Criminal Law of the People's Republic of China (Amended in 2020)
(Adopted at the 2nd Session of the 5th National People's Congress on July 1, 1979.) It was revised at the 5th Session of the 8th National People's Congress on March 14, 1997. According to the Decision of the Standing Committee of the National People's Congress on Punishing the Crimes of Fraudulent Purchase, Foreign Exchange Evasion and Illegal Foreign Exchange Trading of December 29, 1998, the Amendment to the Criminal Law of the People's Republic of China of December 25, 1999, the Amendment to the Criminal Law of the People's Republic of China (II) of August 31, 2001, the Amendment (III) to the Criminal Law of the People's Republic of China of December 29, 2001, and the Amendment (IV) to the Criminal Law of the People's Republic of China of December 28, 2002, Amendment (V) to the Criminal Law of the People's Republic of China of February 28, 2005, Amendment (VI) to the Criminal Law of the People's Republic of China of June 29, 2006, Amendment (VII) to the Criminal Law of the People's Republic of China of February 28, 2009, Decision of the Standing Committee of the National People's Congress on Amending Certain Laws of August 27, 2009, Amendment to the Criminal Law of the People's Republic of China (VIII) of February 25, 2011, and August 29, 2015 Amendment (IX) to the Criminal Law of the People's Republic of China, Amendment to the Criminal Law of the People's Republic of China (10) of November 4, 2017, Amendment (11) to the Criminal Law of the People's Republic of China on 26 December 2020)
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Part I General Provisions
Chapter I: Tasks, Basic Principles and Scope of Application of Criminal Law
Chapter II: Crimes
Section 1: Crimes and Criminal Responsibility
Section 2: Preparation, attempt, and suspension of crimes
Section 3: Joint Crimes
Section 4: Unit Crimes
Chapter III: Penalties
Section 1: Types of Punishments
Section 2: Control
Section 3: Criminal Detention
Section 4: Fixed-term imprisonment or life imprisonment
Section 5: Death Penalty
Section 6: Fines
Section 7: Deprivation of political rights
Section 8: Confiscation of Property
Chapter IV: Specific Use of Punishments
Section 1: Sentencing
Section 2: Repeat offenders
Section 3: Voluntary Surrender and Meritorious Service
Section 4: Punishment for several crimes is combined
Section 5: Probation
Section 6: Commutation of Sentence
Section 7: Parole
Section 8: Statute of Limitations
Chapter V: Other Provisions
Part II Sub-provisions
Chapter I: Crimes of endangering national security
Chapter II: Crimes of endangering public security
Chapter III: Crimes of Undermining the Order of the Socialist Market Economy
Section 1: Crimes of producing and selling counterfeit and shoddy goods
Section 2: Crimes of smuggling
Section 3: Crimes of obstructing the management order of companies and enterprises
Section 4: Crimes of Undermining the Order of Financial Management
Section 5: Crimes of Financial Fraud
Section 6: Crimes of endangering tax collection and administration
Section 7: Crimes of Infringement of Intellectual Property Rights
Section 8: Crimes of Disrupting Market Order
Chapter IV: Crimes of Violating Citizens' Personal rights and Democratic Rights
Chapter V: Crimes of Infringement of Property
Chapter VI: Crimes of Obstructing the Order of Social Management
Section 1: Crimes of disturbing public order
Section 2: Crimes of obstructing the administration of justice
Section 3: Crimes of obstructing the management of national (border) borders
Section 4: Crimes of obstructing the management of cultural relics
Section 5: Crimes of endangering public health
Section 6: Crimes of undermining the protection of environmental resources
Section 7: Crimes of smuggling, trafficking, transporting, or manufacturing narcotics
Section 8: Crimes of organizing, coercing, inducing, accommodating, or introducing prostitution
Section 9: Crimes of producing, selling, or disseminating obscene materials
Chapter VII Crimes of Endangering the Interests of National Defense
Chapter VIII: Crimes of Corruption and Bribery
Chapter IX: Crimes of Dereliction of Duty
Chapter X Crimes of Violation of Duties by Military Personnel
Supplementary Provisions
Part I General Provisions
Chapter I: Tasks, Basic Principles and Scope of Application of Criminal Law
Article 1: This Law is formulated on the basis of the Constitution and in the light of our country's specific experience in fighting crime and the actual situation in order to punish crimes and protect the people.
Article 2 The task of the Criminal Law of the People's Republic of China is to use criminal punishment to fight against all criminal acts in order to safeguard national security, the regime of the people's democratic dictatorship and the socialist system, the protection of state-owned property and the property collectively owned by the working masses, the protection of privately owned property of citizens, the protection of citizens' personal, democratic and other rights, the maintenance of social and economic order, and the smooth progress of socialist construction.
Article 3: Where the law expressly provides for a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for a criminal act, it shall not be convicted and sentenced.
Article 4 All persons who commit crimes shall be equal in the application of the law. No one is allowed to have privileges beyond the law.
Article 5: The severity of criminal punishment shall be commensurate with the criminals' criminal conduct and the criminal responsibility they bear.
Article 6: This Law shall apply to any person who commits a crime within the territory of the People's Republic of China, unless otherwise provided for by law.
This Law shall also apply to any person who commits a crime on board a ship or aircraft of the People's Republic of China.
If any of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime committed within the territory of the People's Republic of China.
Article 7: Where citizens of the People's Republic of China commit crimes provided for in this Law outside the territory of the People's Republic of China, this Law shall apply, but where the maximum penalty provided for in this Law is fixed-term imprisonment of not more than three years, it may not be prosecuted.
This Law shall apply to state functionaries and servicemen of the People's Republic of China who commit crimes provided for in this Law outside the territory of the People's Republic of China.
Article 8: Where a foreigner commits a crime against the State or citizen of the People's Republic of China outside the territory of the People's Republic of China, and the minimum penalty provided for in this Law is fixed-term imprisonment of not less than three years, this Law may apply, except where he is not punished in accordance with the law of the place where the crime was committed.
Article 9: This Law shall apply to crimes provided for in international treaties concluded or acceded to by the People's Republic of China, where the People's Republic of China exercises criminal jurisdiction within the scope of the treaty obligations it has assumed.
Article 10: Whoever commits a crime outside the territory of the People's Republic of China and shall bear criminal responsibility in accordance with this Law may, although after a foreign trial, still pursue it in accordance with this Law, but where a criminal punishment has already been received in a foreign country, the punishment may be waived or mitigated.
Article 11 The criminal liability of foreigners enjoying diplomatic privileges and immunities shall be settled through diplomatic channels.
Article 12 If the law at that time does not consider a crime to be committed before the implementation of this Law after the founding of the People's Republic of China, the law of the time shall apply; If the law at that time considers it to be a crime, if it should be prosecuted in accordance with the provisions of chapter IV, section 8 of the general provisions of this Law, criminal responsibility shall be pursued in accordance with the law at that time, but if this Law does not consider it to be a crime or the sentence is relatively light, this Law shall apply.
Prior to the implementation of this Law, effective judgments already rendered in accordance with the laws of the time shall remain in force.
Chapter II: Crimes
Section 1: Crimes and Criminal Responsibility
Article 13 All acts that endanger State sovereignty, territorial integrity and security, split the country, subvert the regime of the people's democratic dictatorship, overthrow the socialist system, undermine social order and economic order, infringe upon state-owned property or property collectively owned by the working masses, infringe upon citizens' privately owned property, infringe upon citizens' personal rights, democratic rights and other rights, and other acts endangering society, are crimes that should be punished by punishment in accordance with the law, but those whose circumstances are obvious and minor and the harm is not great shall not be considered a crime.
Article 14: Those who knowingly know that their conduct will have harmful effects on society, and who wish or allow such results to occur, thereby constituting a crime, are intentional crimes.
Intentional crimes shall bear criminal responsibility.
Article 15: Where one's own conduct should be foreseen to have a consequence that endangers society, but is not foreseen because of negligence, or has foreseen and credulously believes that it can be avoided, so that such a result occurs, it is a crime of negligence.
Only those who commit negligent crimes shall be criminally liable if they are provided for by law.
Article 16: Although an act objectively causes a result of harm, it is not a crime if it is not caused by intent or negligence, but by reasons that cannot be resisted or foreseen.
Article 17: Persons who have reached the age of 16 shall bear criminal responsibility for committing a crime.
A person who has reached the age of 14 but not yet reached the age of 16 shall bear criminal responsibility for the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or release of dangerous substances.
Where a person who has reached the age of 12 but not yet reached the age of 14 commits the crime of intentional homicide or intentional injury, causing death to a person or causing serious injury by particularly cruel means, causing serious disability, and the circumstances are heinous, and the prosecution is approved by the Supreme People's Procuratorate, he shall bear criminal responsibility.
Persons under the age of 18 who are to be pursued for criminal responsibility in accordance with the provisions of the preceding three paragraphs shall be given a mitigated or mitigated punishment.
Where criminal punishment is not granted because they are under the age of 16, order their parents or other guardians to discipline them; when necessary, conduct special correctional education in accordance with law.
Article 17-1 Where a person who has reached the age of 75 intentionally commits a crime, he may be given a mitigated or mitigated punishment; Where a crime is committed through negligence, the punishment shall be mitigated or mitigated.
Article 18: Where a mentally ill person causes harmful results when he or she is unable to identify or control his or her own conduct, and is confirmed by legally prescribed procedures, he shall not bear criminal responsibility, but shall be ordered to strictly supervise and provide medical treatment to his family or guardian; When necessary, compulsory treatment is imposed by the government.
Intermittent mentally ill persons who commit crimes while mentally normal shall bear criminal responsibility.
Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or mitigated.
A person who is drunk commits a crime shall bear criminal responsibility.
Article 19: Persons who are deaf and mute or who are blind may be given a mitigated, mitigated or exempt punishment if they commit a crime.
Article 20: Acts taken to stop unlawful infringements in order to protect the State, the public interest, or the person, property, and other rights of the person, property, or others from ongoing unlawful infringement, causing harm to the wrongdoer, are legitimate defense and do not bear criminal responsibility.
Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but the punishment shall be mitigated or waived.
Where a person commits a defensive act in the course of committing murder, homicide, robbery, rape, kidnapping, or other violent crimes that seriously endanger personal safety, causing the death or injury of an unlawful infringer, it is not excessive defense and does not bear criminal responsibility.
Article 21: Whoever, in order to protect the State, the public interest, the person, property or other rights of himself or others from the ongoing danger, shall not bear criminal responsibility for acts of emergency risk avoidance that he or she has no choice but to take.
Where emergency risk avoidance exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but the punishment shall be mitigated or waived.
The provisions of the first paragraph on avoiding personal danger do not apply to persons with specific responsibilities in their duties or in business.
Section 2: Preparation, attempt, and suspension of crimes
Article 22: Preparation of tools and conditions for the purpose of committing a crime is preparation for the crime.
For preparatory offenders, the punishment may be mitigated, mitigated or exempted from punishment, as may be done.
Article 23: Where a crime has already been committed and is not successful due to reasons other than the will of the criminal, it is an attempt to commit a crime.
For attempted offenders, the punishment may be mitigated or mitigated in the same way as for the completed offender.
Article 24: Where in the course of committing a crime, the crime is automatically abandoned or the result of the crime is automatically and effectively prevented from occurring, where the crime is suspended.
Where no harm is caused to the suspension of the offender, the penalty shall be waived; Where harm is caused, the punishment shall be mitigated.
Section 3: Joint Crimes
Article 25: Joint crime refers to two or more persons committing a joint intentional crime.
If two or more persons commit a crime of joint negligence, it shall not be punished as a joint crime; Those who should bear criminal responsibility shall be punished separately according to the crimes they have committed.
Article 26: Those who organize or lead criminal groups to carry out criminal activities or play a major role in joint crimes are the principal offenders.
A relatively fixed criminal organization formed by three or more people to commit a crime jointly is a criminal group.
The ringleaders who organize or lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all the crimes in which they participated, or in which they were organized or directed.
Article 27: Where they play a secondary or auxiliary role in a joint crime, they are accessories.
Accessories shall be given mitigated, mitigated or exempted punishment.
Article 28: Where coercion is made to participate in a crime, punishment shall be mitigated or waived in accordance with the circumstances of his crime.
Article 29: Whoever instigates another person to commit a crime shall be punished in accordance with the role he played in the joint crime. Whoever 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 crime of instigation, the instigator may be given a mitigated or mitigated punishment.
Section 4: Unit Crimes
Article 30 Where a company, enterprise, public institution, organ or group commits an act endangering society, which is prescribed by law as a crime committed by a unit, it shall bear criminal responsibility.
Article 31: Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to criminal punishment. Where there are other provisions in sub-provisions of this Law and other laws, follow those provisions.
Chapter III: Penalties
Section 1: Types of Punishments
Article 32: Punishments are divided into primary and additional punishments.
Article 33: The types of principal punishments are as follows:
(1) control;
(2) Criminal detention;
(3) Fixed-term imprisonment;
(4) Life imprisonment;
(5) Death penalty.
Article 34: The types of additional punishments are as follows:
(1) Fines;
(2) Deprivation of political rights;
(3) Confiscation of property.
Additional penalties may also be applied independently.
Article 35: For foreigners who commit crimes, deportation may be applied independently or additionally.
Article 36: Where victims suffer economic losses as a result of a criminal act, in addition to being given criminal punishment in accordance with law, the criminals shall be sentenced to compensation for economic losses on the basis of the circumstances.
Where a criminal who bears civil compensation liability is also sentenced to a fine, and his property is insufficient to pay in full, or where his property is sentenced to confiscation, he shall first bear the civil compensation liability for the victim.
Article 37: Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but on the basis of the different circumstances of the case, a reprimand or order to show remorse, make a formal apology, compensate for losses, or have the competent departments give an administrative punishment or administrative punishment.
Article 37-1 Where a person is sentenced to a criminal punishment for using his profession to facilitate the commission of a crime, or for committing a crime that violates a specific obligation required by the profession, the people's court may, on the basis of the circumstances of the crime and the need to prevent re-offending, prohibit him from engaging in relevant occupations from the date on which the criminal punishment is completed or the date of parole, for a period of three to five years.
Where a person prohibited from engaging in a relevant profession violates a decision made by a people's court in accordance with the provisions of the preceding paragraph, the public security organs are to give punishment in accordance with law; Where the circumstances are serious, they shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Where other laws or administrative regulations have other prohibitions or restrictive provisions on their engagement in relevant occupations, follow those provisions.
Section 2: Control
Article 38 The period of control shall be three months to two years.
Sentences to control may be based on the circumstances of the crime, while prohibiting criminals from engaging in specific activities, entering specific areas, places, and contacting specific people during the enforcement period.
Community corrections are to be carried out in accordance with law for criminals sentenced to public surveillance.
Where a restraining order is violated in the second paragraph, the public security organ shall punish it in accordance with the provisions of the "Law of the People's Republic of China on Public Security Administration Punishments".
Article 39: Criminals sentenced to controlled release shall comply with the following provisions during enforcement:
(1) Abide by laws and administrative regulations, and obey supervision;
(2) The right to freedom of speech, publication, assembly, association, procession, or demonstration must not be exercised without the approval of the executive organs;
(3) Reporting on their own activities in accordance with the provisions of the enforcement organs;
(4) Abide by the provisions of the executive organs on meeting guests;
(5) Leaving the city or county where they live or relocating shall be reported to the enforcement organs for approval.
For criminals sentenced to control, equal pay for equal work shall be given in the course of their work.
Article 40: When the period of control expires for a criminal convicted of public surveillance, the enforcement organ shall immediately announce the lifting of control to himself or herself and to the masses in his or her unit or place of residence.
Article 41: The length of the sentence under control is calculated from the date of execution of the judgment; Where the sentence is carried out prior to the execution of the sentence, one day of detention shall be offset by two days of the sentence.
Section 3: Criminal Detention
Article 42 The period of short-term detention shall be one month to six months.
Article 43: Criminals sentenced to short-term detention are to be enforced by the public security organs nearby.
During execution, criminals sentenced to short-term detention can go home for one to two days a month; Those who participate in labor may be paid remuneration according to their discretion.
Article 44 The length of the sentence for criminal detention shall be calculated from the date of execution of the judgment; Where the sentence is preemptively detained before the judgment is enforced, one day of detention is offset by one day of the sentence.
Section 4: Fixed-term imprisonment or life imprisonment
Article 45 The period of fixed-term imprisonment shall, except as provided for in Articles 50 and 69 of this Law, be six months to fifteen years.
Article 46:Criminals sentenced to fixed-term imprisonment or life imprisonment are to be executed in prison or other enforcement sites; All those who are able to work shall participate in labor and receive education and reform.
Article 47: The length of fixed-term imprisonment is calculated from the date of execution of the judgment; Where the sentence is preemptively detained before the judgment is enforced, one day of detention is offset by one day of the sentence.
Section 5: Death Penalty
Article 48 The death penalty applies only to criminals whose crimes are extremely serious. For criminals who should be sentenced to death, if it is not necessary to carry out immediate execution, the death penalty may be imposed and a two-year suspension of execution is pronounced.
The death penalty shall be submitted to the Supreme People's Court for approval, except where it is decided by the Supreme People's Court in accordance with law. Where the execution of the death penalty is suspended, the High People's Court may make a judgment or approve it.
Article 49 The death penalty shall not be applied to persons who were under the age of eighteen at the time of the commission of the crime and to women who were pregnant at the time of trial.
The death penalty shall not apply to persons who have attained the age of seventy-five at the time of trial, except where death is caused by particularly cruel means.
Article 50 Where a death sentence is sentenced to a suspended period of execution, during the period of suspension of execution of the death penalty, if there is no intentional crime, after the expiration of the two-year period, the sentence is commuted to life imprisonment; If there is indeed a major meritorious performance, after the expiration of the two-year period, it shall be reduced to twenty-five years' imprisonment; If the crime is committed intentionally, and the circumstances are heinous, the death penalty shall be carried out after reporting to the Supreme People's Court for approval; Where the death penalty is not carried out for intentional crimes, the period of suspension of execution of the death penalty is recalculated and reported to the Supreme People's Court for the record.
For repeat offenders sentenced to a suspended death sentence, as well as criminals sentenced to a suspended death sentence for intentional homicide, rape, robbery, kidnapping, arson, explosion, release of dangerous substances, or organized violent crimes, the people's courts may, on the basis of the circumstances of the crime, simultaneously decide to restrict the commutation of their sentences.
Article 51: The period of suspension of execution of the death penalty is calculated from the date on which the judgment is determined. The period of commutation of the death penalty to fixed-term imprisonment shall be calculated from the date on which the period of suspension of execution of the death penalty expires.
Section 6: Fines
Article 52:Where a fine is awarded, the amount of the fine shall be determined on the basis of the circumstances of the crime.
Article 53:Fines are to be paid once or in installments within the time limit specified in the judgment. If the payment is not made at the end of the period, the payment shall be compulsory. Where the fine cannot be paid in full, the people's court shall, at any time, discover that the person subject to enforcement has property that can be enforced, and shall pursue the payment at any time.
Where there are real difficulties in payment due to irresistible disasters or other reasons, upon the people's court's ruling, payment may be deferred, reduced or exempted as appropriate.
