Laws of the People's Republic of China

   Article 1. In accordance with the guiding ideas and fundamental principles of the Criminal Law of the People's Republic of China, these Regulations are formulated with a view to punishing servicemen for criminal acts in contravention of their duties, inculcating in them the conscientious performance of their duties and strengthening the combat effectiveness of the armed forces.

   Article 2. Any act of a serviceman on active duty of the Chinese People's Liberation Army that contravenes his duties and endangers the state's military interests and is punishable with criminal penalties by law constitutes a crime in contravention of a serviceman's duties. However, if the circumstances are clearly minor and the harm is not great, the act shall not be considered a crime and shall be dealt with in accordance with military discipline.

   Article 3. Any person who violates the provisions for use of weapons and equipment, if the circumstances are serious, and causes a major liability accident leading to severe injury or death of another person or other serious consequences shall be sentenced to imprisonment of not more than three years or criminal detention; and in cases where the consequences are especially serious, the sentence shall be imprisonment of not less than three years and not more than seven years.

   Article 4. Any person who discloses important military secrets of the state or loses documents or objects containing such secrets in violation of the laws and regulations on the protection of state military secrets, if the circumstances are serious, shall be sentenced to imprisonment of not more than seven years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three years and not more than ten years or, if the circumstances are especially serious, to imprisonment of not less than ten years or life imprisonment.

Any person who steals, collects or furnishes military secrets for the enemy or foreigners shall be sentenced to imprisonment of not less than ten years or life imprisonment or death.

   Article 5. Any person in command or on duty who leaves his post or neglects his duties, thereby causing serious consequences, shall be sentenced to imprisonment of not more than seven years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than five years.

   Article 6. Any person who deserts from the armed forces in violation of the military service law, if the circumstances are serious, shall be sentenced to imprisonment of not more than three years or criminal detention.

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three years and not more than seven years.

   Article 7. Any person who secretly crosses the national boundary (borderline) in order to flee the country shall be sentenced to imprisonment of not more than three years or criminal detention or, if the circumstances are serious, to imprisonment of not less than three years and not more than ten years. The punishment of such crimes during wartime shall be heavier than in time of peace.

   Article 8. Any serviceman on duty at the frontier or coastal defence line who out of improper personal considerations allows another person to cross the national boundary (borderline) without authorization shall be sentenced to imprisonment of not more than five years or criminal detention or, if the circumstances are serious, to imprisonment of not less than five years. The punishment of such crimes during wartime shall be heavier than in time of peace.

   Article 9. Any serviceman who abuses his power of office and maltreats or persecutes a subordinate, if the circumstances are so offensive as to have resulted in serious bodily injury of another person or other serious consequences, shall be sentenced to imprisonment of not more than five years or criminal detention. If he has caused the death of a person, he shall be sentenced to imprisonment of not less than five years.

   Article 10. Any person who, by force or threat, hinders commanding personnel or personnel on duty from performing their duties shall be sentenced to imprisonment of not more than five years or criminal detention or, if the circumstances are serious, to imprisonment of not less than five years. If the circumstances are especially serious, or a person's serious bodily injury or death is caused, the offender shall be sentenced to life imprisonment or death. The punishment of such crimes during wartime shall be heavier than in time of peace.

   Article 11. Any person who steals weapons, equipment or military supplies shall be sentenced to imprisonment of not more than five years or criminal detention or, if the circumstances are serious, to imprisonment of not less than five years and not more than ten years. If the circumstances are especially serious, he shall be sentenced to imprisonment of not less than ten years or life imprisonment. The punishment of such crimes during wartime shall be heavier than in time of peace, and the offender may be sentenced to death if the circumstances are especially serious.

   Article 12. Any person who destroys weapons, equipment or military installations shall be sentenced to imprisonment of not more than three years or criminal detention. Any person who destroys important weapons, equipment or military installations shall be sentenced to imprisonment of not less than three years and not more than ten years. If the circumstances are especially serious, he shall be sentenced to imprisonment of not less than ten years, life imprisonment or death. The punishment for such crimes during wartime shall be heavier than in time of peace.

   Article 13. Any person who inflicts bodily injury on himself, thus disqualifying himself from fulfilling his military obligation during wartime, shall be sentenced to imprisonment of not more than three years or, if the circumstances are serious, to imprisonment of not less than three years and not more than seven years.

   Article 14. Any person who fabricates rumours to mislead others and undermine army morale during wartime shall be sentenced to imprisonment of not more than three years or, if the circumstances are serious, imprisonment of not less than three years and not more than ten years.

Any person who colludes with the enemy to spread rumours so as to mislead others and undermine army morale shall be sentenced to imprisonment of not less than ten years or life imprisonment. If the circumstances are especially serious, he may be sentenced to death.

   Article 15. Any person who is directly responsible for deliberate abandonment of the wounded on the battlefield shall, if the circumstances are offensive, be sentenced to imprisonment of not more than three years.

   Article 16. Any serviceman who in fear of fighting deserts from his unit before a battle shall be sentenced to imprisonment of not more than three years or, if the circumstances are serious, to imprisonment of not less than three years and not more than ten years. If his desertion has caused serious losses to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life imprisonment or death.

   Article 17. Any serviceman who disobeys orders in battle, thereby jeopardizing the military operations, shall be sentenced to imprisonment of not less than three years and not more than ten years. If serious losses are caused to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life imprisonment or death.

   Article 18. Any serviceman who intentionally makes a false report about the military situation or communicates a false military order, thereby jeopardizing the military operations, shall be sentenced to imprisonment of not less than three years and not more than ten years. If serious losses are caused to a battle or campaign, he shall be sentenced to imprisonment of not less than ten years, life imprisonment or death.

   Article 19. Any serviceman who in fear of death on the battlefield voluntarily lays down his arms and surrenders to the enemy shall be sentenced to imprisonment of not less than three years and not more than ten years or, if the circumstances are serious, to imprisonment of not less than ten years or life imprisonment.

Any serviceman who, after surrendering to the enemy, works for the enemy shall be sentenced to imprisonment of not less than ten years, life imprisonment or death.

   Article 20. Any serviceman who plunders or mistreats innocent residents in areas of military operations shall be sentenced to imprisonment of not more than seven years or, if the circumstances are serious, to imprisonment of not less than seven years. If the circumstances are serious, he shall be sentenced to life imprisonment or death.

   Article 21. Any serviceman who maltreats prisoners of war, if the circumstances are offensive, shall be sentenced to imprisonment of not more than three years.

   Article 22. During wartime, any serviceman who commits a crime and is sentenced to imprisonment of not more than three years with a reprieve pronounced may, in consideration of the absence of actual danger from him, be allowed to atone for his crime by performing meritorious deeds. Should he truly perform meritorious deeds, the original sentence may be rescinded, and he shall not be punished as a criminal.

   Article 23. All servicemen on active duty who commit crimes not provided for in these Regulations shall be punished in accordance with the relevant articles of the Criminal Law of the People's Republic of China.

   Article 24. Servicemen whose crimes have caused great harm may, in addition, be deprived of their decorations, medals and titles of honour.

   Article 25. These Regulations are applicable to staff members and workers on the regular payroll of military establishments, who commit crimes covered in these Regulations.

   Article 26. These Regulations shall go into effect as of January 1, 1982.