of narcotic drugs
into or out of China, or whoever, in violation of the
state’s stipulations, illegally traffics in such substances
in China, shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine; if
the quantities are huge, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than ten years, and concurrently be sentenced to a
fine.

Whoever provides other persons with substances mentioned in
the preceding paragraph, while knowing that those persons
manufacture narcotic drugs, shall be deemed as an accomplice
in the crime of manufacturing narcotic drugs and punished as
such.

If a unit commits a crime mentioned in the preceding two
paragraphs, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions in the preceding two paragraphs.

Article 351 Whoever illegally cultivates mother plants of
narcotic drugs, such as opium poppy and marijuana, shall be
forced to uproot them. Whoever commits any of the following
acts shall be sentenced to fixed-term imprisonment of not
more than five years, criminal detention or public
surveillance, and concurrently be sentenced to a fine:

(1) cultivating opium poppy of not less than 500 plants but
not more than 3,000 plants or any mother plants of other
narcotic drugs in relatively large quantities;

(2) cultivating any mother plant of narcotic drugs again
after being dealt with by the public security organ; or

(3) resisting the uprooting of such mother plants.

Whoever illegally cultivates opium poppy of not less than
3,000 plants or any mother plants of other narcotic drugs in
large quantities shall be sentenced to fixed-term
imprisonment of not less than five years, and concurrently
be sentenced to a fine or confiscation of property.

Persons illegally cultivating opium poppy or any mother
plants of other narcotic drugs who voluntarily uproot them
before harvest may be exempted from punishment.

Article 352 Whoever illegally traffics in, transports,
carries or holds seeds or seedlings of mother plants of
opium poppy or other narcotic drugs which have not been
destroyed to death shall, if the quantities are relatively
huge, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine.

Article 353 Whoever lures, aids and abets, or cheats others
into drug ingestion or injection shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
be sentenced to a fine; if the circumstance are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine.

Whoever forces others to ingest or inject narcotic drugs
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years and
concurrently be sentenced to a fine.

Whoever lures, aids and abets, cheats or forces minors into
ingesting or injecting narcotic drugs shall be given a
heavier punishment.

Article 354 Whoever provides shelter for others to ingest
or inject narcotic drugs shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be
sentenced to a fine.

Article 355 Persons who are allowed by law to engage in
manufacture, transportation, administration or utilization
of state-controlled narcotics and psychotropic substances
and who, in violation of relevant regulations of the state,
provide such substances which may lead to people’s
addiction to perons who ingest or inject narcotic drugs
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years, and
concurrently be sentenced to a fine. Persons who provide
such substances which may lead to people’s addiction to
drug smugglers or traffickers, or, for the purpose of
profit, to persons who ingest or inject narcotic drugs shall
be decided a crime and punished according to the provisions
of Article 347 of this Law.

Article 356 Whoever has ever been sentenced for crimes of
smuggling, trafficking in, transporting, manufacturing or
possessing illegally narcotic drugs, and also commits a
crime mentioned in this Section, shall be given a heavier
punishment.

Article 357 “Narcotic drugs” mentioned in this Law refers
to opium, heroin, methyl benzedrine, morphine, marijuana,
cocaine and other narcotics and psychotropic substances that
are liable to make people addicted to their use and that are
controlled by relevant regulations of the state.

The amount of narcotic drugs shall be computed according to
the amount of smuggled, trafficked in, transported,
manufactured or illegally held narcotic drugs which are
verified, and not be decided according to their degree of
purity.

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering
and Introducing Women into Prostitution

Article 358 Whoever organizes or forces any other person or
persons to engage in prostitution shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a
fine. Whoever commits any of the following acts shall be
sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment, and concurrently be sentenced to
a fine or confiscation of property:

(1) organizing other person(s) to engage in prostitution and
the circumstances being serious;

(2) forcing a girl under the age of 14 to engage in
prostitution;

(3) forcing many persons to engage in prostitution or
forcing any other person to engage in prostitution for many
times;

(4) forcing the victim to engage in prostitution after
raping her; or

(5) causing serious bodily injury or death to the person
being forced to engage in prostitution or causing other
severe consequences.

Whoever commits any of the acts mentioned in the preceding
paragraph, if the circumstances are especially serious,
shall be sentenced to life imprisonment or death, and
concurrently be sentenced to confiscation of property.

Whoever assists in organizing another person to engage in
prostitution shall be sentenced to fixed-term imprisonment
of not more than five years and concurrently be sentenced to
a fine; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be
sentenced to a fine.

Article 359 Whoever lures, shelters or procures any other
person or persons to engage in prostitution shall be
sentenced to fixed-term imprisonment of not more than five
years, criminal detention or public surveillance, and
concurrently be sentenced to a fine; if the circumstances
are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and concurrently be
sentenced to a fine.

Whoever lures a girl under the age of 14 to engage in
prostitution shall be sentenced to fixed-term imprisonment
of not less than five years and concurrently be sentenced to
a fine.

