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| Category | CRIMINAL | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1999-12-25 | Effective Date | 1999-12-25 |
|
Amendment to Criminal Law of the People's Republic of China |
|---|
In order to punish the crimes disrupting the order of socialist market economy and safeguard the smooth progress of socialist modernization construction, Criminal Law is supplemented and amended as follows:
1. A new clause shall be added to behind Article 162 and arranged as part of contents of Article 162:
Whoever conceals or intentionally destroys accounting vouchers, account books or financial and accounting reports that shall be kept
according to law, shall, If circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal
detention, and shall impose or shall impose only, a fine of not less than 20,000 yuan and not more than 200,000 yuan.
Where a unit commits the crime mentioned in the preceding paragraph,
it is 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 paragraph.
2. The Article 168 of Criminal Law shall be amended as:
If the staff of a State-owned company or enterprise, because of
seriously neglecting his duties or abusing his powers, causes bankruptcy
or heavy losses to the company or enterprise, and results in heavy losses
of the interests of the state, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention: if
resulting in especially heavy losses of the interests of the state, he
shall be sentenced to fixed-term imprisonment of not less than three years
but not more than seven years.
If the staff of a State-owned institution commits the acts mentioned in the preceding paragraph, and results in heavy losses of the interests ?of the state, he shall be punished in accordance with the provisions of preceding paragraph.
If the staff of a State-owned company, enterprise or institution practices illegalities for personal interests or by fraudulent means and commits the crimes mentioned in the preceding two paragraphs, he shall be given a heavier punishment in accordance with the provisions of the first paragraph.
3. The Article 174 shall be amended as:
Whoever establishes commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies or any other financial departments without the approval of the relevant state departments in charge, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall impose, or shall impose only, a fine of not less than 20,000 yuan but not more than 200,000 yuan;
If the circumstance is serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Whoever forges, alters or transfers the licenses for operation or documents of approval of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies, or any other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits any of 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 first paragraph.
4. Article 180 shall be amended as:
Any insider of inside information about any stock exchange transactions or futures trading, or anyone illegally obtaining such information, prior to the publication of the information that concerns stock issuing, stock exchange transactions or futures trading , or that has a vital bearing on the stock or futures price, buys or sells the said stock or is engaged in futures trading relating to the said inside information, or divulges the said information shall , if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; if the circumstances are especially 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 illegal gains.
Where a unit commits the crime as 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-tem imprisonment of not more than five years or criminal detention.
The ranges of inside information and insiders shall be determined in accordance with the provisions of laws or administrative regulations.
5. The Article 181 of Criminal Law shall be amended as:
Where whoever fabricates and spreads false information affecting stock exchange or futures trading, and disrupts the stock exchange market and futures exchange market he shall, if the consequences are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan .
Any employee of stock exchanges, futures exchanges, securities companies or futures brokering companies or any member of securities associations, futures associations or departments for securities and futures administration who deliberately provides false information or forges, alters or destroys transaction records in order to cajole investors into buying or selling securities or futures contracts and results in serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only , be fined not less than 10,000 yuan but not more than 100,000 yuan ; if the circumstances are especially 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 20,000 yuan but not more than 200,000 yuan .
Where a unit commits any of 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.
6. Article 182 of Criminal Law shall be amended as;
Whoever commits any of the following acts by rigging stock, futures business prices in order to obtain illegitimate
profits or transfer risks shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal
gains:
(1) Centralizing capital superiority and holding stock or holding the superiority of stock or taking advantage of stock to buy or
sell jointly or continuously, and to milk securities and trading prices of futures by individual or joint plot;
(2) Conducting the trade of securities and futures each other by initially stipulated time, price and method, or buying or selling
the securities unowned and affecting the prices of securities and futures or the amount ?of the trade of securities and futures;
(3) Affecting stock or futures prices or the amount of stock or futures transactions by taking himself as the counterpart of transaction
and trading in stocks with himself without transferring ownership of the stock ?, or taking himself as the counterpart of transaction
and buying or selling his own futures contracts;
(4) Rigging stock or futures prices by any other means.
Where a unit commits any of the crimes 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 five years or criminal detention.
7. Article 185 of Criminal Law shall be amended as:
The members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies or any other financial institutions taking advantage of his position, and misappropriating money belonging to the unit to which he belongs or any client shall be convicted and punished according to the provisions of Article 272 of this Law.
Any members of State-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies or any other State-owned financial institutions or any person who is assigned by a State-owned commercial bank, stock exchange, futures exchange, securities company , futures brokering company, insurance company or any other State-owned financial institution to a financial institution that is not owned by the State to be engaged in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished according to the provisions of Article 384 of this Law.
8. An item shall be added to Article 225 of Criminal Law and be arranged as the item 3:
illegally engaged in securities , futures or insurance business without the approval of the relevant state
department in charge.
The original item 3 shall be rearranged as item 4.
9. This amendment shall come into force as of the date of promulgation. Part One General Provisions Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law Chapter II Crimes Section 1 Crimes and Criminal Responsibility Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime Section 3 Joint Crimes Section 4 Crimes committed by a unit Chapter III Punishments Section 1 Types of Punishments Section 2 Public Surveillance Section 3 Criminal Detention Section 4 Fixed-term Imprisonment and Life Imprisonment Section 5 The Death Penalty Section 6 Fines Section 7 Deprivation of Political Rights Section 8 Confiscation of Property Chapter IV The Concrete Application of Punishments Section 1 Sentencing Section 2 Recidivists Section 3 Voluntary Surrender and Rendering Meritorious Service Section 4 Combined Punishment for Several Crimes Section 5 Suspension of Sentence Section 6 Commutation of Punishment Section 7 Parole Section 8 Limitation Chapter V Other Provisions Part Two Specific Provisions Chapter I Crimes of Endangering the State Security Chapter II Crimes of Endangering Public Security Chapter III Crimes of Undermining the Socialist Market Economic Order Section 1 Crimes of Production and Sale of Fake or Substandard Commodities Section 2 Crimes of Smuggling Section 3 Crimes of Impairing Order of Administering upon Companies and Enterprises Section 4 Crimes of Undermining Order of Administering upon Banking Section 5 Crimes of Financial Fraud Section 6 Crimes of Endangering Taxes Collection and Administration Section 8 Crimes of Disturbing Market Order Chapter IV Crimes of Infringing upon the Rights of the Person and the Democratic Rights of Citizens Chapter V Crimes of Property Violation Chapter VI Crimes of Obstructing the Administration of Public Order Section 1 Crimes of Disturbing Public Order Section 2 Crimes of Impairing Judicial Activities Section 3 Crimes of Impairing Regulations of National Boundary (Borderline) Section 4 Crimes of Impairing Regulations of Cultural Relics Section 5 Crimes of Endangering Public Health Section 6 Crimes of Undermining Protection of Environmental Resource Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and Introducing Women into Prostitution Section 9 Crimes of Manufacturing, Trafficking in and Disseminating Pornographic Articles Chapter VII Crimes of Endangering Interests of National Defence Chapter VIII Crimes of Embezzlement and Bribery Chapter IX Crimes of Dereliction of Duty Chapter X Crimes Contrary to Duties Committed by Servicemen Supplementary Provisions Part One General Provisions Article 1 This Law is formulated with a view to punishing crimes and Article 2 The tasks of the Criminal Law of the People's Republic Article 3 Where an act is expressly defined in laws as a criminal act, it Article 4 Anyone who commit a crime shall be equal in applying the law. Article 5 The lightness or heaviness of the punishments shall be in Article 6 This Law is applicable to anyone who commits a crime This Law is also applicable to anyone who commits a crime on board If the criminal act or its consequence takes place within the territory Article 7 This Law is applicable to the citizens of the People's This Law is applicable to state functionaries and servicemen of the Article 8 This Law may be applicable to any foreigner who commits Article 9 This Law is applicable to the crimes prescribed in the Article 10 If any person commits a crime outside the territory of the Article 11 The criminal responsibility of foreigners who enjoy Article 12 If an act committed after the founding of the People's The effective judgments made in accordance with the laws in force at that Section 1 Crimes and Criminal Responsibility Article 13 A crime refers to an act that endangers the sovereignty Article 14 An intentional crime refers to a crime committed by a Criminal responsibility shall be borne for intentional crimes. Article 15 A negligent crime refers to a crime committed by a Criminal responsibility shall be borne for negligent crimes only when Article 16 If an act in fact results in harmful consequences due to Article 17 Any person who has reached the age of 16 and who Any person who has reached the age of 14 but not the age of 16 and Any person who has reached the age of 14 but not the age of 18 and If a person is not punished because he has not reached the age of 16, Article 18 If a mental patient causes dangerous consequences at a Any person whose mental illness is of an intermittent nature shall Any mental patient who does not lose completely the ability to recognize Any intoxicated person who commits a crime shall bear criminal Article 19 Any deaf-mute or blind person who commits a crime Article 20 Where a person conducts an act to stop an unlawful Criminal responsibility shall be borne if justifiable defence apparently Where a defence is conducted to an immediate violent crime of committing Article 21 Criminal responsibility shall not be borne for an act that Criminal responsibility shall be borne if an act committed in an The provisions of the first paragraph of this Article with respect to Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation Article 22 Preparation for a crime refers to the preparation of the An offender who prepares for a crime may, in comparison with one Article 23 A criminal attempt refers to a case where an offender An offender who attempts to commit a crime may, in comparison Article 24 Discontinuation of a crime refers to cases where, in the Where an offender who discontinues a crime and causes no harm, exempted Section 3 Joint Crimes Article 25 A joint crime refers to an intentional crime committed A negligent crime committed by two or more persons jointly shall not Article 26 A principal criminal refers to any person who organizes A criminal group refers to any relatively stable criminal organization A ringleader who organizes and leads a criminal group shall be A principal criminal unless otherwise stipulated in the third paragraph Article 27 An accomplice refers to any person who plays a secondary An accomplice shall be given a lighter or mitigated punishment or be Article 28 A person who is compelled to participate in Article 29 A person who instigates others to commit a crime shall If the instigated person has not committed the instigated crime, the Section 4 Crimes Committed by a Unit Article 30 A company, enterprise, institution, organ, or public Article 31 A unit which commits a crime shall be punished with a fine, Section 1 Types of Punishments Article 32 Punishments are divided into principal punishments and Article 33 The principal punishments are as follows: (1) public surveillance; (2) criminal detention; (3) fixed-term imprisonment; (4) life imprisonment; and (5) the death penalty. Article 34 The supplementary punishments are as follows: (1) fines; (2) deprivation of political rights; and (3) confiscation of property. Supplementary punishments may be imposed independently. Article 35 Deportation may be imposed independently or supplementarily Article 36 If a victim has suffered economic losses as a result of a If a criminal who bears civil responsibility and is punished with a fine Article 37 If the circumstances of a person's crime are minor and Section 2 Public Surveillance(*1) Article 38 The term of public surveillance shall not be less than Where a criminal is sentenced to public surveillance, his sentence shall Article 39 A criminal who is sentenced to public surveillance must (1) observe laws and administrative regulations, submit to supervision; (2) forbidden to exercise the rights of freedom of speech, of the press, (3) report on his own activities according to the demand of the organ (4) observe the stipulation on meeting with guests by the organ executing (5) report and obtain approval from the organ executing public Criminals sentenced to public surveillance shall, while engaged in Article 40 Upon the expiration of a term of public surveillance, the Article 41 A term of public surveillance shall be counted from the Section 3 Criminal Detention Article 42 A term of criminal detention shall not be less than 1 Article 43 Where a criminal is sentenced to criminal detention, his During the period of execution, a criminal sentenced to criminal Article 44 A term of criminal detention shall be counted from the Section 4 Fixed-Term Imprisonment and Life Imprisonment Article 45 A term of fixed-term imprisonment, unless otherwise stipulated Article 46 A criminal sentenced to fixed-term imprisonment or life Article 47 A term of fixed-term imprisonment shall be counted Section 5 The Death Penalty Article 48 The death penalty shall only be applied to criminals who All death sentences except for those that according to law should be Article 49 The death penalty shall not be imposed on persons who Article 50 If a person sentenced to death with a suspension of execution Article 51 The term of suspension of execution of a death penalty Section 6 Fines Article 52 The amount of any fine imposed shall be determined Article 53 A fine may be paid in a lump sum or in installments Section 7 Deprivation of Political Rights Article 54 Deprivation of political rights refers to deprivation of the (1) the right to vote and to stand for election; (2) the rights of freedom of speech, of the press, of assembly, of (3) the right to hold a position in a state organ; and (4) the right to hold a leading position in any state-owned company or Article 55 A term of deprivation of political rights shall not be less If a person sentenced to public surveillance is deprived of political Article 56 Criminals who commit crimes of endangering the state If deprivation of political rights is imposed independently, stipulation Article 57 Criminals who are sentenced to death or to life imprisonment If a death penalty with a suspension of execution is commuted to a Article 58 A term of deprivation of political rights as a supplementary Criminals who are sentenced to deprivation of political rights shall Section 8 Confiscation of Property Article 59 Confiscation of property refers to the confiscation of part When a sentence of confiscation of property is imposed, property that Article 60 If it is necessary to use a confiscated property to repay Section 1 Sentencing Article 61 When sentencing a criminal, a punishment shall be imposed Article 62 In cases where the circumstances of a crime call for a Article 63 In cases where the circumstances of a crime call for a Even if the circumstances of a crime do not warrant a mitigated Article 64 All property illegally obtained by a criminal shall be Section 2 Recidivists Article 65 If a criminal commits another crime punishable by fixed-term For criminals who are paroled, the period stipulated in the preceding Article 66 A criminal who has committed a crime of endangering the Section 3 Voluntary Surrender and Rendering Meritorious Service Article 67 Voluntary Surrender refers to the case that anyone who If a suspected criminal or defendant under compulsory measure or criminal Article 68 A criminal who is verified that he discloses another person's Those who not only conducts voluntary surrender but also renders great Section 4 Combined Punishment for Several Crimes Article 69 For a criminal who commits several crimes before a If among the crimes there are any for which a supplementary punishment Article 70 If after a judgment has been pronounced but before the Article 71 If after a judgment has been pronounced but before the Section 5 Suspension of Sentence Article 72 A suspension of sentence may be granted to a criminal If a supplementary punishment has been imposed on a criminal Article 73 The probation period for suspension of criminal detention The probation period for suspension of fixed-term imprisonment shall The probation period for suspension of sentence shall be counted Article 74 Suspension of sentence shall not be applied to recidivists. Article 75 A criminal whose sentence has been suspended shall observe (1) observe laws and administrative regulations, submit to supervision; (2) report his own activities according to observing organs' stipulations; (3) observe observing organs' stipulations on meeting with guests; and (4) report and obtain approval from observing organs for any departure Article 76 A criminal whose sentence has been suspended shall, during Article 77 During the probation period for suspension, if a criminal A criminal whose sentence has been suspended shall, if he violates a law Section 6 Commutation of Punishment Article 78 A criminal sentenced to public surveillance, criminal (1) prevent other persons from committing serious crimes; (2) bring accusations with respect to the serious crimes within or outside (3) conduct invention, creation or great technical innovation; (4) risk life to save others in routine production and life; (5) make outstanding performance in resisting natural disaster or in (6) provide other great contributions to the state and society. After commutation, the term of punishment actually to be served by those Article 79 Commutation of punishment of a criminal shall be put forward Article 80 A term of fixed-term imprisonment that is commuted Section 7 Parole Article 81 Criminals sentenced to fixed-term imprisonment who Recidivists and criminals sentenced to fixed-term imprisonment of more Article 82 Parole of a criminal shall be decided according to the Article 83 The probation period for parole in the case of a fixed-term The probation period for parole shall be counted from the date the Article 84 A criminal who is granted parole shall observe following (1) observe laws and administrative regulations, submit to supervision; (2) report his own activities according to the stipulations of the (3) observe the stipulations of meeting with guests promulgated by the (4) report and obtain approval from the supervising organs for any Article 85 A criminal who is granted parole shall be subject to Article 86 If a criminal who is granted parole does commit further crime During the probation period for parole, if a criminal who is granted A criminal who is granted parole shall, if he violates a law or an Section 8 Limitation Article 87 Crimes shall not be prosecuted if the following periods (1) five years, when the maximum prescribed punishment is fixed-term (2) ten years, when the maximum prescribed punishment is fixed-term (3) fifteen years, when the maximum prescribed punishment is fixed-term (4) twenty years, when the maximum prescribed punishment is life Article 88 No limitation on the period for prosecution shall be No limitation on the period for prosecution shall be imposed if a victim Article 89 The limitation period for prosecution shall be counted If further crime is committed during a limitation period for prosecution, Article 90 Where the provisions of this Law cannot be completely Article 91 "Public property" as mentioned in this Law refers to the (1) property owned by the state; (2) property owned collectively by working people; and (3) property by social donation and property as specific-purpose fund all Article 92 "Citizens' privately owned property" as mentioned in this Law (1) citizens' lawfully earned income, savings, houses and other means (2) any means of production that are under individual or family ownership (3) legal property owned by individual household and private enterprises; (4) shares, stocks, bonds and other property owned by individuals Article 93 "State functionaries" as mentioned in this Law refers to Personnel of state-owned companies or enterprises or institutions and Article 94 "Judicial functionaries" as mentioned in this Law refers to Article 95 "Serious injuries" as mentioned in this Law refers to any (1) injuries resulting in loss of a person's use of a limb or in (2) injuries resulting in loss of a person's hearing, sight or the (3) other injuries that cause grave harm to a person's physical health. Article 96 "To violate the state stipulations" as mentioned in this Article 97 "Ringleader" as mentioned in this Law refers to any criminal Article 98 "To be handled only upon complaint" as mentioned in this Article 99 "Not less than", "not more than" and "within" as mentioned Article 100 Any person who was given a criminal punishment shall, when Article 101 The General Provisions of this Law are applicable to other Part Two Specific Provisions Article 102 Whoever colludes with a foreign state in jeopardizing Whoever colludes with an agency or organization or individual outside Article 103 Ringleaders who organize, scheme for or carry out Whoever incites dismembering the state and undermining the unification of Article 104 Ringleaders who organize, scheme for or carry out armed Whoever instigates, forces, lures, or bribes a state functionary or a Article 105 Ringleaders who organize, scheme for or carry out subverting Whoever incites subverting the state's political power and overthrowing Article 106 Whoever colludes with an agency or organization or individual Article 107 Person(s) who directly bear the responsibility of an agency Article 108 Whoever defects to the enemy and turns traitor shall be Article 109 A state functionary who, during the time when he is on duty, A state functionary who holds state secrets and commits the crime Article 110 Whoever conducts any of the following acts of espionage (1) joining a espionage organization or accepting tasks from a espionage (2) directing the enemy to any bombing or shelling target. Article 111 Whoever steals, spies on, buys or illegally provides state Article 112 Whoever supplies arms, equipment or military materials to aid Article 113 If any crime of endangering the state security mentioned Whoever commits any of the crimes mentioned in this Chapter may Article 114 Whoever sets fires, breaches dikes, causes explosions, Article 115 Whoever sets fires, breaches dikes, causes explosions, Whoever negligently commits the crime mentioned in the preceding Article 116 Whoever sabotages trains, motor vehicles, trams, ships or Article 117 Whoever sabotages railroads, bridges, tunnels, highways, Article 118 Whoever sabotages electric power or gas facilities or other Article 119 Whoever sabotages a means of transport, transportation Whoever negligently commits the crime mentioned in the preceding Article 120 Whoever organizes, leads and actively participates in Whoever commits the crime mentioned in the preceding paragraph and Article 121 Whoever hijacks any aircraft by means of violence, Article 122 Whoever hijacks any ship or motor vehicle by means of Article 123 Whoever exercises violence to any person in a aircraft in Article 124 Whoever sabotages broadcast and television facilities or Whoever negligently commits the crime mentioned in the preceding Article 125 Whoever illegally manufactures, trades in, transports, Whoever illegally trades in or transports nuclear materials shall be Any unit which commits a crime mentioned in the preceding two paragraphs Article 126 If an enterprise engaged in manufacturing or selling of guns (1) manufacturing or assigning and selling guns exceeding the limit or not (2) manufacturing guns without numbers or with same number or false number (3) illegally selling guns or selling the guns for export in China. Article 127 Whoever steals or forcibly seizes guns, ammunition or Whoever robs guns, ammunition or explosives, or steals or forcibly seizes Article 128 Whoever, in violation of regulations on control of guns, If a person who is allocated a gun for public service according to law If a person who is allocated a gun according to law illegally leases or Any unit which commits any crime mentioned in the first or second Article 129 If a person who is allocated a gun for public service loses Article 130 Whoever illegally carries guns, ammunition, knives under Article 131 If an airman violates the rules and regulations and thereby Article 132 If a person who works in a railway enterprise violates Article 133 Whoever violates the regulations on control of communications Article 134 If any staff member or worker of a factory, mine, forestry Article 135 If a factory, mine, forestry centre, construction enterprise Article 136 If anyone violates the regulations on the control of Article 137 If a building unit, design unit, construction unit or project Article 138 If it is clearly known that schoolhouses or facilities for Article 139 If any person or unit violates regulations on fire control Section 1 Crimes of Production and Sale of Fake or Substandard Commodities Article 140 Where a producer or seller mixes impurities or imitations Article 141 Whoever produces or sells fake medicine in a manner that is "Fake medicine" mentioned in this Article refers to a medicine or a Article 142 Whoever produces or sells medicine of inferior quality and "Medicine of inferior quality" mentioned in this Article refers to a Article 143 Whoever produces or sells food that does not conform to Article 144 Whoever mixes the food to be produced or sold with toxic or Article 145 Whoever produces medical appliances or medical hygiene Article 146 Whoever produces electrical appliances, pressure containers, Article 147 Whoever produces fake pesticides, fake animal pharmaceuticals Article 148 Whoever produces cosmetics that do not conform to hygiene Article 149 Whoever produces or sells the products mentioned in from Whoever produces or sells the products mentioned in from Article 141 to Article 150 If a unit commits a crime mentioned in from Article 140 to Section 2 Crimes of Smuggling Article 151 Whoever smuggles weapons, ammunition, nuclear materials Whoever smuggles cultural relics, gold, silver or other precious metals Whoever smuggles precious and rare species of plants forbidden by the Whoever commits any crime mentioned in the first and second paragraphs, if If a unit commits any crime mentioned in this Article, the unit shall be Article 152 Whoever, for the purpose of making profits or dissemination, If a unit commits a crime mentioned in the preceding paragraph, the unit Article 153 Whoever smuggles goods and articles not specified in Article (1) Whoever smuggles goods and articles of which the tax payable evaded (2) Whoever smuggles goods and articles of which the tax payable evaded (3) Whoever smuggles goods and articles of which the tax payable evaded If a unit commits a crime mentioned in the preceding paragraph, the Whoever repeatedly smuggles and goes unpunished shall be punished Article 154 Whoever commits any of the following acts of smuggling that (1) without approval by the Customs and without having paid the overdue (2) without approval by the Customs and without having paid the overdue Article 155 Whoever commits any of the following acts shall be deemed (1) directly and illegally purchasing from smugglers articles forbidden by (2) transporting, purchasing and selling in inland seas and territorial (3) evading the supervision and administration by the Customs and Article 156 Whoever conspires with criminals committing smuggling by Article 157 Whoever shields smuggling with armed force shall be given a Whoever, by means of violence or threat, resists the seizure of Section 3 Crimes of Impairing Order of Administering upon Companies and Article 158 Whoever, in the course of application for registration of If a unit commits a crime mentioned in the preceding paragraph, the unit Article 159 A company initiator or shareholder who violates the If a unit commits a crime mentioned in the preceding paragraph, the unit Article 160 Whoever conceals important facts or fabricates important If a unit commits a crime mentioned in the preceding paragraph, the unit Article 161 If a company provides the shareholders and the general public Article 162 If a company or enterprise, in the course of liquidation, Whoever conceals or intentionally destroys accounting vouchers, account books or financial and accounting
reports that shall be kept according to law, shall, If circumstances are serious, be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and shall impose or shall impose only, a fine of not less than 20,000 yuan and not
