The People's Republic of China Criminal Law (2017 Amendment)

(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 《the People's Republic of China Criminal Law AmendmentOn 31 August 2001 《(II) on the Amendment of the People's Republic of China Criminal LawOn December 29, 2001 《(III) on the Amendment of the People's Republic of China Criminal LawOn December 28, 2002 《(IV) on the Amendment of the People's Republic of China Criminal Law28 February 2005 《(V) on the Amendment of the People's Republic of China Criminal LawJune 29, 2006 《(VI) on the Amendment of the People's Republic of China Criminal LawOn February 28, 2009 《(VII) on the Amendment of the People's Republic of China Criminal LawOn February 25, 2011 《(VIII) on the Amendment of the People's Republic of China Criminal LawOn August 29, 2015 《(IX) on the Amendment of the People's Republic of China Criminal Law", November 4, 2017" the People's Republic of China criminal law amendment (X) "amendment)
Directory
Part I General Provisions
Chapter ICriminal LawThe mandate, basic principles and scope of application of
Chapter II Crimes
Section 1 Crime and Criminal Responsibility
Section 2 Preparation, Attempt and Discontinuation of Crime
Section 3 Joint Crimes
Section 4 Unit Crimes
Chapter III Penalty
Section 1 Types of Punishment
Section 2 Control
Section 3 Detention
Section 4 Fixed-term imprisonment and life imprisonment
Section 5 The Death Penalty
Section 6 Penalties
Section 7 Deprivation of Political Rights
Section 8 Confiscation of Property
Chapter IV Concrete Application of Penalty
Section 1 Sentencing
Section 2 Recidivism
Section 3 Surrender and Meritorious Service
Section 4 Multiple Crimes and Punishments
Section 5 Probation
Section 6 Commutation of Sentence
Section 7 Parole
Section VIII Time Limitation
Chapter V Other Provisions
Part II Sub-rules
Chapter I Crimes of Endangering State Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Destroying the Order of the Socialist Market Economy
Section 1 Crimes of Producing and Selling Fake and Substandard Commodities
Section 2 Crime of Smuggling
Section 3 Crimes of Impairing the Management Order of Companies and Enterprises
Section 4 Crimes of Destroying Financial Management Order
Section 5 Crime of Financial Fraud
Section 6 Crimes of Endangering Tax Collection and Administration
Section 7 Crimes of Infringing Intellectual Property Rights
Section 8 Crimes of Disrupting Market Order
Chapter IV Crimes of Infringing upon Citizens' Rights of the Person and Democratic Rights
Chapter V Offences against Property
Chapter VI Crimes of Impairing the Order of Social Administration
Section 1 Crimes of Disturbing Public Order
Section 2 Offences of Obstruction of Justice
Section 3 Crimes of Impairing State (Border) Administration
Section 4 Crimes of Impairing the Administration of Cultural Relics
Section 5 Crimes of Endangering Public Health
Section 6 Crimes of Destroying the Protection of Environmental Resources
Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotics
Section 8 Crimes of Organizing, Coercing, Inducing, Shelting or Introducing Prostitution
Section 9 Crimes of Producing, Selling and Disseminating Obscene Articles
Chapter VII Crimes of Endangering the Interests of National Defense
Chapter VIII Crimes of Corruption and Bribery
Chapter IX Crime of Dereliction of Duty
Chapter X Crimes of Servicemen Violating Their Duties
Supplementary Provisions
Part I General Provisions
Chapter ICriminal LawThe mandate, basic principles and scope of application of
Article 1
[Legislative Purpose] In order to punish crimes and protect the people, accordingConstitutionThis Law is formulated in the light of the specific experience and actual conditions of our country in the fight against crime.
Article 2 [Mandate of this Law]]the People's Republic of China Criminal LawThe task is to use penalties to fight against all criminal acts in order to protect national security, defend the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by the working people, protect citizens' privately owned property, and protect citizens' Personal rights, democratic rights and other rights, maintain social order and economic order, and ensure the smooth progress of socialist construction.
Article 3 [statutory crimes and punishments] If the law expressly stipulates that it is a criminal act, it shall be convicted and punished in accordance with the law; if the law does not expressly stipulate that it is a criminal act, it shall not be convicted and punished.
Article 4 [Equality in the Application of Criminal Law] All persons who commit crimes shall be equal in the application of the law. No one is allowed to have privileges beyond the law.
Article 5 The severity of the penalty shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.
Article 6 [Territorial Jurisdiction] This Law shall apply to anyone who commits a crime in the territory of the People's Republic of China, unless otherwise provided by law.
This Law shall also apply to anyone who commits a crime on board a People's Republic of China ship or aircraft.
If one of the acts or results of a crime occurs in the field of the People's Republic of China, it is considered a crime in the field of the People's Republic of China.
Article 7 [Jurisdiction ratione personae] If a People's Republic of China citizen commits a crime specified in this Law outside the the People's Republic of China area, this Law shall apply, but if the maximum penalty stipulated in this Law is fixed-term imprisonment of not more than three years, he may not be investigated.
This Law shall apply to the People's Republic of China State functionaries and servicemen who commit the crimes stipulated in this Law outside the field of the People's Republic of China.
Article 8 [Protection of Jurisdiction] Where a foreigner commits a crime against a People's Republic of China state or citizen outside the territory of the People's Republic of China, and the minimum penalty provided for in this Law is fixed-term imprisonment of not less than three years, this Law may be applied, except where the crime is not punishable under the law of the place where it was committed.
Article 9 [Universal Jurisdiction] This Law shall apply to crimes provided for in international treaties concluded or acceded to by the People's Republic of China, where the the People's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations.
Article 10 [Negative Recognition of Foreign Criminal Judgments] Anyone who commits a crime outside the the People's Republic of China area and should bear criminal responsibility in accordance with this Law may still be investigated in accordance with this Law even though he has been tried by a foreign country, but if he has already received criminal punishment in a foreign country, the punishment may be exempted or mitigated.
Article 11 [Immunity from Criminal Jurisdiction of Diplomatic Agents] The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.
Article 12 【Criminal LawRetrospective effect] after the establishment of the the People's Republic of China, if the law at that time does not consider it a crime, the law at that time shall apply; if the law at that time considers it a crime, if it should be prosecuted in accordance with the provisions of section 8 of chapter IV of the general provisions of this law, criminal responsibility shall be investigated in accordance with the law at that time, but if this law does not consider it a crime or the punishment is lighter, this law shall apply.
Before this Law comes into force, judgments rendered in accordance with the laws at the time in force shall remain in force.
 