Article 360 Whoever suffering from serious venereal
diseases such as syphilis and gonorrhea knowingly engages in
prostitution or whoring shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention
or public surveillance, and concurrently be sentenced to a
fine.

Whoever whores with a girl under the age of 14 shall be
sentenced to fixed-term imprisonment of not less than five
years and concurrently be sentenced to a fine.

Article 361 Any personnel of a unit in the trade of hotel,
catering or entertainment, or in taxi service, who, by
taking advantage of his work unit, organizes, forces, lures,
shelters or procures any other person or persons to engage
in prostitution, shall be decided a crime and punished
according to the provisions of Article 358 or Article 359 of
this Law.

If the persons in charge of the unit mentioned in the
preceding paragraph commit crimes mentioned in the preceding
paragraph, they shall be given a heavier punishment.

Article 362 Where any leading personnel, staff member or
worker of a unit in the trade of hotel, catering or
entertainment, or in taxi service provides information for
law-breaking offenders and criminals when the public
security organ investigates or deals with activities of
prostitution or whoring, he shall, if the circumstances are
serious, be decided a crime and punished according to the
provisions of Article 310 of this Law.

Section 9 Crimes of Manufacturing, Trafficking in and
Disseminating Pornographic Articles

Article 363 Whoever produces, duplicates, publishes,
trafficking in or disseminates pornographic articles for the
purpose of making profits shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and
concurrently be sentenced to a fine; if the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or
confiscation of property.

Whoever provides book numbers for others to publish
pornographic books and periodicals shall be sentenced to
fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine. If anyone provides
others with book numbers which he clearly knows to be used
to publish pornographic books and periodicals, he shall be
punished according to the provisions in the preceding
paragraph.

Article 364 Whoever disseminates in society pornographic
books and periodicals, movies, video- and audio-tapes,
pictures or any other pornographic articles shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than two years, criminal detention
or public surveillance.

Whoever organizes shows of pornographic films or videos or
other video- or audio-tapes shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be
sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and
concurrently be sentenced to a fine.

Whoever manufactures or duplicates pornographic films or
videos or other video- or audio-tapes and organizes shows of
them shall be given a heavier punishment according to the
provisions in the second paragraph.

Whoever disseminates pornographic articles to minors under
the age of 18 shall be given a heavier punishment.

Article 365 Whoever organizes a pornographic performance
shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance,
and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years, and concurrently be sentenced to a
fine.

Article 366 If a unit commits any crime mentioned in
Article 363, Article 364 and Article 365 of this Section,
the unit shall be sentenced to a fine, and persons directly
in charge and other persons directly responsible for the
crime shall be punished according to respective provisions
of these articles.

Article 367 “Pornographic articles” mentioned in this Law
refers to sex-propagating books or periodicals, films,
video- or audio-tapes, pictures or other pornographic
articles which concretely describe sexual acts or
undisguisedly publicize sex.

Scientific works concerning physiology of human body or
medical knowledge shall not be pornographic articles.

Literary or artistic works of artistic value which contain
contents of sex shall no been deemed as pornographic
articles.

Chapter VII Crimes of Endangering Interests of
National Defence

Article 368 Whoever hinders, by means of violence or
threat, servicemen from carrying out their duties according
to law shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention, public
surveillance or a fine.

Whoever intentionally hinders the armed forces from taking
an military act shall, if serious consequences have
resulted, be sentenced to fixed-term imprisonment of not
more than five years or criminal detention.

Article 369 Whoever damages weapons or equipment, military
installations or military communications shall be sentenced
to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance. Whoever damages
important weapons or equipment, military installations or
military communications shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death. Any
person who commits such a crime during wartime shall be
given a heavier punishment.

Article 370 Whoever provides knowingly the armed forces
with substandard weapons or equipment, or military
installations shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention; if the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and
not more than ten years; if the circumstances are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment
of death.

Whoever negligently commits the crime mentioned in the
preceding paragraph shall, if serious consequences have
resulted, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention; if the
consequences are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.

If a unit commits the crime mentioned in the first
paragraph, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions in the first paragraph.

Article 371 Where an assembled crowd assaults a military
forbidden region, and disturbs seriously order of the
military forbidden region, the ringleaders shall be
sentenced to fixed-term imprisonment of not less than five
years and not more than ten years; other active participants
shall be sentenced to fixed-term imprisonment of not more
than five years, criminal detention, public surveillance or
deprivation of political rights.

Where an assembled crowd disturbs order of a military
administrative region, and the circumstances are so serious
that the work of the military administrative region can not
been done and great losses are caused, the ringleaders shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; other active
participants shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public
surveillance or deprivation of political rights.

Article 372 Whoever passes himself off as a serviceman in
order to practise fraud shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political
rights; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.

Article 373 Whoever incites a serviceman to flee from the
armed forces or employs knowingly the serviceman who fled
from the armed forces shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.

Article 374 Whoever, in the work of conscription, engages
in malpractice for the benefit of his friends and accepts or
sends out substandard soldiers shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If especially
serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.