more than 200,000 yuan. Where a unit commits the crime mentioned in the preceding paragraph, Article 163 Whoever from the staff of a company or enterprise Whoever from the staff of a company or enterprise, in the course of If personnel of a state-owned company or enterprise who is engaged in Article 164 Whoever offers property to the staff of a company or If a unit commits a crime mentioned in the preceding paragraph, the unit The briber who confesses actively his bribery before being prosecuted may Article 165 Whoever from directors or managers of a state-owned company Article 166 Whoever from the staff of a state-owned company, enterprise (1) assigning his relatives and friends to do profit-making business of (2) purchasing goods at a price which is obviously higher than the market (3) purchasing substandard goods from the units run or managed by his Article 167 Whoever from the persons directly in charge of a state-owned Article 168 If the staff of a State-owned company or enterprise, If the staff of a State-owned institution commits the acts mentioned in the preceding paragraph, and results
in heavy losses of the interests ?of the state, he shall be punished in accordance with the provisions of preceding paragraph. If the staff of a State-owned company, enterprise or institution practices illegalities for personal interests
or by fraudulent means and commits the crimes mentioned in the preceding two paragraphs, he shall be given a heavier punishment
in accordance with the provisions of the first paragraph. Article 169 Whoever from the persons directly in charge of a state-owned Section 4 Crimes of Undermining order of Administering upon Banking Article 170 Whoever counterfeits currency shall be sentenced to (1) those principal criminals of a currency counterfeit group; (2) those with an especially huge amount of counterfeited currency; or (3) those with other especially serious circumstances. Article 171 Whoever sells or purchases counterfeited currency or Whoever from the staff of a bank or other financial institution purchases Whoever counterfeits currency and sells or transports the counterfeited Article 172 Whoever holds or uses knowingly counterfeited currency shall, Article 173 Whoever alters currency shall, if the amount involved is Article 174 Whoever establishes commercial banks, stock exchanges, If the circumstance is serious, he shall be sentenced to fixed-term imprisonment of not less than three years
but not more than 10 years and shall also impose a fine of not less than 50,000 yuan but not more than 500,000 yuan. Whoever forges, alters or transfers the licenses for operation or documents of approval of commercial banks,
stock exchanges, futures exchanges, securities companies, futures brokering companies, insurance companies, or any other financial
institutions shall be punished in accordance with the provisions of the preceding paragraph. Where a unit commits any of 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 first paragraph. Article 175 Whoever illegally procures a credit loan from a financial If a unit commits a crime mentioned in the preceding paragraph, the unit Article 176 Whoever illegally absorbs savings deposits from the general If a unit commits a crime mentioned in the preceding paragraph, the unit Article 177 Any of the following categories of persons who forges or (1) those who forge or alter promissory bills, notes of exchange and (2) those who forge or alter other bank settlement receipts such as (3) those who forge or alter letters of credit or attached notes or (4) those who forge credit cards. If a unit commits a crime mentioned in the preceding paragraph, the unit Article 178 Whoever forges or alters treasury bills or other securities Whoever forges or alters stocks or bonds issued by a company or an If a unit commits any crime mentioned in the preceding two paragraphs, the Article 179 Whoever, without approval by the relevant administrative If a unit commits a crime mentioned in the preceding paragraph, the unit Article 180 Any insider of inside information about any stock exchange transactions or futures trading, or anyone illegally obtaining
such information, prior to the publication of the information that concerns stock issuing, stock exchange transactions or futures
trading , or that has a vital bearing on the stock or futures price, buys or sells the said stock or is engaged in futures
trading relating to the said inside information, or divulges the said information shall , if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not
less than one time but not more than five times the illegal gains; if the circumstances are especially 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 illegal gains. Where a unit commits the crime as 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-tem imprisonment
of not more than five years or criminal detention. The ranges of inside information and insiders shall be determined in accordance with the provisions of laws
or administrative regulations. Article 181 Where whoever fabricates and spreads false information Any employee of stock exchanges, futures exchanges, securities companies or futures brokering companies or
any member of securities associations, futures associations or departments for securities and futures administration who deliberately
provides false information or forges, alters or destroys transaction records in order to cajole investors into buying or selling
securities or futures contracts and results in serious consequences, shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention and shall also, or shall only , be fined not less than 10,000 yuan but not more than 100,000
yuan ; if the circumstances are especially 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 20,000 yuan but not more than 200,000 yuan . Where a unit commits any of 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 commits any of the following acts by rigging Where a unit commits any of the crimes 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 five years or criminal detention. Article 183 Whoever from the staff of an insurance company takes Whoever from the staff of a state-owned insurance company and from the Article 184 Whoever from the staff of a bank or other financial Whoever from the staff of a state-owned financial institution and from Article 185 The members of commercial banks, stock exchanges, futures Any members of State-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokering
companies, insurance companies or any other State-owned financial institutions or any person who is assigned by a State-owned commercial
bank, stock exchange, futures exchange, securities company , futures brokering company, insurance company or any other State-owned
financial institution to a financial institution that is not owned by the State to be engaged in public service commits the act
mentioned in the preceding paragraph, he shall be convicted and punished according to the provisions of Article 384 of this Law. Article 186 Whoever from the staff of a bank or other financial Whoever from the staff of a bank or other financial institution violates If a unit commits any crime mentioned in the preceding two paragraphs, the The range of parties shall be defined according to the Commercial Bank Law Article 187 Whoever from the staff of a bank or other financial If a unit commits a crime mentioned in the preceding paragraph, the unit Article 188 Whoever from the staff of a bank or other financial If a unit commits a crime mentioned in the preceding paragraph, the unit Article 189 Whoever from the staff of a bank or other financial If a unit commits a crime mentioned in the preceding paragraph, the unit Article 190 Any state-owned company, enterprise or other state-owned unit Article 191 Whoever conducts any of the following acts clearly knowing (1) providing funds accounts; (2) assisting in transforming the property into cash or financial bills; (4) assisting in remitting funds to any place outside China; or (5) by other means covering up or concealing the source and nature of If a unit commits a crime mentioned in the preceding paragraph, the unit Section 5 Crimes of Financial Fraud Article 192 Whoever collects capital illegally by means of swindling Article 193 Any of the following categories of persons who, for the (1) those who fabricate false reasons such as introduction of funds or (2) those who use false economic contracts; (3) those who use false documents of certification; (4) those who use false property certificates as guarantee or guarantee (5) those who swindle loans by other means. Article 194 Any of the following categories of persons who conducts (1) those who knowingly use forged or altered promissory bills, notes of (2) those who knowingly use invalid promissory bills, notes of exchange (3) those who falsely use other's promissory bills, notes of exchange or (4) those who issue bounced checks or checks on which signatures are (5) those drawers of promissory bills or notes of exchange who issue the Whoever uses forged or altered other bank settlement receipts such as Article 195 Any of the following categories of persons who conducts (1) those who use forged or altered letters of credit or attached (2) those who use invalid letters of credit; (3) those who defraud letters of credit; or (4) those who conduct swindling activities of letters of credit by Article 196 Any of the following categories of persons who conducts (1) those who use forged credit cards; (2) those who use invalid credit cards; (3) those who falsely use other's credit cards as their own; or (4) those who overdraw through malice. "To overdraw through malice" mentioned in the preceding paragraph refers Whoever steals and uses a credit card shall be decided a crime and Article 197 Whoever uses forged or altered treasury bills or other Article 198 Any of the following categories of persons who conducts (1) those insurance policy holders who intentionally fabricate the (2) those insurance policy holders, insurants or beneficiaries who (3) those insurance policy holders, insurants or beneficiaries who (4) those insurance policy holders or insurants who intentionally cause (5) those insurance policy holders or beneficiaries who intentionally Whoever commits any act listed in Item 4 or Item 5 of the preceding If a unit commits any crime mentioned in the first paragraph, the unit Any expert witness, witness or property adjuster of an insurance accident Article 199 Whoever commits a crime mentioned in Article 192, Article Article 200 If a unit commits a crime mentioned in Article 192, Article Section 6 Crimes of Endangering Taxes Collection and Administration Article 201 Any taxpayer who fails to pay, or underpays the amount of Any withholding agent who, by means specified in the preceding paragraph, Whoever has repeatedly committed any act mentioned in the preceding Article 202 Whoever refuses to pay tax with resort to violence or threat Article 203 Where any taxpayer who has not paid the tax due adopts the Article 204 Whoever obtains fraudulently from the state a tax refund for Any taxpayer who obtains fraudulently the tax he has paid by deceptive Article 205 Whoever falsely fills out value-added tax invoices or Whoever commits an act mentioned in the preceding paragraph and obtains If a unit commits a crime mentioned in this Article, the unit shall be "To falsely fill out value-added tax invoices or falsely fill out other Article 206 Whoever counterfeits value-added tax invoices or sells Whoever counterfeits and sells counterfeited value-added tax invoices If a unit commits a crime mentioned in this Article, the unit shall be Article 207 Whoever illegally sells value-added tax invoices shall be Article 208 Whoever illegally purchases value-added tax invoices or Whoever illegally purchases value-added tax invoices or purchases Article 209 Whoever counterfeits or makes without authorization other Whoever counterfeits or makes without authorization any other Whoever illegally sells any other kinds of invoices which may be used Whoever illegally sells any other kinds of invoices than those Article 210 Whoever steals value-added tax invoices or any other kinds of Whoever obtains value-added tax invoices or any other kinds of invoices Article 211 If a unit commits any crime mentioned in Article 201, Article Article 212 If anyone commits any crime mentioned in from Article 201 to Section 7 Crimes of Infringing upon Intellectual Property Rights Article 213 Whoever uses a trademark identical with another person's Article 214 Whoever knowingly sells goods bearing counterfeited Article 215 Whoever forges or makes without authorization representations Article 216 Whoever forges another person's patent shall, if the Article 217 Any of the following categories of persons who infringes (1) reproducing and distributing, without the permission of the copyright (2) publishing a book of which another person has the exclusive (3) reproducing and distributing, without the permission of the phonogram (4) producing and selling a work of art bearing the forged signature of Article 218 Whoever sells, for the purpose of reaping profits, those Article 219 Any of the following categories of persons who infringes (1) acquiring commercial secrets of another person who enjoys the rights (3) revealing, using or permitting other persons to use another person's Whoever acquires, uses or reveals another person's commercial secrets "Commercial secrets" mentioned in this Article refers to the practical "The person who enjoys the rights" mentioned in this Article refers to Article 220 If a unit commits any crime mentioned in from Article 213 to Section 8 Crimes of Disturbing Market Order Article 221 Whoever fabricates and disseminates false facts to impair Article 222 Any advertiser, advertising operator or advertising releaser Article 223 Any bidder who informs mutually the quoted price of a bid in Any bidder and bid inviter who act in collaboration in bidding and harm Article 224 Any of the following categories of persons who, in the course (1) those who sign contracts in the name of a false unit or another person; (2) those who use forged, altered or invalid bills or other false (3) those who are unable to fulfil contracts practically but trap (4) those who flee after receiving the goods, payment for goods, payment (5) those who obtain fraudulently property of the other party by other Article 225 Any of the following categories of persons who, in violation (1) without authorization, buying or selling monopolized articles or other (2) buying or selling import or export licences, import or export (3) illegally engaged in securities , futures or insurance business without the approval of the relevant
state department in charge. (4) other illegal business activities which disturb seriously the market Article 226 Whoever, by means of violence or threat, buys or sells Article 227 Whoever counterfeits tickets for vehicles or ships, postage Whoever resells tickets for vehicles or ships shall, if the circumstances Article 228 Whoever, for the purpose of making profits and in violation Article 229 Any person in an intermediary organization who bears the Any person specified in the preceding paragraph who extorts another Any person specified in the first paragraph who neglects his duty Article 230 Whoever, in violation of the Law on Import and Export Article 231 If a unit commits any crime mentioned in from Article 221 to Article 232 Whoever intentionally commits homicide shall be sentenced Article 233 Whoever negligently causes death of another person Article 234 Whoever intentionally inflicts bodily injury upon another Whoever, by committing the crime mentioned in the preceding paragraph, Article 235 Whoever negligently injures another person and causes Article 236 Whoever rapes a woman by force, threat or other means Whoever has sexual relations with a girl under the age of 14 shall be Any of the following categories of persons who rapes a woman or has sexual (1) those who rape a woman or have sexual relations with a girl with (2) those who rape several women or have sexual relations with several (3) those who, in a public place, rape a woman in public; (4) two or more persons who rape the same victim in succession; or (5) those who cause severe bodily injury or death of the victim or cause Article 237 Whoever acts indecently towards or insults a woman by force, Whoever, by means of gathering a crowd or in the public place and Whoever acts indecently towards a child shall be given a heavier Article 238 Whoever unlawfully detains another person or deprives another Whoever, by committing the crime mentioned in the preceding paragraph, Whoever, for the purpose of extorting the payment of debts, unlawfully Whoever from the staff of a state organ takes advantage of his office to Article 239 Whoever kidnaps another person for the purpose of extorting Whoever steals an infant or a baby for the purpose of extorting money Article 240 Whoever abducts and traffics in a woman or a child shall (1) being a ringleader of a group engaged in the abduction of and (2) abducting and trafficking in three or more women and/or children; (3) raping the woman who is abducted and trafficked in; (4) enticing or forcing the woman who is abducted and trafficked in to (5) for the purpose of selling the victim, kidnapping a woman or a child (6) for the purpose of selling the victim, stealing an infant or a baby; (7) causing severe bodily injury or death or other serious consequences (8) selling a woman or a child out of the territory of China. "Abducting and trafficking in a woman or a child" refers to any act of Article 241 Whoever buys a woman or a child who is abducted and Whoever buys a woman who is abducted and trafficked in and has sexual Whoever buys a woman or a child who is abducted and trafficked in and Whoever buys a woman or a child who is abducted and trafficked in and Whoever buys a woman or a child who is abducted and trafficked in and Whoever, having bought a woman or a child who is abducted and trafficked Article 242 Whoever obstructs by violence or threat state Article 243 Whoever fabricates facts to implicate another person on Any state functionary who commits a crime mentioned in the preceding Where it is not a case of intentional false accusation but rather a case Article 244 If any employing unit, in violation of laws or Article 245 Whoever unlawfully subjects another person to a bodily search Any judicial functionary who exercises his power unproperly and commits Article 246 Whoever, by means of violence or by other means, insults The crime mentioned in the preceding paragraph shall be handled only upon Article 247 Any judicial functionary who extorts by torture a confession Article 248 Whoever from the supervising or administering persons of Any supervising or administering person who instigates prisoners or Article 249 Whoever incites national hatred or national discrimination Article 250 If a publication carries contents involving discriminating Article 251 Any state functionary who unlawfully deprives a citizen of Article 252 Whoever conceals, destroys or unlawfully opens another Article 253 Any postal worker who opens, conceals or destroys mails or Whoever steals property while committing the crime mentioned in the Article 254 Any state functionary who abuses his power, using his public Article 255 Any leader of a company, an enterprise, institution, organ or Article 256 Whoever, in the course of electing the representatives of Article 257 Whoever forcibly interferes with another person's freedom If anyone committing the crime mentioned in the preceding paragraph Article 258 Whoever has a spouse and commits bigamy or whoever marries Article 259 Whoever cohabits with or marries a person while clearly Whoever takes advantage of his office or subordinate relation and has Article 260 Whoever maltreats a member of his family shall, if the If anyone committing the crime mentioned in the preceding paragraph causes The crime mentioned in the first paragraph of this Article shall be Article 261 Whoever refuses his proper duty to support an aged person, Article 262 Whoever abducts a boy or girl under the age of 14, thereby Article 263 Whoever takes public or private property by force, (1) entering a house owned by others and committing robbery; (2) committing robbery in a means of public transport; (3) robbing a bank or other financial institution; (4) committing robbery for several times or committing robbery in which (5) causing serious injury or death to another person while committing (6) committing robbery by passing himself off as a servicemen or a (7) holding a gun to commit robbery; or (8) robbing military supplies or goods and materials that are allocated Article 264 Whoever steals a relatively large amount of public or private (1) stealing property from a financial institution, and obtaining a (2) stealing rare and precious cultural relics with serious circumstances. Article 265 Whoever, for the purpose of making profits, connects secretly Article 266 Whoever swindles a relatively huge amount of public or Article 267 Whoever seizes forcibly a relatively huge amount of public Whoever holds lethal weapons to seize forcibly property shall be decided Article 268 Any ringleader or other active participant who gets together Article 269 If anyone commits a crime of theft, fraud or forcible seizure Article 270 Whoever illegally takes possession of another person's Whoever illegally takes possession of property which is lost or buried The crime mentioned in this Article shall be handled only upon complaint. Article 271 Whoever from the staff of a company, an enterprise or other If anyone from the staff of a state-owned company, enterprise or other Article 272 Whoever from the staff of a company, enterprise or other If anyone from the staff of a state-owned company, enterprise or other Article 273 Anyone directly responsible for the act of misappropriation Article 274 Whoever extorts money or other public or private property by Article 275 Whoever intentionally destroys public or private property Article 276 Whoever, for purpose of retaliation or from spite or other Section 1 Crimes of Disturbing the Public Order Article 277 Whoever, by means of force or threat, obstructs a state Whoever, by means of force or threat, obstructs a representative of Whoever, during a natural disaster or unexpected incident, by means of Whoever intentionally obstructs a state security organ or a public Article 278 Whoever incites the masses to resist enforcement of state's Article 279 Whoever poses as a state functionary in order to practise Whoever poses as a people's policeman in order to practise fraud shall Article 280 Whoever forges, alters, buys or sells, steals, forcibly Whoever forges seals of a company, enterprise, institution, or people's Whoever forges or alters identity cards of residents shall be Article 281 Whoever illegally produces, buys or sells uniforms for the If a unit commits a crime mentioned in the preceding paragraph, the Article 282 Whoever, by means of stealing, prying or buying, obtains Whoever illegally holds documents, materials or other articles involving Article 283 Whoever illegally produces or sells spy apparatus for special Article 284 Whoever illegally uses apparatus for special use of Article 285 Whoever, in violation of state's stipulations, invades Article 286 Whoever, in violation of state's stipulations, deletes, Whoever, in violation of state's stipulations, conducts operations of Whoever intentionally makes or disseminates computer virus or other Article 287 Whoever uses a computer to practise a financial fraud, Article 288 Whoever, in violation of state's stipulations, without If a unit commits a crime mentioned in the preceding paragraph, the unit Article 289 Whoever gathers a crowd for "beating, smashing and looting" Article 290 Where an assembled crowd disturbs public order, if the Where an assembled crowd assaults state organs and makes it impossible for Article 291 Where an assembled crowd disturbs order at stations, Article 292 Where an assembled crowd engages in affrays, the ringleaders (1) gathering a crowd to engage in affrays for several times; (2) gathering a crowd to engage in affrays involving many persons and on (3) in public places or on main traffic roads, gathering a crowd to (4) gathering a crowd to engage in affrays with weapons. Whoever gathers a crowd to engage in affrays and causes serious injury Article 293 Whoever commits any of the following acts of creating (1) beating another person at will and with flagrant circumstances; (2) pursuing, intercepting or abusing another person with flagrant (3) extorting forcibly or at will, destroying or possessing and using (4) in public places, booing and hooting and making trouble and Article 294 Whoever organizes, leads and actively participates in Whoever from the staff of an organization of criminal syndicate abroad Whoever commits any crime mentioned in the preceding two paragraphs and Whoever from the staff of state organs protects an organization with Article 295 Whoever passes on means of crime shall be sentenced to Article 296 In a case where no application has been made for an assembly, Article 297 Whoever, in violation of the provisions of law, Article 298 Whoever disturbs, breaks into or undermines by other means Article 299 Whoever desecrates the National Flag or the National Article 300 Whoever organizes or uses superstitious sects or secret Whoever organizes or uses superstitious sects or secret societies or Whoever organizes or uses superstitious sects or secret societies or Article 301 Where an assembled crowd commits licentious activities, Whoever lures a minor to join a crowd engaging in licentious activities Article 302 Whoever steals or insults a corpse shall be sentenced Article 303 Whoever, for the purpose of profit, assembles a crowd Article 304 Any postal worker who neglects his duty seriously and delays Section 2 Crimes of Impairing Judicial Activities Article 305 If, in the course of criminal procedures, any witness, expert Article 306 If, in the course of criminal procedures, any defender or Where the testimony or other evidence provided, produced or cited by Article 307 Whoever, by violence, threat, bribe or other means, Whoever assists a party concerned to destroy or forge evidence shall, Any judicial functionary who commits a crime mentioned in the preceding Article 308 Whoever carries on retaliatory attacks against a witness Article 309 Whoever gathers a crowd to make trouble in or assault Article 310 Whoever, while clearly knowing that another person has Conspirators to a crime mentioned in the preceding paragraph shall be Article 311 Whoever, while clearly knowing that another person has Article 312 Whoever, while clearly knowing that it is booty obtained Article 313 Whoever refuses to carry out legally effective judgments Article 314 Whoever conceals, transfers, sells or intentionally destroys Article 315 Any criminal who commits any of the following acts of (1) beating the persons in charge of supervision and administration; (2) organizing other persons under supervision and administration to (3) gathering a crowd to make trouble, disturbing the normal order of (4) beating or corporally punishing, or inciting another person to Article 316 Any criminal, defendant or suspect for a crime who escapes Whoever seizes by force a criminal, defendant or suspect for a crime who Article 317 Any ringleader who organizes others to flee from a prison Any ringleader who flees from a prison by insurrection or raids a prison Section 3 Crimes of Impairing Regulations of National Boundary Article 318 Whoever organizes other persons to secretly cross the (1) being a ringleader of a group which organizes other persons to (2) organizing other persons to secretly cross the national boundary (3) causing severe bodily injury or death to the organized persons; (4) depriving or limiting the organized persons' personal freedom; (5) resisting the inspection by means of force or threat; (6) getting a huge amount of illegal income; or (7) having other especially serious circumstances. Whoever commits a crime mentioned in the preceding paragraph and commits Article 319 Whoever, in the name of labour export, foreign trade or If a unit commits a crime mentioned in the preceding paragraph, the unit Article 320 Whoever provides other persons with forged or altered Article 321 Whoever transports other persons to secretly cross the (1) transporting other persons for many times or transporting many persons; (2) using vessels, vehicles and other traffic means which are lack of (3) getting a huge amount of illegal income; or (4) having other especially serious circumstances. Whoever causes severe bodily injury or death to the transported person Whoever commits any crime mentioned in the preceding two paragraphs and Article 322 Whoever, in violation of laws and regulations of national Article 323 Whoever intentionally damages the boundary tablets, Section 4 Crimes of Impairing Regulations of Cultural Relics Article 324 Whoever intentionally damages precious cultural relics under Whoever intentionally damages historic sites or scenic spots under state Whoever negligently damages precious cultural relics under state Article 325 Whoever, in violation of laws and administrative regulations If a unit commits a crime mentioned in the preceding paragraph, the Article 326 Whoever, for the purpose of profit, resells the cultural If a unit commits a crime mentioned in the preceding paragraph, the unit Article 327 Where a state-owned museum, library or other unit, in Article 328 Whoever excavates and robs a site of ancient culture or (1) excavating and robbing a site of ancient culture or ancient tomb (2) being the ringleader of a gang engaged in excavating and robbing sites (3) excavating and robbing sites of ancient culture or ancient tombs for Whoever excavates and robs fossils of ancient human being or ancient Article 329 Whoever seizes forcibly or steals state-owned archives shall Whoever, in violation of the provisions of the Archives Law, sells or If anyone commits an act mentioned in the preceding two paragraphs and the Section 5 Crimes of Endangering Public Health Article 330 Whoever, in violation of the provisions of the Law on the (1) failure on the part of a water supply unit to conform to the hygienic (2) refusal to give disinfection treatment, according to the sanitary (3) approving or conniving at the taking of jobs by patients of infectious (4) refusal to execute preventive and control measures proposed by If a unit commits any crime mentioned in the preceding paragraph, The range of A Class infectious diseases shall be defined according to Article 331 Any person engaged in the experimentation, storage, carrying Article 332 Whoever, in violation of the provisions on frontier health If a unit commits any crime mentioned in the preceding paragraph, Article 333 Whoever organizes illegally other persons to sell blood shall Whoever commits any crime mentioned in the preceding paragraph Article 334 Whoever illegally collects or provides blood or, makes or If a unit who collects or provides blood or makes or provides blood Article 335 Whoever from the medical staff, because of serious Article 336 Anyone who illegally makes a diagnosis or gives treatment Anyone who, without a qualification for a doctor and without Article 337 Whoever, in violation of the provisions of the Law on the If a unit commits the crime mentioned in the preceding paragraph, the