Chapter II Crimes
Section 1 Crime and Criminal Responsibility
Article 13
[concept of crime] all acts that endanger national sovereignty, territorial integrity and security, split the country, subvert the regime of the people's democratic dictatorship and overthrow the socialist system, undermine social and economic order, infringe upon state-owned property or property collectively owned by the working masses, infringe upon citizens' private property, infringe upon citizens' personal rights, democratic rights and other rights, and other acts that endanger society shall be punished in accordance with the law, they are all crimes, but if the circumstances are significantly minor and the harm is not great, they are not considered crimes.
Article 14 [Intentional Crimes] A person who clearly knows that his or her actions will result in harm to society, and hopes or allows such results to occur, thus constituting a crime, is an intentional crime.
Whoever commits an intentional crime shall bear criminal responsibility.
Article 15 [Negligent Crimes] A person who should foresee the possible consequences of his or her actions that may endanger society because he or she did not foresee them due to negligence, or had foreseen them and believed that they could be avoided, so that such consequences occur, is a negligent crime.
Criminal responsibility shall be borne only if the law provides for a negligent crime.
Article 16 [Force Majeure and Accident] Although an act objectively causes damage, it is not a crime if it is not caused by intention or negligence, but by irresistible or unforeseeable reasons.
Article 17 [Age of Criminal Responsibility] If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility.
A person who has reached the age of 14 but not the age of 16 who commits the crimes of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or poisoning shall bear criminal responsibility.
If a person who has reached the age of fourteen but not the age of eighteen commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of 16, his parents or guardians shall be ordered to discipline him; when necessary, he may also be taken in by the government for reeducation.
Article 17 1 [Age of Criminal Responsibility] If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; if he commits a negligent crime, he shall be given a lighter or mitigated punishment.
Article 18 [criminal responsibility capacity of special personnel] if a mental patient causes harmful results when he is unable to identify or control his own behavior, he shall not bear criminal responsibility if it is identified and confirmed by legal procedures, but his family members or guardians shall be ordered to take strict care and medical treatment; when necessary, medical treatment shall be compulsory by the government.
Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility.
If a mental patient who has not completely lost the ability to recognize or control his own conduct commits a crime, he shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
A drunk person who commits a crime shall bear criminal responsibility.
Article 19 [Criminal Responsibility of Deaf-mute or Blind Persons for Crimes] A deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.
Article 20 [justifiable defense] in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing unlawful infringement, acts taken to stop unlawful infringement and cause damage to the unlawful infringer shall be justifiable defense and shall not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes serious damage, he shall bear criminal responsibility, but the punishment shall be mitigated or exempted.
Those who take defensive acts against ongoing assaults, murders, robberies, rapes, kidnappings and other violent crimes that seriously endanger personal safety, resulting in casualties of unlawful infringers, shall not be over-defended and shall not bear criminal responsibility.
Article 21 [Emergency Avoidance] In order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing dangers, emergency avoidance actions that have to be taken and cause damage shall not be held criminally responsible.
If emergency avoidance exceeds the necessary limit and causes undue damage, he shall bear criminal responsibility, but the punishment shall be mitigated or exempted.
The provisions of paragraph 1 concerning the avoidance of personal danger shall not apply to persons who have specific responsibilities in the field of office or business.
 
Section 2 Preparation, Attempt and Discontinuation of Crime
Article 22
[Crime Preparation] In order to commit a crime, those who prepare tools and create conditions are crime preparation.
The preparatory offender may be given a lighter or mitigated punishment or be exempted from punishment in comparison with the accomplished offender.
Article 23 [Attempted crime] If a crime has already been committed and fails to succeed due to reasons other than the will of the criminal, it is an attempted crime.
The attempted offender may be given a lighter or mitigated punishment in comparison with the accomplished offender.
Article 24 [Discontinuation of a crime] In the course of a crime, a crime is suspended if the crime is automatically abandoned or the result of the crime is automatically and effectively prevented.
If the suspended offender causes no damage, he shall be exempted from punishment; if he causes damage, he shall be given a mitigated punishment.
 
Section 3 Joint Crimes
Article 25
[The concept of joint crime] Joint crime refers to the joint intentional crime of two or more people.
A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be punished separately according to the crimes they have committed.
Article 26 A principal offender shall be a person who organizes or leads a criminal group to carry out criminal activities or plays a major role in a joint crime.
A relatively fixed criminal organization formed by more than three persons for the purpose of jointly committing a crime is a criminal group.
Ringleaders who organize or lead a criminal group shall be punished according to all the crimes committed by the group.
The principal offenders other than those specified in the third paragraph shall be punished in accordance with all the crimes in which they participated or organized or directed.
Article 27 An accessory is an accessory who plays a secondary or auxiliary role in a joint crime.
An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.
Article 28 A person who is coerced to participate in a crime shall be given a mitigated punishment or be exempted from punishment in accordance with the circumstances of the crime.
Article 29 Whoever instigates another person to commit a crime shall be punished according to the role he plays in the joint crime. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.
If the instigated person does not commit the instigated crime, the instigator may be given a lighter or mitigated punishment.
 
Section 4 Unit Crimes
Article 30
[Scope of Criminal Responsibility of Units] Companies, enterprises, institutions, agencies, and organizations that commit acts that endanger society, which are stipulated by law as unit crimes, shall bear criminal responsibility.
Article 31 [Principles of Punishment for Unit Crimes] Where a unit commits a crime, the unit shall be sentenced to a fine, and the persons directly in charge and other persons directly responsible shall be sentenced to penalties. Where there are other provisions in the specific provisions of this Law and other laws, such provisions shall prevail.
 