Section 7: Deprivation of political rights
Article 54:Deprivation of political rights is deprivation of the following rights:
(1) The right to vote and to be elected;
(b) the right to freedom of speech, the press, assembly, association, procession and demonstration;
(3) the right to hold office in a State organ;
(4) The right to hold leading positions in State-owned companies, enterprises, public institutions, and people's organizations.
Article 55 The period for deprivation of political rights shall, except as provided for in Article 57 of this Law, be not less than one year but not more than five years.
Where control is imposed with additional deprivation of political rights, the period of deprivation of political rights is equal to the period of control and is to be enforced at the same time.
Article 56:Criminals endangering national security shall be additionally deprived of political rights; Criminals who seriously disrupt social order, such as intentional homicide, rape, arson, explosions, poisoning, robbery, etc., may be deprived of political rights on an additional basis.
Where deprivation of political rights is applied independently, the provisions of sub-provisions of this Law shall be followed.
Article 57:Criminals sentenced to death or life imprisonment shall be deprived of their political rights for life.
When the suspension of the death penalty is commuted to fixed-term imprisonment or the life sentence is commuted to fixed-term imprisonment, the period for additional deprivation of political rights shall be changed to three to ten years.
Article 58:The additional period of imprisonment for deprivation of political rights shall be calculated from the date on which the sentence or criminal detention is completed or from the date of parole; The effect of deprivation of political rights is of course applied to the period of execution of the main sentence.
Criminals deprived of their political rights shall, during the enforcement period, abide by laws, administrative regulations, and the provisions of the public security department under the State Council on supervision and management, and obey supervision; The rights provided for in Article 54 of this Law shall not be exercised.
Section 8: Confiscation of Property
Article 59:Confiscation of property is the confiscation of one or all of the personal property owned by criminals. Where all property is confiscated, the necessary living expenses shall be retained for the individual offender and his or her dependent family.
When confiscating property, property belonging to the criminal's family members or due to the offender must not be confiscated.
Article 60 Where the legitimate debts incurred by criminals before the confiscation of property need to be repaid with confiscated property, they shall be repaid upon the request of creditors.
Chapter IV: Specific Use of Punishments
Section 1: Sentencing
Article 61: When deciding on the punishment of a criminal, it shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.
Article 62:Where criminals have the circumstances of heavier punishment or mitigating punishment provided for in this Law, they shall be sentenced to a criminal punishment within the limits of the legally prescribed punishment.
Article 63:Where criminals have the mitigating circumstances provided for in this Law, they shall be sentenced to a criminal punishment below the legally prescribed sentence; Where this Law provides for several sentencing ranges, a penalty shall be imposed within the next sentencing range of the statutory sentencing range.
Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a criminal punishment below the statutory sentence on the basis of the special circumstances of the case and with the approval of the Supreme People's Court.
Article 64:All property illegally obtained by criminals shall be recovered or ordered to be returned; Victims' lawful property shall be promptly returned; Contraband and personal property used in the commission of a crime shall be confiscated. Confiscated property and fines shall be handed over to the State Treasury and shall not be misappropriated or disposed of by oneself.
Section 2: Repeat offenders
Article 65:Where a criminal sentenced to a sentence of fixed-term imprisonment or above commits a crime within five years after the completion of the punishment or after the pardon has been granted, he or she commits a crime that should be sentenced to a sentence of fixed-term imprisonment or above, is a repeat offender and shall be given a heavier punishment, except for crimes of negligence or crimes committed by persons under the age of 18.
The period provided for in the preceding paragraph shall be calculated from the date on which the parole period expires for criminals who have been paroleed.
Article 66:Whoever commits a crime endangering national security, a terrorist activity crime, or an organized crime of a triad nature, and at any time after the completion of the punishment or amnesty, commits any of the above-mentioned types of crimes again, shall be punished as repeat offenders.
Section 3: Voluntary Surrender and Meritorious Service
Article 67:Those who voluntarily surrender after committing a crime and truthfully confess their crime are voluntarily surrendering. For criminals who surrender voluntarily, the punishment may be mitigated or mitigated. Among them, those who commit a relatively minor crime may be exempted from punishment.
Where criminal suspects, defendants, or convicts who are serving sentences who have been subject to compulsory measures truthfully confess other crimes that the judicial organs have not yet mastered, they are deemed to have surrendered voluntarily.
Although a criminal suspect does not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, but truthfully confesses his or her crime, he may be given a lenient punishment; Where they truthfully confess their crimes and avoid particularly serious consequences, they may be given a mitigated punishment.
Article 68:Where criminals have made meritorious performance such as exposing another person's criminal conduct, verifying that it is true, or providing important clues, so as to be able to crack other cases, the punishment may be mitigated or mitigated; Where there are major meritorious performances, the punishment may be mitigated or waived.
Section 4: Punishment for several crimes is combined
Article 69 Where a person commits several crimes before the judgment is pronounced, in addition to the death penalty or life imprisonment, the maximum period of imprisonment shall be determined at its discretion below the sum of the sentences and the maximum sentence of several sentences, provided that the maximum period of public surveillance shall not exceed three years, the maximum period of detention shall not exceed one year, the total term of fixed-term imprisonment shall not exceed 35 years, the maximum shall not exceed 20 years, and if the total sentence is more than 35 years, the maximum shall not exceed 25 years.
Where fixed-term imprisonment or short-term detention are imposed for several crimes, the fixed-term imprisonment shall be carried out. Where a sentence of fixed-term imprisonment or public surveillance is imposed for several crimes, or short-term detention and public surveillance, the public surveillance shall still be carried out after the execution of the fixed-term imprisonment or criminal detention has been completed.
Where additional punishments are imposed for several crimes, the additional punishments must still be enforced, where the additional punishments are of the same type, they are to be enforced jointly, and where the types are different, they are to be enforced separately.
Article 70:After the judgment is pronounced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been judged before the judgment is pronounced, a judgment shall be made on the newly discovered crime, and the punishment imposed by the two judgments before and after the sentence shall be decided to be enforced in accordance with the provisions of article 69 of this Law. The sentence already executed shall be calculated within the length of the sentence decided in the new judgment.
Article 71:After the judgment is pronounced, and before the execution of the criminal punishment is completed, the convicted criminal commits another crime, a judgment shall be made on the newly convicted crime, and the punishment for the previous crime that was not carried out and the punishment imposed for the subsequent crime shall be decided in accordance with the provisions of article 69 of this Law.
Section 5: Probation
Article 72:Where criminals sentenced to short-term detention or fixed-term imprisonment of less than three years meet the following conditions, a suspended sentence may be pronounced, and a suspended sentence shall be pronounced for persons under the age of 18, pregnant women, and persons who have reached the age of seventy-five:
(1) The circumstances of the crime are relatively minor;
(2) Shown remorse;
(3) There is no risk of re-offending;
(4) Declare that the probation has no major adverse impact on the community in which it resides.
The pronouncement of a suspended sentence may, on the basis of the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities during the probationary period of probation, entering specific areas and places, and contacting specific people.
If a criminal who has been given a suspended sentence is sentenced to an additional sentence, the additional sentence must still be enforced.
Article 73 The probationary period for suspended sentence for criminal detention shall be not more than one year from the original sentence, but not less than two months.
The probationary period for fixed-term imprisonment shall be five years but not less than one year.
The probation period for probation shall be calculated from the date on which the judgment is determined.
Article 74:Suspended sentences shall not apply to repeat offenders and ringleaders of criminal groups.
Article 75:Criminals who have been given a suspended sentence shall abide by the following provisions:
(2) Reporting their own activities in accordance with the provisions of the inspection organs;
(3) Abide by the regulations of the inspection organ on meeting guests;
(4) Leaving the city or county where they live or moving to a new location shall be reported to the inspection organ for approval.
Article 76: Community corrections are to be carried out in accordance with law during the probationary period for a suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period for the suspended sentence expires, and the original sentence is no longer enforced, and it is publicly announced.
Article 77:Where a criminal who has been given a suspended sentence commits a new crime within the probationary period of probation, or discovers that there are other crimes that have not been pronounced before the judgment is pronounced, the suspended sentence shall be revoked, a judgment shall be made on the newly committed crime or the newly discovered crime, and the punishment imposed for the previous and subsequent crimes shall be decided in accordance with the provisions of article 69 of this Law.
Where a criminal who has been given a suspended sentence violates laws, administrative regulations, or the provisions of the relevant departments of the State Council on the supervision and management of suspended sentences during the probationary period of probation, or violates the restraining order in the people's court's judgment, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.
Section 6: Commutation of Sentence
Article 78:Criminals sentenced to public surveillance, short-term detention, fixed-term imprisonment, or life imprisonment may, during the enforcement period, have their sentence commuted if they conscientiously abide by prison regulations, accept education and reform, and truly show repentance, or have meritorious service; Where there is any of the following major meritorious performances, the sentence shall be commuted:
(1) Obstructing others' major criminal activities;
(2) Reporting major criminal activities inside or outside prisons, where upon investigation it is verified to be true;
(3) having inventions or creations or major technological innovations;
(4) Sacrificing oneself to save others in daily production or daily life;
(5) Those who have outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Other major contributions to the State and society.
The sentence actually executed after the commutation of sentence shall not be less than the following periods:
(1) Where a person sentenced to public surveillance, short-term detention, or fixed-term imprisonment must not be less than one-half of the original sentence;
(2) Where a life sentence is imposed, it must not be less than 13 years;
(3) Where a person whose death sentence is suspended in accordance with the provisions of paragraph 2 of article 50 of this Law, and whose death sentence is commuted to life imprisonment in accordance with law after the suspension of execution expires, it must not be less than 25 years, and where the suspension period of execution is lawfully reduced to 25 years' fixed-term imprisonment after the suspension period expires, it must not be less than 20 years.
Article 79:For commutation of criminals' sentences, the enforcement organs are to submit a recommendation for commutation of sentence to a people's court at the intermediate level or above. The people's court shall form a collegial panel to conduct a trial, and rule that where there are truly facts of repentance or meritorious service, rule to commute the sentence. No commutation of sentence may be made except through legally prescribed procedures.
Article 80:The length of a sentence commuted to fixed-term imprisonment is calculated from the date on which the commutation is ruled.
Section 7: Parole
Article 81:Criminals sentenced to fixed-term imprisonment who carry out more than one-half of the original sentence and who have been sentenced to life imprisonment may be released on parole if they conscientiously abide by prison regulations, accept education and reform, show repentance, and are not in danger of committing another crime. If there are special circumstances, upon approval by the Supreme People's Court, the above-mentioned restrictions on the duration of the sentence may be waived.
Recidivism and offenders sentenced to fixed-term imprisonment of not less than ten years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent sexual crimes shall not be released on parole.
When deciding on parole for a criminal, consideration shall be given to the impact of parole on the community in which he or she resides.
Article 82:Parole for criminals is to be conducted in accordance with the procedures provided for in Article 79 of this Law. Parole may not be granted without going through legal procedures.
Article 83:The probationary period for parole for fixed-term imprisonment shall be the period of imprisonment that has not been completed; The parole probation period for life imprisonment is ten years.
The probationary period for parole is calculated from the date of parole.
Article 84:Criminals who have been declared on parole shall comply with the following provisions:
(2) Reporting their own activities in accordance with the provisions of the supervisory organs;
(3) Abide by the regulations of the supervisory authorities on meeting guests;
(4) Leaving the city or county where they live or relocating shall be reported to the supervisory organs for approval.
Article 85:For criminals released on parole, community corrections are to be carried out in accordance with law during the probationary period for parole, and if there are no circumstances provided for in article 86 of this Law, the probationary period for parole expires, and the original sentence is deemed to have been completed, and a public announcement is made.
Article 86:Convicts released on parole who commit a new crime within the probationary period for parole shall have parole revoked and punished several crimes together in accordance with the provisions of article 71 of this Law.
During the probationary period of parole, if it is discovered that the criminal on parole has not been convicted of other crimes before the verdict is pronounced, parole shall be revoked and punishment shall be carried out in accordance with the provisions of article 70 of this Law.
Where a criminal released on parole violates laws, administrative regulations, or the relevant state council departments' provisions on the supervision and management of parole during the probationary period for parole, and has not yet constituted a new crime, he shall revoke parole in accordance with legally prescribed procedures and be taken into custody to carry out the unfinished criminal punishment.
Section 8: Statute of Limitations
Article 87:Crimes are not prosecuted after the following periods:
(1) Where the maximum statutory sentence is less than five years of fixed-term imprisonment, five years have elapsed;
(2) Where the maximum statutory sentence is fixed-term imprisonment of not less than five years but not more than 10 years, 10 years have elapsed;
(3) Where the maximum statutory sentence is fixed-term imprisonment of 10 years or more, 15 years have elapsed;
(4) Where the maximum statutory sentence is life imprisonment or the death penalty, twenty years have elapsed. If it is found after 20 years that prosecution is necessary, it must be reported to the Supreme People's Procuratorate for approval.
Article 88:Where people's procuratorates, public security organs, or state security organs file and investigate a case, or after a people's court accepts a case, they evade investigation or trial, they are not subject to the time limit for prosecution.
Where the victim raises a complaint within the time limit for prosecution, and the people's court, people's procuratorate, or public security organ shall file the case but not file the case, the time limit for prosecution is not limited.
Article 89:The time limit for prosecution is calculated from the date of the crime; Where a criminal act has a continuous or continuous status, it is calculated from the date on which the criminal act ends.
Where another crime is committed within the time limit for prosecution, the period for prosecution of the previous crime is calculated from the date on which the latter crime was committed.
Chapter V: Other Provisions
Article 90:Where the provisions of this Law cannot be fully applied to ethnic autonomous areas, the people's congress of the autonomous region or province may, on the basis of the political, economic, and cultural characteristics of the local ethnic group and the basic principles provided for in this Law, formulate flexible or supplementary provisions, and report them to the Standing Committee of the National People's Congress for approval and implementation.
Article 91:"Public property" as used in this Law refers to the following property:
(1) State-owned property;
(2) property collectively owned by the working masses;
(3) Property used for social donations or special funds for poverty alleviation and other public welfare undertakings.
Private property in the management, use or transportation of state organs, state-owned companies, enterprises, collective enterprises and people's organizations shall be regarded as public property.
Article 92:"Privately owned property" as used in this Law refers to the following property:
(1) Citizens' lawful income, savings, housing and other means of subsistence;
(2) The means of production owned by individuals and families in accordance with law;
(3) the lawful property of self-employed persons and private enterprises;
(4) Shares, stocks, bonds and other property owned by individuals in accordance with law.
Article 93:"State functionaries" as used in this Law refers to persons engaged in public service in State organs.
Personnel engaged in public service in State-owned companies, enterprises, public institutions and people's organizations, as well as persons appointed by state organs, state-owned companies, enterprises and public institutions to engage in public service in non-state-owned companies, enterprises, public institutions and social organizations, as well as other persons engaged in public service in accordance with the law, shall be counted as State functionaries.
Article 94: "Judicial personnel" as used in this Law refers to staff with investigative, procuratorial, trial, or supervisory duties.
Article 95:"Serious injury" as used in this Law refers to injury in any of the following circumstances:
(1) Mutilation of a person's body or disfigurement;
(2) Causing a person to lose the function of hearing, vision or other organs;
(3) Others that have major harm to personal health.
Article 96: "Violation of State provisions" as used in this Law refers to violations of laws and decisions formulated by the National People's Congress and its Standing Committee, administrative regulations formulated by the State Council, administrative measures provided for, and decisions and orders issued.
Article 97: "Ringleaders" as used in this Law refers to criminals who play an organizing, planning, or directing role in crimes committed by criminal groups or gathering crowds.
Article 98: "Handling only after telling" as used in this Law refers to the victim's handling of it only after telling. If the victim is unable to tell because of coercion or intimidation, the people's procuratorate and the victim's close relatives may also tell.
Article 99: "Above, below, and within" as used in this Law includes this number.
Article 100: When enlisting in the armed forces or finding employment, persons who have received criminal punishment in accordance with law shall truthfully report to the relevant units that they have received criminal punishment and must not conceal it.
A person who was under the age of 18 at the time of the crime and was sentenced to a sentence of not more than five years' imprisonment shall be exempted from the reporting obligation provided for in the preceding paragraph.
Article 101 The general provisions of this Law shall apply to other laws that provide for criminal punishment, except where other laws have special provisions.
Part II Sub-provisions
Chapter I: Crimes of endangering national security
Article 102 Whoever colludes with a foreign state to endanger 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 10 years.
Whoever colludes with a foreign institution, organization, or individual to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Article 103 Whoever organizes, plans or carries out the splitting of the country or undermines the unity of the state shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years for the ringleaders or for serious crimes; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Anyone else who participates shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever incites separatism or undermines national unity shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; Whoever is the ringleader or commits a serious crime shall be sentenced to fixed-term imprisonment of not less than five years.
Article 104 Whoever organizes, plans or carries out an armed rebellion or armed riot shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years for the ringleaders or for a serious crime; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Anyone else who participates shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever instigates, coerces, seduces, or bribes state organ functionaries, armed forces personnel, people's police, or militia to carry out armed rebellion or armed rebellion shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 105 Whoever organizes, plans or carries out subversion of state power or overthrows the socialist system shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years for the leading elements or for serious crimes; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Anyone else who participates shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever, by means of rumor-mongering, slandering or otherwise inciting subversion of State power or overthrowing the socialist system, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; Whoever is the ringleader or commits a serious crime shall be sentenced to fixed-term imprisonment of not less than five years.
Article 106 Whoever colludes with a foreign institution, organization or individual to commit the crimes provided for in Articles 103, 104 or 105 of this Chapter shall be given a heavier punishment in accordance with the provisions of those Articles.
Article 107 Whoever, with financial support from a domestic or foreign institution, organization or individual, commits the crimes provided for in Articles 102, 103, 104 or 105 of this Chapter, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights to the persons directly responsible; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 108 Whoever defects to the enemy shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever, if the circumstances are serious or leads personnel of the armed forces, people's police or militia to defect to the enemy, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 109 Whoever, during the performance of his or her official duties, leaves his post without authorization, defects abroad or defects abroad, 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Whoever holds state secrets defects abroad or defects outside the territory of the country shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 110 Whoever commits any of the following acts of espionage endangers national security shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
(1) Participating in a spy organization or accepting the tasks of a spy organization or its agents;
(2) Instructing the enemy to bombard targets.
Article 111 Whoever steals, spies, bribes or illegally provides state secrets or intelligence to a foreign institution, organization or personnel shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; Where the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are less serious, he 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, in time of war, supplies the enemy with weapons, equipment, or military materials, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 113:Among the above-mentioned crimes endangering national security in this chapter, except for the second paragraph of article 103, article 105, article 107, and article 109, where the harm to the state and the people is particularly serious and the circumstances are particularly heinous, the death penalty may be imposed.
Whoever commits the offences of this Chapter may also be sentenced to confiscation of property.