Article 375 Whoever forges, alters, buys or sells, steals
or forcibly seizes the official documents, certificates or
seals of the armed forces shall be sentenced to fixed-term
imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political
rights. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.

Whoever illegally produces or traffics in uniforms, number
plates of vehicles and other signs for special use of the
armed forces shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine.

If a unit commits a crime mentioned in the second
paragraph, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly
responsible for the crime shall be punished according to the
provisions of the paragraph.

Article 376 Whoever from the persons on reserve duty
refuses or escapes from recruitment or training during
wartime shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

Any citizen who refuses to be on active service or escapes
from being on active service shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than two years or criminal detention.

Article 377 Whoever, during wartime, intentionally provides
false enemy’s conditions shall, if serious consequences are
caused, be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years. If especially
serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment.

Article 378 Whoever, during wartime, fabricates rumours to
mislead others and undermines army morale shall be sentenced
to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years.

Article 379 Whoever, during wartime, provides shelters or
property for the servicemen who fled from the army while
knowing that shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

Article 380 Where any unit, during wartime, refuses or
intentionally delays military orders of goods, and if the
circumstances are serious, the unit involved shall be
sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If serious consequences are
caused, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.

Article 381 Whoever, during wartime, refuses military
commandeering shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

Chapter VIII Crimes of Embezzlement and Bribery

Article 382 Any state functionary who, by taking advantage
of his office, appropriates, steals, swindles, or otherwise
illegally takes possession of public property shall be
guilty of a crime of embezzlement.

Whoever from the persons who are appointed, by state
organs, state-owned companies, enterprises, institutions or
people’s organizations, to administer or manage state-owned
property takes advantage of his office to appropriate,
steal, swindle, or otherwise illegally take possession of
state-owned property shall be punished as a crime of
embezzlement. ? Whoever conspires with the persons listed
in the preceding two paragraphs to engage in embezzlement
shall be punished as an accomplice in the crime.

Article 383 Whoever commits the crime of embezzlement
shall, in accordance with the seriousness of the
circumstances, be respectively punished according to the
following provisions:

(1) An individual who embezzles not less than 100,000 yuan
shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment, and may concurrently be
sentenced to confiscation of property. If the circumstances
are especially serious, the offender shall be sentenced to
death, and concurrently be sentenced to confiscation of
property.

(2) An individual who embezzles not less than 50,000 yuan
and not more than 100,000 yuan shall be sentenced to
fixed-term imprisonment of not less than five years, and may
concurrently be sentenced to confiscation of property. If
the circumstances are especially serious, the offender shall
be sentenced to life imprisonment, and concurrently be
sentenced to confiscation of property.

(3) An individual who embezzles not less than 5,000 yuan
and not more than 50,000 yuan shall be sentenced to
fixed-term imprisonment of not less than one year and not
more than seven years. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than seven years and not more than ten years. An
individual who embezzles not less than 5,000 yuan and not
more than 10,000 yuan, and after committing the crime, shows
signs of repentance and gives up the embezzled money of his
own accord may be given a mitigated punishment or be
exempted from criminal punishment, but shall be given a
disciplinary sanction by his unit or competent authorities
at higher level.

(4) An individual who embezzles not more than 5,000 yuan
shall, if the circumstances are relatively serious, be
sentenced to fixed-term imprisonment of not more than two
years or criminal detention. If the circumstances are
relatively minor, the offender shall be given a disciplinary
sanction according to the circumstances by his unit or
competent authorities at higher level.

Whoever repeatedly commits crimes of embezzlement and goes
unpunished shall be punished according to the accumulated
amount of money he has embezzled.

Article 384 Any state functionary who takes advantage of
his office to misappropriate public funds for his own use or
for conducting illegal activities, or misappropriate a
relatively large amount of public funds for conducting
activities to reap profits, or misappropriate a relatively
large amount of public funds and fail to return it after
three months, shall be guilty of a crime of misappropriation
of public funds, and shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than five years. If he misappropriates a large amount of
public funds and fails to return it, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years or life imprisonment.

Whoever misappropriates for his own use funds and materials
allocated for disaster relief, emergency rescue, flood
prevention and control, the care of disabled servicemen and
the families of revolutionary martyrs and servicemen, the
care of the poor, resettlement of residents or social relief
shall be given a heavier punishment.

Article 385 Any state functionary who, by taking advantage
of his office, asks for other persons’ property, or
illegally accepts other persons’ property and secures
advantages for them, shall be guilty of a crime of
acceptance of bribes.

Any state functionary who, in his economic activities, in
violation of state’s stipulations, accepts commissions and
service charges offered in various names for their own
possession shall be punished for acceptance of bribes.

Article 386 Whoever commits a crime of acceptance of bribes
shall, in accordance with the amount of bribes and the
seriousness of the circumstances, be punished according to
the provisions of Article 383 of this Law. Whoever extorts
bribery shall be given a heavier punishment.

Article 387 Where any state organ, state-owned company or
enterprise, institution or people’s organization extorts or
accepts illegally property from another person and seeks
profits for the person, and if the circumstances are
serious, the unit shall be sentenced to a fine, and the
persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention.