Section 6 Crimes of Undermining Protection of Environmental Resources Article 338 Whoever, in violation of the state's stipulations, Article 339 Whoever, in violation of the state's stipulations, dumps, Whoever takes the liberty to import solid wastes as raw materials without Whoever in the name of utilizing raw materials imports solid wastes Article 340 Whoever, in violation of laws or administrative regulations Article 341 Whoever illegally catches or kills the species of wildlife Whoever, in violation of game laws or regulations, hunts in a game Article 342 Whoever, in violation of laws or regulations on land Article 343 Whoever, in violation of the provisions of the Mineral Whoever, in violation of the provisions of the Mineral Resources Law, Article 344 Whoever, in violation of the provisions of the Forestry Law, Article 345 Whoever illegally cuts down trees, bamboo, etc. shall, if Whoever, in violation of the provisions of the Forestry Law, denudes Whoever, for the purpose of profit, illegally purchases forest trees Whoever illegally cuts down or denudes forests or other woodlands in the Article 346 If a unit commits any crime mentioned in the provisions from Section 7 Crimes of Smuggling, Trafficking in, Transporting and Article 347 Whoever smuggles, traffics in, transports or manufactures Whoever smuggles, traffics in, transports or manufactures narcotic drugs, (1) smuggling, trafficking in, transporting or manufacturing opium of (2) being ringleaders of gangs engaged in smuggling, trafficking in, (3) shielding with arms the smuggling, trafficking in, transporting or (4) violently resisting inspection, detention or arrest with serious (5) involved in organized international drug trafficking. Whoever smuggles, traffics in, transports or manufactures opium in a Whoever smuggles, traffics in, transports or manufactures opium of If a unit commits any crime mentioned in the second, third or fourth Whoever makes use of minors or aids and abets them to smuggle, traffic With respect to persons who have smuggled, trafficked in, transported or Article 348 Whoever illegally possesses opium of not less than 1,000 Article 349 Whoever shields offenders engaged in smuggling, trafficking Any anti-narcotic drugs personnel or other state functionary who screens Conspirators to a crime mentioned in the preceding two paragraphs shall be Article 350 Whoever, in violation of the state's stipulations, illegally Whoever provides other persons with substances mentioned in the preceding If a unit commits a crime mentioned in the preceding two paragraphs, the Article 351 Whoever illegally cultivates mother plants of narcotic drugs, (1) cultivating opium poppy of not less than 500 plants but not more than (2) cultivating any mother plant of narcotic drugs again after being dealt (3) resisting the uprooting of such mother plants. Whoever illegally cultivates opium poppy of not less than 3,000 plants Persons illegally cultivating opium poppy or any mother plants of other Article 352 Whoever illegally traffics in, transports, carries or holds Article 353 Whoever lures, aids and abets, or cheats others into drug Whoever forces others to ingest or inject narcotic drugs shall be Whoever lures, aids and abets, cheats or forces minors into ingesting Article 354 Whoever provides shelter for others to ingest or inject Article 355 Persons who are allowed by law to engage in manufacture, If a unit commits any crime mentioned in the preceding paragraph, the Article 356 Whoever has ever been sentenced for crimes of smuggling, Article 357 "Narcotic drugs" mentioned in this Law refers to opium, The amount of narcotic drugs shall be computed according to the amount Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and Article 358 Whoever organizes or forces any other person or persons to (2) forcing a girl under the age of 14 to engage in prostitution; (3) forcing many persons to engage in prostitution or forcing any other (4) forcing the victim to engage in prostitution after raping her; or (5) causing serious bodily injury or death to the person being forced to Whoever commits any of the acts mentioned in the preceding paragraph, if Whoever assists in organizing another person to engage in prostitution Article 359 Whoever lures, shelters or procures any other person or Whoever lures a girl under the age of 14 to engage in prostitution Article 360 Whoever suffering from serious venereal diseases such as Whoever whores with a girl under the age of 14 shall be sentenced to Article 361 Any personnel of a unit in the trade of hotel, catering or If the persons in charge of the unit mentioned in the preceding paragraph Article 362 Where any leading personnel, staff member or worker of a unit Section 9 Crimes of Manufacturing, Trafficking in and Disseminating Article 363 Whoever produces, duplicates, publishes, trafficking in or Whoever provides book numbers for others to publish pornographic Article 364 Whoever disseminates in society pornographic books and Whoever organizes shows of pornographic films or videos or other Whoever manufactures or duplicates pornographic films or videos or other Whoever disseminates pornographic articles to minors under the age of 18 Article 365 Whoever organizes a pornographic performance shall be Article 366 If a unit commits any crime mentioned in Article 363, Article 367 "Pornographic articles" mentioned in this Law refers to Scientific works concerning physiology of human body or medical knowledge Literary or artistic works of artistic value which contain contents of sex Article 368 Whoever hinders, by means of violence or threat, servicemen Whoever intentionally hinders the armed forces from taking an military Article 369 Whoever damages weapons or equipment, military installations Article 370 Whoever provides knowingly the armed forces with substandard Whoever negligently commits the crime mentioned in the preceding If a unit commits the crime mentioned in the first paragraph, the unit Article 371 Where an assembled crowd assaults a military forbidden Where an assembled crowd disturbs order of a military administrative Article 372 Whoever passes himself off as a serviceman in order to Article 373 Whoever incites a serviceman to flee from the armed forces Article 374 Whoever, in the work of conscription, engages in malpractice Article 375 Whoever forges, alters, buys or sells, steals or forcibly Whoever illegally produces or traffics in uniforms, number plates of If a unit commits a crime mentioned in the second paragraph, Article 376 Whoever from the persons on reserve duty refuses or Any citizen who refuses to be on active service or escapes from being Article 377 Whoever, during wartime, intentionally provides false enemy's Article 378 Whoever, during wartime, fabricates rumours to mislead Article 379 Whoever, during wartime, provides shelters or property for Article 380 Where any unit, during wartime, refuses or intentionally Article 381 Whoever, during wartime, refuses military commandeering Article 382 Any state functionary who, by taking advantage of his office, Whoever from the persons who are appointed, by state organs, state-owned Article 383 Whoever commits the crime of embezzlement shall, in (1) An individual who embezzles not less than 100,000 yuan shall be (2) An individual who embezzles not less than 50,000 yuan and not more (3) An individual who embezzles not less than 5,000 yuan and not more than (4) An individual who embezzles not more than 5,000 yuan shall, if the Whoever repeatedly commits crimes of embezzlement and goes unpunished Article 384 Any state functionary who takes advantage of his office to Whoever misappropriates for his own use funds and materials allocated for Article 385 Any state functionary who, by taking advantage of his office, Any state functionary who, in his economic activities, in violation Article 386 Whoever commits a crime of acceptance of bribes shall, in Article 387 Where any state organ, state-owned company or enterprise, Any unit listed in the preceding paragraph which, in its economic Article 388 Any state functionary who, by taking advantage of his Article 389 Whoever, for the purpose of seeking unlawful profits, gives Whoever, in economic activities, violating the state's stipulations, Whoever being extorted gives property to a state functionary and gains no Article 390 Whoever commits the crime of bribing shall be sentenced to Those bribers who voluntarily confess their bribery before being Article 391 Whoever, for the purpose of seeking unlawful profits, gives If a unit commits a crime mentioned in the preceding paragraph, the unit Article 392 Whoever introduces a bribe to a state functionary shall, The person who introduces a bribe shall, if he voluntarily confesses his Article 393 If a unit, for the purpose of unproper interests, offers Article 394 Any state functionary who, in the domestic activities for Article 395 Any state functionary whose property or expenditure Any state functionary shall report to the state their bank savings in Article 396 If a state organ, state-owned company or enterprise, Any judicial organ or administrative organ who, in violation of the Article 397 Any state functionary who abuses his power of office or Any state functionary who engages in malpractice for the benefit of his Article 398 Any state functionary who, in violation of the provisions of Any person other than a state functionary who commits a crime mentioned in Article 399 Any judicial functionary who bends the law for the benefits Whoever, in the course of civil or administrative trial, intentionally Any judicial functionary who accepts a bribe and twists the law, and Article 400 Any judicial functionary who releases without authorization Any judicial functionary who, because of serious negligence of his duties, Article 401 Any judicial functionary who engages in malpractice for the Article 402 Any administrative law enforcement official who fails to Article 403 Any state functionary of relevant competent departments If an authorities at higher level forces the registration organ Article 404 Any functionary of the tax authorities who engages in Article 405 Any functionary of the tax authorities who, in violation Any other state functionary who, in violation of the state's stipulations, Article 406 Any state functionary who, in the course of signing or Article 407 Any state functionary of the forestry departments who, in Article 408 Any state functionary in charge of supervision and control Article 409 Any person engaged in the prevention or treatment related to Article 410 Any state functionary who engages in malpractice for his Article 411 Any Customs functionary who engages in malpractice for his Article 412 Any functionary of state commodity inspection departments or Any person listed in the preceding paragraph who neglects his duties so Article 413 Where a quarantine functionary of an animal and plant Any person listed in the preceding paragraph who neglects his duties so Article 414 Any state functionary in charge of investigation of the Article 415 Any state functionary in charge of issuing passports, visas Article 416 Any state functionary in charge of rescuing a woman or If any state functionary in charge of rescue takes advantage of his office Article 417 Any state functionary in charge of investigating and Article 418 Any state functionary who, in the course of recruiting public Article 419 Any state functionary who seriously neglects his duties and Article 420 Any act of a serviceman that contravenes his duties and Article 421 Any serviceman who disobeys orders during wartime, thereby Article 422 Any serviceman who intentionally conceals or makes a false Article 423 Any serviceman who, in fear of death on battlefield, Any serviceman who, after surrendering to the enemy, works for enemy Article 424 Any serviceman who deserts from his unit before a battle Article 425 Any person in command or on duty who leaves his post or Any person who, during wartime, commits a crime mentioned in the preceding Article 426 Any person who, by force or threat, hinders commanding Article 427 Any serviceman who abuses his power of office and incites Article 428 Any person in command who disobeys orders, flinches from Article 429 Any commanding person of an army who, while clearly knowing Article 430 Any serviceman who leaves his posts without authorization Any serviceman who drives an aircraft or warship to turn traitor and flee Article 431 Whoever, by means of stealing, prying or buying, illegally Whoever steals, pries, buys or illegally provides military secrets for Article 432 Whoever, in violation of laws or administrative regulations Whoever, during wartime, commits a crime mentioned in the preceding Article 433 Whoever, during wartime, fabricates rumours to mislead Whoever colludes with the enemy and fabricates rumours to mislead Article 434 Whoever, during wartime, inflicts bodily injury on himself, Article 435 Whoever, in violation of laws or administrative regulations Whoever, during wartime, commits a crime mentioned in the preceding Article 436 Whoever violates the provisions for use of weapons and Article 437 Whoever violates the provisions for control of weapons and Article 438 Whoever steals or seizes forcibly weapons and equipment or Whoever steals or seizes forcibly guns, ammunitions or explosives Article 439 Whoever illegally sells or transfers weapons and equipment of Article 440 Any serviceman who disobeys orders and abandons weapons and Article 441 Any serviceman who loses weapons and equipment and does not Article 442 Where anyone, in violation of the stipulations and without Article 443 Any serviceman who abuses his power of office and maltreats Article 444 Any person directly responsible for the deliberate Article 445 Any person at post of rescue and cure who, during wartime, Article 446 Any serviceman who, during wartime, mistreats innocent Article 447 Whoever releases without authorization a prisoner of war Article 448 Any serviceman who maltreats prisoners of war shall, if the Article 449 Any serviceman who, during wartime, commits a crime and is Article 450 This Chapter are applicable to the officers, nonmilitary Article 451 "During wartime" mentioned in this Chapter refers to The time when the army enforces tasks of martial law or disposes emergent Article 452 This Law shall go into effect as of October 1, 1997. Regulations, supplementary provisions and decisions enacted by the Supplementary provisions and decisions enacted by the Standing The following regulations, supplementary provisions and decisions enacted 1. Interim Regulations of the People's Republic of China on Punishment 2. Decision Regarding the Severe Punishment of Criminals Who Seriously 3. Decision Regarding the Severe Punishment of Criminals Who seriously 4. Supplementary Provisions Concerning the Punishment of the Crimes 5. Supplementary Provisions Concerning the Punishment of the Crimes of 6. Supplementary Provisions Concerning the Punishment of the Crimes of 7. Supplementary Provisions Concerning the Punishment of the Crimes of 8. Decision Regarding the Punishment of Crimes of Desecrating the 9. Supplementary Provisions Concerning the Punishment of the Crimes of 10. Decision Regarding the Punishment of the Criminals Engaged in 12. Decision Regarding the Punishment of the Crimes of Production and 13. Decision Regarding the Punishment of the Crimes of Infringing 14. Decision Regarding the Punishment of the Crimes of Violating 15. Decision Regarding the Handling of Criminals Undergoing Reform The following supplementary provisions and decisions enacted by the 1. Decision Regarding the Prohibition against Narcotic Drugs 2. Decision Regarding the punishment of Criminals Who Smuggle, Produce, 3. Decision Regarding the Severe Punishment of Criminals Who Abduct and 4. Decision Regarding the Strict Prohibition against Prostitution and 5. Supplementary Provisions Concerning the Imposition of Punishment in 6. Supplementary Provisions Concerning the Severe Punishment of the 7. Decision Regarding the Punishment of the Crimes of Undermining 8. Decision Regarding the Punishment of the Crimes of Falsification, Note: *1. "Public surveillance" is the usual English translation for (guanzhi),
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Appendix: Criminal Law of the People's Republic of China(Version 1999)
(Adopted at the Second Session of the Fifth National People's Congress
on July 1, 1979, revised at the Fifth Session of the Eighth National
People's Congress on March 14, 1997 revised for the second time in
accordance with the Amendment to the Amendment to Criminal Law of the
People's Republic of China promulgated by Order No.27 of the President of
the People's Republic of China on December 25, 1999)
Contents
? Section 7 Crimes of Infringing upon Intellectual Property Rights
Chapter I The Tasks, Basic Principles and Scope of Application of the
Criminal Law
protecting the people, and in accordance with the Constitution, and in
the light of the concrete experiences in fighting against crimes
and the actual circumstances.
of China are to use criminal punishments to fight against all criminal acts
in order to defend the security of the State; to defend the political
power of the people's dictatorship and socialist system; to protect
property owned by the State and the property collectively owned by the
working people; to protect the citizens' privately owned property;
to protect the citizens' rights of the person and their democratic and
other rights; to maintain public order and economical order, and to safeguard
the smooth progress of the cause of the socialist revolution and socialist
construction.
shall be determined and punished as a criminal act in accordance with the law;
where an act is not expressly defined in the laws as a criminal act, it shall
not be determined and punished as a criminal act.
No one is privileged to be beyond the law.
accordance with the criminal acts and the criminal responsibility of
the criminals.
within the territory of the People's Republic of China, unless the case is
covered by special legal provisions.
a ship or an aircraft of the People's Republic of China.
of the People's Republic of China, the crime shall be deemed to have been
committed within the territory of the People's Republic of China.
Republic of China who commit crimes prescribed in this Law outside the
territory of the People's Republic of China; however, they may not be
investigated if for those crimes this Law prescribes a maximum punishment
of fixed-term imprisonment of not more than three years.
People's Republic of China who commit crimes outside the territory of the
People's Republic of China.
a crime outside the territory of the People's Republic of China,
against the state of the People's Republic of China or against its citizens,
if for that crime this Law prescribes a minimum punishment of fixed-term
imprisonment of not less than three years; however, this does not
apply to a crime that is not punishable according to the law of the place
where it was committed.
international treaties concluded or acceded to by the People's Republic of
China and over which the People's Republic of China has criminal jurisdiction
within its obligation in accordance with the treaties.
People's Republic of China for which according to this Law he would
bear criminal responsibility, he may still be dealt with according to this
Law, even if he has already been tried in a foreign country. However, if
he has already received criminal punishment in the foreign country, he
may be exempted from punishment or given a mitigated punishment.
diplomatic privileges and immunities shall be resolved through diplomatic
channels.
Republic of China and before the entry into force of this Law was not deemed
a crime under the laws in force at the time, those laws shall apply. If the
act was deemed a crime under the laws in force at that time and is subject to
prosecution under the provisions of Section 8, Chapter IV of the General
Provisions of this Law, criminal responsibility shall be investigated
according to those laws. However, if this Law does not deem it a crime or
imposes a lighter punishment, this Law shall apply.
time before the entry into force of this Law, shall keep their effectiveness.
Chapter II Crimes
and territorial integrity and security of the state; dismembers the state and
subverts the political power of the people's dictatorship and overthrows
the socialist system; disrupts social order and economic order; violates
property owned by the state or collectively owned by the working people;
violates the citizens' privately owned property or infringes upon the
citizens' rights of the person and their democratic and other rights; and any
other act that endangers society and is punishable according to law. However,
an act that is clearly of minor importance and little harm shall not be
considered a crime.
person who clearly knows that his act will produce socially dangerous
consequences but who wishes or allows such consequences to occur.
person who should have foreseen that his act would possibly produce
socially dangerous consequences but who fails to do so through negligence
or, having foreseen the consequences, readily believes that they can be
avoided, the result being that these consequences do occur.
the law so provides.
unavoidable or unforeseeable causes rather than intent or negligence, it
shall not be a crime.
commits a crime shall bear criminal responsibility.
who commits homicide, intentionally injuring another person resulting in
serious bodily injury or death, rape, robbery, selling narcotic drugs, arson,
causing explosion, or spreading poisons, shall bear criminal responsibility.
who commits a crime shall be given a lighter or mitigated punishment.
the head of his family or his guardian shall be ordered to discipline and
educate him. When necessary, he may also be taken in by the government
for reeducation.
time when he is unable to recognize or control his own conduct, and such
a circumstance is confirmed by a forensic doctor, he shall not bear criminal
responsibility, but his family members or guardian shall be ordered to keep
him under strict surveillance and arrange for his medical treatment. When
necessary, he may also be arranged for medical treatment under coercion by
the government.
bear criminal responsibility if he commits a crime when he is in a normal
mental state.
or control his own conduct and commits a crime shall bear criminal
responsibility, but he may be given a lighter or mitigated punishment.
responsibility.
may be given a lighter or mitigated punishment or be exempted from punishment.
infringement in order to avert an immediate and unlawful infringement of
the state's interest or of the public interest or of his own or another
person's rights of the person, or property rights, or other rights, resulting
in harm to the unlawful infringer, such an act shall be justifiable defence,
and criminal responsibility shall not be borne for such an act.
exceeds the limits of necessity and causes serious harm; however, a
mitigated punishment or exemption from punishment shall be given.
physical assault, committing homicide, robbery, rape, kidnapping, and other
crimes seriously endangering the security of a person, and it causes bodily
injury or death to the unlawful infringer, such an act shall not be defence
that exceeds the limits of necessity, and criminal responsibility shall not
be borne for such an act.
a person is compelled to commit in an emergency to avert an immediate
danger to the state's interest or the public interest or to his own or another
person's rights of the person or property rights or other rights, and that
causes harm.
emergency to avert danger exceeds the limits of necessity and causes
undue harm; however, a mitigated punishment or exemption from punishment
shall be given.
averting danger to oneself shall not apply to a person who is charged with
specific responsibility in his post or profession.
of a Crime
instruments or the creation of the conditions for a crime.
who completed the crime, be given a lighter or mitigated punishment or
be exempted from punishment.
has already begun to commit a crime but is prevented from completing
it for reasons independent of his will.
with one who completed the crime, be given a lighter or mitigated punishment.
process of committing a crime, the offender voluntarily quits continuing the
crime or voluntarily and effectively prevents the consequences of the
crime from occurring.
from punishment shall be given; where an offender causes harm, a mitigated
punishment shall be given.
by two or more persons jointly.
be punished as a joint crime; those who should bear criminal responsibility
shall be individually punished according to the crimes they have
committed.
and leads a criminal group in carrying out criminal activities or plays a
principal role in a joint crime.
which is composed of more than three persons for the purpose of committing
a crime jointly.
given a punishment according to all the crimes the group has committed.
shall be given a punishment according to all the crimes that he participates
in or organizes or commands.
or auxiliary role in a joint crime.
exempted from punishment.
a crime shall, according to the circumstances of his crime, be given a
mitigated punishment or be exempted from punishment.
be punished according to the role he has played in the joint crime.
Anyone who instigates a person under the age of 18 to commit a crime
shall be given a heavier punishment.
instigator may be given a lighter or mitigated punishment.
organization that conducts an act harmful to society, where such an act is
stipulated as a crime, shall bear criminal responsibility.
and the person(s) directly in charge and other person(s) directly involved
in the crime shall be given a punishment. Where Specific Provisions of this
Law or other laws stipulate otherwise, such stipulation shall be applied.
Chapter III Punishments
supplementary punishments.
to a foreigner who commits a crime.
crime, the criminal shall, in addition to receiving a criminal sanction
according to law, be sentenced to make compensation for the economic
losses in the light of the circumstances.
in the meantime, has no enough property to pay off, or is punished with
confiscation of property, he shall first bear responsibility of civil
compensation to the victim.
do not require punishment, he may be exempted from criminal sanctions;
however, he may, according to the different circumstances of each case,
be reprimanded or ordered to make a statement of repentance, offer an
apology, pay compensation for the losses or be subject to administrative
punishment or administrative sanctions by the competent department.
three months and not more than two years.
be executed by a public security organ.
observe the following rules during the term in which his sentence is being
executed:
of assembly, of association, of procession and of demonstration without
approval of the public organ;
executing the public surveillance;
the public surveillance; and
surveillance for departure from the county or city where he lives or change in
residence.
labour, receive equal pay for equal work.
executing organ shall immediately announce the termination of public
surveillance to the criminal sentenced to public surveillance and to his unit
or the masses of the place of his residence.
date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day spent in custody shall be
considered as two days of the term sentenced.
months and not more than 6 months.
sentence shall be executed by the public security organ in the vicinity.
detention may go home for one to two days each month; an appropriate
remuneration may be given to those who participate in labour.
date the judgment begins to be executed; if the criminal is held in custody
before the execution of the judgment, each day in custody shall be
considered as one day of the term sentenced.
in Article 50 and Article 69, shall not be less than 6 months and not more
than 15 years.
imprisonment shall serve his sentence in prison or another place for
execution. Anyone who is able to work shall participate in labour,
and accepts education and reform.
from the date the judgment begins to be executed; if the criminal is held
in custody before the execution of the judgment, each day in custody
shall be considered as one day of the term sentenced.
have committed the most heinous crimes. If the immediate execution of
a criminal punishable by death is not deemed necessary, a two-year
suspension of execution may be pronounced simultaneously with the imposition
of the death sentence.
decided by the Supreme People's Court, shall be submitted to the Supreme
People's Court for approval. Death sentences with a suspension of
execution may be decided or approved by a higher people's court.
had not reached the age of 18 at the time the crime was committed or to
women who are pregnant at the time of trial.
does not commit an intentional crime during the period of suspension, his
punishment shall be commuted to life imprisonment upon the expiration of that
two-year period; if he performs great meritorious service, his punishment
shall be commuted to fixed-term imprisonment of not less than 15 years and
not more than 20 years upon the expiration of that two-year period; if it is
verified that be has committed an intentional crime, the death penalty shall
be executed upon the approval of the Supreme People's Court.
shall be counted from the date the judgment becomes final. The term of
a fixed-term imprisonment that is commuted from a death penalty with
suspension of execution shall be counted from the date of expiration of the
term of suspension of execution of a death.
according to the circumstances of the crime.
within the time limit specified in the judgment. If a fine is not paid upon
the expiration of that time limit, the payment shall be compelled. If a
person is unable to pay all the fine, a people's court shall, when it finds
that the person subjected to execution has any other property, pursue the
payment at any time. If a person has true difficulties in paying because of
an unavoidable disaster, the fine may be reduced or remitted according to
the circumstances.
following rights:
association, of procession, and of demonstration;
enterprise, institution or people's organization.
than one year and not more than five years, except as stipulated in
Article 57 of this Law.
rights as a supplementary punishment, the term of deprivation of political
rights shall be the same as the term of public surveillance, and the
punishments shall be executed simultaneously.
security shall be sentenced to deprivation of political rights as a
supplementary punishment; Criminals who commit crimes of intentional
homicide, rape, arson, causing explosion, spreading poisons, robbery and
other crimes which seriously undermine public order may also be sentenced to
deprivation of political rights as a supplementary punishment.
of the Specific Provisions of this Law shall be applied.
shall be deprived of political rights for life.
fixed-term imprisonment, or a life imprisonment is commuted to a fixed-term
imprisonment, the term of the supplementary punishment of deprivation
of political rights shall be changed to not less than three years and
not more than ten years.
punishment shall be counted from the date on which imprisonment
or criminal detention ends or from the date on which parole begins.