Chapter III Penalty
Section 1 Types of Punishment
Article 32
[Principal Punishment and Additional Punishment] Penalties are divided into principal punishment and additional punishment.
Article 33 [Types of Principal Penalties] The types of principal penalties are as follows:
(I) control;
(II) detention;
(III) imprisonment;
(IV) life imprisonment;
(V) the death penalty.
Article 34 [Types of Additional Penalties] The types of additional penalties are as follows:
(I) fines;
(II) deprivation of political rights;
(III) confiscation of property.
Additional penalties can also be applied independently.
Article 35 [Expulsion] For aliens who commit crimes, expulsion may be applied independently or in addition.
Article 36 [Principle of Compensation for Economic Losses and Civil Priority] Where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses in accordance with the circumstances in addition to criminal penalties in accordance with the law.
If a criminal who bears civil liability for compensation is sentenced to a fine at the same time, if his property is not enough to pay in full, or if he is sentenced to confiscation of property, he shall first bear civil liability for compensation to the victim.
Article 37 [non-penal measures] if the circumstances of the crime are minor and do not need to be sentenced, they may be exempted from criminal punishment, but according to the different circumstances of the case, they may be admonished or ordered to make a statement of repentance, make an apology, compensate for losses, or be subject to administrative punishment or administrative sanctions by the competent department.
Article 37 [Provisions on Prohibition of Employment] If a person is sentenced to a penalty for using professional convenience to commit a crime or committing a crime that violates a specific obligation required by the profession, the people's court may, in accordance with the circumstances of the crime and the need to prevent re-offending, prohibit him from being sentenced. Engage in related occupations from the date of execution or parole, for a period of three to five years.
If a person who is prohibited from engaging in the relevant occupation violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, he shall be punished by the public security organ in accordance with the law; if the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Where other laws and administrative regulations prohibit or restrict their engagement in relevant occupations, such provisions shall prevail.
 
Section 2 Control
Article 38
[Duration of Control and Executing Authority] The duration of control shall be not less than three months and not more than two years.
The sentence of control may, according to the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas and places, and contacting specific people during the execution period.
Criminals sentenced to public surveillance shall be subject to community correction in accordance with the law.
In violation of the prohibition order stipulated in the second paragraph, the public security organ shall, in accordance with 《the People's Republic of China Public Security Administration Punishment LawThe provision of penalties.
Article 39 [Duties and Rights of Criminals under Control] A criminal sentenced to public control shall, during the period of execution, abide by the following provisions:
(I) abide by laws and administrative regulations and obey supervision;
(II) shall not exercise their rights to freedom of speech, of the press, of assembly, of association, of procession and of demonstration without the approval of the executive organ;
(III) report their own activities in accordance with the regulations of the executing organ;
(IV) comply with the regulations of the executive organ on meeting visitors;
If a (V) leaves the city or county where he lives or moves his residence, it shall be reported to the executive organ for approval.
Criminals sentenced to public surveillance shall receive equal pay for equal work.
Article 40 [Lifting of Control Period] For criminals sentenced to public control, the enforcement agency shall announce the lifting of control to themselves and the people in their units or places of residence when the control period expires.
Article 41 [Calculation and Offset of Sentences under Control] The term of imprisonment under control shall be counted from the date of execution of the judgment; if the sentence is taken into custody before the execution of the judgment, one day of detention shall be used as an allowance for two days of the sentence.
 
Section 3 Detention
Article 42
[Term of Detention] The term of detention shall be not less than one month and not more than six months.
Article 43 [Execution of Criminal Detention] A criminal sentenced to criminal detention shall be executed by a public security organ in the vicinity.
During the period of execution, criminals sentenced to criminal detention may go home for one to two days a month; those who participate in labor may be paid at their discretion.
Article 44 [Calculation and Offset of the Sentence of Criminal Detention] The term of criminal detention shall be counted from the date of execution of the judgment; if a person is detained before the execution of the judgment, one day in custody shall be credited to one day of the sentence.
 
Section 4 Fixed-term imprisonment and life imprisonment
Article 45
[Term of fixed-term imprisonment] The term of fixed-term imprisonment shall, except as provided in Articles 50 and 69 of this Law, be not less than six months and not more than fifteen years.
Article 46 [Execution of fixed-term imprisonment and life imprisonment] Criminals sentenced to fixed-term imprisonment or life imprisonment shall be executed in a prison or other place of execution; all those who have the ability to work shall participate in labor and receive education and reform.
Article 47 [Calculation and offset of fixed-term imprisonment] The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; if the person is detained before the execution of the judgment, one day in custody shall be offset to one day of the sentence.
 
Section 5 The Death Penalty
Article 48
[Applicable objects and approval procedures of death penalty and death penalty with reprieve] The death penalty is only applicable to criminals with extremely serious crimes. For criminals who should be sentenced to death, if it is not necessary to carry out the death penalty immediately, a two-year suspension of execution may be announced at the same time.
All death sentences, except those adjudicated by the Supreme People's Court according to law, shall be submitted to the Supreme People's Court for approval. A death sentence with a suspension of execution may be decided or approved by a higher people's court.
Article 49 The death penalty shall not apply to persons under the age of 18 at the time of the crime and to women who are pregnant at the time of trial.
The death penalty shall not apply to persons who have reached the age of 75 at the time of trial, except where death is caused by particularly cruel means.
Article 50 [Change of death sentence with suspension of execution] If there is no intentional crime during the period of suspension of execution, it shall be commuted to life imprisonment after the expiration of the two-year period; if there is a significant meritorious service, it shall be commuted to 25-year fixed-term imprisonment after the expiration of the two-year period; if the intentional crime is serious, the death penalty shall be executed after the approval of the Supreme People's Court, the period of suspension of execution of the death penalty shall be recalculated and reported to the Supreme People's Court for the record.
For recidivists sentenced to death with a reprieve and criminals sentenced to death with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes, the people's court may, in the light of the circumstances of the crime, at the same time, decide to restrict and commute their sentences.
Article 51 The period of suspension of execution of a death sentence shall be counted from the date on which the sentence is determined. The term of fixed-term imprisonment reduced from a death sentence with suspension of execution shall be counted from the date on which the suspension of execution expires.
 