Any unit listed in the preceding paragraph which, in its
economic activities, accepts secretly rebates or commissions
in various names without entering into its account shall be
deemed as acceptance of bribes, and punished according to
the provisions of the preceding paragraph.

Article 388 Any state functionary who, by taking advantage
of his favorable conditions of his office or status, seeks
unlawful profits for the entruster through the acts of
office of another state functionary, and extorts or accepts
the entruster’s property shall be deemed as acceptance of
bribes and punished as such.

Article 389 Whoever, for the purpose of seeking unlawful
profits, gives property to a state functionary shall be
guilty of bribing.

Whoever, in economic activities, violating the state’s
stipulations, gives property of a large quantity or value to
a state functionary or gives, in violation of the state’s
stipulations, commissions and service charges to a state
functionary shall be punished for the crime of bribing.

Whoever being extorted gives property to a state
functionary and gains no unlawful profits shall not be
deemed to have bribed.

Article 390 Whoever commits the crime of bribing shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. Whoever seeks unlawful
interests by bribing shall, if the circumstances are serious
or heavy losses of the state’s interests have been caused,
be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years. If the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life
imprisonment, and may concurrently be sentenced to
confiscation of property.

Those bribers who voluntarily confess their bribery before
being prosecuted may be given a mitigated punishment or be
exempted from punishment.

Article 391 Whoever, for the purpose of seeking unlawful
profits, gives property to a state organ, state-owned
company or enterprise, an institution or a people’s
organization, or, in economic activities, violating the
state’s stipulations, gives commissions and service charges
offered in various names shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Article 392 Whoever introduces a bribe to a state
functionary shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention.

The person who introduces a bribe shall, if he voluntarily
confesses his activities before being prosecuted, be given a
mitigated punishment or exempted from punishment.

Article 393 If a unit, for the purpose of unproper
interests, offers a bribe or offers, in violation of the
state’s stipulations, commissions and service charges to a
state functionary, and if the circumstances are serious, the
unit shall be sentenced to a fine, and persons directly in
charge and other persons directly responsible for the crime
shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention. If illegal gains are
obtained by bribing and such gains are taken possession of
by a person, the offender shall be decided a crime and
punished according to the provisions of Article 389 or
Article 390 of this Law.

Article 394 Any state functionary who, in the domestic
activities for public purpose or in their contact with
foreigners, accepts gifts and does not hand them over to the
state, if he is required to do so in accordance with the
state’s stipulations shall, if the amount involved is
relatively huge, be decided a crime and punished according
to the provisions of Article 382 or Article 383 of this Law.

Article 395 Any state functionary whose property or
expenditure apparently exceeds his lawful earnings may, if
the difference is huge, be ordered to explain the sources of
his property. If he can not explain the lawful sources of
his property, the amount of property that exceeds his lawful
earnings shall be treated as illegal gains, and he shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention, the property that exceeds his
lawful earnings shall be taken over.

Any state functionary shall report to the state their bank
savings in other countries according to the state’s
stipulations. Whoever has a relatively large amount of such
savings and does not report them to the state shall be
sentenced to fixed-term imprisonment of not more than two
years or criminal detention. If the circumstances are
relatively minor, the offender shall be given a disciplinary
sanction according to the circumstances by his unit or
competent authorities at higher level.

Article 396 If a state organ, state-owned company or
enterprise, institution or people’s organization, in
violation of the state’s stipulations, distributes
state-owned property collectively to individuals in the name
of the unit, persons directly in charge and other persons
directly responsible for the crime shall, if the amount
involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to
a fine. If the amount involved is huge, the offender shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years, and concurrently
be sentenced to a fine.

Any judicial organ or administrative organ who, in
violation of the state’s stipulations, distributes
collectively the confiscated property which shall be turned
over to the state to individuals in the name of unit shall
be punished according to the provisions of the preceding
paragraph.

Chapter IX Crimes of Dereliction of Duty

Article 397 Any state functionary who abuses his power of
office or neglects his duties and causes heavy losses to
public property or interests of the state or the people
shall be sentenced to fixed-imprisonment of not more than
three years or criminal detention. If the circumstances are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years. Where this Law has other provisions,
such provisions shall prevail.

Any state functionary who engages in malpractice for the
benefit of his friends and commits a crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years. Where
this Law has other provisions, such provisions shall
prevail.

Article 398 Any state functionary who, in violation of the
provisions of the Law on Guarding State Secrets, indulges
state secrets intentionally or negligently shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.

Any person other than a state functionary who commits a
crime mentioned in the preceding paragraph shall be punished
in accordance with the circumstances according to the
provisions of the preceding paragraph.

Article 399 Any judicial functionary who bends the law for
the benefits of his own or bends the law for the benefits of
his relatives or friends, and subjects to prosecution a
person he clearly knows to be innocent and intentionally
protects from prosecution a person he clearly knows to be
guilty, or in the course of criminal trial, intentionally
twists the law and makes judgments or orders which are
contrary to the fact and law, shall be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years. If the
circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years.