Deprivation of political rights shall of course be in effect during the
period in which the principal punishment is being executed.
observe laws and administrative regulations and relevant stipulations on
supervision and administration promulgated by the Department of Public
Security under the State Council, submit to supervision; and shall not
exercise the rights of freedom stipulated in Article 54 of this Law.
or all of the property personally owned by a criminal. When all of
the property of a criminal is confiscated, necessaries of life for the
criminal and his dependent family members shall be left out.
the criminal's family members own or should own shall not be subject to
confiscation.
legitimate debts that the criminal incurred before his property is
confiscated, such debts shall be paid at the request of the creditors.
Chapter IV The Concrete Application of Punishments
based on the facts, nature and circumstances of the crime, the
degree of harm done to society and the relevant provisions of this Law.
heavier or a lighter punishment under the provisions of this Law, the
criminal shall be sentenced to a punishment within the limits of the
prescribed punishment.
mitigated punishment under the provisions of this Law, the criminal shall
be sentenced to a punishment less than the prescribed punishment.
punishment under the provisions of this Law, the criminal may, upon
approval of the Supreme People's Court, be sentenced to a punishment
less than the prescribed punishment according to the special particulars
of the case.
recovered, or compensation shall be ordered. Legal property of the victim
shall be returned. Contrabands and possessions of the criminal that were
used in the crime shall be confiscated. The property confiscated and fine
shall be turned over to the State Treasury, and shall not be misappropriated
or disposed without authorization.
imprisonment or heavier penalty within five years after serving his
sentence of not less than fixed-term imprisonment or receiving a pardon,
he is a recidivist and shall be given a heavier punishment. However, this
shall not apply to cases of negligent crime.
paragraph shall be counted from the date the parole expires.
state's security at any time after serving his sentence or receiving a pardon
shall, if he commits another crime of endangering the state's security,
be dealt with as a recidivist.
voluntarily surrenders himself to a judicial organ after committing
a crime, and truthfully confesses his crime. A criminal who conducts
voluntary surrender may be given a lighter or mitigated punishment. Those
whose crimes are relatively minor may be exempted from punishment.
who serves a sentence truthfully confesses his other crimes that is unknown
to a judicial organ, he shall be dealt with as voluntary surrender.
crime, or provides key clues that lead to solve another case or renders other
meritorious service may be given a lighter or mitigated punishment. Those who
renders great meritorious service may be given a mitigated punishment or be
exempted from punishment.
meritorious service shall be given a lighter punishment or be exempted from
punishment.
judgment is pronounced, unless he is sentenced to death or life imprisonment,
his term of punishment shall be decided in such a way that it may
not exceed the total of the terms for all the crimes and must be longer
than the maximum term for any one of the crimes, depending on the
circumstances of each case. However, the term of public surveillance may
not exceed three years, the term of criminal detention may not exceed
one year, and fixed-term imprisonment may not exceed twenty years.
is imposed, the supplementary punishment must still be executed.
punishment has been completely executed it is discovered that before the
judgment was pronounced the criminal committed another crime for
which he was not sentenced, a judgment shall also be rendered for the
newly discovered crime; the punishment to be executed shall be determined
on the basis of the punishments imposed in the former and latter
judgments and according to the provisions of Article 69 of this Law. Any
portion of the term that has already been served shall count towards
fulfilment of the term imposed by the latest judgment.
punishment has been completely executed the criminal again commits a
crime, another judgment shall be rendered for the newly committed
crime; the punishment to be executed shall be decided on the basis of the
punishment that remains to be executed for the former crime and the
punishment imposed for the latter crime and according to the provisions
of Article 69 of this Law.
sentenced to criminal detention or to fixed-term imprisonment of not
more than three years if, according to the circumstances of his crime and
his demonstration of repentance, suspension of the sentence will not
result in further harm to society.
whose sentence has been suspended, the supplementary punishment must
still be executed.
shall be not less than the term originally decided and not more than
one year, but it may not be less than two months.
be not less than the term originally decided and not more than five years,
but it may not be less than one year.
from the date the judgment is made final.
following provisions:
from the city or county where he lives or change in residence.
the probation period for suspension, observed by the public security organ,
and the unit to which he belongs or a basic-level organization shall take
concerted action. If the cases stipulated in Article 77 of this Law do not
occur, the punishment originally decided shall not be executed upon the
expiration of the probation period for suspension, and such a fact shall be
declared in public.
whose sentence has been suspended commits further crime or, is found that he
committed another crime for which he was not sentenced, the suspension shall
be revoked and a judgment shall also be rendered for the newly committed
crime or newly discovered crime, and the punishment to be executed shall be
decided on the basis of the punishment for the former and latter crimes and
according to the provisions of Article 69 of this Law.
or a regulation or relevant provisions concerning supervision and
administration on suspension promulgated by the Department of Public Security
under the State Council during the probation period for suspension, and the
circumstance of such violation is severe, suspension shall be revoked and
punishment originally decided shall be executed.
detention, fixed-term imprisonment or life imprisonment may have his
punishment commuted if he observes the rules of prison conscientiously,
accepts education and reform, and shows true repentance or performs
meritorious service while serving his sentence. Those who perform any of
following great meritorious service shall have punishment commuted:
the prison, and such accusation is verified;
removing serious accident; or
sentenced to public surveillance, criminal detention or fixed-term
imprisonment may not be less than half of the term originally decided; for
those sentenced to life imprisonment, it may not be less than ten years.
in the form of the proposal document concerning commutation of punishment
by the executing organ towards an intermediate people's court or a people's
court at higher level. The people's courts shall form a collegial panel to
hold a trial, and decide commutation of punishment for those who show true
repentance or have fact of performing meritorious service. No commutation
shall be decided unless by a legal procedure.
from a life imprisonment shall be counted from the date the order of
commutation is issued.
have served more than half of the term of their original sentence or
criminals sentenced to life imprisonment who have served not less than
ten years of their term may be granted parole if they observe rules of
prison conscientiously, accept education and reform, and show true repentance,
and will no longer cause harm to society after parole. If special
circumstances exist, and upon approval of the Supreme People's Court,
the above restrictions relating to the term served may be disregarded.
than ten years or life imprisonment for violent crimes such as committing
homicide, causing explosion, robbery, rape and kidnapping shall not be
granted parole.
procedure stipulated in Article 79 of this Law. No parole shall be granted
unless by a legal procedure.
imprisonment shall be equal to the portion of the term that has not
been completed; the probation period for parole in the case of life
imprisonment shall be ten years.
criminal is released on parole.
provisions:
supervising organs;
supervising organs; and
departure from the city or county where he lives or change in residence.
supervision by a public security organ during the probation period for
parole. If the circumstance stipulated in Article 86 of this Law does not
occur, the punishment to which he was originally sentenced shall be considered
to have been completely executed upon the expiration of the probation period
for parole; and such a fact shall be declared in public.
during the probation period for parole, the parole shall be revoked and
combined punishment for several crimes shall be decided according to Article
71 of this Law.
parole is found that before the judgment was announced he committed another
crime for which he was not sentenced, parole shall be revoked and combined
punishment for several crimes shall be decided according to Article 70 of
this Law.
administrative regulation, or a stipulation on supervision and administration
concerning parole promulgated by the Department of Public Security under
the State Council during the probation period for parole, and such an act
does not constitute a further crime, parole shall be revoked according
to the legal procedure, and the criminal shall be sent to prison for the
execution of the unexecuted punishment.
have elapsed:
imprisonment of less than five years;
imprisonment of not less than five years but less than ten years;
imprisonment of not less than ten years; and
imprisonment or death. If after twenty years it is considered that a crime
must be prosecuted, the matter must be submitted to the Supreme People's
Procuratorate for approval.
imposed with respect to criminals who escape from investigation or trial
after a people's procuratorate or public security organ or state security
organ places the case on file and conducts investigation, or a people's
court handles the case.
puts forward accusation during a limitation period for prosecution, and a
people's court or people's procuratorate or public security organ shall place
the case on file but fails to do so.
from the date of the crime; if the criminal act is of a continual or
continuous nature, it shall be counted from the date the criminal act is
terminated.
the limitation period for prosecution of the former crime shall be
counted from the date the latter crime is committed.
Chapter V Other Provisions
applied in national autonomous areas, the people's congresses of those
autonomous regions or the provinces concerned may formulate adoptive or
supplementary provisions based on the political, economic and cultural
characteristics of the local nationalities and the basic principles stipulated
in this Law, and these provisions shall go into effect after they have been
submitted to and approved by the Standing Committee of the National
People's Congress.
following:
of which are used for helping the poor or for other causes of public welfare.
? Private property that is being managed, used or transported by the state
organs, state-owned companies or enterprises, collective-owned enterprises
and people's organizations shall be treated as public property.
refers to the following:
of livelihood;
according to law;
and
according to law.
personnel of state organs who are engaged in public service according to law.
people's organizations who are engaged in public service and personnel
who are appointed and sent by state organs, state-owned companies or
enterprises or institutions to non-state-owned companies or enterprises or
institutions or mass organizations to carry out public service, and other
personnel who are engaged in public service according to law, shall be treated
as state functionaries.
staff who have the functions of investigation, prosecution, adjudication
and supervision and management.
of the following:
disfigurement;
function of any other organ; and
Law refers to violation of laws and decisions enacted by the National
People's Congress and its Standing Committee, and of administrative
regulations enacted by the State Council or administrative measures adopted
by the State Council or decisions and orders issued by the State Council.
who has the role of organizing, planning or directing a criminal group
or a crowd assembled to commit a crime.
Law means that a case shall only be handled if the victim brings a
complaint. If the victim is unable to bring a complaint because of coercion
or intimidation, a people's procuratorate or a close relative of the victim
may bring his complaint.
in this Law all include the given figure.
joining the army or getting a job, report truthfully that he was ever given a
criminal punishment to relevant units, and shall not conceal the fact.
laws with provisions for criminal punishments, unless otherwise provided in
other laws.
Chapter I Crimes of Endangering the State Security
the sovereignty, territorial integrity and security of the People's Republic
of China shall be sentenced to life imprisonment or fixed-term imprisonment of
not less than ten years.
China and commits the crime stipulated in the preceding paragraph shall be
punished according to the provisions of the preceding paragraph.
dismembering the state and undermining the unification of the state and
those whose crimes are severe shall be sentenced to life imprisonment or
fixed-term imprisonment of not less than ten years. Active participants
shall be sentenced to fixed-term imprisonment of not less than three years and
not more than ten years. Other participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.
the state shall be sentenced to fixed-term imprisonment of not more than
five years, criminal detention, public surveillance or deprivation of
political rights. Ringleaders or those whose crimes are severe shall be
sentenced to fixed-term imprisonment of not less than five years.
rebellion or armed riot and those whose crimes are severe shall be sentenced
to life imprisonment or fixed-term imprisonment of not less than ten years.
Active participants shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years. Other participants
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political rights.
member of the armed forces, the people's police or the people's militia to
conduct armed rebellion or armed riot shall be given a heavier punishment
according to the provisions of the preceding paragraph.
the state's political power and overthrowing the socialist system and those
whose crimes are severe shall be sentenced to life imprisonment or fixed-term
imprisonment of not less than ten years. Active participants shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than ten years. Other participants shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights.
the socialist system through starting a rumour or slander or by other means
shall be sentenced to fixed-term imprisonment of not more than five years,
criminal detention, public surveillance or deprivation of political rights.
Ringleaders or those whose crimes are severe shall be sentenced to fixed-term
imprisonment of not less than five years.
outside China and carries out any crime stipulated in the provisions of
Article 103, Article 104 or Article 105 in this Chapter shall be given a
heavier punishment according to the provisions of relevant Article.
or organization or individual within or outside China shall, if the agency or
organization or individual subsidizes an organization or individual within
China in carrying out a crime stipulated in Article 102, Article 103, Article
104 or Article 105 in this Chapter, be sentenced to fixed-term imprisonment of
not more than five years, criminal detention, public surveillance or
deprivation of political rights; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years.
sentenced to fixed-term imprisonment of not less three years and not more
than ten years; if the circumstances are serious or the case concerns the
leading of members of the armed forces, the people's police or the people's
militia to defect to the enemy and turn traitor, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment.
leaves his post and flees the country and turns traitor, or flees and turns
traitor outside China, and endangers the state's security of the People's
Republic of China, shall be sentenced to fixed-term imprisonment of not more
than five years, criminal detention, public surveillance or deprivation of
political rights; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years.
stipulated in the preceding paragraph shall be given a heavier punishment
according to the provisions of the preceding paragraph.
and endangers the state's security shall be sentenced to fixed-term
imprisonment or life imprisonment; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years:
organization and its agent; and
secrets or intelligence for an agency or organization or people outside China
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years; if the circumstances are especially serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment; if the circumstances are relatively minor,
the offender shall be sentenced to fixed-term imprisonment of not more than
five years, criminal detention, public surveillance or deprivation of
political rights.
the enemy during wartime shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years.
above in this Chapter, except those mentioned in the second paragraph of
Articles 103, Article 105, Article 107 and Article 109, causes especially
serious harm to the state and the people and the circumstances are especially
flagrant, the death penalty may be imposed.
concurrently be sentenced to confiscation of property.
Chapter II Crimes of Endangering Public Security
spreads poisons or uses other dangerous means to sabotage factories, mines,
oilfields, harbours, rivers, water sources, warehouses, dwellings, forests,
farms, threshing grounds, pastures, important pipelines, public buildings or
other public or private property and thereby endangers public security, if
serious consequences have not yet resulted, shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
spreads poisons or uses other dangerous techniques resulting in serious
human injury or death or great loss of public or private property shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death.
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention.
aircraft in a manner that is sufficient to put trains, motor vehicles, trams,
ships or aircraft in danger of overturning or being destroyed, if serious
consequences have not yet resulted, shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
airports, waterways, lighthouses or signs or conducts other damaging
activities in a manner that is sufficient to put trains, motor vehicles,
trams, ships or aircraft in danger of overturning or being destroyed, if
serious consequences have not yet resulted, shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
inflammable or explosive equipment and thereby endangers public security,
if serious consequences have not yet resulted, shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years.
facilities, electric power facilities, gas facilities, or inflammable or
explosive equipment and thereby causes serious consequences shall be sentenced
to fixed-term imprisonment of not less than ten years, life imprisonment or
death.
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention.
terroristic organization shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years. Other participants
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.
concurrently commits homicide, causing explosion, kidnapping or other crimes
shall be punished according to the provisions of combined punishment for
several crimes.
intimidation or in any other manner shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment. Any hijacker
who causes serious bodily injury to or death of any other person, or serious
damage to the aircraft, shall be sentenced to death.
violence, intimidation or in any other manner shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years; If
serious consequences have been caused, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment.
flight and endangers the safety of flight, if serious consequences have not
yet resulted, shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention; the offender who causes serious consequences
shall be sentenced to fixed-term imprisonment of not less than five years.
public telecommunications facilities and thereby endangers public
security shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; if serious consequences have
resulted, the offender shall be sentenced to fixed-term imprisonment of
not less than seven years.
paragraph shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
posts or stores guns, ammunition or explosives shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years; If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment or death.
punished according to provisions of the preceding paragraph.
shall be sentenced to a fine, and concurrently persons directly in charge
and other persons directly responsible for the crime of the unit shall be
punished according to the provisions of the first paragraph.
which is designated or defined according to law violates regulations on
management of guns and commits any of the following acts, it shall be
sentenced to a fine, and concurrently persons directly in charge and
other persons directly responsible for the crimes shall be sentenced
to fixed-term imprisonment of not more than five years; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years;
if the circumstances are especially serious, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years or life imprisonment:
according to the limit for the purpose of illegal sale;
for the purpose of illegal sale; and
explosives shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years; if the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death.
the guns, ammunition or explosives of state organs, members of the armed
forces, the police or the people's militia shall be sentenced to fixed-term
imprisonment of not less than ten years, life imprisonment or death.
holds illegally or keeps in secret guns or ammunition shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than seven years.
illegally leases or lends his gun, he shall be punished according to the
provisions of the preceding paragraph.
lends his gun and causes serious consequences, he shall be punished according
to the provisions of the first paragraph.
paragraph shall be sentenced to a fine, and concurrently persons directly in
charge and persons directly responsible for the crime shall be punished
according to the provisions of the first paragraph.
his gun and fails to report and thereby causes serious consequences, he shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
control or explosive, inflammable, radioactive, poisonous or corrosive
materials, and enters into public places or public transportation means, and
endangers public security with serious circumstances, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance.
causes a serious flight accident resulting in serious consequences, he shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if crash of an aircraft or injury or death has resulted,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
the rules and regulations and thereby causes a railway transportation accident
resulting in serious consequences, he shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if especially
serious consequences have resulted, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years.
or transportation and thereby causes a serious accident resulting in serious
bodily injury or death or serious losses to public or private property,
he shall be sentenced to fixed-term imprisonment of not more than three years
or criminal detention; if the offender flees after causing a communication or
transportation accident or has other especially flagrant circumstances,
he shall be sentenced to fixed-term imprisonment of not less than three years
and not more than seven years; if his fleeing causes another person's death,
he shall be sentenced to fixed-term imprisonment of not less than seven years.
centre, construction enterprise or other enterprise or institution disobeys
management and violates the rules and regulations or forces workers to
work in a hazardous way in violation of the rules and thereby causes a
serious accident involving injury or death or other serious consequences, he
shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the circumstances are especially flagrant, he shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than seven years.
or other enterprise or institution whose labour safety facilities do not
conform to the state's stipulations fails to take measures to hidden peril of
the accident after relevant departments, or staff members or workers of
relevant units put forward a demand, and thereby causes a serious accident
involving injury or death or other serious consequences, persons directly in
charge shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention; if the circumstances are especially flagrant, he
shall be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years.
explosive, inflammable, radioactive, poisonous or corrosive materials and
thereby causes a serious accident during the production, storage,
transportation or use of those materials, and serious consequences result, he
shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention; if the consequences are especially serious, he shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than seven years.
supervision unit violates the state's stipulations and lowers the project's
quality standard and thereby causes a serious accident, persons directly
responsible for it shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently to a fine; if the
consequences are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years, and
concurrently to a fine.
education or schooling are in danger but no measures are taken or no reports
are conducted in time thereby causing a serious accident involving injury or
death, persons directly responsible for it shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention; if the
circumstances are especially serious, he shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
and refuses to take remedy measures after a fire control supervision organ
told him or it to do so, and thereby causes serious consequences, persons
directly responsible for them shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention; if the consequences are
especially serious, he shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years.
Chapter III Crimes of Undermining the Socialist Market Economic Order
into a product, or passes a fake product off as a genuine one, or passes a
defective product off as a high-quality one, or passes a substandard product
off as a standard one, if the sum obtained through sale amounts to not less
than 50,000 yuan but less than 200,000 yuan, the offender shall be sentenced
to fixed-term imprisonment of not more than two years or criminal detention,
and concurrently or independently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of that. If the
sum obtained through sale amounts to not less than 200,000 yuan but less
than 500,000 yuan, the offender shall be sentenced to fixed-term imprisonment
of not less than two years and not more than seven years, and concurrently
be sentenced to a fine of not less than half of the sum obtained through sale
and not more than twice of that. If the sum obtained through sale amounts to
not less than 500,000 yuan but less than 2,000,000 yuan, the offender shall be
sentenced to fixed-term imprisonment of not less than seven years, and
concurrently be sentenced to a fine of not less than half of the sum obtained
through sale and not more than twice of that. If the sum obtained through sale
amounts to not less than 2,000,000 yuan, the offender shall be sentenced to
fixed-term imprisonment of fifteen years or life imprisonment, and
concurrently be sentenced to a fine of not less than half of the sum obtained
through sale and not more than twice of that or confiscation of property.
sufficient to cause serious harm to human health shall be sentenced to
fixed-term imprisonment of not more three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of that; if the offence
causes serious harm to human health, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine of not less than half of the
sum obtained through sale and not more than twice of that; if the offence
causes death of a person or any other especially serious harm to human health,
the offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death, and concurrently be sentenced to a fine
of not less than half of the sum obtained through sale and not more than twice
of that or confiscation of property.
non-medical substance to be categorized as or handled as fake medicine in
accordance with the provisions of the Pharmaceutical Administration Law of the
People's Republic of China.
causes serious harm to human health shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than half of the sum obtained
through sale and not more than twice of that. If the consequences are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years or life imprisonment, and concurrently be sentenced
to a fine of not less than half of the sum obtained through sale and not more
than twice of that or confiscation of property.
medicine to be categorized as a medicine of inferior quality in accordance
with the provisions of the Pharmaceutical Administration Law of the People's
Republic of China.
hygiene standards in a manner that is sufficient to cause a serious
food-poisoning accident or any serious disease caused by food-borne bacteria
shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a fine
of not less than half of the sum obtained through sale and not more than twice
of that. If the offence causes serious harm to human health, the offender
shall be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine of not less
than half of the sum obtained through sale and not more than twice of that. If
the consequences are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years or life imprisonment, and
concurrently be sentenced to a fine of not less than half of the sum obtained
through sale and not more than twice of that or confiscation of property.
harmful non-food stuffs, or sells the food mixed with toxic or harmful
non-food stuffs that he knows clearly, shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than half
of the sum obtained through sale and not more than twice of that sum. If the
offence causes a serious food-poisoning accident or any serious disease caused
by food-borne bacteria, thus seriously harming human health, the offender
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years, and concurrently be sentenced to a fine of not less
than half of the sum obtained through sale and not more than twice of the sum.
If the offence causes death to a person or especially serious harm to human
health, the offender shall be punished according to the provisions of Article
141 of this Law.
materials that do not conform to the national or trade standards safeguarding
human health, or sells such appliances or materials while clearly knowing
their inconformity to the national or trade standards safeguarding human
health, and thereby causes serious harm to human health, shall be sentenced to
fixed-term imprisonment of not more than five years, and concurrently be
sentenced to a fine of not less than half of the sum obtained through sale and
not more than twice of the sum. If the consequences are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to a
fine of not less than half of the sum obtained through sale and not more than
twice of the sum; the offender whose circumstances are especially flagrant
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of the sum or
confiscation of property.
explosive or inflammable products or any other products that do not conform
to the national or trade standards safeguarding the safety of person or
property, or sells such products while clearly knowing their inconformity
to the national or trade standards safeguarding the safety of person or
property, thereby causing serious consequences, shall be sentenced to
fixed-term imprisonment of not more than five years, and concurrently be
sentenced to a fine of not less than half of the sum obtained through sale and
not more than twice of the sum. If the consequences are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
five years, and concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of the sum.
or fake chemical fertilizers, or sells pesticides, animal pharmaceuticals,
chemical fertilizers or seeds while clearly knowing that such products are
fake or no longer effective, or any producer or seller passes substandard
pesticides, animal pharmaceuticals, chemical fertilizers or seeds off as those
up to standard and thereby causes considerable losses to production, shall be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine of not
less than half of the sum obtained through sale and not more than twice of the
sum. If the offence causes serious losses to production, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than seven years, and concurrently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of the sum. If
the offence causes especially serious losses to production, the offender shall
be sentenced to fixed-term imprisonment of not less than seven years or life
imprisonment, and concurrently be sentenced to a fine of not less than half of
the sum obtained through sale and not more than twice of the sum or
confiscation of property.
standards or sells such products while clearly knowing their inconformity to
hygiene standards and thereby causes serious consequences shall be sentenced
to fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine of not less than
half of the sum obtained through sale and not more than twice of the sum.