Section 6 Penalties
Article 52
[Discretion of the Amount of Fine] Where a fine is imposed, the amount of the fine shall be determined according to the circumstances of the crime.
Article 53 [Payment of Fines] Fines shall be paid in one lump sum or in installments within the time limit specified in the judgment. If the payment is not made at the expiration of the period, the payment shall be compulsory. If the fine cannot be paid in full, the people's court shall, at any time, find that the person subject to execution has property that can be enforced, and shall recover it at any time.
If it is really difficult to pay due to irresistible disasters and other reasons, the people's court may postpone the payment, reduce it or exempt it as appropriate.
 
Section 7 Deprivation of Political Rights
Article 54
Deprivation of political rights means deprivation of the following rights:
(I) the right to vote and stand for election;
(II) the rights to freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
(III) the right to hold posts in State organs;
(IV) the right to hold leading positions in state-owned companies, enterprises, institutions and people's organizations.
Article 55 [Term of Deprivation of Political Rights] The term of deprivation of political rights shall be not less than one year and not more than five years, except as stipulated in Article 57 of this Law.
Where a sentence of public surveillance is imposed with deprivation of political rights, the term of deprivation of political rights shall be equal to the term of public surveillance and shall be executed simultaneously.
Article 56 [Additional and independent application of deprivation of political rights] Criminals who endanger national security shall be additionally deprived of political rights; criminals who deliberately commit homicide, rape, arson, explosion, poisoning, robbery and other crimes that seriously disrupt social order may be additionally deprived of political rights.
Where deprivation of political rights is applied independently, the provisions of the specific provisions of this Law shall apply.
Article 57 [Application of deprivation of political rights to criminals sentenced to death or life imprisonment] Criminals sentenced to death or life imprisonment shall be deprived of political rights for life.
When a death sentence with a suspension of execution is commuted to a fixed-term imprisonment or a life imprisonment is commuted to a fixed-term imprisonment, the period of additional deprivation of political rights shall be changed to not less than three years and not more than ten years.
Article 58 [Calculation, Effectiveness and Execution of Sentences Deprived of Political Rights] The additional term of deprivation of political rights shall be calculated from the date of completion of imprisonment or criminal detention or from the date of parole; the effect of deprivation of political rights shall, of course, be applied during the period of execution of the principal sentence.
Criminals deprived of political rights shall, during the period of execution, abide by laws, administrative regulations and the provisions of the public security department under the State Council on supervision and management, and submit to supervision; they shall not exercise the rights stipulated in Article 54 of this Law.
 
Section 8 Confiscation of Property
Article 59
[Scope of Confiscation of Property] Confiscation of property is the confiscation of part or all of the personal property of criminals. In the case of confiscation of all property, the necessary living expenses shall be reserved for the individual criminal and his dependent family members.
When a sentence of confiscation of property is imposed, property that belongs to or is due to the family members of the criminal shall not be confiscated.
Article 60 [Repayment of debts with confiscated property] If the legitimate debts incurred by the criminal prior to the confiscation of property need to be repaid with the confiscated property, they shall be repaid at the request of the creditor.
 
Chapter IV Concrete Application of Penalty
Section 1 Sentencing
Article 61
[general principles of sentencing] when deciding the penalty for criminals, they shall be sentenced in accordance with the relevant provisions of this law according to the facts of the crime, the nature and circumstances of the crime and the degree of harm to society.
Article 62 [heavier punishment and lighter punishment] if a criminal has the circumstances of heavier punishment or lighter punishment as provided for in this Law, he shall be sentenced to a penalty within the limits of the legal penalty.
Article 63 [Mitigated Punishment] If a criminal has the circumstances of mitigated punishment stipulated in this Law, he shall be sentenced to a penalty below the statutory penalty; if there are several sentencing ranges stipulated in this Law, he shall be sentenced to a penalty within the next sentencing range of the statutory sentencing range.
Although the criminal does not have the mitigating circumstances provided for in this Law, he may, in light of the special circumstances of the case and with the approval of the Supreme People's Court, be sentenced to a penalty below the statutory penalty.
Article 64 [Handling of Criminal Articles] All property illegally obtained by a criminal shall be recovered or ordered to be returned; the lawful property of the victim shall be returned in a timely manner; contraband and the personal property used in the crime shall be confiscated. All confiscated property and fines shall be turned over to the State Treasury and shall not be misappropriated or disposed of on their own.
 
Section 2 Recidivism
Article 65
[General recidivist] Criminals who have been sentenced to fixed-term imprisonment or more, after the execution of the sentence or pardon, repeat the crime that should be sentenced to fixed-term imprisonment or more within five years, are recidivists and should be severely punished, but negligent crimes and crimes committed by people under 18 years of age are excluded.
The time limit prescribed in the preceding paragraph shall be calculated from the date of the expiration of parole for criminals who are released on parole.
Article 66 [Special recidivism] Criminals who commit crimes endangering national security, crimes of terrorist activities, and organized crimes of a triad nature, after the execution of the sentence or pardon, and commit any of the above-mentioned crimes at any time, shall be punished as recidivists.
 
Section 3 Surrender and Meritorious Service
Article 67
[Surrender] A person who voluntarily surrendered after committing a crime and truthfully confessed his crime is a person who surrendered himself. A criminal who surrendered himself may be given a lighter or mitigated punishment. Among them, those who have committed relatively minor crimes may be exempted from punishment.
Criminal suspects, defendants and criminals serving sentences who have been taken compulsory measures and who truthfully confess their other crimes that the judicial organs have not yet grasped shall be regarded as voluntary surrender.
Although a criminal suspect does not have the circumstances of voluntary surrender as stipulated in the preceding two paragraphs, if he truthfully confesses his crime, he may be given a lighter punishment; if he truthfully confesses his crime and avoids the occurrence of particularly serious consequences, the punishment may be mitigated.
Article 68 [Meritorious Service] If a criminal has performed meritorious service such as exposing the criminal acts of others, verified the facts, or providing important clues, thereby being able to solve other cases, he may be given a lighter or mitigated punishment; if he has performed significant meritorious service, he may be given a mitigated punishment. Or exempt from punishment.
 