Whoever, in the course of civil or administrative trial,
intentionally twists the law and makes judgments or orders
which are contrary to the fact and law shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years.

Any judicial functionary who accepts a bribe and twists the
law, and commits an act mentioned in the preceding two
paragraphs shall, if his act concurrently constitutes a
crime mentioned in Article 385 of this Law, be decided a
crime and punished according to the provisions with a
heavier punishment.

Article 400 Any judicial functionary who releases without
authorization a suspect for a crime, defendant or criminal
in custody shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and
not more than ten years.

Any judicial functionary who, because of serious negligence
of his duties, causes a suspect for a crime, defendant or
criminal in custody to escape shall, if serious consequences
are caused, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If especially
serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.

Article 401 Any judicial functionary who engages in
malpractice for the benefit of his friends, makes a decision
of commutation of punishment, parole or temporarily serving
his term outside prison to a criminal not conforming to the
conditions of commutation of punishment, parole or
temporarily serving his term outside prison shall be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 402 Any administrative law enforcement official who
fails to remit a person who shall be investigated for
criminal responsibility to a judicial organ shall, if the
circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. If serious consequences are caused, the offender
shall be sentenced to not less than three years and not more
than seven years.

Article 403 Any state functionary of relevant competent
departments who engages in malpractice for his friends and
abuses his power of office, makes an approval or
registration of application for a company’s establishment
and registration or for issuing or marketing stocks or bonds
which do not conform to the conditions stipulated in law
shall, if the offence causes public property or interests of
the state or the people to suffer heavy losses, be sentenced
to fixed-term imprisonment of not more than five years or
criminal detention.

If an authorities at higher level forces the registration
organ or its functionary to commit an act mentioned in the
preceding paragraph, persons directly in charge shall be
punished according to the provisions of the preceding
paragraph.

Article 404 Any functionary of the tax authorities who
engages in malpractice for his friends and does not collect
or partly collects the tax payable shall, if the offence
causes the state’s tax incomes to suffer heavy losses, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the offence causes
especially serious losses, the offender shall be sentenced
to fixed-term imprisonment of not less than five years.

Article 405 Any functionary of the tax authorities who, in
violation of the stipulations of laws or administrative
regulations, engages in malpractice for his friends when
doing work concerning selling invoices, offsetting the
amount of tax payable or refunding the tax for export shall,
if the offence causes the interests of the state to suffer
heavy losses, be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. If the offence
causes the interests of the state to suffer especially heavy
losses, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.

Any other state functionary who, in violation of the
state’s stipulations, engages in malpractice for his
friends when providing declarations for export goods to the
Customs, documents for verification and cancellation of
foreign exchange income of export goods or other vouchers
for use of tax refund for export shall, if the offence
causes the interests of the state to suffer heavy losses, be
punished according to the provisions of the preceding
paragraph.

Article 406 Any state functionary who, in the course of
signing or fulfilling contracts, is defrauded because of
serious negligence of his duties shall, if the offence
causes the interests of the state to suffer heavy losses, be
sentenced to fixed-term imprisonment of not more than three
years or criminal detention. If the offence causes the
interests of the state to suffer especially heavy losses,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years.

Article 407 Any state functionary of the forestry
departments who, in violation of the provisions of the
Forestry Law, issues forestry trees cutting licences in
excess of the approved annual cutting quotas or by
overstepping authority shall, if the circumstances are
serious and the offence causes the forest to suffer heavy
damage, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.

Article 408 Any state functionary in charge of supervision
and control on environment protection who neglects his
duties so seriously that a great environmental pollution
accident happens and causes heavy losses to public or
private property or another person’s bodily injury or death
or other serious consequences shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention.

Article 409 Any person engaged in the prevention or
treatment related to infectious diseases from the
government’s public health departments who neglects his
duties so seriously that he causes the spread or epidemic of
an infectious disease shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.

Article 410 Any state functionary who engages in
malpractice for his friends, in violation of laws or
regulations on land administration, abuses his powers,
illegally approves an act of requisitioning or occupying
land, or illegally assigns rights for use of state-owned
land at a lower price shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention. If the offence
causes interests of the state or collective to suffer
especially heavy losses, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years.

Article 411 Any Customs functionary who engages in
malpractice for his friends and connives at another
person’s smuggling shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than
five years or criminal detention. If the circumstances are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years.

Article 412 Any functionary of state commodity inspection
departments or institutions who engages in malpractice for
his friends and fabricates inspection conclusions shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the offence causes serious
consequences, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years.

Any person listed in the preceding paragraph who neglects
his duties so seriously that he does not inspect the
commodity that shall be inspected or he delays providing
certificates or provides wrong certificates shall, if the
offence causes the interests of the state to suffer heavy
losses, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.

Article 413 Where a quarantine functionary of an animal and
plant quarantine organ engages in malpractice for his
friends and fabricates a quarantine result, he shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the offence causes serious
consequences, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years.