Article 141 to Article 148 of this Section and does not yet constitute
a crime mentioned in any of the Articles, and with the sum obtained through
sale amounting to 50,000 yuan, shall be decided a crime and given a punishment
according to the provisions of Article 140 of this Section.
Article 148 of this Section and constitutes a crime mentioned in one of the
Articles, and in the meantime also constitutes a crime mentioned in Article
140 of this Section, shall be decided a crime and given a punishment according
to the Article with a heavier punishment.
Article 148 of this Section, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly responsible for the
crime shall be punished according to the provisions of a relevant Article.
or counterfeit currency shall be sentenced to fixed-term imprisonment of
not less than seven years, and concurrently be sentenced to a fine or
confiscation of property. If the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be sentenced to a fine.
forbidden by the state from being exported, or precious and rare species of
wildlife forbidden by the state from being imported and exported as well as
the products thereof, shall be sentenced to fixed-term imprisonment of not
less than five years, and concurrently be sentenced to a fine. If the
circumstances are relatively minor, the offender shall be sentenced to
fixed-term imprisonment of not more than five years, and concurrently be
sentenced to a fine.
state from being imported and exported and the products thereof shall be
sentenced to fixed-term imprisonment of not more than five years, and
concurrently or independently be sentenced to a fine. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than five years, and concurrently be sentenced to a fine.
the circumstances are especially serious, shall be sentenced to life
imprisonment or death, and concurrently be sentenced to confiscation of
property.
sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be punished according to the provisions of the
relevant paragraph of this Article.
smuggles pornographic movies, videotapes, magnetic tapes, pictures,
publications or other pornographic articles shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and
concurrently be sentenced to a fine. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and concurrently be sentenced to a fine or
confiscation of property. If the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and concurrently be
sentenced to a fine.
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to
the provisions of the preceding paragraph.
151, Article 152, Article 347 shall be punished according to the following
provisions in the light of the seriousness of the circumstances:
amounts to not less than 500,000 yuan shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and concurrently
be sentenced to a fine of not less than the tax payable and not more than
five times of the sum or confiscation of property. If the circumstances are
especially serious, the offender shall be punished according to the provisions
of the fourth paragraph of Article 151 of this Law.
amounts to not less than 150,000 yuan and not more than 500,000 yuan shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years, and concurrently be sentenced to a fine of not less than
the tax payable and not more than five times of the sum. If the circumstances
are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and concurrently
be sentenced to a fine of not less than the tax payable and not more than
five times of the sum or confiscation of property.
amounts to not less than 50,000 yuan and not more than 150,000 yuan shall be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently be sentenced to a fine of not less than the
tax payable and not more than five times of the sum.
unit shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
If the circumstances are especially serious, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years.
according to the accumulated tax payable of the smuggled goods and articles.
constitutes a crime according to the provisions of this Section shall be
decided a crime and punished according to the provisions of Article 153
of this Law:
customs duties, selling for profits without authorization, within the
territory of China, authorized imported bonded goods such as materials
supplied by foreign clients for processing, parts supplied by them for
assembly or raw or processed materials, parts, finished products or equipment
for compensation trade; or
customs duties, selling for profits without authorization, within the
territory of China, imported goods and articles specially designated for the
reduction of or exemption from duties.
to have committed the crime of smuggling and shall be punished according to
the provisions of this Section:
the state from being imported or directly and illegally purchasing from
smugglers other smuggled imported goods and articles, involving relatively
large quantities or values; or
waters articles forbidden by the state from being imported or exported or
goods and articles subject to state restrictions on import and export,
involving relatively large quantities and values and without legal
certifications; or
transporting the solid waste from abroad into China.
offering them loans, funds, account numbers, invoices or certificates, or by
providing them with such conveniences as transportation, storage or mailing,
shall be deemed as an accomplice in the crime of smuggling and punished
as such.
heavier punishment according to the provisions of the first and fourth
paragraphs of Article 151 of this Law.
smugglers or smuggled goods shall be punished for crimes of smuggling and of
preventing state personnel from carrying out their functions according to
law as stipulated in Article 277 of this Law and in accordance with the
provisions regarding the combined punishment for several crimes.
Enterprises
company, reports falsely registered capital by using false documents of
certificate or in other method of swindling, deceives the authorities in
charge of registration of company, and goes through the procedures of
registration shall, if the amount of registered capital reported falsely is
huge or consequences are serious or other serious circumstances exist, be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine of not
less than 1% of the sum of registered capital reported falsely and not more
than 5% of the sum.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
provisions of the Company Law and invests falsely in the method of not
delivering currency, material objects, or not transferring property rights, or
draws back the capital after a company is established shall, if the amount
involved is huge or consequences are serious or other serious circumstances
exist, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be sentenced to a fine
of not less than 2% of the sum of the capital provided falsely or drawn back
and not more than 10% of the sum.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
false contents in the prospectuses on share offer, documents of subscription
for shares or measures on raising bonds for a company or enterprise, and
issues shares or bonds for a company or enterprise shall, if the amount
involved is huge, or consequences are serious or other serious circumstances
exist, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be sentenced to a fine
of not less than 1% of the sum of the fund raised illegally and not more than
5% of the sum.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
with false financial and accounting statements or financial and accounting
statements in which it conceals important facts, persons directly in charge
and other persons directly responsible for the crime of the company shall, if
interests of shareholders or other persons are seriously harmed, be sentenced
to fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine of not less than
20,000 yuan and not more than 200,000 yuan.
hides property, records falsely in the balance sheet or detailed list of
property or, distributes property of the company or enterprise before payment
of debts, persons directly in charge and other persons directly responsible
for the crime shall, if interests of creditors or other persons are seriously
harmed, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently or independently be sentenced to a fine
of not less than 20,000 yuan and not more than 200,000 yuan.
it is 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 paragraph.
takes advantage of his office to extort or accept illegally property from
others and makes profits for others shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more than
five years or criminal detention. If the amount involved is huge, the offender
shall be sentenced to fixed-term imprisonment of not less than five years, and
may concurrently be sentenced to confiscation of property.
economic activities, accepts whatever kind of rebate or commission in
violation of the state's stipulations, and takes possession of it, shall be
punished according to the provisions of the preceding paragraph.
public service and personnel who is appointed and sent by a state-owned
company or enterprise to a non-state-owned company or enterprise to carry out
public service conducts an act mentioned in the preceding two paragraphs, he
shall be decided a crime and punished according to the provisions of Article
385 or Article 386 of this Law.
enterprise in order to make illegal profits shall, if the amount involved
is relatively huge, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention. If the amount involved is huge, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced to
a fine.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
be given a mitigated punishment or be exempted from punishment.
or enterprise takes advantage of his office to make business which
is the same as that of the company or enterprise in which he takes
office for himself or for others, and obtains illegally interests shall, if
the amount involved is huge, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention, and concurrently or
independently be sentenced to a fine. If the amount involved is especially
huge, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years, and concurrently be
sentenced to a fine.
or institution takes advantage of his office to commit any of the following
acts shall, if a heavy loss of state's interests is caused, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine. If a especially
heavy loss of the state's interests is caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a fine:
his unit;
price from the units run or managed by his relatives and friends or selling
goods at a price which is obviously lower than the market price to the units
run or managed by his relatives and friends; or
relatives and friends.
company, enterprise or institution, in the course of signing or fulfiling
contracts, is defrauded because of serious neglect of duty, and causes
the interests of the state to suffer a heavy loss shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
If he causes the interests of the state to suffer a especially heavy loss,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
because of seriously neglecting his duties or abusing his powers, causes
bankruptcy or heavy losses to the company or enterprise, and results in
heavy losses of the interests of the state, he shall be sentenced to
fixed-term imprisonment of not more than three years or criminal
detention: if resulting in especially heavy losses of the interests of the
state, he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years.
company or enterprise or its competent authorities at higher level engages in
malpractice for the benefit of his friends, converts the state-owned assets
into shares at a low price or sells them at a low price, and causes the
interests of the state to suffer a heavy loss, shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
If he causes the interests of the state to suffer a especially heavy loss,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine of not less than 50,000 yuan
and not more than 500,000 yuan. Any of the following categories of persons
shall be sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death, and concurrently be sentenced to a fine of not
less less than 50,000 yuan and not more than 500,000 yuan or confiscation
of property:
transports knowingly counterfeited currency shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently be sentenced to a fine of
not less than 20,000 yuan and not more than 200,000 yuan. If the amount
involved is huge, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not more than 500,000
yuan. If the amount involved is especially huge, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property.
counterfeited currency or takes advantage of his position to exchange currency
with counterfeited currency shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than 200,000
yuan. If the amount involved is especially huge or there are other serious
circumstances, the offender shall be sentenced to fixed-term imprisonment of
not less than ten years or life imprisonment, and concurrently be sentenced to
a fine of not less than 20,000 yuan and not more than 200,000 yuan or
confiscation of property. If the circumstances are relatively minor, the
offender shall be sentenced to fixed-term imprisonment of not more than three
years or criminal detention, and concurrently or independently be sentenced to
a fine of not less than 10,000 yuan and not more than 100,000 yuan.
currency shall be decided a crime and given a heavier punishment according to
the provisions of Article 170 of this Law.
if the amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than 10,000
yuan and not more than 100,000 yuan. If the amount involved is huge, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently sentenced to a fine of
not less than 20,000 yuan and not more than 200,000 yuan. If the amount
involved is especially huge, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years, and concurrently be sentenced to a
fine of not less than 50,000 yuan and not more than 500,000 yuan or
confiscation of property.
relatively huge, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or independently be
sentenced to a fine of not less than 10,000 yuan and not more than 100,000
yuan. If the amount involved is huge, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine of not less than 20,000 yuan
and not more than 200,000 yuan.
futures exchanges, securities companies, futures brokering companies,
insurance companies or any other financial departments without the approval
of the relevant state departments in charge, he shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention
and shall impose, or shall impose only, a fine of not less than 20,000 yuan
but not more than 200,000 yuan;
institution and transfers it to another person in high interest for the
purpose of making profits through transferring a loan shall, if the amount of
unlawful earnings is relatively huge, be sentenced to fixed-term imprisonment
of not more than three years or criminal detention, and concurrently be
sentenced to a fine of not less than the unlawful earnings and not more than
five times of the sum. If the amount of unlawful earnings is huge, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be sentenced to a fine
of not less than the unlawful earnings and not more than five times of the sum.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
public or absorbs savings deposits from the general public in disguised form
and thereby disturbs the financial order shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan. If the amount involved is huge or there
are other serious circumstances, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not more
than 500,000 yuan.
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to
the provisions of the preceding paragraph.
alters financial documents shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently or
independently be sentenced to a fine of not less than 20,000 yuan and not more
than 200,000 yuan. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years or life imprisonment, and concurrently be sentenced
to a fine of not less than 50,000 yuan and not more than 500,000 yuan or
confiscation of property:
checks;
commission collection receipts, remittance receipts and bank deposit receipts;
documents; or
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
issued by the state shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the amount involved
is huge, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not more than 500,000
yuan. If the amount involved is especially huge, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of property.
enterprise shall, if the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine of not less than
10,000 yuan and not more than 100,000 yuan. If the amount involved is huge,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced to a
fine of not less than 20,000 yuan and not more than 200,000 yuan.
unit shall be sentenced to a fine, and the persons directly in charge and
other persons directly responsible for the crime shall be punished according
to the provisions of the preceding two paragraphs.
authorities, issues stocks or bonds of a company or an enterprise shall, if
the amount involved is huge or the consequences are serious or other serious
circumstances exist, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently or independently
be sentenced to a fine of not less than 1% of the capital collected illegally
and not more than 5% of the sum.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not less than five years or criminal detention.
affecting stock exchange or futures trading, and disrupts the stock
exchange market and futures exchange market he shall, if the consequences
are serious, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention and shall also, or shall only, be fined not
less than 10,000 yuan but not more than 100,000 yuan .
stock, futures business prices in order to obtain illegitimate profits or
transfer risks shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or criminal detention
and shall also, or shall only, be fined not less than one time but not more
than five times the illegal gains:
(1) Centralizing capital superiority and holding stock or holding the superiority of stock or taking advantage of stock to buy or
sell jointly or continuously, and to milk securities and trading prices of futures by individual or joint plot;
(2) Conducting the trade of securities and futures each other by initially stipulated time, price and method, or buying or selling
the securities unowned and affecting the prices of securities and futures or the amount ?of the trade of securities and futures;
(3) Affecting stock or futures prices or the amount of stock or futures transactions by taking himself as the counterpart of transaction
and trading in stocks with himself without transferring ownership of the stock ?, or taking himself as the counterpart of transaction
and buying or selling his own futures contracts;
(4) Rigging stock or futures prices by any other means.
advantage of his duty's convenience to draw up intentionally an insurance
accident which never happens and to give an adjustment in order to defraud
the insurance money and take possession of it, shall be decided a crime and
punished according to the provisions of Article 271 of this Law.
persons who are appointed and sent by an state-owned insurance company to a
non-state-owned insurance company to perform public service conducts any of
the acts mentioned in the preceding paragraph, shall be decided a crime and
punished according to the provisions of Article 382 or Article 383 of this
Law.
institution, in the course of the financial business activities, extorts or
accepts illegally another person' property and seeks profits for another
person, or violates the state's stipulations and accepts whatever kind of
rebate or commission and takes possession of it, shall be decided a crime and
punished according to the provisions of Article 163 of this Law.
the persons who are appointed and sent by a state-owned financial institution
to a non-state-owned financial institution to perform public service commits
any of the acts mentioned in the preceding paragraph, shall be decided a
crime and punished according to the provisions of Article 385 or Article 386
of this Law.
exchanges, securities companies, futures brokering companies, insurance
companies or any other financial institutions taking advantage of his
position, and misappropriating money belonging to the unit to which he
belongs or any client shall be convicted and punished according to the
provisions of Article 272 of this Law.
institution violates the stipulations of a law or an administrative regulation
and issues a credit loan or a guaranteed loan to his parties with more
favorable conditions than to other borrowers for the same kind of loans shall,
if a relatively huge loss is caused, be sentenced to fixed-term imprisonment
of not more than five years or criminal detention, and concurrently be
sentenced to a fine of not less than 10,000 yuan and not more than 100,000
yuan. If a major loss is caused, the offender shall be sentenced to
fixed-term imprisonment of not less than five years, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than 200,000
yuan.
the stipulations of a law or an administrative regulation and issues a
loan to another person than his parties shall, if a major loss is caused, be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine of not less than 10,000
yuan and not more than 100,000 yuan. If an especially major loss is caused,
the offender shall be sentenced to fixed-term imprisonment of not less than
five years, and concurrently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan.
unit shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to
the provisions of the preceding two paragraphs.
of the People's Republic of China and relevant financial regulations.
institution, for the purpose of making profits and by the means of
absorbing the funds of clients without entering into the account books, uses
the funds for lending or issuing loans shall, if a major loss is caused, be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention, and concurrently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan. If an especially major loss is caused,
the offender shall be sentenced to fixed-term imprisonment of not less than
five years, and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
institution violates stipulations and offers others a letter of credit or
other certificates of guarantee, negotiable instruments, certificates of
deposit or certificates of credit status shall, if a relatively huge loss is
caused, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If a major loss is caused, the offender shall be sentenced
to fixed-term imprisonment of not less than five years.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
institution, in the course of business activities of negotiable instruments,
accepts, pays for or guarantees the negotiable instruments that do not
conform to the Negotiable Instruments Law shall, if a major loss is caused,
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention. If an especially major loss is caused, the offender shall
be sentenced to fixed-term imprisonment of not less than five years.
shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
who violates the state's stipulations and deposits foreign exchange outside
China without authorization or illegally transfers foreign exchange from China
to the outside shall, if the circumstances are serious, be sentenced to a
fine, and persons directly in charge and other persons directly responsible
for the crime shall be concurrently sentenced to fixed-term imprisonment of
not more than five years or criminal detention.
that the money is unlawful earnings and their profits obtained from
drug-related crimes, crimes committed by groups in the nature of criminal
syndicates or crimes of smuggling, and for the purpose of covering up or
concealing its source and nature shall, with the unlawful earnings obtained
from the crimes above-mentioned and their profits confiscated, be sentenced to
fixed-term imprisonment of not more than five years, and concurrently or
independently be sentenced to a fine of not less than 5% of the sum of money
laundered and not more than 20% of the sum. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to a
fine of not less than 5% of the sum of money laundered and not more than 20%
of the sum:
? (3) assisting in transferring funds by means of transferring accounts
or other means of settling accounts;
unlawful earnings from crimes and profits thereof.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
for the purpose of illegal possession shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more than
five years or criminal detention, and concurrently be sentenced to a fine of
not less than 20,000 yuan and not more than 200,000 yuan. If the amount
involved is huge or other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan. If the amount involved is
especially huge or other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property.
purpose of illegal possession, swindles a loan of a bank or other financial
institution shall, if the amount involved is relatively huge, be sentenced
to fixed-term imprisonment of not more than five years or criminal detention,
and concurrently be sentenced to a fine of not less than 20,000 yuan and not
more than 200,000 yuan. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not more
than 500,000 yuan. If the amount involved is especially huge or other
especially serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not more
than 500,000 yuan or confiscation of property:
projects;
repeatedly by exceeding the value of security; or
swindling activities of financial bills shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the amount involved
is huge or other serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and not more than
ten years, and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved is especially huge
or other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of property:
exchange or checks;
or checks;
checks as their own;
inconsistent with their reserved ones to defraud property; or
promissory bills or notes of exchange without security of funds or produce a
false record on the bills or notes to defraud property.
commission collection receipts, remittance receipts and bank deposit receipts
shall be punished according to the provisions of the preceding paragraph.
swindling activities of letters of credit shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently be sentenced to a fine of not less than 20,000 yuan and not
more than 200,000 yuan. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years,
and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved
is especially huge or other especially serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and concurrently be sentenced to a fine of
not less than 50,000 yuan and not more than 500,000 yuan or confiscation of
property:
notes or documents;
other means.
swindling activities of credit cards shall, if the amount involved is
relatively huge, be sentenced to fixed-term imprisonment of not more than five
years or criminal detention, and concurrently be sentenced to a fine of not
less than 20,000 yuan and not more than 200,000 yuan. If the amount involved
is huge or other serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and not more than ten
years, and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan. If the amount involved is especially
huge and other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property:
to an act that a card holder overdraws by exceeding the sum limit or time
limit as prescribed for the purpose of illegal possession and fails to return
the money after the bank which issued the card urges him to pay it.
punished according to the provisions of Article 264 of this Law.
securities issued by the state to conduct swindling activities shall, if the
amount involved is relatively huge, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and concurrently be sentenced
to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the
amount involved is huge or other serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years, and concurrently be sentenced to a fine of not less
than 50,000 yuan and not more than 500,000 yuan. If the amount involved is
especially huge or other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan or confiscation of property.
swindling activities of insurance shall, if the amount involved is relatively
huge, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine of not less than
10,000 yuan and not more than 100,000 yuan. If the amount involved is huge or
other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years, and concurrently be sentenced to a fine of not less than 20,000 yuan
and not more than 200,000 yuan. If the amount involved is especially huge and
other especially serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than ten years, and concurrently be
sentenced to a fine of not less than 20,000 yuan and not more than 200,000
yuan or confiscation of property:
object of insurance to defraud the insurance money;
fabricate false reasons for or exaggerate the degree of loss on an insurance
accident which has happened to defraud the insurance money;
fabricate an insurance accident which never happens to defraud the insurance
money;
an insurance accident with property loss to defraud the insurance money; or
cause death, injury, disability or disease of the insurants to defraud the
insurance money.
paragraph which also constitutes another crime shall be punished in accordance
with the provisions regarding combined punishment for several crimes.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. If the amount
involved is huge or other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years. If the amount involved is especially huge or other especially
serious circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years.
who intentionally provides false documents of certification and provides
conditions for others to swindle shall be punished as an accomplice of
insurance swindling.
194 or Article 195 of this Section shall, if the amount involved is especially
huge and an especially heavy loss of the interests of the state and the people
is caused, be sentenced to life imprisonment or death, and concurrently be
sentenced to confiscation of property.
194 or Article 195 of this Section, the unit shall be sentenced to a fine, and
the persons directly in charge and other persons directly responsible for the
crime shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years. If the
amount involved is especially huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not less
than ten years or life imprisonment.
tax payable by means of forging, altering, concealing, or destroying
accounting books or vouchers for the accounts without authorization, or
overstating expenses, or omitting or understating incomes in accounting books,
or refusing to fill a tax declaration after notification by the tax
authorities, or filling a false tax declaration shall, if the amount of tax
evaded accounts for not less than 10% of the amount of tax payable and not
more than 30% of the sum and the amount of tax evaded is not less than 10,000
yuan and not more than 100,000 yuan, or if he commits tax evasion again after
having been twice subjected to administrative sanctions by the tax authorities
for tax evasion, shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently be sentenced to a
fine of not less than the amount of tax evaded and not more than five times
the sum. If the amount of tax evaded accounts for not less than 30% of the
amount of tax payable and the amount of tax evaded is not less than 100,000
yuan, the offender shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years, and concurrently be sentenced
to a fine of not less than the amount of tax evaded and not more than five
times of the sum.
fails to pay, or underpays the tax which has been withheld or collected shall,
if the amount involved accounts for not less than 10% of the amount of tax
payable and is not less than 10,000 yuan, be punished according to the
provisions of the preceding paragraph.
two paragraphs without having been subjected to punishment shall be punished
on the basis of the accumulated amount.
shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently be sentenced to a fine of not less than
the amount of tax he has refused to pay and not more than five times of the
sum. If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years, and concurrently be sentenced to a fine of not less than the amount of
tax he has refused to pay and not more than five times of the sum.
means of transferring or concealing his property, thus resulting in the tax
authorities' inability to pursue the payment of tax in arrears, he shall, if
the amount involved is not less than 10,000 yuan and not more than 100,000
yuan, be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a fine
of not less than the amount of tax in arrears and not more than five times of
the sum. If the amount involved is not less than 100,000 yuan, the offender
shall be sentenced to fixed-term imprisonment of not less than three years and
not more than seven years, and concurrently be sentenced to a fine of not less
than the amount of tax in arrears and not more than five times of the sum.
exports by filling a false export declaration or other deceptive means shall,
if the amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently be sentenced to a fine of not less than the amount of the tax
refund which has been fraudulently obtained and not more than five times of
the sum. If the amount involved is huge or other serious circumstances exist,
the offender shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years, and concurrently be sentenced to
a fine of not less than the amount of the tax refund which has been
fraudulently obtained and not more than five times of the sum. If the amount
involved is especially huge and other especially serious circumstances exist,
the offender shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and concurrently be sentenced to a fine of not
less than the amount of the tax refund which has been fraudulently obtained
and not more than five times of the sum or confiscation of property.
means mentioned in the preceding paragraph shall be decided a crime and
punished according to the provisions of Article 201 of this Law. The part
that the amount of the tax which has been fraudulently obtained exceeds the
tax he has paid shall be handled according to the provisions of the preceding
paragraph.
falsely fills out other kinds of invoices used for obtaining fraudulently tax
refunds on exported items or tax deduction shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently be sentenced to a fine of not less than 20,000 yuan and not more
than 200,000 yuan. If the amount involved in the falsification of the invoices
is relatively huge or other serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years, and concurrently be sentenced to a fine of not less than
50,000 yuan and not more than 500,000 yuan. If the amount involved in the
falsification of the invoices is huge or other especially serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not
more than 500,000 yuan or confiscation of property.
fraudulently tax from the state shall, if the amount involved is especially
huge and the circumstances are especially serious, and if the state has
therefore suffered especially great losses, be sentenced to life imprisonment
or death, and concurrently be sentenced to confiscation of property.
sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If the amount involved in the
falsification of the invoices is relatively huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years. If the
amount involved in the falsification of the invoices is huge or other
especially serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment.
kinds of invoices used for obtaining fraudulently tax refunds on exported
items or tax deduction" refers to any action involving falsely filling out the
invoices for oneself or for any other person, allowing any other person to
falsely fill out the invoices for oneself, or introducing any other person to
the action of falsely filling out the invoices.
counterfeited value-added tax invoices shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan. If the amount involved is relatively huge
or other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine of not less than 50,000 yuan
and not more than 500,000 yuan. If the amount involved is huge or other
especially serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not more
than 500,000 yuan or confiscation of property.
shall, if the amount involved is especially huge, the circumstances are
especially serious and the economic order has been thereby undermined
seriously, be sentenced to life imprisonment or death, and concurrently be
sentenced to confiscation of property.
sentenced to a fine, and persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance. If the
amount involved is relatively huge or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. If the amount involved is huge or other
especially serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment.