Chapter II: Crimes of endangering public security
Article 114 Whoever sets fire, breaks water, explodes, or releases poisonous, radioactive, infectious disease pathogens or other substances or endangers public safety by other dangerous methods, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 Whoever sets fire, breaks water, explodes, or releases poisonous, radioactive, infectious disease pathogens or other substances, or uses other dangerous methods to cause serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 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 but not more than seven years; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 116 Whoever destroys a train, automobile, tram, vessel or aircraft sufficient to cause a train, automobile, tram, vessel or aircraft to overturn or destroy danger, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 117 Whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs or other destructive activities, which is sufficient to cause a train, automobile, tram, vessel or aircraft to capsize or destroy, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 118 Whoever destroys electricity, gas or other inflammable and explosive equipment, endangers public safety, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 119 Whoever destroys means of transportation, transportation facilities, electric power equipment, gas equipment or inflammable and explosive equipment, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 120:Whoever organizes or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to confiscation of property; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Any other person who participates shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may also be fined.
Whoever commits the crime mentioned in the preceding paragraph and commits a crime such as homicide, explosion, or kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 120-1 Whoever funds terrorist organizations or individuals carrying out terrorist activities, or who finances training in terrorist activities, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated.
Whoever recruits or transports personnel for the purpose of organizing, carrying out terrorist activities, or training in terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph. ”
Article 120-2 Whoever, in any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated:
(1) Preparing murder weapons, dangerous goods or other tools for the purpose of carrying out terrorist activities;
(2) Organizing terrorist activity training or actively participating in terrorist activity training;
(3) Liaising with foreign terrorist organizations or personnel for the purpose of carrying out terrorist activities;
(4) Planning or other preparations for the carrying out of terrorist activities.
Whoever commits the acts mentioned in the preceding paragraph and at the same time constitutes another crime shall be convicted and punished in accordance with the provisions on heavier punishments.
Article 120-3 Whoever, by producing or distributing books, audio or video materials or other items advocating terrorism or extremism, or who promotes terrorism or extremism through methods such as teaching or publishing information, or incites the commission of terrorist activities, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated.
Article 120:Whoever uses extremism to incite or coerce the masses to undermine the marriage, judicial, educational, social management, or other such systems established by State law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or have his property confiscated.
Article 120:Whoever, by means of violence or coercion, compels another person to wear or wear costumes or symbols advocating terrorism or extremism in a public place shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Article 120-6 Whoever knowingly possesses books, audio or video materials or other items that advocate terrorism or extremism, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone.
Article 121 Whoever hijacks an aircraft by force, coercion or other means shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; Whoever causes serious injury, death or serious damage to an aircraft shall be punished by death.
Article 122 Whoever, by violence, coercion or other means, hijacks a vessel or a car shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 123 Whoever uses violence against a person on board an aircraft in flight, endangering the safety of the flight, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than five years.
Article 124 Whoever sabotages radio and television facilities or public telecommunications facilities and endangers public safety shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 125 Whoever illegally manufactures, trades, transports, mails or stores firearms, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever illegally manufactures, trades, transports or stores poisonous, radioactive, infectious disease pathogens, or other such substances, endangering public safety, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 126:Where a firearms manufacturing or sales enterprise designated or identified in accordance with law violates the provisions on the management of firearms and commits any of the following acts, the unit shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment:
(1) Manufacturing or placing firearms in excess of the quota for the purpose of illegal sales or not following the prescribed varieties;
(2) Manufacturing firearms without numbers, heavy numbers, or false numbers for the purpose of illegal sales;
(3) Illegally selling firearms or selling firearms manufactured for export within the territory of the People's Republic of China.
Article 127 Whoever steals or robs firearms, ammunition or explosives, or steals or robs poisonous, radioactive or infectious disease pathogens or other substances, endangering public safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever robs firearms, ammunition or explosives, or robs poisonous, radioactive, infectious disease pathogens or other substances, endangering public safety, or steals or robs firearms, ammunition or explosives of state organs, military and police personnel or militia, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 128 Whoever, in violation of provisions on firearms management, illegally possesses or secretly possesses firearms 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever, in accordance with law, is equipped with a gun for official use and illegally leases or lends firearms shall be punished in accordance with the provisions of the preceding paragraph.
Whoever illegally rents or lends firearms by a person who is lawfully equipped with firearms, causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the second and third paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 129 Whoever is equipped with a gun for official use in accordance with law and loses a firearm and fails to report it in a timely manner, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 130 Whoever illegally carries firearms, ammunition, controlled knives or explosive, flammable, radioactive, poisonous or corrosive articles into a public place or public transportation, endangering public safety, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 131 Whoever, in violation of rules and regulations, causes a major flight accident to occur, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes the crash of an aircraft or the death of a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 132 Whoever, in violation of rules and regulations, causes a safety accident in railway operation and causes serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 133 Whoever, in violation of the laws and regulations on the administration of transportation, thereby causing a major accident, causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a transportation accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death by fleeing shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 133-1 Whoever drives a motor vehicle on the road in any of the following circumstances shall be sentenced to criminal detention and shall also be fined:
(1) Chasing and racing, where the circumstances are heinous;
(2) Driving a motor vehicle while intoxicated;
(3) Engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed;
(4) Transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the acts mentioned in items 3 and 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and at the same time constitutes other crimes shall be convicted and punished in accordance with the provisions on heavier punishments.
Article 133-2 Whoever uses violence or a snatching control driving control device to a driver of a moving public transportation vehicle, interferes with the normal operation of the public transportation vehicle, endangers public safety, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined or fined alone.
Where a driver provided for in the preceding paragraph leaves his post without authorization on a public transportation vehicle in operation, beats or beats another person with another person, endangering public safety, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and at the same time constitutes other crimes shall be convicted and punished in accordance with the provisions on heavier punishments. ”
Article 134 Whoever, in the course of production or operation, violates the provisions on safety management, thereby causing a major casualty or accident or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever commits particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever compels another person to carry out risky operations in violation of regulations, or knowingly knows that there are hidden dangers of major accidents but does not exclude them, still takes the risk of organizing operations, thereby causing major casualties or accidents or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
Article 134-1 Whoever, in any of the following circumstances, violates the provisions on safety management in production or operation, and is in real danger of causing a major casualty accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance:
(1) Shutting down or destroying monitoring, alarming, protective, or life-saving equipment or facilities directly related to production safety, or tampering with, concealing, or destroying their relevant data or information;
(2) Being ordered to stop production and business, stop construction, stop using relevant equipment, facilities, or venues, or immediately take measures to eliminate hazards due to the existence of hidden dangers of major accidents
(3) Engaging in mining, metal smelting, construction construction, production, operation, and other highly dangerous production operations such as the production, operation, and storage of dangerous goods without lawful approval or permission for matters involving production safety.
Article 135 Where production safety facilities or conditions for safe production do not conform to State regulations, and a major casualty accident occurs or causes other serious consequences, the directly responsible supervisor and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever commits particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 135-1 Whoever organizes a large-scale mass activity violates safety management regulations, thereby causing a major casualty accident or causing other serious consequences, the directly responsible managers and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever commits particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 136 Whoever, in violation of the provisions on the management of explosive, flammable, radioactive, poisonous or corrosive articles, commits a major accident in the course of production, storage, transportation or use, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 137 Where a construction unit, design unit, construction unit or project supervision unit violates State regulations by lowering project quality standards and causing a major safety accident, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Article 138 Whoever, knowingly knows that a school building or educational and teaching facility is in danger, fails to take measures or fails to report it in a timely manner, resulting in the occurrence of a major casualty or accident, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the persons directly responsible; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 139 Whoever, in violation of the fire control management regulations, refuses to take corrective measures upon notification by the fire control supervision body, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the directly responsible personnel; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 139-1 Whoever, after a safety incident occurs, a person with the duty of reporting fails to report or falsely reports the circumstances of the accident, delays the rescue of the accident, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Chapter III: Crimes of Undermining the Order of the Socialist Market Economy
Section 1: Crimes of producing and selling counterfeit and shoddy goods
Article 140 Whoever adulterates or adulterates a product, pretends to be genuine, uses shoddy products to pass off as qualified products, and sells a sales amount of between 50,000 yuan and less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall alone, be fined not less than 50 percent but not more than two times the sales amount; Whoever sells a sales amount of 200,000 yuan but less than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50 percent but not more than two times the sales amount; Whoever sells more than 500,000 yuan but less than 2 million yuan shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50 percent but not more than two times the sales amount; Whoever sells an amount of more than 2 million yuan shall be sentenced to 15 years' fixed-term imprisonment or life imprisonment, and shall also be fined not less than 50 percent but not more than 2 times the sales amount or confiscation of property.
Article 141 Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if he causes death or has other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or have his property confiscated.
Where a personnel of a drug-using unit knowingly provide counterfeit drugs to others for use, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 142 Whoever produces or sells inferior drugs and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
Where a personnel of a drug-using unit knowingly provide inferior drugs to others for use, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 142-1 Whoever, in any of the following circumstances, violates the regulations on the administration of drugs and is sufficient to seriously endanger human health shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone; whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Producing or selling drugs whose use is prohibited by the drug supervision and administration department under the State Council;
(2) Producing or importing drugs without obtaining relevant approval documents for drugs, or knowingly selling the above-mentioned drugs;
(3) Providing false certificates, data, materials, or samples in the application for registration of drugs, or employing other deceptive means;
(4) Fabricating production or inspection records.
Whoever commits the acts mentioned in the preceding paragraph and at the same time constitutes the crimes provided for in Articles 141 and 142 of this Law or other crimes, shall be convicted and punished in accordance with the provisions on heavier punishments.
Article 143 Whoever produces or sells food that does not meet food safety standards, which is sufficient to cause a serious food poisoning accident or other serious foodborne disease, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Where the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have their property confiscated.
Article 144 Whoever, in the food produced or sold, mixes poisonous or harmful non-food raw materials, or sells food that is knowingly adulterated with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Whoever causes death or has other particularly serious circumstances shall be punished in accordance with the provisions of Article 141 of this Law.
Article 145 Whoever produces medical devices or medical hygiene materials that do not conform to national or industry standards for the protection of human health, or sells medical devices or medical hygiene materials that are known to be in conformity with national or industry standards for the protection of human health, is sufficient to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50 percent but not more than two times the sales amount; Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50 percent but not more than two times the sales amount; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50 percent but not more than two times the sales amount or confiscation of property.
Article 146 Whoever produces electrical appliances, pressure vessels, inflammable and explosive products, or other products that do not conform to the national or industry standards for the protection of personal or property safety, or sells products that are known to be above national or industry standards for the protection of personal or property safety, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years, and shall also be fined not less than 50 percent but not more than two times the sales amount; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 50 per cent but not more than two times the amount of the sale.
Article 147 Whoever produces counterfeit pesticides, fake veterinary drugs or fake chemical fertilizers, sells pesticides, veterinary drugs, chemical fertilizers or seeds that are known to be false or has lost its effectiveness of use, or whoever disguises unqualified pesticides, veterinary drugs, chemical fertilizers or seeds as qualified pesticides, veterinary drugs, fertilizers or seeds, thereby causing relatively large losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 50 per cent but not more than two times the amount of sales; Whoever suffers heavy losses to production shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50 per cent but not more than two times the amount of sales; Whoever causes particularly heavy losses to production shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50 percent but not more than two times the amount of sales or confiscation of property.
Article 148 Whoever produces cosmetics that do not meet hygiene standards, or sells cosmetics that are known to be unhygienic standards, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 50 percent but not more than two times the amount of sales.
Article 149 Whoever produces or sells the products listed in Articles 141 to 148 of this Section does not constitute a crime provided for in those Articles, but whoever sells an amount of more than 50,000 yuan shall be convicted and punished in accordance with the provisions of Article 140 of this Section.
Whoever manufactures or sells the products listed in Articles 141 to 148 of this Section, and whoever commits the crimes provided for in those Articles each of these Articles, and at the same time constitutes the crimes provided for in Article 140 of this Section, shall be convicted and punished in accordance with the provisions on heavier punishments.
Article 150 Where a unit commits the crimes provided for in Articles 140 to 148 of this Section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of those articles.
Section 2: Crimes of smuggling
Article 151 Whoever steals weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or have his property confiscated; If the circumstances are particularly serious, they shall be sentenced to life imprisonment and confiscation of property; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever smuggles cultural relics, gold, silver and other precious metals whose export is prohibited by the State, or precious animals and their products whose import or export is prohibited by the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be sentenced to confiscation of property; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined.
Whoever smuggles rare plants, their products, or other goods or articles whose import or export is prohibited by the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Where a unit commits the crimes provided for in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the paragraphs of this Article.
Article 152 Whoever, for the purpose of making profits or disseminating it, smuggles obscene films, videotapes, audio tapes, pictures, books or periodicals or other obscene materials shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Whoever evades customs supervision and transports solid waste, liquid waste or gaseous waste from abroad into the country, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined or fined alone; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.
Article 153 Whoever smuggles goods or articles other than those provided for in Articles 151, 152 and 347 of this Law shall be punished in accordance with the following provisions according to the seriousness of the circumstances:
(1) Whoever smuggles goods or articles with a relatively large amount of tax payable for smuggling, or who has been given a second administrative punishment for smuggling within one year and then smuggled again, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the amount of tax payable for smuggling.
(2) Whoever smuggles goods or articles to evade a huge amount of tax or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than one time but not more than five times the amount of tax payable for evasion.
(3) Whoever smuggles goods or articles and evades the amount of tax payable is particularly large or has other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the amount of tax payable for smuggling or confiscation of property.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.
Where multiple smuggling is not handled, the amount of tax payable for the evasion of smuggled goods or articles shall be punished in accordance with the accumulated amount of tax.
Article 154 Whoever commits any of the following smuggling acts in accordance with the provisions of this section shall be convicted and punished in accordance with the provisions of Article 153 of this Law:
(1) Without the permission of the Customs and without paying the amount of tax payable, selling raw materials, parts, finished products, equipment and other bonded goods approved for import for processing, assembling incoming parts, compensating trade, and selling them within the territory for profit;
(2) Without the permission of the Customs and without paying the amount of tax payable, the goods or articles imported with specific tax reductions or exemptions are sold within the territory for profit.
Article 155 The following acts shall be punished as the crime of smuggling and shall be punished in accordance with the relevant provisions of this section:
(1) Illegally purchasing goods prohibited by the State from directly from private individuals, or illegally purchasing other goods or articles smuggled into import directly from private individuals, where the amount is relatively large;
(2) Transporting, purchasing, or selling articles prohibited by the State from importing or exporting in the inland sea, territorial sea, boundary rivers, or boundary lakes, or transporting, purchasing, or selling goods or articles restricted by the State for import and export, where the amount is relatively large and there is no lawful proof.
Article 156 Whoever conspires with a smuggling criminal to provide him with loans, funds, account numbers, invoices, or certificates, or provides him with transportation, custody, mailing, or other convenience, shall be punished as an accomplice to the crime of smuggling.
Article 157 Whoever conceals smuggling by force shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 151 of this Law.
Whoever resists the seizure of smuggling by means of violence or threats shall be punished in accordance with the provisions on combined punishment for several crimes on the crime of smuggling and the crime of obstructing the functionaries of state organs from performing their duties in accordance with law as provided for in Article 277 of this Law.
Section 3: Crimes of obstructing the management order of companies and enterprises
Article 158 Whoever applies for the registration of a company and uses false supporting documents or other fraudulent means to falsely declare the registered capital, deceives the competent department for company registration, obtains company registration, and falsely declares that the amount of registered capital is huge, the consequences are serious, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than one percent but not more than five percent of the amount of falsely declared registered capital.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 159 Whoever, in violation of the provisions of the Company Law, fails to deliver currency, in kind or transfer property rights, makes a false capital contribution, or withdraws his capital contribution after the establishment of the company, and the amount is huge, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 2% but not more than 10% of the amount of the fraudulent capital contribution or the amount of the capital contribution.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 160 Whoever conceals important facts or fabricates major false content in the offering documents such as prospectuses, stock offers, company or enterprise bonds offering measures, and issues shares or company, enterprise bonds, depository receipts or other securities as determined by the State Council in accordance with law, and the amount is huge, the consequences are serious, or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined alone; and fined.
Where a controlling shareholder or an actual controller organizes or directs the act mentioned in the preceding paragraph, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 20 percent but not more than one times the amount of illegally raised funds; if the amount is particularly huge, the consequences are particularly serious, or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than 20 percent but not more than one times the amount of illegal funds raised.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be sentenced to a fine of not less than 20 percent but not more than one times the amount of illegally raised funds, and the persons who are directly responsible for the work and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 161 Where a company or enterprise that has the obligation to disclose information in accordance with law provides false financial accounting reports to shareholders and the public, or fails to disclose other important information that should be disclosed in accordance with regulations, seriously harming the interests of shareholders or other persons, or has other serious circumstances, the persons directly in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined individually; and fined.
Where a company provided for in the preceding paragraph, the controlling shareholder or the actual controller of an enterprise commits, organizes or directs the implementation of the acts mentioned in the preceding paragraph, or conceals relevant matters that cause the circumstances provided for in the preceding paragraph to occur, it shall be punished in accordance with the provisions of the preceding paragraph.
Where the controlling shareholder or actual controller who commits the crime mentioned in the preceding paragraph is a unit, a fine shall be imposed on the unit, and the persons who are directly responsible for the crime and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 162 Whoever, when a company or enterprise is in liquidation, conceals its assets, makes false records on the balance sheet or property list, or distributes the property of the company or enterprise before the debts are paid off, thereby seriously harming the interests of creditors or other persons, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan.
Article 162-1 Whoever conceals or deliberately destroys accounting vouchers, accounting books, or financial accounting reports that shall be kept in accordance with law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 162:Where a company or enterprise commits a false bankruptcy by concealing its property, undertaking fictitious debts, or transferring or disposing of its property by other means, thereby seriously harming the interests of creditors or other persons, its directly responsible supervisors and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan.
Article 163 A staff member of a company, enterprise or other unit who, by taking advantage of his position, solicits the property or property of another person or illegally accepts property or property from another person in order to seek benefits for others, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the amount is particularly large or has other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined.
Where a staff member of a company, enterprise, or other unit takes advantage of his or her position in economic exchanges and violates state regulations by accepting kickbacks or handling fees in various guises, which are owned by an individual, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever engages in public service in a State-owned company, enterprise or other State-owned unit and persons appointed by a State-owned company, enterprise or other State-owned unit to engage in public service in a non-State-owned company, enterprise or other unit commits any of the acts mentioned in the preceding two paragraphs shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.
Article 164 Whoever, for the purpose of seeking improper benefits, gives property or property to the staff of a company, enterprise or other unit, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever has a large amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever, for the purpose of seeking improper commercial benefits, gives property or property to a foreign public official or an official of a public international organization shall be punished in accordance with the provisions of the preceding paragraph.
Where the briber voluntarily confesses the act of bribery before being prosecuted, the punishment may be mitigated or waived.
Article 165 Whoever, by taking advantage of his position, runs or operates for others a business of the same kind as the company or enterprise he or she works for, and obtains illegal benefits, if the amount is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall, alone, be fined; The amount is particularly large and shall be punished by imprisonment for a term of not less than three years but not more than seven years and shall also be fined.