Any person listed in the preceding paragraph who neglects
his duties so seriously that he does not quarantine the
quarantine objects that shall be quarantined, or he delays
providing quarantine certificates or provides wrong
certificates shall, if the offence causes the interests of
the state to suffer heavy losses, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Article 414 Any state functionary in charge of
investigation of the crimes of production or sale of fake or
substandard products who engages in malpractice for his
friends and does not perform the investigation duties
stipulated by law shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than
five years or criminal detention.

Article 415 Any state functionary in charge of issuing
passports, visas or other certificates for the use of exit
or entry who issues a exit and entry certificate to the
person clearly known to attempt to secretly cross the
national boundary (borderline), or any state functionary of
the frontier defence or Customs organs who permits another
person clearly known to secretly cross the national boundary
(borderline) to go shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.

Article 416 Any state functionary in charge of rescuing a
woman or child abducted and trafficked in or kidnapped who
fails to make any rescue effort on receiving a request for
rescue by a woman or child who is abducted and trafficked in
or kidnapped or by his or her family members or on receiving
a report thereon made by any other person shall, if serious
consequences are caused, be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention.

If any state functionary in charge of rescue takes
advantage of his office to hinder the rescue, he shall be
sentenced to fixed-term imprisonment of not less than two
years and not more than seven years. If the circumstances
are relatively minor, the offender shall be sentenced to
fixed-term imprisonment of not more than two years or
criminal detention.

Article 417 Any state functionary in charge of
investigating and forbidding criminal activities who
divulges secret information or provides with convenience to
the criminals, and helps the criminals to escape from being
punished shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than ten years.

Article 418 Any state functionary who, in the course of
recruiting public servants or students, engages in
malpractice for his friends shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.

Article 419 Any state functionary who seriously neglects
his duties and causes damage or losses of rare and precious
cultural relics shall, if serious consequences are caused,
be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.

Chapter X Crimes Contrary to Duties Committed by
Servicemen

Article 420 Any act of a serviceman that contravenes his
duties and endangers the state’s military interests and is
punishable with criminal penalties by law constitutes a
crime in contravention of a serviceman’s duties.

Article 421 Any serviceman who disobeys orders during
wartime, thereby jeopardizing the military operations, shall
be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years. If the offence
causes serious losses to a battle or campaign, the offender
shall be sentenced to fixed-term imprisonment of not less
than ten years, life imprisonment or death.

Article 422 Any serviceman who intentionally conceals or
makes a false report about the military situation or refuses
to communicate or communicates a false military order,
thereby jeopardizing the military operations, shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. If the offence causes
serious losses to a battle or campaign, the offender shall
be sentenced to fixed-term imprisonment of not less than ten
years, life imprisonment or death.

Article 423 Any serviceman who, in fear of death on
battlefield, voluntarily lays his arms and surrenders to the
enemy shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment.

Any serviceman who, after surrendering to the enemy, works
for enemy shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death.

Article 424 Any serviceman who deserts from his unit before
a battle shall be sentenced to fixed-term imprisonment of
not more than three years. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years. If
the offence causes serious losses to a battle or campaign,
the offender shall be sentenced to fixed-term imprisonment
of not less than ten years, life imprisonment or death.

Article 425 Any person in command or on duty who leaves his
post or neglects his duties, thereby causing serious
consequences, shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention. If
especially serious consequences are caused, the offender
shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years.

Any person who, during wartime, commits a crime mentioned
in the preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than five years.

Article 426 Any person who, by force or threat, hinders
commanding personnel or personnel on duty from performing
their duties shall be sentenced to fixed-term imprisonment
of not more than five years or criminal detention. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years. If
the offence causes serious injury or death to another person
or other especially serious circumstances exist, the
offender shall be sentenced to life imprisonment or death.
The punishment of such crimes during wartime shall be
heavier than in time of peace.

Article 427 Any serviceman who abuses his power of office
and incites a subordinate to commit an act in contravention
of his duties shall, if serious consequences are caused, be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the circumstances are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not
more than ten years.

Article 428 Any person in command who disobeys orders,
flinches from the battlefield and fights inactively shall,
if serious consequences are caused, be sentenced to
fixed-term imprisonment of not more than five years. If the
offence causes serious losses to a battle or campaign or
other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less
than five years.

Article 429 Any commanding person of an army who, while
clearly knowing that neighbouring friendly forces are in
dangerous and urgent situation, has ability to rescue the
force but does not to do so, and causes serious losses to
the neighbouring friendly forces, shall be sentenced to
fixed-term imprisonment of not more than five years.

Article 430 Any serviceman who leaves his posts without
authorization in the course of performing his public office,
turns traitor and flees from China or turns traitor and
flees outside China, and endangers the state’s military
interests, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years.

Any serviceman who drives an aircraft or warship to turn
traitor and flee or with other especially serious
circumstances shall be sentenced to fixed-term imprisonment
of not less than ten years, life imprisonment or death.

Article 431 Whoever, by means of stealing, prying or
buying, illegally obtains military secrets shall be
sentenced to fixed-term imprisonment of not more than five
years. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years. If the circumstances
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years.