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be sentenced to a fine of
not less than 20,000 yuan and not more than 200,000 yuan. If the amount
involved is relatively huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and
concurrently be sentenced to a fine of not less than 50,000 yuan and not more
than 500,000 yuan. If the amount involved is huge, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine of not less than 50,000
yuan and not more than 500,000 yuan or confiscation of property.
purchases counterfeited value-added tax invoices shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine of not less than 20,000
yuan and not more than 200,000 yuan.
counterfeited value-added tax invoices and then falsely fills out or sells
such invoices shall be decided a crime and punished according to the
provisions of Article 205, Article 206 or Article 207 of this Law.
kinds of invoices which may be used for obtaining fraudulently tax refunds on
exported items or tax deduction, or sells such invoices, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance, and concurrently be sentenced to a fine of not less
than 20,000 yuan and not more than 200,000 yuan. If the amount involved is
huge, the offender shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years, and concurrently be sentenced
to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the
amount involved is especially huge, the offender shall be sentenced to
fixed-term imprisonment of not less than seven years, and concurrently be
sentenced to a fine of not less than 50,000 yuan and not more than 500,000
yuan or confiscation of property.
kinds of invoices than those mentioned in the preceding paragraph
or sells such invoices shall be sentenced to fixed-term imprisonment of
not more than two years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine of not less than
10,000 yuan and not more than 50,000 yuan. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
two years and not more than seven years, and concurrently be sentenced to
a fine of not less than 50,000 yuan and not more than 500,000 yuan.
for obtaining fraudulently tax refunds on exported items or tax deduction
shall be punished according to the provisions of the first paragraph.
mentioned in the third paragraph shall be punished according to the provisions
of the second paragraph.
invoices which may be used for obtaining fraudulently tax refunds on exported
items or tax deduction shall be decided a crime and punished according to
the provisions of Article 264 of this Law.
which may be used for obtaining fraudulently tax refunds or tax deduction
through deceptive means shall be decided a crime and punished according
to the provisions of Article 266 of this Law.
203, Article 204, Article 207, Article 208 or Article 209 of this Section, the
unit shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to
the respective provisions of these articles.
Article 205 and is sentenced to a fine or confiscation of property, he shall
be pursued by the tax authorities for the payment of tax or tax refunds which
has been obtained fraudulently before the execution of the punishment
above-mentioned.
registered trademark on the same kind of goods without permission from the
owner of the registered trademark shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a
fine. If the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than seven years, and concurrently be sentenced to a fine.
registered trademarks shall, if the sum obtained through sale is relatively
huge, be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a fine.
If the sum obtained through sale is huge, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years, and concurrently be sentenced to a fine.
of registered trademarks of another person or sells representations of
registered trademarks which are forged or made without authorization
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years, and concurrently be sentenced to a fine.
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or independently be
sentenced to a fine.
upon copyright for the purpose of reaping profits shall, if the amount of
illegal gains is relatively huge or other serious circumstances exist, be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine. If the
amount of illegal gains is huge or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years, and concurrently be
sentenced to a fine:
owner, his written works, musical works, cinematic works, television works,
video works, computer software and other works;
publishing right;
or videogram producer, the phonogram or videogram produced by him; or
another person.
which he well knows are infringing reproductions specified in Article 217
of this Law shall, if the amount of his illegal gains is huge, be sentenced
to fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine.
upon commercial secrets shall, if the offence causes another person who
enjoys the rights of the commercial secrets to suffer heavy losses, be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine. If the
offence causes especially serious consequences, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than seven years, and concurrently be sentenced to a fine:
by stealing, lure, force or other improper means;
? (2) revealing, using or permitting other persons to use the commercial
secrets of another person who enjoys the rights of the secrets by means
specified in the preceding paragraph; or
commercial secrets which are held by him contrary to his promise or to
the demands by the person who enjoys the rights involving protection of the
commercial secrets.
knowing well or oughting to know the acts listed in the preceding paragraph
shall be punished as an act of infringement upon commercial secrets.
technical information and management information which is unknown by the
public, can bring economic profits to the person who enjoys the rights, and
the person who enjoys the rights has taken classified measures.
the owner of a commercial secret or user of a commercial secret who is
permitted by the owner of the commercial secret.
Article 219 of this Section, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly responsible for the
crime shall be punished according to the respective provisions of these
articles.
another person's commercial reputation or merchandise prestige shall, if a
heavy loss of another person is caused or other serious circumstances exist,
be sentenced to fixed-term imprisonment of not more than two years or criminal
detention, and concurrently or independently be sentenced to a fine.
takes advantage of advertisements to conduct false propaganda on merchandise
or service in violation of the state's stipulations shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not
more than two years or criminal detention, and concurrently or independently
be sentenced to a fine.
collaboration to harm the interests of the bid inviter or another bidder
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine.
the legal interests of the state, collective or citizen shall be punished
according to the provisions of the preceding paragraph.
of signing or fulfiling contracts and for the purpose of illegal possession,
obtains fraudulently property of the other party shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention, and concurrently or independently
be sentenced to a fine. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and
concurrently be sentenced to a fine. If the amount involved is especially
huge or other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or confiscation of
property:
certificates of property rights as guarantee;
the other party to go on signing or fulfiling contracts by means of
fulfiling in advance petty contracts or fulfiling partly contracts;
in advance or guaranteed property; or
means.
of the state's stipulations, engages in illegal business activities and
disturbs the market order shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention, and concurrently or independently be sentenced to a fine of not
less than the amount of illegal gains and not more than five times of the sum.
If the circumstances are especially serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years, and concurrently be
sentenced to a fine of not less than the amount of illegal gains and not more
than five times of the sum or confiscation of property:
articles of exclusive sale as prescribed by laws or regulations;
origin certificates or other business licences or approval documents as
prescribed by laws or regulations; or
The original item 3 shall be rearranged as item 4.
order.
goods, or forces others to provide or accept service shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention, and concurrently or independently be
sentenced to a fine.
stamps or other valuable tickets or resells such tickets shall, if the amount
involved is relatively huge, be sentenced to fixed-term imprisonment of not
more than two years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine of not less than the sum
of the tickets and not more than five times of the sum. If the amount involved
is huge, the offender shall be sentenced to fixed-term imprisonment of not
less than two years and not more than seven years, and concurrently be
sentenced to a fine of not less than the sum of the tickets and not more than
five times of the sum.
are serious, be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance, and concurrently or
independently be sentenced to a fine of not less than the sum of the tickets
and not more than five times of the sum.
of laws or regulations on land administration, illegally transfers or resells
rights for land use shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine of not
less than 5% of the sum obtained through transfer or sale of rights for land
use and not more than 20% of the sum. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years, and concurrently be
sentenced to a fine of 5% of the sum obtained through transfer or sale of
rights for land use and not more than 20% of the sum.
duty such as evaluation of assets, examination of assets, examination of
certificates, accounting, auditing, legal service, etc., but provides
intentionally false certificates shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention, and concurrently be sentenced to a fine.
person's property or accepts illegally another person's property and commits
a crime mentioned in the preceding paragraph shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years, and concurrently be sentenced to a fine.
seriously and provides certificates which are seriously inconsistent with the
facts shall, if serious consequences have resulted, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine.
Commodity Inspection, evades commodity inspection and without applying for
inspection markets or uses import commodities which are subject to the
statutory inspection or without applying for inspection and obtaining
certificates of inspection exports commodities which are subject to statutory
inspection shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently or independently be sentenced to a fine.
Article 230 of this Section, the unit shall be sentenced to a fine, and
persons directly in charge and other persons directly responsible for the
crime shall be punished according to the respective provisions of these
articles.
Chapter IV Crimes of Infringing upon the Rights of the Person and the
Democratic Rights of Citizens
to death, life imprisonment or fixed-term imprisonment of not less than ten
years; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than ten years.
shall be sentenced to fixed-term imprisonment of not less than three years
and not more than seven years. If the circumstances are relatively minor,
the offender shall be sentenced to fixed-term imprisonment of not more than
three years. Where this Law has other provisions, such provisions shall
prevail.
person shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance.
causes severe bodily injury to another person shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years. If he
causes a person's death or causes severe bodily injury resulting in severe
deformity to another person by especially cruel means, he shall be sentenced
to fixed-term imprisonment of not less than ten years, life imprisonment or
death. Where this Law has other provisions, such provisions shall prevail.
him severe bodily injury shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. Where this Law has other
provisions, such provisions shall prevail.
shall be sentenced to fixed-term imprisonment of not less than three years
and not more than ten years.
deemed to have committed rape and shall be given a heavier punishment.
relations with a girl shall be sentenced to fixed-term imprisonment of
not less than ten years, life imprisonment or death:
flagrant circumstances;
girls;
other serious consequences.
threat or other means shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention.
in public, commits the crime mentioned in the preceding paragraph shall be
sentenced to fixed-term imprisonment of not less than five years.
punishment according to the provisions of the preceding two paragraphs.
person of his personal freedom shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention, public surveillance or
deprivation of political rights. If circumstances of hitting or insulting
another person exist, the offender shall be given a heavier punishment.
causes severe bodily injure to another person shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years. If he
causes death of another person, he shall be sentenced to fixed-term
imprisonment of not less than ten years. If another person's
deformity or death is caused by violence, the offender shall be decided a
crime and punished according to the provisions of Article 234 or Article 232
of this Law.
distrains or detains another person shall be punished according to the
provisions of the preceding two paragraphs.
commit a crime mentioned in the preceding three paragraphs shall be given a
heavier punishment according to the provisions of the preceding three
paragraphs.
money or kidnaps another person as hostage shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and
concurrently be sentenced to a fine or confiscation of property. If the
offender causes death of the kidnapped person or kills the kidnapped person,
he shall be sentenced to death, and concurrently be sentenced to
confiscation of property.
shall be punished according to the provisions of the preceding paragraph.
be sentenced to fixed-term imprisonment of not less than five years and not
more than ten years, and concurrently be sentenced to a fine. Under any
of the following circumstances, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and concurrently
be sentenced to a fine or confiscation of property. If the circumstances are
especially serious, the offender shall be sentenced to death, and concurrently
be sentenced to confiscation of property:
trafficking in women or children;
engage in prostitution, or selling such woman to any other person or persons
who will force the woman to engage in prostitution;
by means of violence, threat or anaesthesia;
of the woman or child who is abducted and trafficked in or of their relatives;
or
abducting, kidnapping, buying, trafficking in, fetching or sending, or
transferring a woman or a child for the purpose of selling the victim.
trafficked in shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or public surveillance.
relations with her against her will shall be decided a crime and punished
according to the provisions of Article 236 of this Law.
illegally deprives her/him of her/his personal freedom or restricts her/his
personal freedom or commits any criminal act of injuring or insulting shall be
decided a crime and punished according to the relevant provisions of this Law.
commits any criminal act as prescribed in the second or third paragraph shall
be punished according the provisions regarding combined punishment for several
crimes.
sells the victim afterwards shall be decided a crime and punished according
to the provisions of Article 240 of this Law.
in, does not obstruct the woman from returning to her original place of
residence according to her will, or does not maltreat the child nor obstruct
his or her rescue, may be exempted from being investigated for criminal
responsibility.
functionaries from rescuing a woman or a child who has been bought shall be
decided a crime and punished according to the provisions of Article 277 of
this Law.
? Any ringleader who obstructs, by means of gathering a crowd, state
functionaries from rescuing a woman or a child who has been bought shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention. Any other participant who adopts the means of violence
or threat shall be punished according to the provisions of the
preceding paragraph.
false charges in order that another person is prosecuted as a criminal
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance. If serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not
more than ten years.
paragraph shall be given a heavier punishment.
of mistaken complaint or unsubstantiated accusation, the provisions of the
preceding two paragraphs shall not apply.
regulations on labour administration, forces employees to work by means of
deprivation of personal freedom, and if the circumstances are serious,
persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine.
or a search of his residence or unlawfully intrudes into another person's
residence shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
a crime mentioned in the preceding paragraph shall be given a heavier
punishment.
in public another person or fabricates facts to slander another person shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention, public surveillance or
deprivation of political rights.
complaint, except where serious harm has been done to the public order and
to the interests of the state.
from a suspect of crime or a defendant or extorts, by means of violence,
testimony from a witness shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If another person's deformity or
death is caused, the offender shall be given a heavier punishment according to
the provisions of Article 234 or Article 232 of this Law.
a supervising or administering organ such as a prison, bridewell or house of
detention subjects prisoners or internees to battery or corporal punishment
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years. If deformity or death of another person is caused, the offender shall
be decided a crime and given a heavier punishment according to the provisions
of Article 234 or Article 232 of this Law.
internees to subject other prisoners or internees to battery or corporal
punishment shall be punished according to the provisions of the preceding
paragraph.
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
or insulting minority nationalities, persons directly responsible for the
crime shall, if the circumstances are flagrant and serious consequences are
caused, be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance.
his freedom of religious belief or infringes upon the customs and
habits of minority nationalities shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than two years or criminal
detention.
person's letters, infringing upon the citizen's right to freedom of
correspondence shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than one year or criminal detention.
telegrams without authorization shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention.
preceding paragraph shall be decided a crime and given a heavier punishment
according to the provisions of Article 264 of this Law.
offices for private gain, in order to retaliate against or frame
complainants, petitioners, critics or accusers or incriminate them on false
charges shall be sentenced to fixed-term imprisonment of not more than two
years or criminal detention. If the circumstances are serious, the offender
shall be sentenced to fixed-term imprisonment of not less than two years and
more than seven years.
a public organization attacks or retaliates against accountants or
statisticians who perform duties according to law and refuse the acts which
are contrary to the Accounting Law or Statistics Law shall, if the
circumstances are flagrant, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
people's congresses at various levels or leading persons of state organs,
undermines the election or prevents the voters or representatives from
exercising their rights of electing or standing for election by means of
violence, threat, deception, bribe, counterfeiting electing documents or
reporting falsely votes shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than three years, criminal detention or
deprivation of political rights.
of marriage shall be sentenced to fixed-term imprisonment of not more than
two years or criminal detention.
causes his victim's death, he shall be sentenced to fixed-term imprisonment
of not less than two years and not more than seven years.
? The crime mentioned in the first paragraph of this Article shall be
handled only upon complaint.
another person while clearly knowing that the other has a spouse shall be
sentenced to fixed-term imprisonment of not more than two years or criminal
detention.
knowing that the person is the spouse of a member of the armed forces in
active service shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention.
sexual relation, by means of threat, with the wife of a member of the armed
forces in active service shall be decided a crime and punished according to
the provisions of Article 236 of this Law.
circumstances are flagrant, be sentenced to fixed-term imprisonment of not
more than two years, criminal detention or public surveillance.
serious injury or death to the victim, he shall be sentenced to fixed-term
imprisonment of not less than two years and not more than seven years.
handled only upon complaint.
minor, sick person or any other person who can not live independently shall,
if the circumstances are flagrant, be sentenced to fixed-term imprisonment
of not more than five years, criminal detention or public surveillance.
cutting the child off from his family or guardian, shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.
Chapter V Crimes of Property Violation
threat or other methods shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and concurrently
be sentenced to a fine. Whoever commits any of the following acts shall be
sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death, and concurrently be sentenced to a fine or confiscation
of property:
the offender obtains a large amount of property;
robbery;
policeman;
for emergencies, disaster relief or social relief.
property or steals property for several times shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine. If
the amount involved is huge or other serious circumstances exist,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced to a
fine. If the amount involved is especially huge or other especially serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment, and concurrently
be sentenced to a fine or confiscation of property. Whoever commits any of the
following acts shall be sentenced to life imprisonment or death, and
concurrently be sentenced to confiscation of property:
especially huge amount of property; or
with communication lines of another person or duplicates telecommunication
codes of another person or, uses the telecommunication equipment or facilities
while clearly knowing that they are connected secretly or duplicated shall
be decided a crime and punished according to the provisions of Article 264 of
this Law.
private property shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance, and concurrently
or independently be sentenced to a fine. If the amount involved is huge or
other serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine. If the amount involved is
especially huge or other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine or confiscation of
property. Where this Law has other provisions, such provisions shall prevail.
or private property shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine. If the amount involved
is huge or other serious circumstances exist, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine. If the amount involved is
especially huge or other especially serious circumstances exist, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine or confiscation
of property.
a crime and punished according to the provisions of Article 263 of this Law.
a crowd to commit open plunder of public or private property shall, if the
amount involved is relatively huge or other serious circumstances exist, be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be sentenced to a fine. If
the amount involved is huge or other especially serious circumstances exist,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and concurrently be sentenced to a
fine.
and uses or threatens to use violence on the spot in order to conceal booty,
resist detention or arrest or destroy criminal evidence, he shall be decided a
crime and punished according to the provisions of Article 263 of this Law.
property which is taken care of by him for the person shall, if the
amount involved is relatively huge and the offender refuses to return it, be
sentenced to fixed-term imprisonment of not more than two years, criminal
detention or a fine. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than two years and not more than five years, and
concurrently be sentenced to a fine.
underground by another person shall, if the amount involved is relatively huge
and the offender refuses to return it, be punished according to the provisions
of the preceding paragraph.
unit takes advantage of his office to illegally take possession of property
of his unit shall, if the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.
If the amount involved is huge, the offender shall be sentenced to
fixed-term imprisonment of not less than five years, and may concurrently be
sentenced to confiscation of property.
unit who performs public service or from the persons who are appointed and
sent by a state-owned company, enterprise or other unit to a non-state-owned
company, enterprise or other unit to perform public service commits an act
mentioned in the preceding paragraph, he shall be decided a crime and punished
according to the provisions of Article 382 or Article 383 of this Law.
unit takes advantage of his office to misappropriate his unit's funds for
himself or to lend them to others shall, if the amount involved is relatively
huge and the offender fails to return them within three months or, if the
funds are returned within three months, but the amount involved is relatively
huge and the money is used for profit-making activities or illegal activities,
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention. If the offender misappropriates a huge amount of funds of
his unit, or fails to return them though the amount involved is relatively
huge, he shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
unit who performs public service or from the persons who are appointed and
sent by a state-owned company, enterprise or other unit to a non-state-owned
company, enterprise or other unit to perform public service commits an
act mentioned in the preceding paragraph shall be decided a crime and punished
according to the provisions of Article 384 of this Law.
of funds or articles which are allocated for disaster relief, emergencies,
flood-control, care to disabled servicemen and families of revolutionary
martyrs and servicemen, care to the poor, resettlement of residents or social
relief shall, if the circumstances are serious and major harm to the interests
of the state and the people has resulted, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years.
blackmail shall, if the amount involved is relatively huge, be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance. If the amount involved is huge or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
shall, if the amount involved is relatively huge or other serious
circumstances exist, be sentenced to fixed-term imprisonment of not more than
three years, criminal detention or a fine. If the amount involved is huge or
other especially serious circumstances exist, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than seven years.
personal motives, destroys machinery or equipment, cruelly injures or
slaughters draught animals or uses other means to sabotage production or
business operations, shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
Chapter VI Crimes of Obstructing the Administration of Public Order
functionary from carrying out his functions according to law shall be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or a fine.
the National People's Congress or local people's congresses at various levels
from carrying out his functions according to law shall be punished according
to the provisions of the preceding paragraph.
force or threat, obstructs any person from the staff of the Red Cross from
carrying out his functions according to law shall be punished according
to the provisions of the first paragraph.
security organ from carrying out the tasks of state security without resorting
to force or threat shall, if serious consequences are caused, be punished
according to the provisions of the first paragraph.
laws or administrative regulations shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public
surveillance or deprivation of political rights. If serious consequences are
caused, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years.
fraud shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or deprivation of political
rights. If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years.
be given a heavier punishment according to the provisions of the preceding
paragraph.
seizes or destroys the official documents, certificates or seals of a state
organ shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or deprivation of political
rights. If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years.
organization shall be sentenced to fixed-term imprisonment of not more than
three years, criminal detention, public surveillance or deprivation of
political rights.
sentenced to fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political rights. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
people's police, licence plates for police vehicles or other special-use
signs or police equipment shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or independently be
sentenced to a fine.
unit shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
illegally state secrets shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention, public surveillance or
deprivation of political rights. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
state most confidential or classified information and refuses to explain their
sources and uses shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance.
use of wiretapping or photographing secretly shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance.
wiretapping or photographing secretly shall, if serious consequences are
caused, be sentenced to fixed-term imprisonment of not more than two years,
criminal detention or public surveillance.
a computer information system involving the fields of state affairs, national
defence construction or most advanced science and technology shall be
sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
amends, adds or disturbs functions of a computer information system
and causes the computer information system's inability to work normally shall,
if serious consequences exist, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If especially serious
consequences exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
deletion, amendment or addition towards data or application programmes which
are stored, disposed of or transmitted in a computer information system shall,
if serious consequences exist, be punished according to the provisions of the
preceding paragraph.
destructive programmes and affects the normal operation of a computer
information system shall, if serious consequences exist, be punished according
to the provisions of the first paragraph.
theft, embezzlement, misappropriation of public money, to steal state secrets
or to commit other crimes shall be decided a crime and punished according to
the relevant provisions of this Law.
authorization establishes or uses a wireless radio station, or without
authorization occupies frequency and refuses to stop his act after being
ordered to stop and disturbs the normal operation of wireless communication
shall, if serious consequences are caused, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
and causes deformity or death to another person shall be decided a crime and
punished according to the provisions of Article 234 or Article 232 of this
Law. If articles of public or private property are destroyed or forcibly
taken, the ringleaders shall be decided a crime and punished according to
the provisions of Article 263 of this Law, in addition to being ordered to
provide restitution or compensation.
circumstances are so serious that work, production, business, education
or scientific research cannot be conducted and serious losses are caused,
the ringleaders shall be sentenced to fixed-term imprisonment of not less
than three years and not more than seven years, other active participants
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political rights.
the organs to conduct their work and serious losses are caused, the
ringleaders shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years; other active participants shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention, public surveillance or deprivation of political rights.
wharves, civil airports, marketplaces, public parks, theatres, cinemas,
exhibition halls, sports grounds or other public places, or an assembled
crowd blocks traffic or undermines traffic order or resists or obstructs
public security administration personnel of the state from carrying out
their duties according to law, if the circumstances are serious, the
ringleaders shall be sentenced to fixed-term imprisonment of not more than
five years, criminal detention or public surveillance.
and other active participants shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public surveillance. If
any of the following acts exists, the ringleaders and other active
participants shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years:
large scale and causing a flagrant social influence;
engage in affrays and causing a serious disturbance of social order; or
or death to another person shall be decided a crime and punished according to
the provisions of Article 234 or Article 232 of this Law.
disturbance and undermines social order shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention or public
surveillance:
circumstances;
public or private property with serious circumstances; or
causing serious disturbance of public places.
an organization of criminal syndicate which conducts an organized activities
of offences or crimes by violence, threat or other means, plays the tyrant
in a locality, perpetrates all kinds of evils, bullies and oppresses or
cruelly injures or kills common people, and seriously undermines the
economic and social order shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years, other participants
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political rights.
comes to the People's Republic of China to absorb members for his
organization shall be sentenced to fixed-term imprisonment of not less
than three years and not more than ten years.
commits another crime shall be punished according to the provisions of
combined punishment for several crimes.
characters of criminal syndicate or connives at such an organization's
committing activities of offences or crimes shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or deprivation
of political rights; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and
not more than ten years.
fixed-term imprisonment of not more than five years, criminal detention or
public surveillance. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years. If the
circumstances are especially serious, the offender shall be sentenced to
life imprisonment or death.
a procession or a demonstration according to law or no permission for the
application has been granted or where it is conducted not in accordance
with the starting and finishing time, places and routes permitted by the
competent authorities, while the order of dismission is disobeyed and
public order seriously undermined, persons in charge of the assembly,
procession or demonstration and other persons directly responsible for the
crime shall be sentenced to fixed-term imprisonment of not more than five
years, criminal detention, public surveillance or deprivation of political
rights.
participates in an assembly, a procession or a demonstration carrying
weapons, controlled cutting tools or explosives shall be sentenced
to fixed-term imprisonment of not more than three years, criminal detention
public surveillance or deprivation of political rights.
an assembly, a procession or a demonstration held in accordance with law and
causes disturbance of public order shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention, public
surveillance or deprivation of political rights.