Section 4 Multiple Crimes and Punishments
Article 69
[General Principle of Combined Punishment for Several Crimes] If the judgment declares that a person has committed several crimes before, except for the death penalty and life imprisonment, the sentence shall be less than the total sentence and more than the maximum sentence among the several sentences, and the sentence to be executed shall be determined as appropriate, but the maximum control shall not exceed Three years, the maximum detention shall not exceed one year, and the total sentence shall not exceed twenty years, maximum not more than 25 years.
If one of the several crimes is sentenced to fixed-term imprisonment or criminal detention, the offender shall be sentenced to fixed-term imprisonment. If there is a sentence of fixed-term imprisonment and public surveillance, or criminal detention and public surveillance, the public surveillance shall still be carried out after the execution of the fixed-term imprisonment or criminal detention is completed.
If there are additional punishments for several crimes, the additional punishments shall still be executed. If the additional punishments are of the same type, they shall be executed together, and if the additional punishments are of different types, they shall be executed separately.
Article 70 [Concurrent punishment for crimes found missing after the judgment is pronounced] After the judgment is pronounced, before the execution of the penalty is completed, if it is found that the sentenced criminal has other crimes that have not been judged before the judgment is pronounced, a judgment shall be made on the newly discovered crime, and the penalties imposed by the two judgments shall be determined in accordance with the provisions of Article 69 of this Law. The term of imprisonment already served shall be counted within the term of imprisonment decided by the new judgment.
Article 71 [Concurrent punishment for new crimes committed after the judgment has been pronounced] If the sentenced criminal commits another crime after the judgment has been pronounced and before the execution of the penalty has been completed, a judgment shall be made for the newly committed crime, and the penalty not executed for the previous crime and the penalty imposed for the subsequent crime shall be determined in accordance with the provisions of Article 69 of this Law.
 
Section 5 Probation
Article 72
[applicable conditions] for criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years, if they meet the following conditions at the same time, a suspended sentence may be announced. For those under the age of 18, pregnant women and those who have reached the age of 75, a suspended sentence shall be announced:
the circumstances of the (I) crime are relatively minor;
(II) shows repentance;
(III) there is no danger of re-offending;
The (IV)'s probation had no significant adverse effects on the community in which it lived.
Declaring a suspended sentence may, according to the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas, places, and contacting specific people during the probation period of the suspended sentence.
If a criminal who has been sentenced to a suspended sentence is sentenced to an additional sentence, the additional sentence shall still be executed.
Article 73 The probation period for suspension of criminal detention shall be not less than the original sentence but not more than one year, but shall not be less than two months.
The probation period for suspension of fixed-term imprisonment shall be not less than the original sentence and not more than five years, but shall not be less than one year.
The probation period for probation shall be calculated from the date on which the judgment is determined.
Article 74 [Suspended sentence shall not apply to recidivists] Suspended sentence shall not apply to recidivists and ringleaders of criminal syndicates.
Article 75 A criminal who has been given a suspended sentence shall abide by the following provisions:
(I) abide by laws and administrative regulations and obey supervision;
(II) report their own activities in accordance with the regulations of the inspection organ;
(III) abide by the inspection organ's regulations on meeting visitors;
If the (IV) leaves the city or county where he or she lives or relocates, it shall be reported to the inspection organ for approval.
Article 76 [Test of Probation and Its Positive Consequences] For criminals who have been sentenced to probation, community corrections shall be implemented in accordance with the law during the probation period of probation. If there are no circumstances specified in Article 77 of this Law, the probation period of probation expires. The original sentence will no longer be executed and it will be publicly announced.
Article 77 [Revocation of suspended sentence and its handling] If a criminal who has been sentenced to suspended sentence commits a new crime within the probation period of suspended sentence or discovers that there are other crimes that have not been sentenced before the judgment is pronounced, the suspended sentence shall be revoked, a judgment shall be made on the newly committed crime or newly discovered crime, and the punishment to be executed shall be determined in accordance with the provisions of Article 69 of this Law.
If a criminal who has been sentenced to probation violates laws, administrative regulations or the supervision and management regulations of the relevant department of the State Council on probation, or violates the prohibition order in the judgment of the people's court, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence shall be executed.
 
Section 6 Commutation of Sentence
Article 78
[Conditions and limits of commutation] Criminals who have been sentenced to public surveillance, criminal detention, fixed-term imprisonment, or life imprisonment, during the execution period, if they earnestly abide by the prison regulations, receive education and reform, and have shown repentance, or have performed meritorious service, their sentences can be commuted; If one of the following major meritorious services is performed, the sentence shall be commuted:
(I) to prevent other people's major criminal activities;
(II) report major criminal activities inside and outside the prison, which have been verified to be true;
(III) inventions or major technological innovations;
(IV) sacrificing themselves to save others in daily production and life;
(V) outstanding performance in resisting natural disasters or eliminating major accidents;
(VI) other significant contributions to the country and society.
The term of the sentence actually executed after the commutation may not be less than the following periods:
(I) sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than 1/2 of the original sentence;
(II) sentenced to life imprisonment may not be less than 13 years;
The (III) people's court, in accordance with the provisions of the second paragraph of Article 50 of this law, restricts the commutation of the death penalty to a criminal with a suspension of execution, which shall not be less than 25 years after the suspension of execution expires, and shall not be less than 20 years after the suspension of execution expires.
Article 79 [commutation procedure] for the commutation of a criminal's sentence, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. The people's court shall form a collegial panel to conduct the trial and, if there is a definite fact of repentance or meritorious service, rule that the sentence shall be commuted. The sentence may not be reduced without going through legal procedures.
Article 80 [Calculation of Sentences for commutation of Life Imprisonment] The term of fixed-term imprisonment that is commuted from life imprisonment shall be counted from the date of commutation of sentence.
 