Whoever steals, pries, buys or illegally provides military
secrets for a agency, organization or person outside China
shall be sentenced to fixed-term imprisonment of not less
than ten years, life imprisonment or death.

Article 432 Whoever, in violation of laws or administrative
regulations on protection of the state secrets,
intentionally or negligently divulges military secrets
shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or
criminal detention. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years.

Whoever, during wartime, commits a crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than five years and not more than
ten years. If the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment.

Article 433 Whoever, during wartime, fabricates rumours to
mislead others and undermines army morale shall be sentenced
to fixed-term imprisonment of not more than three years. If
the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.

Whoever colludes with the enemy and fabricates rumours to
mislead others and undermines army morale shall be sentenced
to fixed-term imprisonment of not less than ten years or
life imprisonment. If the circumstances are especially
serious, the offender may be sentenced to death.

Article 434 Whoever, during wartime, inflicts bodily injury
on himself, thus disqualifying himself from fulfilling his
military obligation shall be sentenced to fixed-term
imprisonment of not more than three years. If the
circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and
not more than seven years.

Article 435 Whoever, in violation of laws or administrative
regulations on military service, flees from army shall, if
the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Whoever, during wartime, commits a crime mentioned in the
preceding paragraph shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
seven years.

Article 436 Whoever violates the provisions for use of
weapons and equipment, if the circumstances are serious,
thus a liability accident leading to severe injury or death
of another person or other serious consequences is caused,
shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention. If the consequences
are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not
more than seven years.

Article 437 Whoever violates the provisions for control of
weapons and equipment and changes without authorization the
arrangement and purpose of weapons shall, if serious
consequences are caused, be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention. If especially serious consequences are caused,
the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years.

Article 438 Whoever steals or seizes forcibly weapons and
equipment or military goods and materials shall be sentenced
to fixed-term imprisonment of not more than five years or
criminal detention. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years. If the
circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten
years, life imprisonment or death.

Whoever steals or seizes forcibly guns, ammunitions or
explosives shall be punished according to the provisions of
Article 127 of this Law.

Article 439 Whoever illegally sells or transfers weapons
and equipment of the army shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years. Where large quantities of weapons and equipment
are sold or transferred or other especially serious
circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years, life
imprisonment or death.

Article 440 Any serviceman who disobeys orders and abandons
weapons and equipment shall be sentenced to fixed-term
imprisonment of not more than five years or criminal
detention. If important or large quantities of weapons and
equipment are abandoned or other serious circumstances
exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.

Article 441 Any serviceman who loses weapons and equipment
and does not report in time to a higher commander or has
other serious circumstances shall be sentenced to fixed-term
imprisonment of not more than three years or criminal
detention.

Article 442 Where anyone, in violation of the stipulations
and without authorization, sells or transfers real estate of
the army and if the circumstances are serious, persons
directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than three years or
criminal detention. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than
ten years.

Article 443 Any serviceman who abuses his power of office
and maltreats a subordinate shall, if the circumstances are
so flagrant as to have resulted in serious bodily injury of
another person or other serious consequences, be sentenced
to fixed-term imprisonment of not more than five years or
criminal detention. If the offence causes death of another
person, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.

Article 444 Any person directly responsible for the
deliberate abandonment of the wounded or sick on the
battlefield shall, if the circumstances are flagrant, be
sentenced to fixed-term imprisonment of not more than five
years.

Article 445 Any person at post of rescue and cure who,
during wartime, refuses to rescue or cure the fatal wounded
or sick servicemen while having such conditions shall be
sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the offence causes severe
disability or death of the wounded or sick servicemen or
other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years and not more than ten years.

Article 446 Any serviceman who, during wartime, mistreats
innocent residents or plunders property from innocent
residents in areas of military operations shall be sentenced
to fixed-term imprisonment of not more than five years. If
the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years and not more than ten years. If the circumstances are
especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years, life
imprisonment or death.

Article 447 Whoever releases without authorization a
prisoner of war shall be sentenced to fixed-term
imprisonment of not more than five years. Whoever releases
without authorization an important prisoner of war or
releases without authorization several prisoners of war or
with other serious circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than five
years.

Article 448 Any serviceman who maltreats prisoners of war
shall, if the circumstances are flagrant, be sentenced to
fixed-term imprisonment of not more than three years.

Article 449 Any serviceman who, during wartime, commits a
crime and is sentenced to fixed-term imprisonment of not
more than three years with a reprieve pronounced may, in
consideration of the absence of actual danger from him, be
allowed to atone for his crime by performing meritorious
deeds. Should he truly perform meritorious deeds, the
original sentence may be rescinded, and he shall not be
punished as a criminal.

Article 450 This Chapter are applicable to the officers,
nonmilitary cadres, soldiers on active duties and the
students with military status of the Chinese People’s
Liberation Army, and the officers, nonmilitary cadres,
soldiers on active duties and the students with military
status of the Chinese People’s Armed Police Forces, and the
persons on reserve service and other persons who perform
military tasks.