Emblem of the People's Republic of China by publicly and wilfully burning,
mutilating, scrawling on, defiling, or trampling upon it shall be sentenced
to fixed-term imprisonment of not more than three years, criminal detention,
public surveillance or deprivation of political rights.
societies or evil religious organizations, or uses feudal superstition
to undermine enforcement of the state's laws or administrative regulations
shall be sentenced to fixed-term imprisonment of not less than three years
and not more than seven years. If the circumstances are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
seven years.
evil religious organizations, or uses feudal superstition to deceive
another person and causes death of the person shall be punished according
to the provisions of the preceding paragraph.
evil religious organizations, or uses feudal superstition to rape a woman
or defraud property shall be decided a crime and punished respectively
according to the provisions of Article 236 and Article 266 of this Law.
the ringleaders or other persons who participate for several times shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention or public surveillance.
shall be given a heavier punishment according to the provisions of the
preceding paragraph.
to fixed-term imprisonment of not more than three years, criminal detention
or public surveillance.
to engage in gambling, establishes a place for gambling or makes gambling
his profession shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance, and
concurrently be sentenced to a fine.
intentionally delivery of mails shall, if the offence causes heavy losses to
public property and the interests of the state or the people, be sentenced to
fixed-term imprisonment of not more than two years or criminal detention.
witness, recorder or interpreter intentionally gives false evidence or makes a
false expert evaluation, record or translation concerning circumstances that
bear an important relation to a case, in order to frame another person or
conceal criminal evidence, he shall be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years.
agent ad litem destroys or forges evidence, assists the party concerned in
destroying or forging evidence, threatens or lures witnesses to, contrary to
the facts, change testimony or provide false evidence, he shall be sentenced
to fixed-term imprisonment of not more than three years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years.
a defender or an agent ad litem is substantiated but not forged intentionally,
such a case shall not been deemed as a crime of forgery of evidence.
hinders a witness from providing evidence or incites another person to
provide false evidence shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years.
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention.
two paragraphs shall be given a heavier punishment.
shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than seven years.
a tribunal or beats a judicial functionary, disturbs seriously the order of
tribunal, shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or a fine.
committed a crime, provides a concealed place or property for him, assists
him in fleeing or provides false evidence to protect him shall be sentenced
to fixed-term imprisonment of not more than three years, criminal detention or
public surveillance; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years.
punished as for a joint crime.
committed a crime of espionage, and when a state security organ inquires
him about relevant circumstances and collects relevant evidence from him,
refuses to provide them shall, if the circumstances are serious, be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance.
through a crime, conceals, transfers, purchases or sells it for the criminal
shall be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently or independently
be sentenced to a fine.
or orders of people's courts while he has ability to do so shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or a fine.
the property that has been sealed up, distrained or frozen by a judicial organ
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or a fine.
undermining the supervising and administering order after being held in
custody according to law shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than three years:
undermine order of supervision and administration;
supervision and administration; or
beat or corporally punish other prisoners or internees.
after being held in custody according to law shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
is escorted on the way shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years; if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than seven years.
or any active participant shall be sentenced to fixed-term imprisonment of not
less than five years, and other participants shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
by means of gathering a crowd and holding tools or any active participant
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment; if the circumstances are especially serious, the offender
shall be sentenced to death; other participants shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years.
(Borderline)
national boundary (borderline) shall be sentenced to fixed-term imprisonment
of not less than two years and not more than seven years, and concurrently be
sentenced to a fine. If anyone commits any of the following acts, he shall be
sentenced to fixed-term imprisonment of not less than seven years or life
imprisonment, and concurrently be sentenced to a fine or confiscation of
property:
secretly cross the national boundary (borderline);
(borderline) for many times or organizing many persons to secretly cross
the national boundary (borderline);
other criminal acts of killing, injuring, raping or selling the organized
persons, or killing or injuring the inspectors shall be punished according to
the provisions of combined punishment for several crimes.
others, deceptively gets passports, visas or other exit certificates for the
use of organizing other persons to secretly cross the national boundary
(borderline) shall be sentenced to fixed-term imprisonment of not
more than three years and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years and
concurrently be sentenced to a fine.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
passports, visas or other exit and entry certificates, or sells passports,
visas or other exit and entry certificates shall be sentenced to fixed-term
imprisonment of not more than five years and concurrently be sentenced to a
fine; if the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and concurrently be
sentenced to a fine.
national boundary (borderline) shall be sentenced to fixed-term imprisonment
of not more than five years, criminal detention or public surveillance, and
concurrently be sentenced to a fine. If anyone commits any of the following
acts, he shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years, and concurrently be sentenced to a fine:
necessary safe conditions and it is sufficient to cause severe consequences;
during the transportation, or resists the inspection by means of violence
or threat shall be sentenced to fixed-term imprisonment of not less than seven
years and concurrently be sentenced to a fine.
commits other criminal acts of killing, injuring, raping or selling the
transported persons or killing or injuring the inspectors shall be punished
according to the provisions of combined punishment for several crimes.
boundary (borderline), secretly crosses the national boundary (borderline)
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than one year, criminal detention or public
surveillance, and concurrently be sentenced to a fine.
boundary markers or permanent survey indicators along the national border
shall be sentenced to fixed-term imprisonment of not more than three years
or criminal detention.
state protection or cultural relics of the designated major sites to be
protected at the national level or of sites to be protected for their
historical and cultural value at the level of province shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine; if the circumstances
are serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than ten years and concurrently be
sentenced to a fine.
protection shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine.
protection or cultural relics of the designated major sites to be protected at
the national level or of sites to be protected for their historical and
cultural value at the level of province shall, if serious consequences have
resulted, be sentenced to fixed-term imprisonment of not more than three years
or criminal detention.
on protection of cultural relics, sells or denotes without authorization to
foreigners precious cultural relics in his collection which are forbidden by
the state from being exported shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention, and may concurrently be
sentenced to a fine.
unit shall be sentenced to a fine, and persons directly in charge and other
persons directly responsible for the crime shall be punished according to
the provisions of the preceding paragraph.
relics which are forbidden by the state from being sold or bought shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention and concurrently be sentenced
to a fine; if the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years and concurrently be sentenced to a fine.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
violation of laws or administrative regulations on protection of cultural
relics, sells or denotes without authorization cultural relics in collections
protected by the state to a non-state-owned unit or an individual, the unit
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
ancient tomb of historical, artistic or scientific value shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years and concurrently be sentenced to a fine; if the circumstances are
relatively minor, the offender shall be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public surveillance, and
concurrently be sentenced to a fine. If anyone commits any of the following
acts, he shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death, and concurrently be sentenced to a fine
or confiscation of property:
which is designated as major sites to protected for their historical and
cultural value at the national level or at the provincial level;
of ancient culture or ancient tombs;
many times; or
? (4) excavating a site of ancient culture or ancient tomb and robbing
valuable cultural relics therein, or causing serious damage to valuable
cultural relics therein.
spined animals of scientific value shall be punished according to the
provisions of the preceding paragraph.
be sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
transfers without authorization state-owned archives shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
act concurrently constitutes another crime mentioned in this Law, he shall be
punished according to the provisions with a heavier punishment.
Prevention and Treatment of Infectious Diseases, commits any of the following
acts and causes the spread or a great risk of the spread of an A Class
infectious disease shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention; if the consequences are especially
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years:
standards for drinking water set by the state;
requirements proposed by a health and anti-epidemic agency, to sewage,
wastes and feces contaminated with the pathogen of infectious diseases;
diseases, pathogen carriers or suspected patients of infectious diseases which
they are prohibited from doing by the health administrative department under
the State Council because of the likelihood of causing a spread of infectious
diseases; or
a health and anti-epidemic agency according to the Law on Prevention and
Treatment of Infectious Diseases.
the unit shall be sentenced to a fine, and the persons directly in charge
and other persons directly responsible for the crime shall be punished
according to the provisions of the preceding paragraph.
the Law of People's Republic of China on Prevention and Treatment of
Infectious Diseases and relevant provisions of the State Council.
or transportation of bacterial strains and virus strains of infectious
diseases who, in violation of the relevant provisions of the health
administrative department under the State Council, causes a spread of the
bacterial strains or virus strains of an infectious disease shall, if serious
consequences have resulted, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention; if the consequences are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than three years and not more than seven years.
and quarantine, causes the spread or a great risk of the spread of a
quarantinable infectious disease shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention, and concurrently or
independently be sentenced to a fine.
the unit shall be sentenced to a fine, and the persons directly in charge
and other persons directly responsible for the crime shall be punished
according to the provisions of the preceding paragraph.
be sentenced to fixed-term imprisonment of not more than five years and
concurrently be sentenced to a fine. Anyone who forces other persons by means
of violence or threat to sell blood shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years, and
concurrently be sentenced to a fine.
and causes injury to others shall be decided a crime and punished according to
the provisions of Article 234 of this Law.
provides blood product that does not conform to the standard set by the
state and is definitely harmful to human health shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention, and
concurrently be sentenced to a fine; if great harm to human health has been
caused, the offender shall be sentenced to fixed-term imprisonment of not less
than five years and not more than ten years and concurrently be sentenced to a
fine; if the consequences are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and concurrently be sentenced to a fine or confiscation of
property.
product upon approval by the state's competent department does not conduct
examinations according to provisions or violates other operational provisions,
and thereby causes consequences of endangering another person's health,
the unit shall be sentenced to a fine, and the persons directly
in charge and other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention.
negligence of his duties, causes death or serious damage to the person who
goes to see him shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
without a qualification for a doctor shall, if the circumstances are serious,
be sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or independently be
sentenced to a fine. If great injury has been caused to the patients' health,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years and concurrently be sentenced to a
fine. If he causes the patients' death, he shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be sentenced to a
fine.
authorization, conducts an operation of restoring oviduct or spermatic duct
after birth control measures have been taken, an operation of false birth
control or an operation of ending gestation or, takes off utensils of birth
control in the womb shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance, and concurrently or independently be sentenced to a fine.
If he does great injury to the patient's physical health, he shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years and concurrently be sentenced to a fine. If he causes
the patients' death, he shall be sentenced to fixed-term imprisonment of not
less than ten years and concurrently be sentenced to a fine.
Entry and Exit Animal and Plant Quarantine, escapes from animal and plant
quarantine and thereby causes epidemic situations of animal and plant shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention, and concurrently or independently be sentenced to a fine.
unit shall be sentenced to a fine, and the persons directly in charge and
other persons directly responsible for the crime shall be punished according
to the provisions of the preceding paragraph.
discharges, dumps or disposes radioactive wastes, wastes of carrying
infectious pathogens, poisonous substances or other dangerous substances to
land, water or air, and causes a serious accident of environmental pollution
shall, if the offence causes serious consequences of great losses of public or
private property or bodily injury or death of another person, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention,
and concurrently or independently be sentenced to a fine; if the consequences
are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years, and
concurrently be sentenced to a fine.
piles up or disposes solid wastes abroad inside China shall be sentenced
to fixed-term imprisonment of not more than five years or criminal detention
and concurrently be sentenced to a fine. If the offence causes a serious
environmental pollution accident and heavy losses to public or personal
property or does great injury to people's health, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years and concurrently be sentenced to a fine. If the consequences
are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than ten years and concurrently be sentenced to a
fine.
approval by relevant departments under the State Council and causes a serious
environmental pollution accident shall, if the offence causes heave losses to
public or personal property or causes great injury to people's physical
health, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention and concurrently be sentenced to a fine; if the
consequences are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years and concurrently be sentenced to a fine.
that cannot be utilized as raw materials shall be decided a crime and
punished according to the provisions of Article 155 of this law.
on the protection of aquatic resources, fishes for aquatic products in an area
where fishing is prohibited, during a period when fishing is prohibited
or using implements or methods that are prohibited shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more than three
years, criminal detention, public surveillance or a fine.
under special state protection which are rare or near extinction, or illegally
purchases, transports or sells the species of wildlife under special state
protection which are rare or near extinction and their products shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention and concurrently be sentenced to a fine; if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than five years and not more than ten years and concurrently be sentenced
to a fine; if the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years and
concurrently be sentenced to a fine or confiscation of property.
reserve, during a period when hunting is prohibited or using implements or
methods that are prohibited, thereby damaging wildlife resources shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention, public surveillance or a fine.
administration, illegally occupies cultivated land and uses it for other
purpose shall, if the amount involved is relatively huge and the offence
causes serious damage to a large amount of cultivated land, be sentenced to
fixed-term imprisonment of not more than five years or criminal detention, and
concurrently or independently be sentenced to a fine.
Resources Law, mines without a mining licence, enters without authorization
and mines in mining areas that the state has planned to develop, in mining
areas with ores of significant value to the national economy, or in other's
mining areas, or exploits special kinds of minerals that the state has
prescribed for protective exploitation, and refuses to stop mining after he is
ordered to do so shall, if the offence causes damage to mineral resources, be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or independently be
sentenced to a fine. If the offence causes serious damage to mineral
resources, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years and concurrently be
sentenced to a fine.
exploits mineral resources in a destructive way and causes heavy damage to
mineral resources shall be sentenced to fixed-term imprisonment of not more
than five years or criminal detention, and concurrently be sentenced to a fine.
illegally cuts down or destroys rare and precious trees shall be sentenced
to fixed-term imprisonment of not more than three years, criminal detention or
public surveillance, and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years, and
concurrently be sentenced to a fine.
the amount involved is relatively huge, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine; if the
amount involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years, and
concurrently be sentenced to a fine; if the amount involved is especially
huge, the offender shall be sentenced to fixed-term imprisonment of not less
than seven years and concurrently be sentenced to a fine.
forests or other woodlands shall, if the amount involved is relatively huge,
be sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently or independently be
sentenced to a fine; if the amount involved is huge, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than seven years, and concurrently be sentenced to a fine.
which are clearly known by him to be cut down or denuded in forest areas
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently or independently be sentenced to a fine; if the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years and concurrently be sentenced to a fine.
nature reservation regions at the national level shall be given a heavier
punishment.
Article 338 to Article 345 of this Section, the unit shall be sentenced to a
fine, and persons directly in charge and other persons directly responsible
for the crime shall be punished according to the provisions of respective
articles of this Section.
Manufacturing Narcotic Drugs
narcotic drugs, regardless of how much the quantity is, shall be investigated
for criminal responsibility and given criminal punishment.
and commits any of the following acts shall be sentenced to fixed-term
imprisonment of fifteen years, life imprisonment or death, and concurrently be
sentenced to confiscation of property:
not less than 1,000 grams, or heroin or methyl benzedrine of not less than 50
grams or other narcotic drugs of large quantities;
transporting or manufacturing of narcotic drugs;
manufacturing of narcotic drugs;
circumstances; or
quantity of not less than 200 grams and not more than 1,000 grams, or heroin
or methyl benzedrine of not less than 10 grams and not more than 50 grams or
other narcotic drugs of relatively huge quantities shall be sentenced to
fixed-term of imprisonment of not less than seven years and concurrently be
sentenced to a fine.
not more than 200 grams, or heroin or methyl benzedrine of not more than 10
grams or other narcotic drugs of small quantities shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance, and concurrently be sentenced to a fine; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years and
concurrently be sentenced to a fine.
paragraph, the unit shall be sentenced to a fine, and the persons directly in
charge and other persons directly responsible for the crime shall be punished
according to respective provisions in the preceding paragraphs.
in, transport or manufacture narcotic drugs, or sells narcotic drugs to them
shall be given a heavier punishment.
manufactured narcotic drugs for many times and have not been dealt with, the
quantity of narcotic drugs thus involved shall be computed accumulatively.
grams, or heroin or methyl benzedrine of not less than 50 grams, or any other
narcotic drugs of large quantities shall be sentenced to fixed-term
imprisonment of not less than seven years or life imprisonment, and
concurrently be sentenced to a fine. Whoever illegally possesses opium of not
less than 200 grams but not more than 1,000 grams, or heroin or methyl
benzedrine of not less than 10 grams but not more than 50 grams, or any other
narcotic drugs of relatively large quantities shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance, and concurrently be sentenced to a fine. If the circumstances
are serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years and concurrently be
sentenced to a fine.
in, transporting or manufacturing narcotic drugs, or whoever harbours,
transfers or covers up, for such offenders, narcotic drugs or their pecuniary
and other gains from such criminal activities, shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years.
or shields offenders engaged in smuggling, trafficking in, transporting or
manufacturing narcotic drugs shall be given a heavier punishment according to
the provisions in the preceding paragraph.
punished as for a joint crime of smuggling, trafficking in, transporting or
manufacturing of narcotic drugs.
transports or carries acetic oxide, ether, chloroform or other substances
that are usually used as materials or burden in the manufacture of narcotic
drugs into or out of China, or whoever, in violation of the state's
stipulations, illegally traffics in such substances in China, shall be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be sentenced to a fine; if
the quantities are huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years, and
concurrently be sentenced to a fine.
paragraph, while knowing that those persons manufacture narcotic drugs, shall
be deemed as an accomplice in the crime of manufacturing narcotic drugs and
punished as such.
unit shall be sentenced to a fine, and the persons directly in charge and
other persons directly responsible for the crime shall be punished according
to the provisions in the preceding two paragraphs.
such as opium poppy and marijuana, shall be forced to uproot them. Whoever
commits any of the following acts shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention or public
surveillance, and concurrently be sentenced to a fine:
3,000 plants or any mother plants of other narcotic drugs in relatively
large quantities;
with by the public security organ; or
or any mother plants of other narcotic drugs in large quantities shall be
sentenced to fixed-term imprisonment of not less than five years, and
concurrently be sentenced to a fine or confiscation of property.
narcotic drugs who voluntarily uproot them before harvest may be exempted from
punishment.
seeds or seedlings of mother plants of opium poppy or other narcotic drugs
which have not been destroyed to death shall, if the quantities are relatively
huge, be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently or independently
be sentenced to a fine.
ingestion or injection shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance, and
concurrently be sentenced to a fine; if the circumstance are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be sentenced to a fine.
sentenced to fixed-term imprisonment of not less than three years and not
more than ten years and concurrently be sentenced to a fine.
or injecting narcotic drugs shall be given a heavier punishment.
narcotic drugs shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance, and concurrently
be sentenced to a fine.
transportation, administration or utilization of state-controlled narcotics
and psychotropic substances and who, in violation of relevant regulations of
the state, provide such substances which may lead to people's addiction to
perons who ingest or inject narcotic drugs shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, and
concurrently be sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years, and concurrently be sentenced to a fine.
Persons who provide such substances which may lead to people's addiction to
drug smugglers or traffickers, or, for the purpose of profit, to persons who
ingest or inject narcotic drugs shall be decided a crime and punished
according to the provisions of Article 347 of this Law.
unit shall be sentenced to a fine, and the persons directly in charge and
other persons directly responsible for the crime shall be punished according
to the provisions of the preceding paragraph.
trafficking in, transporting, manufacturing or possessing illegally narcotic
drugs, and also commits a crime mentioned in this Section, shall be given a
heavier punishment.
heroin, methyl benzedrine, morphine, marijuana, cocaine and other narcotics
and psychotropic substances that are liable to make people addicted to their
use and that are controlled by relevant regulations of the state.
of smuggled, trafficked in, transported, manufactured or illegally held
narcotic drugs which are verified, and not be decided according to their
degree of purity.
Introducing Women into Prostitution
engage in prostitution shall be sentenced to fixed-term imprisonment of not
less than five years and not more than ten years, and concurrently be
sentenced to a fine. Whoever commits any of the following acts shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and concurrently be sentenced to a fine or confiscation of
property:
? (1) organizing other person(s) to engage in prostitution and the
circumstances being serious;
person to engage in prostitution for many times;
engage in prostitution or causing other severe consequences.
the circumstances are especially serious, shall be sentenced to life
imprisonment or death, and concurrently be sentenced to confiscation of
property.
shall be sentenced to fixed-term imprisonment of not more than five years and
concurrently be sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years and not more than ten years, and concurrently be sentenced to a fine.
persons to engage in prostitution shall be sentenced to fixed-term
imprisonment of not more than five years, criminal detention or public
surveillance, and concurrently be sentenced to a fine; if the circumstances
are serious, the offender shall be sentenced to fixed-term imprisonment of not
less than five years and concurrently be sentenced to a fine.
shall be sentenced to fixed-term imprisonment of not less than five years and
concurrently be sentenced to a fine.
syphilis and gonorrhea knowingly engages in prostitution or whoring shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention or public surveillance, and concurrently be sentenced to a fine.
fixed-term imprisonment of not less than five years and concurrently be
sentenced to a fine.
entertainment, or in taxi service, who, by taking advantage of his work
unit, organizes, forces, lures, shelters or procures any other person or
persons to engage in prostitution, shall be decided a crime and punished
according to the provisions of Article 358 or Article 359 of this Law.
commit crimes mentioned in the preceding paragraph, they shall be given a
heavier punishment.
in the trade of hotel, catering or entertainment, or in taxi service provides
information for law-breaking offenders and criminals when the public security
organ investigates or deals with activities of prostitution or whoring, he
shall, if the circumstances are serious, be decided a crime and punished
according to the provisions of Article 310 of this Law.
Pornographic Articles
disseminates pornographic articles for the purpose of making profits shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention or public surveillance, and concurrently be sentenced
to a fine; if the circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine; if the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years or life imprisonment, and concurrently be
sentenced to a fine or confiscation of property.
books and periodicals shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance, and
concurrently or independently be sentenced to a fine. If anyone provides
others with book numbers which he clearly knows to be used to publish
pornographic books and periodicals, he shall be punished according to the
provisions in the preceding paragraph.
periodicals, movies, video- and audio-tapes, pictures or any other
pornographic articles shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than two years, criminal detention
or public surveillance.
video- or audio-tapes shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention or public surveillance, and
concurrently be sentenced to a fine; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years, and concurrently be sentenced to a fine.
video- or audio-tapes and organizes shows of them shall be given a heavier
punishment according to the provisions in the second paragraph.
shall be given a heavier punishment.
sentenced to fixed-term imprisonment of not more than three years, criminal
detention or public surveillance, and concurrently be sentenced to a fine;
if the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years, and concurrently be sentenced to a fine.
Article 364 and Article 365 of this Section, the unit shall be sentenced to a
fine, and persons directly in charge and other persons directly responsible
for the crime shall be punished according to respective provisions of these
articles.
sex-propagating books or periodicals, films, video- or audio-tapes, pictures
or other pornographic articles which concretely describe sexual acts or
undisguisedly publicize sex.
shall not be pornographic articles.
shall no been deemed as pornographic articles.