Section 7 Parole
Article 81
[Applicable conditions for parole] Criminals who have been sentenced to fixed-term imprisonment, who have executed the original sentence of more than 1/2, and who have been sentenced to life imprisonment, have actually executed for more than 13 years. If they earnestly abide by the prison regulations and receive education and reform, they do show repentance. If there is no danger of committing a crime again, they can be released on parole. If there are special circumstances, with the approval of the Supreme People's Court, it may not be subject to the above-mentioned restrictions on the execution of the sentence.
No parole shall be granted to recidivists and criminals who have been sentenced to fixed-term imprisonment of more than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.
When deciding on parole for criminals, consideration should be given to the impact of parole on the community in which they live.
Article 82 [Procedure for Parole] The parole of a criminal shall be granted in accordance with the procedure provided for in Article 79 of this Law. No parole is allowed without legal procedure.
Article 83 [Test Period for Parole] The test period for parole for fixed-term imprisonment shall be the term of imprisonment that has not been completed; the test period for parole for life imprisonment shall be ten years.
The probation period for parole shall be calculated from the date of parole.
Article 84 A criminal who is granted parole shall abide by the following provisions:
(I) abide by laws and administrative regulations and obey supervision;
(II) report on their activities in accordance with the regulations of the supervisory organs;
(III) comply with the regulations of the supervisory authority on meeting visitors;
If a (IV) leaves the city or county where he lives or relocates, it shall be reported to the supervisory authority for approval.
Article 85 [Parole Test and Its Positive Consequences] For criminals on parole, community corrections shall be implemented in accordance with the law during the parole test period. If there are no circumstances specified in Article 86 of this Law, the parole test period expires. The original sentence has been executed and announced publicly.
Article 86 [Revocation of parole and its handling] If a criminal who has been released on parole commits a new crime within the probation period for parole, his parole shall be revoked and a combined punishment for several crimes shall be implemented in accordance with the provisions of Article 71 of this Law.
If, within the probation period for parole, it is found that the criminal on parole has other crimes that have not been sentenced before the judgment is pronounced, the parole shall be revoked and combined punishment for several crimes shall be implemented in accordance with the provisions of Article 70 of this Law.
If a criminal who has been released on parole violates laws, administrative regulations or the provisions of the relevant department of the State Council on the supervision and management of parole during the probation period for parole, and has not yet constituted a new crime, the parole shall be revoked in accordance with legal procedures, and the unexecuted penalty shall be executed in prison.
 
Section VIII Time Limitation
Article 87
[Limitation Period] The crime shall not be prosecuted after the following periods:
If the maximum punishment (I) prescribed by law is fixed-term imprisonment of less than five years, five years have elapsed;
Ten years of fixed-term imprisonment (II) the maximum punishment prescribed by law is not less than five years but less than 10 years;
Fifteen years, when the maximum penalty for (III) is fixed-term imprisonment of not less than ten years;
Twenty years have passed when the maximum punishment prescribed by law is (IV) to be life imprisonment or the death penalty. If, after 20 years, prosecution is deemed necessary, it must be submitted to the Supreme People's Procuratorate for approval.
Article 88 [Extension of Time Limit for Prosecution] Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ has placed a case on file for investigation or accepted by the people's court shall not be subject to the time limit for prosecution.
If the victim files a complaint within the time limit for prosecution, and the people's court, the people's procuratorate, or the public security organ should file the case but does not file the case, the time limit for prosecution shall not be limited.
Article 89 [Calculation and Interruption of the Time Limit for Prosecution] The time limit for prosecution shall be calculated from the date of the crime; if the criminal act is in a continuous or continuing state, it shall be calculated from the date of the end of the criminal act.
If a crime is committed again within the time limit for prosecution, the time limit for prosecution for the previous crime shall be counted from the date of the subsequent crime.
 
Chapter V Other Provisions
Article 90
national autonomous areaCriminal LawApplicable modifications] If the provisions of this law cannot be fully applied in ethnic autonomous areas, the people's congresses of autonomous regions or provinces may formulate alternative or supplementary provisions in accordance with the political, economic, and cultural characteristics of the local ethnic groups and the basic principles stipulated in this law. Report to the Standing Committee of the National People's Congress for approval and implementation.
Article 91 [Scope of Public Property] The term "public property" in this Law refers to the following property:
(I) of state-owned property;
(II) property collectively owned by the working masses;
(III) the property of social donations or special funds used for poverty alleviation and other public welfare undertakings.
Private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations shall be treated as public property.
Article 92 [Scope of Private Property of Citizens] The term "private property of citizens" as mentioned in this Law refers to the following property:
(I) citizens' lawful income, savings, houses and other means of subsistence;
(II) the means of production owned by individuals and families in accordance with the law;
(III) the lawful property of self-employed and private enterprises;
(IV) shares, stocks, bonds and other property owned by individuals in accordance with the law.
Article 93 [Scope of State functionaries] The term "state functionaries" as used in this Law refers to persons engaged in public service in state organs.
Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel assigned by state organs, state-owned companies, enterprises and institutions to non-state-owned companies, enterprises, institutions and social organizations, and other personnel engaged in public service in accordance with the law shall be considered as state functionaries.
Article 94 [Scope of Judicial Staff] The term "judicial staff" as used in this Law refers to the staff who have the functions of investigation, prosecution, adjudication and supervision.
Article 95 [Serious injury] The serious injury mentioned in this Law refers to the injury caused by one of the following circumstances:
(I) that maim a person's body or disfigure a person's appearance;
(II) causes people to lose their hearing, vision or other organ functions;
(III) other serious harm to human health.
Article 96 [Meaning of violation of state regulations] The term "violation of state regulations" as mentioned in this Law refers to violation of the laws and decisions formulated by the National People's Congress and its Standing Committee, the administrative regulations formulated, the prescribed administrative measures, and the issued decisions and orders issued by the State Council.
Article 97 [Scope of Ringleader] The term "ringleader" as used in this Law refers to a criminal element who plays the role of organizing, planning or directing a criminal group or a crowd to commit a crime.
Article 98 [Meaning of Handling Only After Telling] The term "handling only after telling" as mentioned in this Law means that the victim shall be dealt with only after telling. If the victim is unable to tell because of coercion or intimidation, the People's Procuratorate and the victim's close relatives may also tell.
Article 99 [Definition of above, below and within] In this Law, the terms above, below and within include this number.
Article 100 [criminal record reporting system] when enlisted in the army or employed, a person who has received criminal punishment according to law shall truthfully report to the relevant units that he has received criminal punishment, and shall not conceal it.
A person who, at the time of the crime, was under the age of 18 and was sentenced to not more than five years' imprisonment shall be exempted from the obligation to report as provided for in the preceding paragraph.
Article 101 [Effect of General Provisions] The general provisions of this Law shall apply to other laws that provide for penalties, except where there are special provisions in other laws.
 