Article 166 Whoever, by taking advantage of his position, takes advantage of his position to cause a major loss to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined severally; Whoever causes particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Entrusting the unit's profitable business to its own relatives and friends to operate;
(2) Purchasing commodities from units operated and managed by one's own relatives or friends at a price significantly higher than the market, or selling commodities to a unit operated and managed by one's own relatives or friends at a price significantly lower than the market;
(3) Purchasing unqualified commodities from units operated and managed by their relatives or friends.
Article 167 Whoever, in the course of signing or performing a contract, is defrauded of serious irresponsibility, causing major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 168 Whoever, as a result of serious irresponsibility or abuse of power, causes bankruptcy or serious losses to the interests of the State, causing major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Where a staff member of a state-owned public institution commits the acts mentioned in the preceding paragraph, causing major losses to the interests of the state, he shall be punished in accordance with the provisions of the preceding paragraph.
Any functionary of a State-owned company, enterprise, or public institution who engages in malpractice for personal gain and commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions of the first paragraph.
Article 169 Whoever, for personal gain, commits fraud by a State-owned company, an enterprise or a person in charge who is directly in charge of the competent department at a higher level, discounts or sells state-owned assets at a low price, thereby causing major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 169-1 Whoever, in violation of his duty of loyalty to the company, takes advantage of his position to manipulate the listed company to engage in any of the following acts, causing the interests of the listed company to suffer major losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; Whoever causes a particularly heavy loss to the interests of a listed company shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Providing funds, goods, services, or other assets to other units or individuals without compensation;
(2) providing or accepting funds, goods, services, or other assets under obviously unfair conditions;
(3) Providing funds, goods, services, or other assets to units or individuals that are clearly insolvent;
(4) Providing guarantees to units or individuals that are clearly insolvent, or providing guarantees to other units or individuals without a legitimate reason;
(5) abandoning a creditor's right or bearing a debt without a legitimate reason;
(6) Using other means to harm the interests of the listed company.
Where the controlling shareholder or actual controller of a listed company instructs the directors, supervisors or senior management of the listed company to carry out the acts mentioned in the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
Where the controlling shareholder or actual controller of a listed company that commits the crime mentioned in the preceding paragraph is a unit, a fine shall be imposed on the unit, and the persons who are directly responsible for the crime and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Section 4: Crimes of Undermining the Order of Financial Management
Article 170 Whoever counterfeits currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated:
(1) The ringleaders of counterfeiting currency groups;
(2) The amount of counterfeit currency is particularly large;
(3) There are other particularly serious circumstances.
Article 171 Whoever sells or purchases counterfeit currency or transports it knowingly is counterfeit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever is particularly large shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or have his property confiscated.
Whoever, a staff member of a bank or other financial institution purchases counterfeit currency or takes advantage of his position to exchange counterfeit currency for currency, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or have his property confiscated; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined not less than 10,000 yuan but not more than 100,000 yuan alone.
Whoever counterfeits currency and sells or transports counterfeit currency shall be convicted and given a heavier punishment in accordance with the provisions of Article 170 of this Law.
Article 172 Whoever, knowingly possessing or using counterfeit currency, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever is particularly large shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or have his property confiscated.
Article 173 Whoever alters currency and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
Article 174 Whoever, without the approval of the relevant competent department of the State, establishes a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution without authorization, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Whoever forges, alters or transfers the business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.
Article 175 Whoever, for the purpose of re-lending for the purpose of making a profit, arbitrages credit funds from a financial institution and re-lends to another person at a high rate, and the amount of unlawful gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the unlawful gains; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the unlawful gains.
Article 175-1 Whoever fraudulently obtains a loan, acceptance of bills, letter of credit, letter of guarantee, etc. from a bank or other financial institution and causes major losses to a bank or other financial institution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined or fined alone;
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. ”
Article 176 Whoever illegally absorbs deposits from the public or covertly absorbs deposits from the public and disrupts the financial order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined or fined alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the amount is particularly large or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.
Where there are acts mentioned in the preceding two paragraphs, if the stolen goods are actively returned before the public prosecution is initiated, and the damage result is reduced, the punishment may be mitigated or mitigated.
Article 177 Whoever, in any of the following circumstances, forges or alters financial instruments shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Where the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) Forging or altering bills of exchange, promissory notes, or checks;
(2) Forging or altering other bank settlement vouchers such as entrusted receipt vouchers, remittance vouchers, bank deposit certificates, etc.;
(3) Forging or altering a letter of credit or accompanying documents or documents;
(4) Forging credit cards.
Article 177-1 Whoever, in any of the following circumstances, obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding or transporting a blank credit card knowingly being forged, or knowingly holding or transporting a blank credit card with a forged credit card, where the quantity is relatively large;
(2) Illegally holding another person's credit card, where the number is relatively large;
(3) Using false identification to fraudulently obtain a credit card;
(4) Selling, purchasing, or providing others with forged credit cards or credit cards fraudulently obtained with false identification.
Whoever steals, buys, or illegally provides other people's credit card information and materials shall be punished in accordance with the provisions of the preceding paragraph.
Where a staff member of a bank or other financial institution takes advantage of his position to commit the crime mentioned in the second paragraph, he shall be given a heavier punishment.
Article 178 Whoever forges or alters Treasury bills or other negotiable securities issued by the State, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever is particularly large shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or have his property confiscated.
Whoever forges or alters stocks or company or enterprise bonds, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined not less than 10,000 yuan but not more than 100,000 yuan alone; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
Article 179 Whoever, without the approval of the relevant competent department of the State, issues stocks or company or enterprise bonds without authorization, and the amount is huge, the consequences are serious, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than one percent but not more than five percent of the amount of illegally raised funds.
Article 180 A person with insider information on securities or futures trading or a person who illegally obtains insider information on securities or futures trading, before the issuance of securities, securities or futures trading, or other information that has a major impact on the price of securities or futures trading, buys or sells securities, or engages in futures transactions related to such insider information, or discloses such information, or explicitly or implicitly indicates or implies that others are engaged in the above-mentioned trading activities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Concurrently or singlely impose a fine of not less than one times but not more than five times the unlawful gains; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than one time but not more than five times the unlawful gains.
The scope of insider information and insider personnel is to be determined in accordance with the provisions of laws and administrative regulations.
Employees of stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies, and other financial institutions, as well as staff of relevant regulatory departments or industry associations, who use undisclosed information other than insider information obtained for the convenience of their positions to engage in securities or futures trading activities related to that information, or explicitly or implicitly imply that others are engaged in related trading activities, if the circumstances are serious, they shall be punished in accordance with the provisions of the first paragraph.
Article 181 Whoever fabricates and disseminates false information affecting securities or futures trading, disrupts the securities or futures trading market, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 10,000 yuan but not more than 100,000 yuan.
Employees of stock exchanges, futures exchanges, securities companies, futures brokerage companies, and staff members of securities associations, futures associations, or securities and futures supervision and management departments, who intentionally provide false information or forge, alter, or destroy transaction records, or trick investors into buying and selling securities or futures contracts, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 10,000 yuan but not more than 100,000 yuan; Where the circumstances are particularly heinous, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 182 Whoever, in any of the following circumstances, manipulates the securities or futures market and affects the price of securities or futures transactions or the volume of securities or futures transactions, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined individually;
(1) Individually or in collusion, concentrating capital advantages, shareholding or position advantages, or using information advantages to jointly or continuously buy and sell;
(2) colluding with others to conduct securities or futures transactions with each other at a pre-agreed time, price, and method;
(3) Conducting securities transactions between accounts under one's own actual control, or buying and selling futures contracts with oneself as the object of trading;
(4) Frequently or in large quantities to declare the purchase or sale of securities or futures contracts and revoke the declaration without the purpose of trading transactions;
(5) Using false or uncertain material information to induce investors to conduct securities or futures transactions;
(6) Making evaluations, forecasts or investment recommendations on the disclosure of securities, securities issuers, or futures trading targets, and conducting reverse securities transactions or related futures transactions at the same time;
(7) Manipulating securities or futures markets by other means.
Article 183 A staff member of an insurance company who, taking advantage of his position, deliberately fabricates an insured accident that has not occurred to make false claims, and fraudulently obtains the insurance money to belong to himself, shall be convicted and punished in accordance with the provisions of Article 271 of this Law.
Where a staff member of a state-owned insurance company or a person appointed by a state-owned insurance company to engage in public service at a non-state-owned insurance company commits the acts mentioned in the preceding paragraph, they shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 184 Whoever, in the course of financial business activities, solicits property or property from others or illegally accepts property or property from others in order to seek benefits for others, or in violation of State regulations, accepts kickbacks or handling fees in various guises and is owned by an individual, shall be convicted and punished in accordance with the provisions of Article 163 of this Law.
Where staff members of state-owned financial institutions and persons appointed by state-owned financial institutions to engage in public affairs at non-state-owned financial institutions commit the acts mentioned in the preceding paragraph, they shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.
Article 185 Whoever, by virtue of the convenience of his or her position, misappropriates the funds of his or her own unit or customers, shall be convicted and punished in accordance with the provisions of Article 272 of this Law.
Whoever, in the case of a state-owned commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other state-owned financial institution, and personnel of a state-owned commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other state-owned financial institution appointed by a non-state-owned institution to engage in public service as provided for in the preceding paragraph, shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Article 185-1 Where a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution violates its fiduciary obligations and uses customer funds or other entrusted or trusted property without authorization, if the circumstances are serious, the unit shall be fined, and the persons who are directly responsible for the management and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 30,000 yuan but not more than 300,000 yuan; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Where social security fund management institutions, housing provident fund management institutions, and other public fund management institutions, as well as insurance companies, insurance asset management companies, and securities investment fund management companies, use funds in violation of State regulations, their directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 186 Whoever, in violation of State regulations, grants a loan in a huge amount or causes major losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever is particularly large in amount or causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 20,000 yuan but not more than 200,000 yuan.
Where a staff member of a bank or other financial institution violates State regulations by granting a loan to a related party, he shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
The scope of related parties shall be determined in accordance with the Law of the People's Republic of China on Commercial Banks and relevant financial regulations.
Article 187 Where a staff member of a bank or other financial institution absorbs customer funds and does not record them in the account, and the amount is huge or causes major losses, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever is particularly large in amount or causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Article 188 Whoever, in violation of regulations, issues a letter of credit or other letter of guarantee, bill, certificate of deposit or credit certificate to another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 189 Whoever, in the course of the bill business, accepts, pays or guarantees bills in violation of the provisions of the Bills Law, causing major losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years.
Article 190 Where a State-owned company, enterprise or other State-owned unit, in violation of State regulations, deposits foreign exchange abroad without authorization, or illegally transfers foreign exchange within the territory abroad, if the circumstances are serious, the unit shall be fined, and the persons who are directly in charge and the other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 191 Whoever, in order to conceal or conceal the proceeds of drug crimes, organized crimes of a mafia nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of undermining the order of financial management, crimes of financial fraud, and the sources and nature of the proceeds generated therein, shall confiscate the proceeds of the commission of the above crimes and the proceeds thereof, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined alone;
(1) Providing a fund account;
(2) Converting property into cash, financial instruments, or negotiable securities;
(3) Transferring funds through transfer or other payment and settlement methods;
(4) Cross-border transfer of assets;
(5) Using other methods to conceal or conceal the source and nature of the proceeds of crime and their proceeds.
Section 5: Crimes of Financial Fraud
Article 192 Whoever, for the purpose of illegal possession, uses fraudulent means to illegally raise funds, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;
Article 193 Whoever, in any of the following circumstances, defrauds a bank or other financial institution of a loan for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) Fabricating false reasons such as for the introduction of funds or projects;
(2) Using false economic contracts;
(3) Using false supporting documents;
(4) Using a false property rights certificate as a guarantee or a duplicate guarantee exceeding the value of the collateral;
(5) Fraudulently defrauding loans by other means.
Article 194 Whoever, in any of the following circumstances, engages in financial instrument fraud activities and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) Knowingly using forged or altered bills of exchange, promissory notes, or checks;
(2) Knowingly using bills of exchange, promissory notes, or checks that are void;
(3) Fraudulently using another person's money order, promissory note, or check;
(4) Issuing blank cheques or cheques that are inconsistent with their reserved seals, and fraudulently obtaining property;
(5) The drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without a guarantee of funds, or makes a false record at the time of issuing the bill, so as to fraudulently obtain property or property.
Whoever uses forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates, or other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph.
Article 195 Whoever commits fraudulent activities under a letter of credit in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) Using forged or altered letters of credit or accompanying documents or documents;
(2) using a voided letter of credit;
(3) Fraudulently obtaining a letter of credit;
(4) Using other methods to carry out fraudulent activities of letters of credit.
Article 196 Whoever, in any of the following circumstances, engages in credit card fraud activities and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using a voided credit card;
(3) Fraudulently using another person's credit card;
(4) Malicious overdraft.
"Malicious overdraft" as used in the preceding paragraph refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period of time for the purpose of illegal possession, and still not returning it after being collected by the issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”
Article 197 Whoever uses forged or altered Treasury bills or other negotiable securities issued by the State to carry out fraudulent activities, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
Article 198 Whoever, in any of the following circumstances, engages in insurance fraud activities and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or have his property confiscated:
(1) The applicant deliberately fabricates the subject matter of insurance and fraudulently obtains insurance funds;
(2) The applicant, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, and defrauds the insurance money;
(3) The applicant, the insured or the beneficiary fabricates an insured accident that has not occurred and fraudulently obtains insurance money;
(4) The insured or the insured deliberately causes property damage to an insured accident and fraudulently obtains insurance money;
(5) The applicant or beneficiary deliberately causes the death, disability or illness of the insured and fraudulently obtains the insurance money.
Where there are the acts listed in items 4 and 5 of the preceding paragraph, and at the same time they constitute other crimes, they shall be punished in accordance with the provisions on combined punishment for several crimes.
Where a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years.
Where an appraiser, certifier or property appraiser of an insured accident deliberately provides false supporting documents to provide conditions for fraud by others, he shall be punished as an accomplice to insurance fraud.
Article 200 Where a unit commits the crimes provided for in Articles 194 and 195 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; if the amount is particularly large or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined.
Section 6: Crimes of endangering tax collection and administration
Article 201 Where a taxpayer uses deception or concealment to make a false tax declaration or fails to make a declaration, and evades the payment of a relatively large amount of tax and accounts for more than 10% of the tax payable, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever is in a huge amount and accounts for more than 30 per cent of the tax payable shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where the withholding agent adopts the means listed in the preceding paragraph and fails to pay or underpays the withheld or collected taxes, and the amount is relatively large, it shall be punished in accordance with the provisions of the preceding paragraph.
Where the acts mentioned in the preceding two paragraphs are repeatedly committed and are not dealt with, they shall be calculated on the basis of the cumulative amount.
Where there is an act mentioned in the first paragraph, after the tax authority has issued a notice of recovery in accordance with law, the tax payable shall be paid in return, the late payment fee shall be paid, and the administrative punishment has been imposed, criminal responsibility shall not be pursued; However, this is not the case for those who have received criminal penalties for evading the payment of taxes within five years or who have been given two or more administrative penalties by the tax authorities.
Article 202 Whoever refuses to pay taxes by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the amount of the tax refused to pay; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the amount of tax.
Article 203 Where a taxpayer owes the tax payable and adopts the means of transferring or concealing property, so that the taxation authorities are unable to recover the tax owed, and the amount is between 10,000 yuan and less than 100,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than one time but not more than five times the amount of the tax owed; Whoeverse amount is more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the amount of tax owed.
Article 204 Whoever, by means of false export declarations or other deceptive means, fraudulently obtains the State's export tax rebates, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the amount of tax fraudulently obtained; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than one time but not more than five times the amount of tax fraudulently obtained; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the amount of tax fraudulently obtained or property confiscated.
Whoever, after paying taxes, adopts the deceptive methods provided for in the preceding paragraph to defraud the taxes paid, shall be convicted and punished in accordance with the provisions of Article 201 of this Law; Where the amount of tax fraudulently obtained exceeds the amount of tax paid, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 205 Whoever falsely issues a special invoice for value-added tax or other invoices used to fraudulently obtain export tax rebates or deductions shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever falsely opens a relatively large amount of tax or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever falsely opens a huge amount of tax or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
Where a unit commits the crimes provided for in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever falsely levies a relatively large amount of tax or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever falsely affiliates a huge amount of tax or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Falsely issuing special VAT invoices or other invoices used to defraud export tax rebates or tax deductions refers to one of the acts of falsely opening for others, falsely issuing for oneself, letting others falsely open for themselves, or introducing others.
Article 205-1 Whoever falsely opens invoices other than those provided for in Article 205 of this Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.
Article 206 Whoever forges or sells a forged special VAT invoice shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a relatively large number or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a huge number or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or have his property confiscated.
Where a unit commits the crimes provided for in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever has a relatively large number or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever has a huge number or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 207 Whoever illegally sells special VAT invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a relatively large amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or have his property confiscated.
Article 208 Whoever illegally purchases special VAT invoices or purchases forged special VAT invoices shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than 20,000 yuan but not more than 200,000 yuan.
Whoever illegally purchases a special VAT invoice or purchases a forged special VAT invoice and then falsely issues or sells it shall be convicted and punished in accordance with the provisions of Articles 205, 206 and 207 of this Law respectively.
Article 209 Whoever forges, manufactures or sells forged or sold other invoices that may be used to fraudulently obtain export tax rebates or tax deductions shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; Whoever has a huge amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; Whoever is particularly large shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or have his property confiscated.
Whoever forges, manufactures or sells forged or unauthorized invoices other than those provided for in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also, or shall alone, be fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Whoever illegally sells other invoices that can be used to defraud export tax rebates or tax deductions shall be punished in accordance with the provisions of the first paragraph.
Whoever illegally sells invoices other than those provided for in paragraph 3 shall be punished in accordance with the provisions of paragraph 2.
Article 210 Whoever steals special VAT invoices or other invoices that may be used to defraud export tax rebates or tax deductions shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Whoever uses deceptive means to defraud special VAT invoices or other invoices that can be used to defraud export tax rebates or tax deductions shall be convicted and punished in accordance with the provisions of Article 266 of this Law.
Article 210-1 Whoever knowingly holds a forged invoice in a relatively large quantity shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined; A large number shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.
Article 211 Where a unit commits the crimes provided for in Articles 201, 203, 204, 207, 208 or 209 of this Section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for them shall be punished in accordance with the provisions of those articles.
Article 212 Whoever commits the crimes provided for in Articles 201 to 205 of this Section and is sentenced to a fine or confiscation of property shall, before enforcement, be pursued by the taxation authorities and the export tax rebates fraudulently obtained.