Article 451 “During wartime” mentioned in this Chapter
refers to the time in which the state announces a state of
war, the army receives tasks of battle or suffers a sudden
attack.

The time when the army enforces tasks of martial law or
disposes emergent violent incidents shall be regarded as
wartime.

Supplementary Provisions

Article 452 This Law shall go into effect as of October 1,
1997.

Regulations, supplementary provisions and decisions enacted
by the Standing Committee of the National People’s Congress
listed in Appendix I of this Law have been brought into this
Law or shall not apply, and shall be abolished as of the
date of effectiveness of this Law.

Supplementary provisions and decisions enacted by the
Standing Committee of the National People’s Congress listed
in Appendix II of this Law shall be reserved, and the
provisions involving administrative penalty and
administrative measures shall continue in effect; the
provisions involving criminal responsibility have been
brought into this Law, and such provisions in this Law shall
apply as of the date of effectiveness of this Law.

Appendix I

The following regulations, supplementary provisions and
decisions enacted by the Standing Committee of the National
People’s Congress have been brought into this Law or shall
not apply, and shall be abolished as of the date of
effectiveness of this Law:

1. Interim Regulations of the People’s Republic of China
on Punishment of Servicemen Who Commit Crimes Contrary to
Their Duties

2. Decision Regarding the Severe Punishment of Criminals
Who Seriously Sabotage the Economy

3. Decision Regarding the Severe Punishment of Criminals
Who seriously Endanger public security

4. Supplementary Provisions Concerning the Punishment of
the Crimes of Smuggling

5. Supplementary Provisions Concerning the Punishment of
the Crimes of Embezzlement and Bribery

6. Supplementary Provisions Concerning the Punishment of
the Crimes of Divulging State Secrets

7. Supplementary Provisions Concerning the Punishment of
the Crimes of Catching or Killing Precious and Endangered
Species of Wildlife under Special State Protection

8. Decision Regarding the Punishment of Crimes of
Desecrating the National Flag and the National Emblem of the
People’s Republic of China

9. Supplementary Provisions Concerning the Punishment of
the Crimes of Excavating and Robbing Sites of Ancient
Culture or Ancient Tombs

10. Decision Regarding the Punishment of the Criminals
Engaged in Aircraft Hijacking ? 11. Supplementary
Provisions Concerning the Punishment of the Crimes of
Counterfeiting Registered Trademarks

12. Decision Regarding the Punishment of the Crimes of
Production and Sale of Fake or Substandard Commodities

13. Decision Regarding the Punishment of the Crimes of
Infringing Copyright

14. Decision Regarding the Punishment of the Crimes of
Violating Company Law

15. Decision Regarding the Handling of Criminals Undergoing
Reform Through Labour and Persons Undergoing Rehabilitation
Through Labour Who Escape or Commit New Crimes

Appendix II

The following supplementary provisions and decisions
enacted by the Standing Committee of the National People’s
Congress shall be reserved, and the provisions involving
administrative penalty and administrative measures shall
continue in effect; the provisions involving criminal
responsibility have been brought into this Law, and such
provisions in this Law shall apply as of the date of
effectiveness of this Law:

1. Decision Regarding the Prohibition against Narcotic
Drugs

2. Decision Regarding the punishment of Criminals Who
Smuggle, Produce, Sell or Disseminate Pornographic Articles

3. Decision Regarding the Severe Punishment of Criminals
Who Abduct and Traffic In or Kidnap Women or Children

4. Decision Regarding the Strict Prohibition against
Prostitution and Whoring

5. Supplementary Provisions Concerning the Imposition of
Punishment in Respect of Offence of Tax Evasion and Refusal
to Pay Tax

6. Supplementary Provisions Concerning the Severe
Punishment of the Crimes of Organizing and Transporting
Another Person to Secretly Cross the National Boundary
(Borderline)

7. Decision Regarding the Punishment of the Crimes of
Undermining Financial Order

8. Decision Regarding the Punishment of the Crimes of
Falsification, Counterfeiting and Illegal Sale of
Value-added Tax Invoices

Note:

*1. “Public surveillance” is the usual English
translation for (guanzhi), literally, “compulsory
restraint.” It refers to a relatively light criminal
penalty applied to criminals who do not have to be confined
in prison or a place of reform through labour. When
sentenced to public surveillance, a criminal is required to
report periodically to a public security organ on his
activities. At the same time, his case is announced to the
masses in the organization or work unit to which he belongs,
giving them the responsibility to watch over his
behaviour.-Trans.

Criminal Law of the People’s Republic of China

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Criminal Law of the People’s Republic of China

Post A Comment Cancel Reply

Categories

Recent Posts

Terms

What is a mortgage?

Should I use a broker to buy a home?

Quick Links

Get In Touch

(Europe and Asia) 27 Voie de Moens,1218 Geneva, Switzerland

Ask an AttorneY

info@worldlaw.eu

1 (866) 503-1227

1 (866) 503-1227

Shopping Cart

(Europe and Asia)
27 Voie de Moens,
1218 Geneva, Switzerland