Part II Sub-rules
Chapter I Crimes of Endangering State Security
Article 102
[crime of betrayal of the state] whoever colludes with foreign countries and endangers the sovereignty, territorial integrity and security of the People's Republic of China countries shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years.
Whoever, in collusion with institutions, organizations or individuals outside the territory, commits the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Article 103 [Crime of Secession] Anyone who organizes, plans, or implements secession of the country or undermines national unity shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years for the ringleaders or serious crimes; those who actively participate shall be sentenced to three years Fixed-term imprisonment of not less than ten years; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or deprivation of political rights.
[crime of inciting secession] whoever incites secession or undermines national unity shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the ringleader or the crime is serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 104 [crime of armed rebellion and riot] whoever organizes, plans or carries out armed rebellion or armed riot shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years for the ringleaders or serious crimes; those who actively participate in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; those who participate in it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever instigated, coerced, seduced or bribed State functionaries, members of the armed forces, the people's police or the militia to commit armed rebellion or armed riot shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 105 [Crime of Subversion of State Power] Whoever organizes, plans, or implements subversion of state power or overthrows the socialist system shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years for the ringleaders or serious crimes; for those who actively participate, Sentenced to fixed-term imprisonment of not less than three years and not more than ten years; for other participants, sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or deprivation of political rights.
[crime of inciting subversion of state power] whoever incites subversion of state power or overthrows the socialist system by spreading rumors, slander or other means shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the ringleader or the crime is serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 106 [Provisions on Penalties for Collusion with Overseas] Those who collude with overseas institutions, organizations, or individuals to commit the crimes specified in Articles 103, 104, and 105 of this chapter shall be punished in accordance with the provisions of each Article.
Article 107 [Crime of Funding Criminal Activities Endangering National Security] Domestic and foreign institutions, organizations or individuals subsidize the implementation of Articles 102, 103, 104, and 105 of this chapter. Those who are directly responsible 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, they shall be sentenced to fixed-term imprisonment of not less than five years.
Article 108 [crime of defecting to the enemy] whoever defers 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 or lead members of the armed forces, people's police or militia to defy the enemy, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 109 [crime of defection] any functionary of a state organ who, during the performance of his official duties, leaves his post without permission, defects abroad or defects abroad shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.
Any state functionary who has state secrets defected or defected abroad shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 110 Whoever commits one of the following acts of espionage and endangers State security shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:
(I) to participate in espionage organizations or accept missions from espionage organizations and their agents;
(II) indicating the target of bombardment for the enemy.
Article 111 [Crimes of stealing, spying, buying, or illegally providing state secrets or intelligence for overseas] Whoever steals, spies, buys, or illegally provides state secrets or intelligence for overseas institutions, organizations, or personnel shall be sentenced to not less than five years Fixed-term imprisonment of not less than ten years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstances are relatively minor, he shall be sentenced to fixed-term.
Article 112 [Crime of Mastering the Enemy] Whoever supplies the enemy with weapons and equipment or military materials in wartime shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 113 [Provisions on the Application of Death Penalty and Confiscation of Property for Crimes Endangering National Security] Among the above-mentioned crimes against national security in this chapter, except for the second paragraph of Article 103, Article 105, Article 107, Except for Article 109, those who endanger the country and the people especially seriously and the circumstances are especially bad may be sentenced to death.
Anyone who commits any of the crimes mentioned in this Chapter may also be sentenced to confiscation of property.
 