Section 7: Crimes of Infringement of Intellectual Property Rights
Article 213 Whoever, without the permission of the owner of a registered trademark, uses a trademark identical to a registered trademark in the same kind of goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined or fined individually;
Article 214 Whoever sells goods that are known to be counterfeit registered trademarks and gains a relatively large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined or fined alone;
Article 215 Whoever forges or manufactures without authorization the signs of a registered trademark of another person or sells the signs of a counterfeit or unauthorized registered trademark shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years and shall also be fined or fined individually;
Article 216 Whoever counterfeits another person's patent and if the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone.
Article 217 Whoever, for the purpose of making profits, has any of the following circumstances of infringement of copyright or copyright-related rights, and the amount of unlawful gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined or fined alone;
(1) reproducing, distributing, or disseminating to the public through information networks, written works, music, fine arts, audio-visual works, computer software, and other works provided for by laws or administrative regulations without the permission of the copyright owner;
(2) publishing books in which others enjoy exclusive publishing rights;
(3) Reproducing, distributing, or disseminating to the public through information networks the audio or video recordings they have produced without the permission of the producers of audio or video recordings;
(4) Reproducing and distributing audio or video recordings recordings of their performances without the permission of performers, or disseminating their performances to the public through information networks;
(5) Producing or selling artistic works that impersonate the signature of others;
(6) deliberately avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his works, audio or video recordings, etc., without the permission of the copyright owner or the copyright-related rights holder.
Article 218 Whoever, for the purpose of making profits, sells an infringing reproduction that is known to be an infringing copy provided for in Article 217 of this Law, and the amount of unlawful gains is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined or fined alone.
Article 219 Whoever commits any of the following acts of infringement of trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined or fined individually;
(1) Using theft, bribery, fraud, coercion, electronic intrusion or other improper means to obtain the right holder's trade secrets;
(2) Disclosing, using, or allowing others to use the commercial secrets of the right holder obtained by the means in the preceding paragraph;
(3) Disclosing, using, or allowing others to use the trade secrets in their possession in violation of their obligations to maintain confidentiality or violating the rights holder's requirements for preserving commercial secrets.
Whoever knowingly obtains, discloses, uses, or allows others to use the trade secret with knowledge of the acts listed in the preceding paragraph is infringing upon the trade secret theory.
"Right holder" as used in this Article refers to the owner of a trade secret and the user of a trade secret with the permission of the owner of the trade secret.
Article 219-1 Whoever steals, spies on, bribes or illegally provides trade secrets for an institution, organization or personnel outside the territory shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined or fined individually; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Article 220 Where a unit commits the crimes provided for in Articles 213 to 219-1 of this Section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the articles of this Section.
Section 8: Crimes of Disrupting Market Order
Article 221 Whoever fabricates and disseminates false facts, harms the commercial reputation or commodity reputation of others, causes major losses to others or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined or fined alone.
Article 222:Where advertisers, advertising agents, or advertisers violate State regulations by using advertisements to make false publicity about goods or services, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined or fined individually.
Article 223 Where bidders collude with each other in bidding and bidding, harming the interests of the bidders or other bidders, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually.
Where bidders collude in bidding, harming the lawful interests of the State, collectives or citizens, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 224 Whoever, in any of the following circumstances, for the purpose of illegal possession, in the course of signing or performing a contract, defrauds the other party of property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated:
(1) Signing a contract in the name of a fictitious unit or fraudulently using another person's name;
(2) Using forged, altered, or invalidated bills or other false property rights certificates as collateral;
(3) Without the actual ability to perform, using the method of first performing a small contract or partially performing the contract, to trick the other party into continuing to sign and perform the contract;
(4) Fleeing after receiving goods, payment for goods, advance payments, or secured property from the other party;
(5) Using other methods to defraud the other party of property.
Article 224-1 Whoever, in the name of business activities such as selling goods or providing services, requires participants to obtain the qualification to join by paying fees or purchasing goods or services, and forms a hierarchy in a certain order, directly or indirectly using the number of development personnel as the basis for remuneration or rebates, and induces or coerces participants to continue to develop pyramid schemes in which others participate, fraudulently obtain property or property, or disrupts economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Article 225 Whoever, in violation of State regulations, commits any of the following illegal business conduct, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall alone, be fined not less than one time but not more than five times the unlawful gains; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the unlawful gains or confiscation of property:
(1) Operating monopoly or monopoly items provided for by laws or administrative regulations without permission, or other articles that are restricted from being bought or sold;
(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws or administrative regulations;
(3) Illegally operating securities, futures, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;
(4) Other illegal business conduct that seriously disrupts market order.
Article 226 Whoever, by means of violence or threats, commits any of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Forcibly buying and selling goods;
(2) Forcing others to provide or accept services;
(3) Forcing others to participate in or withdraw from bidding or auctions;
(4) Forcing others to transfer or acquire shares, bonds, or other assets of a company or enterprise;
(5) Forcing others to participate in or withdraw from specific business activities.
Article 227 Whoever forges or resells forged tickets, ferry tickets, stamps or other valuable tickets, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined not less than one times but not more than five times the price of the tickets alone; Whoever has a large amount shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than one time but not more than five times the price of the ticket.
Whoever resells tickets or ferry tickets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than one time but not more than five times the price of the ticket or a single ticket.
Article 228 Whoever, for the purpose of making profits, illegally transfers or resells land use rights in violation of land management laws and regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall alone, be fined not less than 5 percent but not more than 20 percent of the amount of the land use right illegally transferred or resold; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5 percent but not more than 20 percent of the amount of illegal transfer or resale of land use rights.
Article 229:Where personnel of intermediary organizations undertaking duties such as asset assessment, capital verification, verification, accounting, auditing, legal services, sponsorship, safety assessment, environmental impact assessment, environmental monitoring, etc., intentionally provide false supporting documents, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined;
(1) Providing false asset appraisal, accounting, auditing, legal services, sponsorship and other supporting documents related to securities issuance, where the circumstances are particularly serious;
(2) Providing false asset appraisal, accounting, auditing, or other supporting documents related to major asset transactions, where the circumstances are particularly serious;
(3) Providing false safety assessments, environmental impact assessments, and other supporting documents in major projects or projects involving public safety, causing particularly heavy losses to public property, the interests of the State, and the people.
Whoever commits the conduct mentioned in the preceding paragraph and simultaneously solicits property from another person or illegally accepts property from another person constitutes a crime, shall be convicted and punished in accordance with the provisions on heavier punishment
Any person provided for in the first paragraph who is seriously irresponsible and whose supporting documents are seriously inaccurate and cause serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually.
Article 230 Whoever, in violation of the provisions of the Law on the Inspection of Import and Export Commodities, evades commodity inspection, sells or uses imported commodities that must be inspected by a commodity inspection agency without reporting for inspection, or exports an export commodity that must be inspected by a commodity inspection agency without reporting that it has passed the inspection, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually.
Article 231 Where a unit commits the crimes provided for in Articles 221 to 230 of this Section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the articles of this Section.
Chapter IV: Crimes of Violating Citizens' Personal rights and Democratic Rights
Article 232 Whoever intentionally kills any person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 233 Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years. Where this Law provides otherwise, follow those provisions.
Article 234 Whoever intentionally injures another person's body 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 causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or causes serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
Article 234-1 Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated.
Whoever, without his or her consent, harvests the organs of a person under the age of 18, or forces or deceives others to donate organs, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever harvests his cadaver organs against his or her own wishes before his or her lifetime, or who does not express his consent before his or her lifetime, violates State regulations, or harvests his cadaveric organs against the will of his close relatives, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.
Article 235 Whoever negligently injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where this Law provides otherwise, follow those provisions.
Article 236 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever rapes a minor girl under the age of fourteen shall be punished heavily on the basis of rape.
Whoever rapes a woman or commits adultery of a minor shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death in any of the following circumstances:
(1) Raping a woman or raping a minor girl with heinous circumstances;
(2) Raping women or raping multiple minors;
(3) Raping women or raping underage girls in public in public places;
(4) Gang rape of two or more persons;
(5) Raping a young girl under the age of 10 or causing harm to a minor girl;
(6) Causing serious injury or death to the victim, or causing other serious consequences.
Article 236-1 Whoever has sexual relations with a minor woman who has special duties such as guardianship, adoption, care, education, or medical treatment for a minor woman who has reached the age of 14 but not yet reached the age of 16 shall be sentenced to fixed-term imprisonment of not more than three years;
Whoever commits the acts mentioned in the preceding paragraph and at the same time constitutes the crime provided for in Article 236 of this Law shall be convicted and punished in accordance with the provisions on heavier punishments.
Article 237 Whoever, by violence, coercion or other means, forcibly indecently assaults another person or insults a woman shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers a crowd or commits the crime mentioned in public in a public place, or has other heinous circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests a child shall be sentenced to fixed-term imprisonment of not more than five years, and in any of the following circumstances, shall be sentenced to fixed-term imprisonment of not less than five years:
(1) Molesting children more than one person or multiple times;
(2) Gathering a crowd to molest children, or molesting children in public in a public place, where the circumstances are heinous;
(3) Causing harm to children or other serious consequences;
(4) The indecent means are heinous or there are other heinous circumstances.
Article 238 Whoever illegally detains another person or illegally deprives another person of his personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Where there are circumstances of assault or insult, a heavier punishment shall be given.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause injury, disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever illegally seizes or detains another person for the purpose of claiming debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Where a functionary of a State organ takes advantage of his or her authority to commit the crimes mentioned in the preceding three paragraphs, he shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Article 239 Whoever kidnaps another person for the purpose of extorting property or property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Whoever commits the crime mentioned in the preceding paragraph and kills a kidnapped person, or intentionally injures a kidnapped person, causing serious injury or death to a person, shall be sentenced to life imprisonment or the death penalty and shall also be sentenced to confiscation of property.
Whoever steals an infant or young child for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs.
Article 240 Whoever abducts or sells women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated; If the circumstances are particularly serious, the death penalty shall be imposed and the confiscation of property shall be imposed:
(1) Ringleaders of groups trafficking in women and children;
(2) Abducting or trafficking three or more women or children;
(3) Raping a woman who has been abducted or trafficked;
(4) Enticing or forcing abducted women into prostitution, or selling abducted women to others to force them into prostitution;
(5) Kidnapping women or children using violence, coercion, or anesthesia for the purpose of betrayal;
(6) Stealing infants or young children for the purpose of betrayal;
(7) Causing serious injury, death, or other serious consequences to an abducted woman, child, or her relatives;
(8) Selling women or children abroad.
Abduction and trafficking of women and children refers to one of the acts of abducting, kidnapping, buying, trafficking, transporting, or transiting women or children for the purpose of selling.
Article 241 Whoever buys an abducted woman or child shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever buys an abducted woman and forcibly has sexual relations with her shall be convicted and punished in accordance with the provisions of Article 236 of this Law.
Whoever bribes an abducted woman or child, illegally deprives or restricts her personal freedom, or commits a criminal act such as harm or humiliation, shall be convicted and punished in accordance with the relevant provisions of this Law.
Whoever bribes an abducted woman or child and commits any of the criminal acts provided for in the second and third paragraphs shall be punished in accordance with the provisions on combined punishment for several crimes.
Whoever buys an abducted woman or child and then sells them out shall be convicted and punished in accordance with the provisions of Article 240 of this Law.
Whoever buys an abducted woman or child and does not abuse the child or obstructs their rescue may be given a lenient punishment; If, in accordance with the wishes of the purchased woman, her return to her place of origin is not impeded, the punishment may be mitigated or mitigated.
Article 242 Whoever, by means of violence or threats, obstructs the rescue of a bribed woman or child by means of violence or threats, shall be convicted and punished in accordance with the provisions of Article 277 of this Law.
The ringleaders who gather crowds to obstruct the rescue of bribed women and children by gathering crowds shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Where other participants use violent or threatening methods, they are to be punished in accordance with the provisions of the preceding paragraph.
Article 243 Whoever fabricates facts and falsely accuses and frames another person with the intention of subjecting him to criminal prosecution, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Where a functionary of a State organ commits the crime mentioned in the preceding paragraph, he shall be given a heavier punishment.
Where it is not intentionally framed, but a false accusation, or a false accusation, the provisions of the preceding two paragraphs shall not apply.
Article 244 Whoever, by means of violence, threat or restriction of personal freedom, forces another person to work shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever knowingly recruits or transports personnel for him or her, or has other acts of assisting others in forcing them to work, is to be punished in accordance with the provisions of the preceding paragraph.
Article 244-1 Whoever, in violation of labor management regulations, employs a minor under the age of 16 to engage in super-intensive physical labor, or engages in high-altitude or underground operations, or engages in labor in explosive, flammable, radioactive, poisonous or other dangerous environments, and the circumstances are serious, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever commits the act mentioned in the preceding paragraph, causing an accident, and constitutes another crime, shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 245 Whoever illegally searches another person's body or residence, or illegally invades another person's home, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Where judicial personnel abuse their powers and commit the crime mentioned in the preceding paragraph, they shall be given a heavier punishment.
Article 246 Whoever, by violence or other means, openly insults another person or fabricates facts to slander another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall only be handled if they are told, except for those that seriously endanger social order and the interests of the state.
Where the victim commits the conduct provided for in the first paragraph through an information network, and the victim informs the people's court, but it is truly difficult to provide evidence, the people's court may request that the public security organ provide assistance.
Article 247:Where judicial personnel extort confessions by torture against criminal suspects or defendants, or use violence to extract witness testimony, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury, disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
Article 248:Where supervisors of prisons, detention centers, detention centers, or other such regulatory bodies beat or physically punish or abuse the person in custody, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever causes injury, disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
Where supervisors instruct a person in custody to beat or physically punish or abuse other persons in custody, punishment is to be given in accordance with the provisions of the preceding paragraph.
Article 249 Whoever incites ethnic hatred or ethnic discrimination, if the circumstances are serious, 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 particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 250:Whoever publishes content that discriminates against or insults ethnic minorities in publications, where the circumstances are heinous and cause serious consequences, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 251 Whoever, if a functionary of a State organ illegally deprives citizens of their freedom of religious belief or infringes upon the customs and habits of ethnic minorities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 252 Whoever conceals, destroys or illegally opens another person's letter, infringing upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 Whoever opens or conceals or destroys mail or telegrams without authorization shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph and steals property shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
Article 253-1 Whoever, in violation of relevant state provisions, sells or provides citizens' personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of relevant state provisions, sells or provides citizens' personal information obtained in the course of performing their duties or providing services to others, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of each paragraph.
Article 254 Whoever, by abusing his power or pretending to be public servants for personal gain, retaliates against the accuser, complainant, critic or informant shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
Article 255 The leaders of a company, enterprise, public institution, organ or organization shall retaliate against the accountants or statisticians who perform their duties in accordance with law and resist violations of the Accounting Law or the Statistics Law, and if the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 256 Whoever, when electing deputies to people's congresses at all levels and leading personnel of state organs, uses violence, threats, deception, bribery, falsification of election documents, false reporting of electoral votes, or other means to undermine elections or obstruct voters and deputies from freely exercising their right to vote and to be elected, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.
Article 257 Whoever violently interferes with another person's freedom of marriage shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
The first paragraph of the crime shall be dealt with only if it is told.
Article 258 Whoever has a spouse and is bigamous, or who knowingly marries another person with a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 259 Whoever knowingly resides or marries the spouse of a serviceman on active duty shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever, by taking advantage of his or her powers or subordinate relationship, rapes the wife of a serviceman on active duty by means of coercion shall be convicted and punished in accordance with the provisions of Article 236 of this Law.
Article 260 Whoever abuses a family member if the circumstances are heinous shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
For the crimes mentioned in the first paragraph, only those who tell shall be dealt with, except where the victim is unable to tell them, or where they are unable to tell them due to coercion or intimidation.
Article 260-1 Whoever abuses a person under guardianship or care for minors, the elderly, sick persons, persons with disabilities, or other persons with guardianship or care duties, and if the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Where the act mentioned in the first paragraph also constitutes another crime, it shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 261 Whoever, if he or she is old, young, sick or otherwise incapable of independent living, has the obligation to provide for him or refuses to provide for him, if the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Article 262 Whoever abducts a minor under the age of 14 and leaves his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 262-1 Whoever, by means of violence or coercion, organizes a person with disabilities or a minor under the age of 14 to beg, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 262-bis Whoever organizes minors to engage in activities that violate the administration of public security, such as theft, fraud, robbery, extortion, etc., shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Chapter V: Crimes of Infringement of Property
Article 263 Whoever robs public or private property by force, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or have his property confiscated:
(1) Entering a home for robbery;
(2) Robbery on public transportation;
(3) robbing banks or other financial institutions;
(4) Repeated robberies or robberies with a huge amount;
(5) Robbery causing serious injury or death;
(6) Impersonating military or police personnel to rob;
(7) Robbery with a gun;
(8) Robbing military materials or emergency, disaster relief, or relief materials.
Article 264 Whoever steals public or private property in a relatively large amount, or who steals, steals into the home, steals with a murder weapon or pickpockets multiple times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.
Article 265 Whoever, for the purpose of making profits, steals another person's communication lines, copies another person's telecommunications code number, or knowingly uses telecommunications equipment or facilities that are stolen or copied, shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 266 Whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated. Where this Law provides otherwise, follow those provisions.
Article 267 Whoever robs public or private property in a relatively large amount, or robs it multiple times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.
Whoever carries a murder weapon for robbery shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Article 268 Whoever gathers a crowd to rob public or private property, the amount is relatively large or there are other serious circumstances, the ringleaders and those who actively participate in it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; Whoever has a huge amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 269 Whoever commits the crime of theft, fraud or robbery, and uses violence on the spot or threatens violence for the purpose of harboring stolen goods, resisting arrest or destroying evidence of the crime, shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Article 270 Whoever illegally takes possession of another person's property in custody on his behalf, and refuses to return the amount of money or property in his custody, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
Whoever illegally occupies another person's forgotten or buried property for himself, and the amount is relatively large, and refuses to hand them over, shall be punished in accordance with the provisions of the preceding paragraph.
This crime shall be dealt with only if it is told.
Article 271 A staff member of a company, enterprise or other unit who, by taking advantage of his or her position, illegally appropriates the property of his or her own unit for himself, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined;
Whoever engages in public service in a State-owned company, enterprise or other State-owned unit and a person appointed by a State-owned company, enterprise or other State-owned unit to engage in public service in a non-State-owned company, enterprise or other unit commits the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 272 A staff member of a company, enterprise or other unit who, by taking advantage of his or her position, embezzles the funds of his unit for personal use or lends them to others, and the amount is relatively large, has not been repaid for more than three months, or although it has not exceeded three months, but the amount is relatively large, he has carried out profit-making activities, or has carried out illegal activities, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount of funds of his unit is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
Whoever engages in public service in a State-owned company, enterprise or other State-owned unit and a person appointed by a State-owned company, enterprise or other State-owned unit to engage in public service in a non-State-owned company, enterprise or other unit commits the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Where there is an act mentioned in the first paragraph, the misappropriated funds are returned before the public prosecution is initiated, the punishment may be mitigated or mitigated. Among them, where the crime is relatively minor, the punishment may be mitigated or waived.