Chapter VII Crimes of Endangering Interests of National Defence
from carrying out their duties according to law shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention,
public surveillance or a fine.
act shall, if serious consequences have resulted, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention.
or military communications shall be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance. Whoever
damages important weapons or equipment, military installations or military
communications shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years, life imprisonment or death. Any person who commits such
a crime during wartime shall be given a heavier punishment.
weapons or equipment, or military installations shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention; if
the circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years; if the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment of death.
paragraph shall, if serious consequences have resulted, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention; if
the consequences are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
seven years.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions in the first paragraph.
region, and disturbs seriously order of the military forbidden region, the
ringleaders shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years; other active participants shall be
sentenced to fixed-term imprisonment of not more than five years, criminal
detention, public surveillance or deprivation of political rights.
region, and the circumstances are so serious that the work of the military
administrative region can not been done and great losses are caused, the
ringleaders shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years; other active participants shall be
sentenced to fixed-term imprisonment of not more than three years, criminal
detention, public surveillance or deprivation of political rights.
practise fraud shall be sentenced to fixed-term imprisonment of not
more than three years, criminal detention, public surveillance or deprivation
of political rights; if the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and
not more than ten years.
or employs knowingly the serviceman who fled from the armed forces shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years, criminal detention or public surveillance.
for the benefit of his friends and accepts or sends out substandard soldiers
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If especially
serious consequences are caused, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
seizes the official documents, certificates or seals of the armed forces shall
be sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or deprivation of political rights.
If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years.
vehicles and other signs for special use of the armed forces shall, if
the circumstances are serious, be sentenced to fixed-term imprisonment
of not more than three years, criminal detention or public surveillance,
and concurrently or independently be sentenced to a fine.
the unit shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be punished according
to the provisions of the paragraph.
escapes from recruitment or training during wartime shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
on active service shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than two years or criminal detention.
conditions shall, if serious consequences are caused, be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years. If especially serious consequences are caused, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment.
others and undermines army morale shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention or public
surveillance. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years.
the servicemen who fled from the army while knowing that shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
delays military orders of goods, and if the circumstances are serious, the
unit involved shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention. If
serious consequences are caused, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention.
Chapter VIII Crimes of Embezzlement and Bribery
appropriates, steals, swindles, or otherwise illegally takes possession of
public property shall be guilty of a crime of embezzlement.
companies, enterprises, institutions or people's organizations, to
administer or manage state-owned property takes advantage of his office to
appropriate, steal, swindle, or otherwise illegally take possession of
state-owned property shall be punished as a crime of embezzlement.
? Whoever conspires with the persons listed in the preceding two paragraphs
to engage in embezzlement shall be punished as an accomplice in the crime.
accordance with the seriousness of the circumstances, be respectively punished
according to the following provisions:
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and may concurrently be sentenced to confiscation of property.
If the circumstances are especially serious, the offender shall be sentenced
to death, and concurrently be sentenced to confiscation of property.
than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less
than five years, and may concurrently be sentenced to confiscation of
property. If the circumstances are especially serious, the offender shall be
sentenced to life imprisonment, and concurrently be sentenced to confiscation
of property.
50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one
year and not more than seven years. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than seven
years and not more than ten years. An individual who embezzles not less than
5,000 yuan and not more than 10,000 yuan, and after committing the crime,
shows signs of repentance and gives up the embezzled money of his own accord
may be given a mitigated punishment or be exempted from criminal punishment,
but shall be given a disciplinary sanction by his unit or competent
authorities at higher level.
circumstances are relatively serious, be sentenced to fixed-term imprisonment
of not more than two years or criminal detention. If the circumstances are
relatively minor, the offender shall be given a disciplinary sanction
according to the circumstances by his unit or competent authorities at higher
level.
shall be punished according to the accumulated amount of money he has
embezzled.
misappropriate public funds for his own use or for conducting illegal
activities, or misappropriate a relatively large amount of public funds for
conducting activities to reap profits, or misappropriate a relatively large
amount of public funds and fail to return it after three months, shall be
guilty of a crime of misappropriation of public funds, and shall be sentenced
to fixed-term imprisonment of not more than five years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years. If he misappropriates
a large amount of public funds and fails to return it, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment.
disaster relief, emergency rescue, flood prevention and control, the care of
disabled servicemen and the families of revolutionary martyrs and servicemen,
the care of the poor, resettlement of residents or social relief shall be
given a heavier punishment.
asks for other persons' property, or illegally accepts other persons' property
and secures advantages for them, shall be guilty of a crime of acceptance of
bribes.
of state's stipulations, accepts commissions and service charges offered in
various names for their own possession shall be punished for acceptance of
bribes.
accordance with the amount of bribes and the seriousness of the circumstances,
be punished according to the provisions of Article 383 of this Law. Whoever
extorts bribery shall be given a heavier punishment.
institution or people's organization extorts or accepts illegally property
from another person and seeks profits for the person, and if the circumstances
are serious, the unit shall be sentenced to a fine, and the persons directly
in charge and other persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention.
activities, accepts secretly rebates or commissions in various names without
entering into its account shall be deemed as acceptance of bribes, and
punished according to the provisions of the preceding paragraph.
favorable conditions of his office or status, seeks unlawful profits for the
entruster through the acts of office of another state functionary, and extorts
or accepts the entruster's property shall be deemed as acceptance of bribes
and punished as such.
property to a state functionary shall be guilty of bribing.
gives property of a large quantity or value to a state functionary or gives,
in violation of the state's stipulations, commissions and service charges to
a state functionary shall be punished for the crime of bribing.
unlawful profits shall not be deemed to have bribed.
fixed-term imprisonment of not more than five years or criminal detention.
Whoever seeks unlawful interests by bribing shall, if the circumstances are
serious or heavy losses of the state's interests have been caused, be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment, and may concurrently be sentenced to confiscation of
property.
prosecuted may be given a mitigated punishment or be exempted from punishment.
property to a state organ, state-owned company or enterprise, an institution
or a people's organization, or, in economic activities, violating the state's
stipulations, gives commissions and service charges offered in various names
shall be sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
shall be sentenced to a fine, and persons directly in charge and other persons
directly responsible for the crime shall be punished according to the
provisions of the preceding paragraph.
if the circumstances are serious, be sentenced to fixed-term imprisonment
of not more than three years or criminal detention.
activities before being prosecuted, be given a mitigated punishment or
exempted from punishment.
a bribe or offers, in violation of the state's stipulations, commissions and
service charges to a state functionary, and if the circumstances are serious,
the unit shall be sentenced to a fine, and persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention. If
illegal gains are obtained by bribing and such gains are taken possession of
by a person, the offender shall be decided a crime and punished according to
the provisions of Article 389 or Article 390 of this Law.
public purpose or in their contact with foreigners, accepts gifts and does not
hand them over to the state, if he is required to do so in accordance
with the state's stipulations shall, if the amount involved is relatively
huge, be decided a crime and punished according to the provisions of Article
382 or Article 383 of this Law.
apparently exceeds his lawful earnings may, if the difference is huge, be
ordered to explain the sources of his property. If he can not explain the
lawful sources of his property, the amount of property that exceeds his
lawful earnings shall be treated as illegal gains, and he shall be sentenced
to fixed-term imprisonment of not more than five years or criminal
detention, the property that exceeds his lawful earnings shall be taken over.
other countries according to the state's stipulations. Whoever has a
relatively large amount of such savings and does not report them to the state
shall be sentenced to fixed-term imprisonment of not more than two years or
criminal detention. If the circumstances are relatively minor, the offender
shall be given a disciplinary sanction according to the circumstances
by his unit or competent authorities at higher level.
institution or people's organization, in violation of the state's
stipulations, distributes state-owned property collectively to individuals in
the name of the unit, persons directly in charge and other persons directly
responsible for the crime shall, if the amount involved is relatively huge, be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and concurrently or independently be sentenced to a fine. If the
amount involved is huge, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years, and
concurrently be sentenced to a fine.
state's stipulations, distributes collectively the confiscated property which
shall be turned over to the state to individuals in the name of unit shall be
punished according to the provisions of the preceding paragraph.
Chapter IX Crimes of Dereliction of Duty
neglects his duties and causes heavy losses to public property or interests of
the state or the people shall be sentenced to fixed-imprisonment of not more
than three years or criminal detention. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than three years and not more than seven years. Where this Law has other
provisions, such provisions shall prevail.
friends and commits a crime mentioned in the preceding paragraph shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention. If the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years. Where this Law has other provisions, such provisions shall
prevail.
the Law on Guarding State Secrets, indulges state secrets intentionally or
negligently shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention. If
the circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than seven
years.
the preceding paragraph shall be punished in accordance with the circumstances
according to the provisions of the preceding paragraph.
of his own or bends the law for the benefits of his relatives or friends, and
subjects to prosecution a person he clearly knows to be innocent and
intentionally protects from prosecution a person he clearly knows to be
guilty, or in the course of criminal trial, intentionally twists the law and
makes judgments or orders which are contrary to the fact and law, shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention. If the circumstances are serious, the offender shall be sentenced
to fixed-term imprisonment of not less than five years and not more than ten
years. If the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years.
twists the law and makes judgments or orders which are contrary to the fact
and law shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. If the
circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years.
commits an act mentioned in the preceding two paragraphs shall, if his act
concurrently constitutes a crime mentioned in Article 385 of this Law, be
decided a crime and punished according to the provisions with a heavier
punishment.
a suspect for a crime, defendant or criminal in custody shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years.
causes a suspect for a crime, defendant or criminal in custody to escape
shall, if serious consequences are caused, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention. If especially
serious consequences are caused, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
benefit of his friends, makes a decision of commutation of punishment, parole
or temporarily serving his term outside prison to a criminal not conforming
to the conditions of commutation of punishment, parole or temporarily serving
his term outside prison shall be sentenced to fixed-term imprisonment of not
more than three years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of
not less than three years and not more than seven years.
remit a person who shall be investigated for criminal responsibility to
a judicial organ shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention. If
serious consequences are caused, the offender shall be sentenced to not less
than three years and not more than seven years.
who engages in malpractice for his friends and abuses his power of office,
makes an approval or registration of application for a company's establishment
and registration or for issuing or marketing stocks or bonds which do not
conform to the conditions stipulated in law shall, if the offence causes
public property or interests of the state or the people to suffer heavy
losses, be sentenced to fixed-term imprisonment of not more than five years or
criminal detention.
or its functionary to commit an act mentioned in the preceding paragraph,
persons directly in charge shall be punished according to the provisions of
the preceding paragraph.
malpractice for his friends and does not collect or partly collects the tax
payable shall, if the offence causes the state's tax incomes to suffer heavy
losses, be sentenced to fixed-term imprisonment of not more than five years
or criminal detention. If the offence causes especially serious losses, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years.
of the stipulations of laws or administrative regulations, engages in
malpractice for his friends when doing work concerning selling invoices,
offsetting the amount of tax payable or refunding the tax for export shall, if
the offence causes the interests of the state to suffer heavy losses, be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention. If the offence causes the interests of the state to suffer
especially heavy losses, the offender shall be sentenced to fixed-term
imprisonment of not less than five years.
engages in malpractice for his friends when providing declarations for export
goods to the Customs, documents for verification and cancellation of foreign
exchange income of export goods or other vouchers for use of tax refund for
export shall, if the offence causes the interests of the state to suffer heavy
losses, be punished according to the provisions of the preceding paragraph.
fulfilling contracts, is defrauded because of serious negligence of his duties
shall, if the offence causes the interests of the state to suffer heavy
losses, be sentenced to fixed-term imprisonment of not more than three years
or criminal detention. If the offence causes the interests of the state to
suffer especially heavy losses, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
violation of the provisions of the Forestry Law, issues forestry trees cutting
licences in excess of the approved annual cutting quotas or by overstepping
authority shall, if the circumstances are serious and the offence causes the
forest to suffer heavy damage, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
on environment protection who neglects his duties so seriously that a great
environmental pollution accident happens and causes heavy losses to public
or private property or another person's bodily injury or death or other
serious consequences shall be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
infectious diseases from the government's public health departments who
neglects his duties so seriously that he causes the spread or epidemic of
an infectious disease shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
friends, in violation of laws or regulations on land administration, abuses
his powers, illegally approves an act of requisitioning or occupying land, or
illegally assigns rights for use of state-owned land at a lower price shall,
if the circumstances are serious, be sentenced to fixed-term imprisonment of
not more than three years or criminal detention. If the offence causes
interests of the state or collective to suffer especially heavy losses, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
friends and connives at another person's smuggling shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than five years or criminal detention. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than five years.
institutions who engages in malpractice for his friends and fabricates
inspection conclusions shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. If the offence causes serious
consequences, the offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years.
seriously that he does not inspect the commodity that shall be inspected or
he delays providing certificates or provides wrong certificates shall, if the
offence causes the interests of the state to suffer heavy losses, be sentenced
to fixed-term imprisonment of not more than three years or criminal detention.
quarantine organ engages in malpractice for his friends and fabricates a
quarantine result, he shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. If the offence causes serious
consequences, the offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years.
seriously that he does not quarantine the quarantine objects that shall be
quarantined, or he delays providing quarantine certificates or provides wrong
certificates shall, if the offence causes the interests of the state to suffer
heavy losses, be sentenced to fixed-term imprisonment of not more than three
years or criminal detention.
crimes of production or sale of fake or substandard products who engages in
malpractice for his friends and does not perform the investigation duties
stipulated by law shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.
or other certificates for the use of exit or entry who issues a exit and entry
certificate to the person clearly known to attempt to secretly cross the
national boundary (borderline), or any state functionary of the frontier
defence or Customs organs who permits another person clearly known to secretly
cross the national boundary (borderline) to go shall be sentenced to
fixed-term imprisonment of not more than three years or criminal detention. If
the circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
child abducted and trafficked in or kidnapped who fails to make any
rescue effort on receiving a request for rescue by a woman or child who is
abducted and trafficked in or kidnapped or by his or her family members or on
receiving a report thereon made by any other person shall, if serious
consequences are caused, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention.
to hinder the rescue, he shall be sentenced to fixed-term imprisonment of not
less than two years and not more than seven years. If the circumstances are
relatively minor, the offender shall be sentenced to fixed-term imprisonment
of not more than two years or criminal detention.
forbidding criminal activities who divulges secret information or provides
with convenience to the criminals, and helps the criminals to escape from
being punished shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years.
servants or students, engages in malpractice for his friends shall, if the
circumstances are serious, be sentenced to fixed-term imprisonment of not more
than three years or criminal detention.
causes damage or losses of rare and precious cultural relics shall, if serious
consequences are caused, be sentenced to fixed-term imprisonment of not
more than three years or criminal detention.
Chapter X Crimes Contrary to Duties Committed by servicemen
endangers the state's military interests and is punishable with criminal
penalties by law constitutes a crime in contravention of a serviceman's
duties.
jeopardizing the military operations, shall be sentenced to fixed-term
imprisonment of not less than three years and not more than ten years.
If the offence causes serious losses to a battle or campaign, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years,
life imprisonment or death.
report about the military situation or refuses to communicate or communicates
a false military order, thereby jeopardizing the military operations, shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years. If the offence causes serious losses to a battle or campaign,
the offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death.
voluntarily lays his arms and surrenders to the enemy shall be sentenced to
fixed-term imprisonment of not less than three years and not more than ten
years. If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment.
shall be sentenced to fixed-term imprisonment of not less than ten years, life
imprisonment or death.
shall be sentenced to fixed-term imprisonment of not more than three years.
If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than three years and not more than
ten years. If the offence causes serious losses to a battle or campaign,
the offender shall be sentenced to fixed-term imprisonment of not less than
ten years, life imprisonment or death.
neglects his duties, thereby causing serious consequences, shall be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention. If especially serious consequences are caused, the offender shall
be sentenced to fixed-term imprisonment of not less than three years and not
more than seven years.
paragraph shall be sentenced to fixed-term imprisonment of not less than
five years.
personnel or personnel on duty from performing their duties shall be sentenced
to fixed-term imprisonment of not more than five years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years. If the offence causes
serious injury or death to another person or other especially serious
circumstances exist, the offender shall be sentenced to life imprisonment or
death. The punishment of such crimes during wartime shall be heavier than in
time of peace.
a subordinate to commit an act in contravention of his duties shall,
if serious consequences are caused, be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than five years and not more than ten years.
the battlefield and fights inactively shall, if serious consequences are
caused, be sentenced to fixed-term imprisonment of not more than five years.
If the offence causes serious losses to a battle or campaign or other
especially serious circumstances exist, the offender shall be sentenced to
fixed-term imprisonment of not less than five years.
that neighbouring friendly forces are in dangerous and urgent situation, has
ability to rescue the force but does not to do so, and causes serious losses
to the neighbouring friendly forces, shall be sentenced to fixed-term
imprisonment of not more than five years.
in the course of performing his public office, turns traitor and flees
from China or turns traitor and flees outside China, and endangers the state's
military interests, shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than five years.
or with other especially serious circumstances shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment or death.
obtains military secrets shall be sentenced to fixed-term imprisonment of
not more than five years. If the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than five years and not
more than ten years. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years.
a agency, organization or person outside China shall be sentenced to
fixed-term imprisonment of not less than ten years, life imprisonment or death.
on protection of the state secrets, intentionally or negligently divulges
military secrets shall, if the circumstances are serious, be sentenced to
fixed-term imprisonment of not more than five years or criminal detention. If
the circumstances are especially serious, the offender shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years.
paragraph shall be sentenced to fixed-term imprisonment of not less than
five years and not more than ten years. If the circumstances are especially
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years or life imprisonment.
others and undermines army morale shall be sentenced to fixed-term
imprisonment of not more than three years. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years.
others and undermines army morale shall be sentenced to fixed-term
imprisonment of not less than ten years or life imprisonment. If the
circumstances are especially serious, the offender may be sentenced to death.
thus disqualifying himself from fulfilling his military obligation shall be
sentenced to fixed-term imprisonment of not more than three years. If the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than three years and not more than seven years.
on military service, flees from army shall, if the circumstances are
serious, be sentenced to fixed-term imprisonment of not more than three years
or criminal detention.
paragraph shall be sentenced to fixed-term imprisonment of not less than three
years and not more than seven years.
equipment, if the circumstances are serious, thus a liability accident leading
to severe injury or death of another person or other serious consequences
is caused, shall be sentenced to fixed-term imprisonment of not more than
three years or criminal detention. If the consequences are especially serious,
the offender shall be sentenced to fixed-term imprisonment of not less than
three years and not more than seven years.
equipment and changes without authorization the arrangement and purpose of
weapons shall, if serious consequences are caused, be sentenced to
fixed-term imprisonment of not more than three years or criminal detention.
If especially serious consequences are caused, the offender shall be sentenced
to fixed-term imprisonment of not less than three years and not more than
seven years.
military goods and materials shall be sentenced to fixed-term imprisonment of
not more than five years or criminal detention. If the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than five years and not more than ten years. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment
of not less than ten years, life imprisonment or death.
shall be punished according to the provisions of Article 127 of this Law.
the army shall be sentenced to fixed-term imprisonment of not less than three
years and not more than ten years. Where large quantities of weapons and
equipment are sold or transferred or other especially serious circumstances
exist, the offender shall be sentenced to fixed-term imprisonment of not less
than ten years, life imprisonment or death.
equipment shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention. If important or large quantities of weapons and
equipment are abandoned or other serious circumstances exist, the
offender shall be sentenced to fixed-term imprisonment of not less than
five years.
report in time to a higher commander or has other serious circumstances shall
be sentenced to fixed-term imprisonment of not more than three years or
criminal detention.
authorization, sells or transfers real estate of the army and if the
circumstances are serious, persons directly responsible for the crime shall be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention. If the circumstances are especially serious, the offender shall be
sentenced to fixed-term imprisonment of not less than three years and not more
than ten years.
a subordinate shall, if the circumstances are so flagrant as to
have resulted in serious bodily injury of another person or other serious
consequences, be sentenced to fixed-term imprisonment of not more than
five years or criminal detention. If the offence causes death of another
person, the offender shall be sentenced to fixed-term imprisonment
of not less than five years.
abandonment of the wounded or sick on the battlefield shall, if the
circumstances are flagrant, be sentenced to fixed-term imprisonment of not
more than five years.
refuses to rescue or cure the fatal wounded or sick servicemen while
having such conditions shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. If the offence causes severe
disability or death of the wounded or sick servicemen or other serious
circumstances exist, the offender shall be sentenced to fixed-term
imprisonment of not less than five years and not more than ten years.
residents or plunders property from innocent residents in areas of
military operations shall be sentenced to fixed-term imprisonment of not more
than five years. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than five years and not more
than ten years. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years,
life imprisonment or death.
shall be sentenced to fixed-term imprisonment of not more than five years.
Whoever releases without authorization an important prisoner of war or
releases without authorization several prisoners of war or with other serious
circumstances, the offender shall be sentenced to fixed-term imprisonment of
not less than five years.
circumstances are flagrant, be sentenced to fixed-term imprisonment of
not more than three years.
sentenced to fixed-term imprisonment of not more than three years with a
reprieve pronounced may, in consideration of the absence of actual danger
from him, be allowed to atone for his crime by performing meritorious deeds.
Should he truly perform meritorious deeds, the original sentence may be
rescinded, and he shall not be punished as a criminal.
cadres, soldiers on active duties and the students with military status
of the Chinese People's Liberation Army, and the officers, nonmilitary cadres,
soldiers on active duties and the students with military status of the
Chinese People's Armed Police Forces, and the persons on reserve service and
other persons who perform military tasks.
the time in which the state announces a state of war, the army receives
tasks of battle or suffers a sudden attack.
violent incidents shall be regarded as wartime.
Supplementary Provisions
Standing Committee of the National People's Congress listed in Appendix I of
this Law have been brought into this Law or shall not apply, and shall be
abolished as of the date of effectiveness of this Law.
Committee of the National People's Congress listed in Appendix II of this Law
shall be reserved, and the provisions involving administrative penalty and
administrative measures shall continue in effect; the provisions involving
criminal responsibility have been brought into this Law, and such provisions
in this Law shall apply as of the date of effectiveness of this Law.
Appendix I
by the Standing Committee of the National People's Congress have been brought
into this Law or shall not apply, and shall be abolished as of the date of
effectiveness of this Law:
of Servicemen Who Commit Crimes Contrary to Their Duties
Sabotage the Economy
Endanger public security
of Smuggling
Embezzlement and Bribery
Divulging State Secrets
Catching or Killing Precious and Endangered Species of Wildlife under
Special State Protection
National Flag and the National Emblem of the People's Republic of China
Excavating and Robbing Sites of Ancient Culture or Ancient Tombs
Aircraft Hijacking
? 11. Supplementary Provisions Concerning the Punishment of the Crimes of
Counterfeiting Registered Trademarks
Sale of Fake or Substandard Commodities
Copyright
Company Law
Through Labour and Persons Undergoing Rehabilitation Through Labour
Who Escape or Commit New Crimes
Appendix II
Standing Committee of the National People's Congress shall be reserved,
and the provisions involving administrative penalty and administrative
measures shall continue in effect; the provisions involving criminal
responsibility have been brought into this Law, and such provisions in
this Law shall apply as of the date of effectiveness of this Law:
Sell or Disseminate Pornographic Articles
Traffic In or Kidnap Women or Children
Whoring
Respect of Offence of Tax Evasion and Refusal to Pay Tax
Crimes of Organizing and Transporting Another Person to Secretly Cross
the National Boundary (Borderline)
Financial Order
Counterfeiting and Illegal Sale of Value-added Tax Invoices
literally, "compulsory restraint." It refers to a relatively light criminal
penalty applied to criminals who do not have to be confined in prison or a
place of reform through labour. When sentenced to public surveillance, a
criminal is required to report periodically to a public security organ on his
activities. At the same time, his case is announced to the masses in the
organization or work unit to which he belongs, giving them the responsibility
to watch over his behaviour.--Trans.
URL: http://www.asianlii.org/cn/legis/cen/laws/atcl217