Article 273 Whoever misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, preferential care, poverty alleviation, migration, or relief, if the circumstances are serious and cause major harm to the interests of the State and the people, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 274 Whoever extorts public or private property in a relatively large amount or extorts money multiple times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.
Article 275 Whoever intentionally destroys public or private property in a relatively large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; Whoever has a huge amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 276 Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates cultivated livestock or sabotages production and operation by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 276-1 Whoever evades the payment of the laborer's labor remuneration by means of transferring property, hiding, or so on, or who has the ability to pay but does not pay the labor remuneration of the worker, if the amount is relatively large, and is ordered to pay by the relevant government departments and still fails to pay, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where there are acts mentioned in the preceding two paragraphs that have not yet caused serious consequences, and the labor remuneration of the worker is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be mitigated or waived.
Chapter VI: Crimes of Obstructing the Order of Social Management
Section 1: Crimes of disturbing public order
Article 277 Whoever, by means of violence or threats, obstructs a functionary of a State organ from performing his duties in accordance with 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 violence or threats, obstructs deputies to the National People's Congress and local people's congresses at all levels from performing their duties as deputies in accordance with law shall be punished in accordance with the provisions of the preceding paragraph.
In the event of natural disasters or emergencies, red cross personnel are obstructed by means of violence or threats in performing their duties in accordance with law, and punishment is given in accordance with the provisions of the first paragraph.
Whoever deliberately obstructs state security organs or public security organs from lawfully performing national security work tasks, and fails to use violent or threatening methods, causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks a people's policeman who is lawfully performing his duties shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; whoever uses a firearm, a controlled knife, or uses a motor vehicle to strike, or seriously endangers his personal safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 278 Whoever incites the masses to violently resist the implementation of State 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; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 279 Whoever impersonates a functionary of a State organ to swindle or deceive 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever pretends to be a people's policeman to swindle and deceive shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 280 Whoever forges, alters, buys or sells, or steals, robs or destroys 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, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever forges the seal of a company, enterprise, public 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, and shall also be fined.
Whoever forges, alters or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that can be used to prove identity in accordance with law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 280-1 Whoever, in the course of providing identity proof in accordance with State provisions, uses forged, altered, or stolen other person's resident identity cards, passports, social security cards, driver's licenses, and other documents that can be used to prove identity in accordance with law, if the circumstances are serious, shall be sentenced to criminal detention or public surveillance, and shall also be fined or fined individually.
Article 280-2 Whoever embezzles or fraudulently uses the identity of another person to substitute for the qualifications for admission to higher education, the qualifications for the recruitment of civil servants, or the treatment of job placement obtained by others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Whoever organizes or instructs others to carry out the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Where a State functionary commits any of the acts mentioned in the preceding two paragraphs and commits other crimes, he shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 281 Whoever illegally produces or buys or sells people's police uniforms, vehicle number plates, and other special signs or police equipment, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually.
Article 282 Whoever illegally obtains state secrets by means of stealing, spying or bribing 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever illegally possesses documents, materials or other items that are top secret or confidential of the State and refuses to explain the source and purpose shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 283 Whoever illegally manufactures or sells special espionage equipment or special equipment for eavesdropping or stealing licenses shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 284 Whoever illegally uses special equipment for eavesdropping or stealing photos, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Article 284-1 Whoever organizes cheating in a state examination prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever provides cheating equipment or other assistance to others in carrying out the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever, for the purpose of committing cheating on an examination, illegally sells or provides to others the examination questions or answers provided for in the first paragraph shall be punished in accordance with the provisions of the first paragraph.
Whoever substitutes for another person or allows another person to take the examination provided for in the first paragraph in his place shall be sentenced to criminal detention or public surveillance, and shall also be fined or fined severally.
Article 285 Whoever, in violation of State regulations, intrudes into a computer information system in the field of state affairs, national defense construction, or cutting-edge science and technology, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever, in violation of State provisions, invades a computer information system other than those provided for in the preceding paragraph, or employs other technical means, obtains data stored, processed, or transmitted in that computer information system, or exercises illegal control over that computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Providing programs or tools specifically for intruding or illegally controlling computer information systems, or providing programs or tools for others knowingly committing illegal or criminal acts of invading or illegally controlling computer information systems, where the circumstances are serious, is to be punished in accordance with the provisions of the preceding paragraph.
Article 286 Whoever, in violation of State regulations, deletes, modifies, adds, or interferes with the functions of a computer information system, causing the computer information system to fail to operate normally, with serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever, in violation of State regulations, deletes, modifies, or adds data and applications stored, processed, or transmitted in computer information systems, and the consequences are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever deliberately produces or disseminates computer viruses or other destructive programs that affect the normal operation of a computer system, with serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 286-1: Where network service providers do not perform their information network security management obligations provided for by laws or administrative regulations, and refuse to make corrections upon order by the regulatory departments to take corrective measures, in any of the following circumstances, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually:
(1) Causing a large amount of illegal information to be disseminated;
(2) Causing user information to be leaked, causing serious consequences;
(3) Causing the loss of evidence in the criminal case, where the circumstances are serious;
(4) There are other serious circumstances.
Article 287 Whoever uses a computer to commit financial fraud, theft, embezzlement, embezzlement of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
Article 287-1 Whoever uses an information network to commit any of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually:
(1) Establishing websites or communication groups used to carry out fraud, teach criminal methods, produce or sell prohibited or controlled items, or other illegal or criminal activities;
(2) Publishing information on the production or sale of narcotics, firearms, obscene materials, and other prohibited items, controlled articles, or other illegal or criminal offenses;
(3) Publishing information for the purpose of committing fraud or other illegal or criminal activities.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 287-2 Whoever knowingly knows that others are using information networks to commit crimes, provides technical support such as Internet access, server hosting, network storage, or communication transmission for their crimes, or provides assistance such as advertising promotion, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually.
Article 288 Whoever, in violation of the provisions of the State, sets up or uses radio stations (stations) without authorization, or uses radio frequencies without authorization, interferes with the order of radio communications, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 289 Whoever gathers a crowd to "smash and rob" and causes injury, disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever destroys or robs public or private property shall, in addition to ordering restitution, convict and punish the ringleader in accordance with the provisions of Article 263 of this Law.
Article 290 Whoever gathers a crowd to disturb social order and the circumstances are serious, making it impossible to carry out work, production, business, teaching, scientific research or medical treatment, causing serious losses, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the ringleaders; Anyone else who actively participates shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever gathers a crowd to attack a state organ, making it impossible for the work of the state organ to proceed, causing serious losses, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years for the ringleaders; Anyone else who actively participates shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Whoever repeatedly disrupts the work order of a state organ and fails to make corrections after administrative punishment, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever repeatedly organizes or funds illegal gatherings of others, disrupting social order, and the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Article 291 Where a crowd is gathered to disturb the order of a station, wharf, civil aviation station, shopping mall, park, theater, exhibition, sports field or other public place, or a crowd jams traffic or disrupts traffic order, resists or obstructs the State security administration personnel from performing their duties in accordance with 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 291-1 Whoever releases false explosive, poisonous, radioactive, infectious disease pathogens, or other such substances, or fabricates terrorist information such as explosive threats, biochemical threats, or radiological threats, or knowingly disseminates terrorist information knowingly, thereby seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever fabricates false dangerous situations, epidemic situations, disaster situations, or police situations, and disseminates them on information networks or other media, or knowingly disseminates the above-mentioned false information on information networks or other media, thereby seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 291-2 Whoever throws an object from a building or other height, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined or fined alone.
Article 292 Whoever gathers a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the ringleaders and others actively participate; In any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
(1) Gathering crowds to fight many times;
(2) Gathering a crowd to fight with a large number of people, a large scale, and a bad social impact;
(3) Gathering crowds to fight in public places or major traffic routes, causing serious disorder in social order;
(4) Armed gathering crowds to fight.
Whoever gathers a crowd to fight and causes serious injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Article 293 Whoever commits any of the following acts of picking quarrels and provoking trouble, thereby disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(1) Beating others at will, where the circumstances are heinous;
(2) Chasing, intercepting, insulting, or intimidating others, where the circumstances are heinous;
(3) Forcibly taking or arbitrarily destroying or occupying public or private property, where the circumstances are serious;
(4) Causing disturbances in public places, causing serious disorder in public places.
Whoever gathers others to repeatedly carry out the acts mentioned in the preceding paragraph and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
Article 293-1 In any of the following circumstances, if the collection of illegal debts arising from usurious lending, etc., if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone:
(1) Using methods of violence or coercion;
(2) Restricting the personal freedom of others or invading another person's residence;
(3) Intimidating, stalking, or harassing others.
Article 294 Whoever organizes or leads an organization of a mafia nature shall be sentenced to fixed-term imprisonment of not less than seven years and confiscation of property; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or have their property confiscated; Any other person who participates shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may also be fined.
Where a person of a foreign mafia organization goes within the territory of the People's Republic of China to develop members of the organization, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever, a functionary of a State organ who shields an organization of a mafia nature, or connives at an organization of a mafia nature to carry out illegal or criminal activities, shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever commits the crimes mentioned in the preceding three paragraphs and commits other criminal acts shall be punished in accordance with the provisions on combined punishment for several crimes.
Mafia-type organizations shall also possess the following characteristics:
(1) Forming a relatively stable criminal organization, with a relatively large number of people, clear organizers and leaders, and basically fixed backbone members;
(2) Systematically obtaining economic benefits through illegal or criminal activities or other means, and having a certain degree of economic strength to support the organization's activities;
(3) Using violence, threats, or other means to systematically and repeatedly carry out illegal or criminal activities, for the purpose of doing evil, bullying, or maiming the masses;
(4) Hegemony over one party by carrying out illegal or criminal activities, or by taking advantage of the shielding or connivance of state functionaries, forming illegal control or major influence in a certain region or industry, and seriously undermining the order of economic and social life.
Article 295 Whoever teaches the method of committing a crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 296 Whoever, in holding an assembly, procession or demonstration, fails to apply for or obtains permission in accordance with the provisions of law, or fails to follow the starting and ending time, place or route permitted by the competent authority, and refuses to obey the dissolution order, thereby seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights to the persons responsible for the assembly, procession or demonstration and the persons directly responsible for the assembly, procession or demonstration.
Article 297 Whoever, in violation of the provisions of law, carries a weapon, controlled knife or explosives to participate in an assembly, procession or demonstration shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Article 298 Whoever disrupts, shocks or otherwise disrupts an assembly, procession or demonstration held in accordance with law, causing disorder in 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, in a public place, deliberately insults the national flag or national emblem of the People's Republic of China by burning, destroying, graffiti, defiling or trampling on it, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever, in a public place, deliberately tampers with the lyrics or score of the national anthem of the People's Republic of China, plays the national anthem in a distorted or derogatory manner, or insults the national anthem in other ways, and the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Article 299-1 Whoever insults, slanders or otherwise infringes upon the honor or honor of heroes and martyrs, harming the societal public interest, if the circumstances are serious, 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 religious sects, cults, or superstitions to sabotage the implementation of state laws or administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Where the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have his property confiscated; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined or fined severally.
Whoever organizes or uses a religious sect or a cult or uses superstition to deceive others, causing serious injury or death to another person, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the crime mentioned in the first paragraph and commits another criminal act such as raping a woman or defrauding property shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 301 Whoever gathers a crowd to carry out sexual activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for the ringleaders or those who have participated in them multiple times.
Whoever induces minors to participate in mass fornication activities shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 302 Whoever steals, insults or intentionally destroys a corpse, bones or ashes 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 making profits, gathers a crowd to gamble or engages in gambling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined;
Whoever organizes citizens of the People's Republic of China to participate in gambling outside the country (territory) and the amount is huge or there are other serious circumstances shall be punished in accordance with the provisions of the preceding paragraph.
Article 304 Whoever, in a serious irresponsibility, deliberately delays the delivery of mail, thereby causing major losses to public property, the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Section 2: Crimes of obstructing the administration of justice
Article 305:Whoever, in a criminal procedure, a witness, evaluator, recorder or interpreter deliberately makes false testimony, appraisal, record, or translation of circumstances that have an important relationship with the case, with the intention of framing others or concealing evidence of the crime, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 306:Whoever, in a criminal procedure, destroys or fabricates evidence, assists a party in destroying or fabricating evidence, threatens or induces witnesses to change their testimony against the facts, or gives perjury testimony, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Witness testimony or other evidence provided, presented, or cited by defenders or agents ad litem is untrue, is not intentionally fabricated, and is not fabricated evidence.
Article 307 Whoever, by means of violence, threats, bribery or other means, prevents witnesses from testifying or instructs others to give perjury testimony, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever assists a party in destroying or fabricating evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Where judicial personnel commit the crimes mentioned in the preceding two paragraphs, they shall be given a heavier punishment.
Article 307-1 Whoever initiates a civil lawsuit on the basis of fabricated facts, obstructs judicial order or seriously infringes upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall be fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever commits the act mentioned in the first paragraph, illegally taking possession of another person's property or evading lawful debts, and then constituting another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Where judicial personnel use their authority to jointly carry out the acts mentioned in the preceding three paragraphs with others, they shall be given a heavier punishment; Where other crimes are also constituted, they shall be convicted and given heavier punishments in accordance with the provisions on heavier punishments.
Article 308 Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 308-1 Whoever, a judicial functionary, defender, agent ad litem, or other litigation participants, leaks information that should not be disclosed in a case that is not to be publicly tried in accordance with law, causing the dissemination of information or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually.
Whoever commits the conduct mentioned in the preceding paragraph and leaks state secrets shall be convicted and punished in accordance with the provisions of Article 398 of this Law.
Where case information provided for in paragraph 1 is publicly disclosed or reported, where the circumstances are serious, punishment is to be given in accordance with the provisions of paragraph 1.
Article 309 Whoever, in any of the following circumstances disrupting court order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine:
(1) Gathering a crowd to make noise or storm the courtroom;
(2) Assaulting judicial personnel or litigation participants;
(3) Insulting, slandering, or threatening judicial personnel or litigation participants, not listening to the court to stop them, and seriously disrupting courtroom order;
(4) Acts that disrupt courtroom order, such as destroying courtroom facilities, snatching or destroying litigation documents or evidence, where the circumstances are serious.
Article 310 Whoever, knowingly committing a crime, provides him with a hiding place or property, helps him escape or gives false certificates to cover up, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever commits the crime mentioned in the preceding paragraph or commits conspiracy in advance shall be punished as a joint crime.
Article 311:Whoever, knowingly knows that another person has committed a crime of espionage or a terrorist or extremist crime, refuses to provide it when the judicial organ investigates the relevant circumstances or collects relevant evidence, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 312 Whoever, knowingly conceals, transfers, acquires, sells on behalf of, or disguises or conceals it by other means, knowing that it is the proceeds of crime and the proceeds thereof, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 313 Whoever refuses to enforce a people's court's judgment or ruling if it has the capacity to enforce it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 314 Whoever conceals, transfers, sells or intentionally destroys property that has been sealed, seized or frozen by the judicial organs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Article 315:Where a convict detained in accordance with law commits any of the following acts undermining the order of supervision, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years:
(1) Beating supervisors;
(2) Organizing other persons under supervision to disrupt the order of supervision;
(3) Gathering crowds to make trouble, disrupting normal supervision and control order;
(4) Beating or corporal punishment, or instructing others to beat or physically punish other persons in custody.
Article 316:Where a convict, defendant or criminal suspect who is lawfully detained escapes, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever robs a convict, defendant or criminal suspect while on the way to escort shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 317 Whoever organizes the escape from prison and actively participates in it shall be sentenced to fixed-term imprisonment of not less than five years; Any other participant shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Ringleaders who escape from prison in riot or gather crowds to rob prisons with weapons and actively participate in them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; Where the circumstances are particularly serious, the death penalty shall be imposed; Anyone else who participates shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Section 3: Crimes of obstructing the management of national (border) borders
Article 318 Whoever organizes others to illegally cross the national (border) border shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have his property confiscated:
(1) Organizing others to sneak across the national (border) border group as the ringleader;
(2) Repeatedly organizing others to illegally cross the national (border) border or organizing others to illegally cross the national (border) border with a large number of people;
(3) Causing serious injury or death to the person being organized;
(4) Depriving or restricting the personal freedom of the person being organized;
(5) Resisting inspections by means of violence or threats;
(6) The amount of unlawful gains is huge;
(7) There are other particularly serious circumstances.
Whoever commits the crime mentioned in the preceding paragraph and commits a criminal act such as killing, injuring, raping, or abducting or selling the person being organized, or commits a criminal act such as killing or injuring an inspector, he shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 319 Whoever, in the name of the export of labor services, economic and trade exchanges or other pretexts, fraudulently obtains passports, visas or other exit documents for the purpose of organizing others to sneak across the national (border) border shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 320 Whoever provides another person with forged or altered passports, visas or other entry-exit documents, or sells passports, visas or other entry-exit documents, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Article 321 Whoever transports another person across the national (border) border illegally shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined:
(1) Carrying out transportation acts multiple times or transporting a large number of people;
(2) The vessels, vehicles, or other means of transportation used do not have the necessary safety conditions, which are sufficient to cause serious consequences;
(3) The amount of unlawful gains is huge;
(4) There are other particularly serious circumstances.
Whoever, while transporting another person across the national (border) border, causes serious injury or death to the person being transported, or resists the inspection by means of violence or threats, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits a criminal act such as killing, injuring, raping, or abducting or selling a person being transported, or commits a criminal act such as killing or injuring an inspector, shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 322 Whoever, in violation of the laws and regulations on the management of the national (border) border, illegally crosses the national (border) border, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined; Whoever, for the purpose of participating in a terrorist organization, receiving training in terrorist activities or carrying out terrorist activities, illegally crosses the national (border) border shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.
Article 323 Whoever deliberately destroys boundary markers, boundary pillars or permanent survey markers at the state border shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Section 4: Crimes of obstructing the management of cultural relics
Article 324 Whoever intentionally damages precious cultural relics protected by the State or cultural relics that have been designated as a national key cultural relics protection unit or a provincial-level cultural relics protection unit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever intentionally damages a scenic spot or monument protected by the State and if the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined severally.
Whoever, by negligently damages precious cultural relics protected by the State or cultural relics that have been designated as a national key cultural relics protection unit or a provincial-level cultural relics protection unit, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 325 Whoever, in violation of the laws and regulations on the protection of cultural relics, sells or privately gives to a foreigner a precious cultural relics in his collection that is prohibited from being exported by the State shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may also be fined.
Article 326 Whoever, for the purpose of making a profit, resells cultural relics prohibited by the State, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Article 327 Whoever, in violation of laws and regulations on the protection of cultural relics, sells or privately gives to a non-State-owned unit or individual a collection of cultural relics protected by the State, a state-owned museum, library or other unit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the persons directly in charge and other persons directly responsible for it.
Article 328 Whoever illegally excavates an ancient cultural site or tomb of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated:
(1) Illegally excavating ancient cultural sites or tombs identified as national key cultural relics protection units or provincial-level cultural relics protection units;
(2) The leading elements of groups that have excavated ancient cultural sites and ancient tombs;
(3) Repeatedly excavating ancient cultural sites or ancient tombs;
(4) Excavating ancient cultural sites or tombs, and stealing precious cultural relics or causing serious damage to precious cultural relics.
Whoever excavates fossils of ancient humans and ancient vertebrates of scientific value protected by the State shall be punished in accordance with the provisions of the preceding paragraph.
Article 329 Whoever snatches or steals archives owned by the State 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 archives owned by the State without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever commits the acts mentioned in the preceding two paragraphs and at the same time constitutes other crimes provided for in this Law shall be convicted and punished in accordance with the provisions on heavier punishments.
Section 5: Crimes of endangering public health
Article 330 Whoever, in any of the following circumstances, in violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, causes the spread of a Class A infectious disease or an infectious disease that has been determined in accordance with law to adopt measures for the prevention or control of a Class A infectious disease or has a serious risk of spreading, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
(1) The drinking water supplied by the water supply unit does not meet the sanitary standards provided by the State;
(2) Refusing to disinfect sewage, dirt, places and articles contaminated by pathogens of infectious diseases in accordance with the sanitary requirements put forward by disease prevention and control institutions;
(3) Permitting or conniving at patients with infectious diseases, pathogen carriers, and patients suspected of being infected with infectious diseases to engage in work that is likely to spread the infectious disease that is prohibited by the administrative department of health under the State Council;
(4) Selling or transporting articles in epidemic areas that are contaminated by pathogens of infectious diseases or may be contaminated by pathogens of infectious diseases, and failing to carry out disinfection treatment;
(5) Refusing to implement the prevention and control measures proposed by people's governments at the county level or above and disease prevention and control institutions in accordance with the Law on the Prevention and Control of Infectious Diseases.
The scope of Class A infectious diseases shall be determined in accordance with the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases and the relevant provisions of the State Council.
Article 331 Whoever engages in experimentation, preservation, carrying or transport of strains or poisons of infectious diseases, in violation of the relevant provisions of the administrative department of health under the State Council, causes the spread of strains or poisons of infectious diseases, with serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 332 Whoever, in violation of the provisions on health and quarantine at the border, causes the spread of quarantine infectious diseases or has a serious risk of spreading, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually.
Article 333 Whoever illegally organizes another person to sell blood shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; Whoever, by means of violence or threats, compels another person to sell his blood shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Whoever commits the conduct mentioned in the preceding paragraph and causes harm to another person shall be convicted and punished in accordance with the provisions of Article 234 of this Law.
Article 334 Whoever illegally collects or supplies blood, or manufactures or supplies blood products, does not meet the standards prescribed by the State and is sufficient to endanger human health, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.
Departments that have been approved by the competent state departments to collect or supply blood, or that produce or supply blood products, and fail to conduct testing in accordance with regulations or violate other operational regulations, causing consequences that endanger the health of others, shall be fined, and the persons who are directly in charge and other persons who are directly responsible for them shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 334-1 Whoever, in violation of relevant national provisions, illegally collects our nation's human genetic resources or illegally transports, mails, or carries our nation's human genetic resources materials out of the country, endangering public health or the societal public interest, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually;
Article 335 Whoever, due to serious irresponsibility, causes the death of a patient or seriously impairs the health of a medical person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 336 Whoever illegally practices medicine without obtaining a doctor's professional qualification shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever seriously harms the health of the person seeking medical treatment shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever causes the death of a person shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.
A person who has not obtained a doctor's qualification to practice without authorization performs birth control reversal surgery, sham birth control surgery, termination of pregnancy surgery or removal of an intrauterine device for another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; Whoever seriously harms the health of the person seeking medical treatment shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever causes the death of a person shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.
Article 336-1 Whoever implants a gene-edited or cloned human embryo into a human body or animal, or implants a gene-edited or cloned animal embryo into a human body, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined;
Article 337 Whoever, in violation of the provisions of the State on the prevention and quarantine of animals and plants, causes a major epidemic situation of animals and plants, or there is a danger of causing a major epidemic of animals and plants, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone.
Section 6: Crimes of undermining the protection of environmental resources
Article 338 Whoever, in violation of State regulations, discharges, dumps or disposes of radioactive wastes, wastes containing pathogens of infectious diseases, toxic substances or other harmful substances, thereby seriously polluting the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined individually;
(1) Discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, or toxic substances in key protected areas lawfully determined in areas of drinking water source protection areas, core protected areas of nature reserves, and other areas of protection in accordance with law, where the circumstances are particularly serious;
(2) Discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, or toxic substances into the waters of important rivers or lakes designated by the State, where the circumstances are particularly serious;
(3) Causing the loss or permanent destruction of the basic functions of a large number of permanent basic farmlands;
(4) Causing serious injury or serious illness to multiple people, or causing serious disability or death.
Article 339 Whoever, in violation of State regulations, dumps, stacks or disposes of solid wastes from abroad shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever causes a major environmental pollution accident, causing major losses to public or private property or seriously endangering human health, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.
Whoever, without the permission of the relevant competent department of the State Council, imports solid waste as raw material without authorization, causing a major environmental pollution accident, causing major losses to public or private property or seriously endangering human health, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Whoever, in the name of the utilization of raw materials, imports solid wastes, liquid wastes or gaseous wastes that cannot be used as raw materials shall be convicted and punished in accordance with the provisions of the second and third paragraphs of Article 152 of this Law.
Article 340 Whoever, in violation of laws and regulations on the protection of aquatic resources, catches aquatic products in a fishing ban area, during a fishing ban period, or uses prohibited tools or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Article 341 Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally acquires, transports or sells rare or endangered wildlife under key national protection and their products, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or have his property confiscated.
Whoever, in violation of hunting laws and regulations, hunts in a forbidden hunting area, during a hunting ban period, or uses prohibited tools or methods to destroy wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Where terrestrial wild animals that illegally grow and reproduce in a wild environment other than those provided for in paragraph 1 for the purpose of consumption in violation of laws and regulations on the protection and management of wild animals are illegally hunted, acquired, transported, or sold for the purpose of consumption, where the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.
Article 342 Whoever, in violation of land management laws and regulations, illegally occupies cultivated land, forest land or other agricultural land, changes the use of the occupied land, and the quantity is relatively large, causing a large amount of destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined alone.
Article 342-1 Whoever, in violation of the laws and regulations on the management of natural protected areas, carries out reclamation or development activities or constructs buildings in national parks or national nature reserves, causing serious consequences or has other heinous circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined individually.
Article 343 Whoever, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters a state-planned mining area, a mining area of great value to the national economy or a mining area of others without authorization, or exploits a specific type of mineral that the State provides for protective mining without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the provisions of the Mineral Resources Law, exploits mineral resources by destructive mining methods, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
Article 344 Whoever, in violation of State regulations, illegally harvests or destroys precious trees or other plants under key national protection, or illegally acquires, transports, processes or sells precious trees or other plants under key national protection and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 344-1 Whoever, in violation of State regulations, illegally introduces, releases or discards invasive alien species, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone.
Article 345 Whoever illegally cuts down a forest or other forest tree in a relatively large quantity shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever is in large quantity shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; The amount is particularly large and shall be punished with fixed-term imprisonment of not less than seven years and a fine.
Whoever, in violation of the provisions of the Forestry Law, indiscriminately cuts down forests or other forest trees in large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; A person who is in large number shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever illegally acquires or transports a forest that is known to have been illegally or indiscriminately logged, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever illegally or indiscriminately cuts down forests or other trees in a national nature reserve shall be given a heavier punishment.
Article 346 Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the articles of this Section.
Section 7: Crimes of smuggling, trafficking, transporting, or manufacturing narcotics
Article 347:Whoever smuggles, sells, transports or manufactures narcotics, regardless of the quantity, shall be investigated for criminal responsibility and given a criminal punishment.
Whoever smuggles, sells, transports or manufactures narcotics in any of the following circumstances shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment or the death penalty, and shall also be sentenced to confiscation of property:
(1) Smuggling, selling, transporting, or manufacturing more than 1 kilogram of opium, 50 grams or more of heroin or methamphetamine, or other drugs in large quantities;
(2) The ringleaders of a smuggling, trafficking, transporting, or manufacturing drug syndicate;
(3) Armed cover for smuggling, trafficking, transportation, or manufacture of narcotics;
(4) Resisting inspection, detention, or arrest with violence, where the circumstances are serious;
(5) Participating in organized international drug trafficking activities.
Whoever smuggles, sells, transports or manufactures opium of more than 200 grams and less than 1 kilogram, heroin or methamphetamine with a maximum of 10 grams but not more than 50 grams of other drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever smuggles, sells, transports or manufactures less than 200 grams of opium, heroin or methamphetamine less than 10 grams or other small quantities of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where a unit commits the crimes mentioned in the second, third, or fourth paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of each paragraph.
Whoever uses or instigates minors to smuggle, sell, transport, or manufacture narcotics, or sells narcotics to minors, shall be given a heavier punishment.
Where drugs are smuggled, trafficked, transported or manufactured multiple times and are not treated, the quantity of drugs is cumulatively calculated.
Article 348 Whoever illegally possesses more than 1 kilogram of opium, 50 grams or more of heroin or methamphetamine or other drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined; Whoever illegally possesses more than 200 grams of opium and less than 1 kilogram, heroin or methamphetamine with a maximum of 10 grams but not more than 50 grams of other drugs, or a relatively large quantity of other drugs, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 349 Whoever shields a criminal who smuggles, sells, transports or manufactures narcotics, and conceals, transfers or conceals drugs or property derived from crime for the criminals, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever covers or shields criminals smuggling, trafficking, transporting, or manufacturing narcotics by anti-narcotics personnel or other functionaries of state organs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits conspiracy in advance shall be punished as an accomplice to the crimes of smuggling, trafficking, transporting or manufacturing narcotics.
Article 350 Whoever, in violation of State regulations, illegally produces, trades or transports acetic anhydride, ether, trichloromethane or other raw materials or ingredients used in the manufacture of narcotics, or carries the above-mentioned items into or out of the country, if the circumstances are more serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or have his property confiscated.
Whoever knowingly produces, buys, sells or transports for another person the items provided for in the preceding paragraph shall be punished as an accomplice to the crime of manufacturing drugs.
Article 351 Whoever illegally cultivates opium poppy, marijuana or other narcotic plants shall be forcibly eradicated. In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined:
(1) Planting more than 500 opium poppy plants and less than 3,000 plants or other large quantities of narcotic plants;
(2) Planting after being handled by the public security organs;
(3) Resisting eradication.
Whoever illegally cultivates more than 3,000 opium poppy plants or a large number of other narcotic plants shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated.
The illegal cultivation of opium poppies or other narcotic plants that are automatically eradicated before harvest may be exempted from punishment.
Article 352 Whoever illegally trades, transports, carries or possesses seeds or seedlings of raw opium poppies or other narcotic plants that have not been sterilized, in large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually.
Article 353 Whoever induces, instigates or deceives another person into taking or injecting drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever compels another person to take or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever induces, instigates, deceives, or compels minors to consume or inject drugs shall be given a heavier punishment.
Article 354 Whoever allows another person to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Article 355 Whoever, in accordance with law, engages in the production, transportation, management or use of narcotic drugs or psychotropic substances controlled by the State, and in violation of State regulations, provides narcotic drugs or psychotropic substances that are controlled by the State and can cause people to become addicted to narcotic drugs or psychotropic substances that are controlled by the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever provides narcotic drugs or psychotropic substances that are controlled by the State and can cause people to become addicted to narcotic drugs or psychotropic substances that are controlled by the State for the purpose of making profits, or to persons who, for the purpose of making profits, shall be convicted and punished in accordance with the provisions of Article 347 of this Law.
Article 355-1 Whoever induces, instigates or deceives athletes to use doping to participate in major domestic or international sports competitions, or knowingly provides athletes with doping in the above-mentioned competitions, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
Whoever organizes or compels athletes to use doping to participate in major domestic or international sports competitions shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 356 Whoever has been sentenced for the crime of smuggling, trafficking, transporting, manufacturing or illegally possessing narcotics and commits the crimes provided for in this section shall be given a heavier punishment.
Article 357"Narcotics as used in this Law refer to opium, heroin, methamphetamine (methamphetamine), morphine, marijuana, cocaine and other narcotic drugs and psychotropic substances that can cause people to become addicted to addiction.
The quantity of drugs is calculated based on the quantity of smuggled, trafficked, transported, manufactured or illegally possessed drugs that have been verified to be true, and is not calculated by purity.
Article 358 Whoever organizes or forces another person into prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.
Whoever organizes or forces minors into prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits criminal acts such as killing, injury, rape, or kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
Whoever recruits or transports persons for the purpose of organizing prostitution or has other assistance in organizing the prostitution of others shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Article 359 Whoever induces, accommodates or introduces another person into prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Whoever induces a minor girl under the age of 14 to prostitution shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Article 360 Whoever knowingly suffers from syphilis, gonorrhea or other serious sexually transmitted diseases, engages in prostitution or prostitutes, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined.
Article 361 Whoever, by taking advantage of the conditions of that unit, organizes, coerces, induces, accommodates or introduces another person into prostitution, shall be convicted and punished in accordance with the provisions of Articles 358 and 359 of this Law.
Where the principal responsible person of the unit listed in the preceding paragraph commits the crime mentioned in the preceding paragraph, he shall be given a heavier punishment.
Article 362:Where personnel of hotels, catering services, cultural and entertainment industries, taxi industries, and other such units report information to lawbreakers and criminals when the public security organs investigate and deal with prostitution or prostitution activities, and the circumstances are serious, they shall be convicted and punished in accordance with the provisions of article 310 of this Law.
Section 9: Crimes of producing, selling, or disseminating obscene materials
Article 363 Whoever, for the purpose of making profits, produces, reproduces, publishes, sells or disseminates obscene materials shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have their property confiscated.
Whoever provides a book number to another person and publishes an obscene book shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined severally; Whoever knowingly provides a book number knowingly for the purpose of publishing obscene books and periodicals shall be punished in accordance with the provisions of the preceding paragraph.
Article 364 Whoever disseminates obscene books, periodicals, films, audio-visuals, pictures or other obscene materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Whoever organizes the broadcast of obscene films, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever produces or reproduces obscene films, video recordings, or other audio-visual products for broadcast, shall be given a heavier punishment in accordance with the provisions of the second paragraph.
Whoever disseminates obscene materials to minors under the age of 18 shall be given a heavier punishment.
Article 365 Whoever organizes an obscene performance shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 366 Where a unit commits the crimes provided for in Articles 363, 364 or 365 of this Section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of those articles.
Article 367:"Obscene materials" as used in this Law refers to obscene books, periodicals, films, videotapes, audio tapes, pictures, and other obscene materials that specifically depict sexual acts or explicitly promote pornography.
Scientific works on human physiology and medical knowledge are not obscene.
Literary and artistic works of artistic value that contain pornographic content are not considered obscene materials.
Chapter VII Crimes of Endangering the Interests of National Defense
Article 368 Whoever, by means of violence or threats, obstructs a serviceman from performing his duties in accordance with law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Whoever deliberately obstructs the military operations of the armed forces, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 369 Whoever destroys weapons and 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 destroys important weapons and equipment, military installations or military communications shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding paragraph and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever commits the crimes mentioned in the preceding two paragraphs during war shall be given a heavier punishment.
Article 370 Whoever, knowingly providing unqualified weapons and equipment or military facilities to the armed forces, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Where a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for it shall be punished in accordance with the provisions of the first paragraph.
Article 371 Whoever gathers a crowd to storm a military restricted area and seriously disrupts the order of the military restricted area shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years for the ringleaders; Anyone else who actively participates shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Whoever gathers a crowd to disturb the order of the military management zone and the circumstances are serious, so that the work of the military management zone cannot be carried out and causes serious losses, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the ringleaders; Anyone else who actively participates 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 pretends to be a military member to swindle 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 373 Whoever incites a serviceman to flee the army or is hired knowingly by a serviceman who has fled the army, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 374 Whoever, in the course of conscription, engages in favoritism or malpractice, picks up or drops off unqualified soldiers, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 375 Whoever forges, alters, buys or sells, steals or robs 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever illegally produces or trades in the uniforms of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually.
Whoever forges, steals, buys or sells, or illegally provides or uses special emblems such as the number plates of armed forces vehicles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined
Where a unit commits the crimes mentioned in the second and third paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of each paragraph.
Article 376 A reservist who refuses or evades conscription or military training during wartime shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Citizens who refuse or evade service in time of war, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 377 Whoever, in time of war, deliberately provides false enemy information to the armed forces, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 378 Whoever, in time of war, spreads rumors to confuse the public or disturbs the hearts and minds of the military shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 379 Whoever, in time of war, knowingly provides a hidden place or property to a soldier who has fled the army, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 380 Whoever refuses or deliberately delays a military order in time of war, if the circumstances are serious, shall be fined to the unit, and the persons who are directly in charge and the other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than five years.
Article 381 Whoever refuses to be subjected to military expropriation or requisition in time of war, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Chapter VIII: Crimes of Corruption and Bribery
Article 382 Whoever, by taking advantage of his position, embezzles, steals, fraudulently obtains or illegally takes possession of public property by other means, is guilty of embezzlement.
Whoever, entrusted by a state organ, state-owned company, enterprise, public institution or people's organization, manages or manages state-owned property, takes advantage of his position to embezzle, steal, fraudulently obtain, or illegally possess state-owned property by other means, shall be considered as embezzlement.
Any person who colludes with the persons listed in the preceding two paragraphs and colludes with corruption shall be punished as accomplices.
Article 383 Whoever commits the crime of embezzlement shall be punished in accordance with the following provisions according to the seriousness of the circumstances:
(1) Whoever embezzles a relatively large amount or has other relatively serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
(2) Whoever embezzles a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or have his property confiscated.
(3) Where the amount of embezzlement is particularly large or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated; Whoever is particularly large in amount and suffers particularly heavy losses to the interests of the State and the people shall be sentenced to life imprisonment or the death penalty and confiscation of property.
Where multiple embezzlements are not dealt with, they shall be punished according to the accumulated amount of embezzlement.
Whoever commits the crime mentioned in the first paragraph truthfully confesses his crime, sincerely repents, actively returns the stolen goods before initiating a public prosecution, and avoids or reduces the occurrence of harmful results, and where there are circumstances provided for in the first paragraph, the punishment may be mitigated, mitigated, or waived; Where there are circumstances provided for in items 2 and 3, a lenient punishment may be given.
Where a person commits the crime mentioned in the first paragraph and is sentenced to a suspended execution of the death penalty under the circumstances provided for in item 3, the people's court may, on the basis of the circumstances of the crime and other circumstances, simultaneously decide to commute the sentence to life imprisonment after the two-year period of suspension of execution of the death penalty has expired in accordance with law, and the sentence shall not be commuted or released on parole.
Article 384 Whoever, by taking advantage of his position, embezzles public funds for personal use, carries out illegal activities, or embezzles a relatively large amount of public funds to carry out profit-making activities, or embezzles a relatively large amount of public funds and fails to repay them for more than three months, shall be guilty of embezzlement and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever embezzles a huge amount of public funds and fails to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Where funds and materials diverted for disaster relief, emergency rescue, flood prevention, preferential care, poverty alleviation, immigration, or relief are returned to personal use, a heavier punishment shall be imposed.
Article 385 Whoever, by taking advantage of his position, solicits money or property from others, or illegally accepts property or property from another person in order to seek benefits for others, is guilty of accepting bribes.
In the course of economic exchanges, a State functionary who violates State regulations and accepts kickbacks and handling fees in various guises, which are owned by individuals, shall be punished as accepting bribes.
Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law on the basis of the amount and circumstances of the proceeds of bribery. The penalty for soliciting bribes is heavier.
Article 387 Where a state organ, a State-owned company, an enterprise, a public institution or a people's organization solicits or illegally accepts property or property from another person in order to seek benefits for others, if the circumstances are serious, the unit shall be fined, and the persons who are directly in charge and the other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Where a unit listed in the preceding paragraph secretly accepts kickbacks or handling fees in various guises outside the books during economic transactions, it shall be punished in accordance with the provisions of the preceding paragraph on the basis of accepting bribes.
Article 388 Whoever, through the conduct of a state functionary in his or her position, seeks improper benefits for the trustee by taking advantage of his or her own authority or position, and solicits the property or property of the trustee or accepts the trustee's property, shall be punished as accepting bribes.
Article 388-1 Whoever, through the conduct of a State functionary in the post of a State functionary or a person closely related to the State functionary, through the conduct of the State functionary in his or her post, or by taking advantage of the convenience of the authority or position of the State functionary, seeks improper benefits for the trustee, solicits the trustee's property or accepts the trustee's property, or receives the trustee's property, or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or have his property confiscated.
Where a departing State functionary or his close relatives or other persons close to him or her take advantage of the convenience of the original authority or position of the departing State functionary to commit the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of the preceding paragraph.
Article 389 Whoever, for the purpose of seeking improper benefits, gives property to a State functionary shall be guilty of bribery.
Whoever, in the course of economic exchanges, violates state regulations by giving property or property to a state functionary in a relatively large amount, or who, in violation of state regulations, gives a state functionary kickbacks or handling fees in various names, shall be punished as bribery.
A person who has been extorted to give money or property to a State functionary and has not obtained an improper benefit is not a bribe.
Article 390 Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever, for the purpose of offering bribes to seek improper benefits, if the circumstances are serious, or causes major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Whoever, if the circumstances are particularly serious, or who causes particularly heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.
Where the briber voluntarily confesses the act of bribery before being prosecuted, the punishment may be mitigated or mitigated. Among them, where the crime is relatively minor, where it plays a key role in the detection of major cases, or where there is a major meritorious performance, the punishment may be mitigated or waived.
Article 390-1 Whoever, for the purpose of seeking improper benefits, pays bribes to the close relatives of a State functionary or other person close to that State functionary, or to a state functionary who has left his post or his close relatives or other persons close to him, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever, if the circumstances are serious, or who suffers heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Whoever, if the circumstances are particularly serious, or who suffers particularly heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
Article 391 Whoever, in order to seek improper benefits, gives property or property to a state organ, State-owned company, enterprise, public institution or people's organization, or, in the course of economic exchanges, in violation of State regulations, gives kickbacks or handling fees in various names shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
Article 392 Whoever introduces bribes to a state functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
Where the person introducing the bribe voluntarily confesses the act of introducing the bribe before being prosecuted, the punishment may be mitigated or the punishment waived.
Article 393 Where a unit offers bribes for the purpose of seeking improper benefits, or violates State regulations by giving kickbacks or handling fees to state functionaries, and if the circumstances are serious, the unit shall be fined, and the persons directly in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. Whoever gains from bribery shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law.
Article 394:Where a State functionary accepts gifts in the course of domestic official activities or foreign exchanges, and in accordance with state regulations, shall be handed over to the public instead of the public, and the amount is relatively large, he shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 395 Where the property or expenditure of a State functionary clearly exceeds his lawful income, and the difference is huge, he may be ordered to explain the source, but if the source cannot be explained, the difference shall be treated as illegal gains and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is particularly large, the penalty shall be fixed-term imprisonment of not less than five years but not more than ten years. The difference in property shall be recovered.
Deposits of state functionaries abroad shall be declared in accordance with state regulations. Whoever conceals the amount of money or conceals it and fails to report it shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; Where the circumstances are relatively minor, the unit to which they belong or the competent organ at the level above them shall give administrative sanctions as appropriate.
Article 396 Whoever, in violation of State regulations, violates State regulations and privately distributes State assets collectively among individuals in the name of a unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall be fined, respectively; Whoever is a large sum of money shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where judicial organs or administrative law enforcement organs violate State regulations and confiscate property that should be handed over to the State and collectively and privately distribute it to individuals in the name of the unit, they shall be punished in accordance with the provisions of the preceding paragraph.
Chapter IX: Crimes of Dereliction of Duty
Article 397 Whoever, a functionary of a State organ abuses his powers or neglects his duties, causing major losses to public property, the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, follow those provisions.
Any functionary of a State organ who engages in malpractices for personal gain and commits the 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 particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where this Law provides otherwise, follow those provisions.
Article 398 Whoever, in violation of the provisions of the Law on Guarding State Secrets, intentionally or negligently leaks State secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Where a non-State organ functionary commits the crime mentioned in the preceding paragraph, he shall be punished as appropriate in accordance with the provisions of the preceding paragraph.
Article 399 Whoever, by bending the law for personal gain or by bending the law with his favoritism, subjects him to prosecution when he is known to be innocent, deliberately shields a person who is known to be guilty and does not prosecute him, or deliberately violates the facts and the law in criminal trial activities to make a perverse judgment, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.
Whoever, in civil or administrative trial activities, deliberately violates the facts and the law and makes a perverse judgment, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Whoever, in the course of enforcement of a judgment or ruling, seriously irresponsible or abuses his or her powers, fails to lawfully employ litigation preservation measures, fails to perform legally prescribed enforcement duties, or illegally employs litigation preservation measures or compulsory enforcement measures, causing major losses to the interests of the parties or other persons, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes a particularly heavy loss to the interests of a party or other person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Where judicial personnel accept bribes and commit the acts mentioned in the preceding three paragraphs, and at the same time constitute the crimes provided for in article 385 of this Law, they shall be convicted and punished in accordance with the provisions on heavier punishments.
Article 399-1 Whoever, in the course of arbitration activities, deliberately violates the facts and the law and makes a perverse ruling, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 400: Where judicial personnel privately place criminal suspects, defendants or convicts in custody, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.
Where a judicial functionary causes a detained criminal suspect, defendant or convict to escape due to serious irresponsibility, causing serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 401:Where judicial personnel engage in favoritism or malpractice, and sentence a convict who does not meet the requirements for commutation, parole, or temporary execution outside of prison, is given a commutation, parole, or temporary execution outside of prison, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 402:Where administrative law enforcement personnel engage in favoritism or fraud, and do not transfer criminal responsibility that should be transferred to the judicial organs for investigation in accordance with law, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 403 Whoever, for personal gain or abuse of power, approves or registers an application for the establishment or registration of a company or an application for the issuance or listing of stocks or bonds that does not meet the requirements prescribed by law, causing major losses to public property, the Interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Where a higher-level department compels a registration organ and its staff to carry out the acts mentioned in the preceding paragraph, the persons in charge who are directly responsible for them shall be punished in accordance with the provisions of the preceding paragraph.
Article 404 Whoever, for personal gain, commits malpractice, fails to levy or under-collects the taxable amount, thereby causing major losses to the State's tax revenue, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years.
Article 405 Whoever, in violation of the provisions of laws or administrative regulations, engages in malpractices for personal gain in handling the work of issuing invoices for sale, deducting taxes or export tax rebates, thereby causing major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than five years.
Where a functionary of other state organs violates state regulations by engaging in favoritism or fraud in the work of providing export tax rebate vouchers such as customs declaration forms for export goods, verification and cancellation of export receipts and foreign exchange receipts, and causing major losses to the interests of the state, he shall be punished in accordance with the provisions of the preceding paragraph.
Article 406 Whoever, in the course of signing or performing a contract, is defrauded of serious irresponsibility, causing major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 407 Whoever, in violation of the provisions of the Forestry Law, issues a forest logging permit in excess of the approved annual logging quota or indiscriminately issues a forest logging permit in violation of the provisions, if the circumstances are serious and the forest suffers serious damage, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 408 Whoever, a functionary of a State organ with responsibility for supervision and management of environmental protection, is seriously irresponsible, causing a major environmental pollution accident to occur, causing major losses to public or private property or causing serious consequences of personal injury or death, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 408-1 Any functionary of a state organ who is responsible for the supervision and administration of food and drug safety who abuses his power or neglects his duties and in any of the following circumstances, causing serious consequences or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
(1) Concealing or falsely reporting food safety accidents or drug safety incidents;
(2) Failure to follow provisions to investigate and handle serious food and drug safety violations discovered;
(3) Granting permits to applications that do not meet the requirements during the examination and approval of drugs and special foods;
(4) Where criminal responsibility should be transferred to the judicial organs for investigation in accordance with law and not transferred;
(5) Other acts of abuse of power or dereliction of duty.
Whoever commits the crime mentioned in the preceding paragraph for favoritism or fraud shall be given a heavier punishment.
Article 409 A staff member of a government health administrative department engaged in the prevention and treatment of infectious diseases who is seriously irresponsible and leads to the spread or epidemic of an infectious disease, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 410 Whoever, in violation of land management laws and regulations, abuses his powers, illegally approves the expropriation, requisition or occupation of land, or illegally sells the right to use State-owned land at a low price, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the State or the collective shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 411 Where a customs officer engages in malpractices for personal gain or indulges in smuggling, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 412 Whoever, a staff member of a State commodity inspection department or commodity inspection institution commits malpractice for personal gain or falsifies the inspection results, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Whoever, for any person listed in the preceding paragraph, is seriously irresponsible, fails to inspect the items that should be inspected, or delays the examination and issuance of certificates, thereby causing major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 413 Whoever, for personal gain, falsifies quarantine results, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if he or she commits fraud for personal gain; Whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Whoever, if the persons listed in the preceding paragraph are seriously irresponsible and do not quarantine the quarantine materials that should be quarantined, or delay the issuance of quarantine certificates or issue certificates by mistake, causing major losses to the interests of the State, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 414 Whoever is responsible for the criminal act of producing or selling counterfeit and shoddy commodities shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if he or she engages in malpractices for personal gain and fails to perform the duties of investigation prescribed by law, if the circumstances are serious.
Article 415 Whoever, a functionary of a State organ who is responsible for handling passports, visas, and other entry-exit documents, shall apply for entry and exit documents for persons who knowingly attempt to sneak across the national (border) border, or whoever is a functionary of a state organ such as a border guard or customs organ who knowingly crosses the national (border) border by a person who knowingly crosses the national (border) border shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 416 Whoever, a functionary of a State organ with the duty of rescuing abducted or kidnapped women or children, receives a request for rescue from an abducted or kidnapped woman or child and her family members, or receives a report from another person, but fails to rescue the abducted or kidnapped woman or child, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever, a functionary of a State organ with the duty of rescue, uses his position to obstruct rescue shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 417:Where a functionary of a State organ with the duty to investigate and prohibit criminal activities informs or provides convenience to the criminal, and helps the criminal evade punishment, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 418 Any functionary of a State organ who engages in malpractice for personal gain in recruiting civil servants or students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 419 Whoever is seriously irresponsible to a functionary of a State organ and causes damage or loss of precious cultural relics shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Chapter X Crimes of Violation of Duties by Military Personnel
Article 420 The conduct of a serviceman who violates his duties, endangers the military interests of the State, and shall be punished by criminal punishment in accordance with the law, is a crime of violating the duties of a military man.
Article 421 Whoever disobeys an order in time of war and causes harm to combat shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes heavy losses in battle or campaign shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 422 Whoever deliberately conceals or falsely reports military information, or refuses to pass on or falsely transmits military orders, thereby causing harm to combat, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes heavy losses in battle or campaign shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 423 Whoever, on the battlefield, fears for life and fears death, voluntarily lays down his arms and surrenders to the enemy shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Whoever serves the enemy after surrender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 424 Whoever flees in time of war shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes heavy losses in battle or campaign shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 425 Whoever, a commanding officer or a personnel on duty or on duty, leaves his post without authorization or neglects his duties, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever commits the crime mentioned in the preceding paragraph in time of war shall be sentenced to fixed-term imprisonment of not less than five years.
Article 426 Whoever, by means of violence or threats, obstructs a commanding personnel or personnel on duty from performing his duties, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Heavier penalties in wartime.
Article 427 Whoever abuses his power and instructs his subordinates to carry out activities that violate their duties, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Article 428 Whoever disobeys an order, cowers in the face of battle, or engages passively in combat, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years; Whoever causes heavy losses in combat or campaign or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years.
Article 429 Whoever, on the battlefield, knowing that a friendly or neighboring unit is in a critical situation and requests rescue, and is able to rescue but does not rescue, causing the friendly or neighboring troops to suffer heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years.
Article 430 Whoever, during the performance of his official duties, leaves his post without authorization, defects abroad or defects abroad, endangering the military interests of the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever defects by aircraft or ship, or has other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 431 Whoever illegally obtains military secrets by means of stealing, spying or bribing shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.
Whoever steals, spies, bribes or illegally provides military secrets to an institution, organization or person outside the territory shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years;
Article 432 Whoever, in violation of the laws and regulations on guarding state secrets, intentionally or negligently leaks military secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Whoever commits the crime mentioned in the preceding paragraph in time of war shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 433 Whoever, in time of war, spreads rumors to confuse the public and shakes the hearts and minds of the military shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 434 Whoever injures himself in time of war and evades military obligations shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 435 Whoever, in violation of the regulations on military service, flees the army and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph in time of war shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 436 Whoever violates the provisions on the use of weapons and equipment and the circumstances are serious, thereby causing a liability accident, causing serious injury, death or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 437 Whoever, in violation of the provisions on the management of weapons and equipment, changes the purpose of the allocation of weapons and equipment without authorization, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 438 Whoever steals or robs weapons and equipment or military materials shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever steals or snatches firearms, ammunition or explosives shall be punished in accordance with the provisions of Article 127 of this Law.
Article 439 Whoever illegally sells or transfers military weapons and equipment shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever sells or transfers a large amount of weapons or equipment or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 440 Whoever disobeys an order and abandons weapons and equipment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever abandons an important or large number of weapons and equipment, or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Article 441 Whoever loses weapons and equipment, fails to report them in a timely manner, or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 442 Whoever, in violation of regulations, sells or transfers military real estate without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the persons directly responsible; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 443 Whoever abuses his power, ill-treats his subordinates, or if the circumstances are heinous, causing serious injury to a person or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than five years.
Article 444 Whoever deliberately abandons wounded or sick servicemen on the battlefield, if the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years for the persons directly responsible.
Article 445 Whoever, in a post of ambulance and treatment in time of war, has the conditions for medical treatment but refuses to treat a critically injured or sick soldier shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes serious disability, death or other serious circumstances to an wounded or sick soldier shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Article 446 Whoever, in time of war, mutilates an innocent resident or plunders the property of an innocent resident in an area of military operation shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 447 Whoever is secretly released from captivity shall be sentenced to fixed-term imprisonment of not more than five years; Whoever privately releases an important prisoner, privately releases more than one person or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years.
Article 448 Whoever mistreats a prisoner if the circumstances are heinous shall be sentenced to fixed-term imprisonment of not more than three years.
Article 449 In time of war, a criminal serviceman sentenced to fixed-term imprisonment of not more than three years without real danger of being given a suspended sentence may be allowed to wear a crime and make meritorious contributions, and when he has truly performed meritorious service, the original sentence may be revoked and not punished as a crime.
Article 450 This chapter applies to officers, civilian cadres, soldiers and cadets with military status in the Chinese People's Liberation Army and active police officers, civilian cadres, soldiers and cadets with military status in the Chinese People's Armed Police Force, as well as civilian personnel, reservists and other personnel performing military tasks.
Article 451 "Wartime" as used in this Chapter refers to when a State declares a state of war, when troops are on combat assignments, or when they are suddenly attacked by the enemy.
When troops carry out martial law tasks or deal with sudden incidents of sexual violence, they are considered wartime.
Supplementary Provisions
Article 452 This Law shall enter into force on October 1, 1997.
Regulations, supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress listed in Annex I to this Law, which have been incorporated into this Law or are no longer applicable, shall be repealed as of the date of implementation of this Law.
The supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress listed in Annex II to this Law shall be retained, among which the provisions on administrative penalties and administrative measures shall continue to be in force; The provisions on criminal liability have been incorporated into this Law, and the provisions of this Law shall apply as of the date of implementation of this Law.
Annex I
The following regulations, supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress shall be repealed as of the date of implementation of this Law if they have been incorporated into this Law or are no longer applicable:
Interim Regulations of the People's Republic of China on Punishing Crimes Of Violating Duties by Military Personnel
Decision on severe punishment of criminals who have seriously damaged the economy
Decision on severe punishment of criminals who seriously endanger public order
Additional provisions on the punishment of the offence of smuggling
Supplementary provisions on the punishment of the offence of corruption and bribery
Supplementary provisions on punishing crimes of divulging state secrets
Supplementary provisions on punishing crimes of killing rare and endangered wild animals under key national protection
Decision on punishing the crime of insulting the national flag and national emblem of the People's Republic of China
Supplementary provisions on punishing the crime of excavating ancient tombs of ancient cultural sites
Decision on the punishment of perpetrators of aircraft hijacking
Supplementary provisions on the punishment of the crime of counterfeiting registered trademarks
Decision on Punishing crimes of producing and selling counterfeit and shoddy goods
Decision on the punishment of crimes of copyright infringement
Decision on the punishment of crimes committed in violation of the Companies Act
Decision on the handling of prisoners of labor and re-education through labor who have escaped or re-offended
Annex II
The following supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress shall be retained, among which the provisions on administrative penalties and administrative measures shall continue to be in force; The provisions on criminal liability have been incorporated into this Law, and the provisions of this Law shall apply as of the date of implementation of this Law:
Decision on counter-narcotics
Decision on the punishment of criminals who smuggle, produce, sell or disseminate obscene materials
Decision on severe punishment of criminals who abduct, sell and kidnap women and children
Decision on the strict prohibition of prostitution
Supplementary provisions on the punishment of crimes of tax evasion and tax resistance
Supplementary provisions on severely punishing crimes of organizing and transporting others to illegally cross the national (border) border
Decision on the punishment of crimes against financial order
Decision on the Punishment of the Crime of FalseLy issuing, Forging and Illegally Selling Special VAT Invoices