Chapter II Crimes of Endangering Public Security
Article 114
[crime of arson] [crime of breaking water] [crime of explosion] [crime of throwing dangerous substances] [crime of endangering public safety by dangerous means] arson, breaking water, explosion and throwing toxic, radioactive, infectious disease pathogens and other substances or endangering public safety by other dangerous means, if no serious consequences have been caused, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 [crime of arson] [crime of breaking water] [crime of explosion] [crime of throwing dangerous substances] [crime of endangering public security by dangerous means] arson, breaking water, explosion and throwing toxic, radioactive, infectious disease pathogens and other substances or other dangerous methods to cause serious injury or death or cause heavy losses to public and private property, He shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
[crime of fire] [crime of negligent water control] [crime of negligent explosion] [crime of negligent throwing of dangerous substances] [crime of negligent endangering public security by dangerous means] whoever commits the crime mentioned in the preceding paragraph by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 116 [Crime of sabotaging means of transportation] Whoever sabotages a train, automobile, tram, vessel, or aircraft, which is sufficient to cause the train, automobile, tram, vessel, or aircraft to capsize or destroy, but has not caused serious consequences, shall be sentenced to three years Fixed-term imprisonment of not less than ten years.
Article 117 [Crime of Destroying Traffic Facilities] Destroying tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carrying out other destructive activities is sufficient to cause trains, automobiles, trams, ships, or aircraft to capsize or destroy If the danger has not caused serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 118 [crime of sabotaging electrical equipment] [crime of sabotaging flammable and explosive equipment] whoever destroys electricity, gas or other flammable and explosive equipment and endangers public safety without causing serious consequences shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Article 119 [crime of sabotaging means of transport] [crime of sabotaging traffic facilities] [crime of sabotaging electrical equipment] [crime of sabotaging inflammable and explosive equipment] whoever destroys means of transport, traffic facilities, electrical equipment, gas equipment or inflammable and explosive equipment, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
[crime of negligent damage to means of transport] [crime of negligent damage to traffic facilities] [crime of negligent damage to electrical equipment] [crime of negligent damage to flammable and explosive equipment] whoever commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 120 [Crime of Organizing, Leading, or Participating in a Terrorist Organization] Organizing or leading a terrorist organization shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and confiscation of property; those who actively participate shall be sentenced to not less than three years but not more than ten years. Fixed-term imprisonment and a fine; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation or deprivation or deprivation of political rights, and may also be fined.
Whoever commits the crime mentioned in the preceding paragraph and commits homicide, explosion, kidnapping and other crimes shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 120 one [crime of helping terrorist activities] whoever finances terrorist organizations or individuals who carry out terrorist activities, or who finances terrorist training, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, with a fine or confiscation of property.
Whoever organizes or carries out terrorist activities or recruits or transports persons for terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.
If 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 120 bis [preparation for the crime of terrorist activities] under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated of property:
(I) preparing lethal weapons, dangerous articles or other tools for carrying out terrorist activities;
(II) organizing terrorist activities training or actively participating in terrorist activities training;
(III) to liaise with foreign terrorist organizations or personnel for the purposes of carrying out terrorist activities;
(IV) planning or other preparations for the commission of terrorist activities.
Whoever commits any of the acts described in the preceding paragraph and at the same time constitutes any other crime shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 120 ter [Crime of Promoting Terrorism, Extremism, Incitement to Terrorist Activities] Producing or distributing books, audio and video materials or other articles that promote terrorism or extremism, or through teaching, publishing information, etc. Those who promote terrorism or extremism, or incite to commit terrorist activities, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and a fine; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or have his property confiscated.
Article 120 quater [crime of using extremism to undermine the implementation of the law] whoever uses extremism to incite or coerce the masses to undermine the marriage, justice, education, social management and other systems established by the state law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine or confiscation of property.
Article 120 five [crime of compulsory wearing of clothing or signs promoting terrorism or extremism] whoever forces others to wear or wear clothing or signs promoting terrorism or extremism in public places by means of violence or coercion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Article 120 sexies [crime of illegally holding articles that promote terrorism or extremism] illegally holding books, audio and video materials or other articles that promote terrorism or extremism, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined.
Article 121 [Crime of Hijacking Aircraft] Whoever hijacks an aircraft by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; whoever causes serious injury or death to a person or causes serious damage to the aircraft shall be sentenced to death.
Article 122 [Crime of Hijacking Vessels or Automobiles] Whoever hijacks a vessel or automobile by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 123 [crime of violence endangering flight safety] whoever uses violence against personnel on board an aircraft in flight, endangering flight safety, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 124 [crime of sabotaging radio and television facilities and public telecommunication facilities] whoever damages radio and television facilities or public telecommunication facilities and endangers public security shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than seven years.
[crime of negligent damage to radio and television facilities and public telecommunications facilities] whoever commits the crime mentioned in the preceding paragraph through negligence 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, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 125 [crime of illegally manufacturing, trading, transporting, mailing or storing guns, ammunition or explosives] whoever illegally manufactures, trades, transports, mails 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, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
[crime of illegally manufacturing, trading, transporting or storing dangerous substances] those who illegally manufacture, trade, transport or store toxic, radioactive, infectious disease pathogens and other substances and endanger public safety shall be punished in accordance with the provisions of the preceding paragraph.
If 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 126 [Crime of Illegal Manufacture and Sale of Guns] If a gun manufacturing or sales enterprise designated or determined in accordance with the law violates the regulations on gun control and commits any of the following acts, the unit shall be fined and directly responsible The person in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances, to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment:
(I) manufacture or sell guns in excess of the quota or not according to the specified varieties for the purpose of illegal sale;
(II) manufacture, for the purpose of illegal sale, guns without numbers, with duplicate numbers or with false numbers;
(III) illegally sells guns or sells guns manufactured for export within the territory.
Article 127 [crime of stealing or seizing guns, ammunition, explosives or dangerous substances] whoever steals or seizes guns, ammunition or explosives, or steals or seizes toxic, radioactive or infectious disease pathogens, which endangers public safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
[crime of robbing guns, ammunition, explosives and dangerous substances] [crime of stealing, robbing guns, ammunition, explosives and dangerous substances] robbing guns, ammunition and explosives, or robbing toxic, radioactive, infectious disease pathogens and other substances, endangering public safety, or stealing or robbing guns, ammunition and explosives of state organs, military and police personnel or militia, He shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 128 [Crime of Illegal Possession or Concealment of Guns or Ammunition] Whoever illegally possesses or conceals guns or ammunition in violation of the regulations on the control of guns shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
[crime of illegally renting or lending guns] those who are equipped with guns for official use in accordance with the law and illegally rent or lend guns shall be punished in accordance with the provisions of the preceding paragraph.
[crime of illegally renting or lending guns] if a person who allocates guns according to law illegally rents or lends guns, causing serious consequences, he shall be punished in accordance with the provisions of the first paragraph.
If a unit commits the crime in the second and third paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 129 [The crime of not reporting the loss of guns] Persons who are equipped with guns for official use in accordance with the law and fail to report the loss of guns in time, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 130 [crime of illegally carrying guns, ammunition, controlled knives and dangerous goods endangering public security] illegally carrying guns, ammunition, controlled knives or explosive, flammable, radioactive, toxic or corrosive goods into public places or public transport, endangering public security, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 131 [crime of major flight accident] if an aviation personnel violates the rules and regulations and causes a major flight accident, resulting in serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if an aircraft crash or death occurs, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 132 [crime of railway operation safety accident] if a railway worker violates the rules and regulations and causes a railway operation safety accident, resulting in serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 133 [crime of causing traffic accidents] whoever violates the laws and regulations on the administration of traffic and transportation, resulting in a major accident, causing serious injury or death, or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the escape causes death.
Article 133-1 [Crime of Dangerous Driving] Whoever drives a motor vehicle on a road under any of the following circumstances shall be sentenced to criminal detention and fined:
(I) chasing and racing, if the circumstances are bad;
(II) driving a motor vehicle while intoxicated;
(III) engaged in the school bus business or passenger transportation, seriously exceeding the rated crew carrying passengers, or seriously exceeding the prescribed speed;
(IV) transports dangerous chemicals in violation of the regulations on safety management of dangerous chemicals and endangers public safety.
If the owner or manager of a motor vehicle is directly responsible for the acts in Items 3 and 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits any of the acts referred to in the preceding two paragraphs, which at the same time constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 134 [crime of major liability accident] whoever violates the provisions on safety management in production or operation, resulting in a major casualty accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly bad, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
[crime of compulsory operation in violation of regulations and risks] whoever forcibly orders others to operate in violation of regulations and risks, resulting in heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are particularly bad, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 135 [crime of major labor safety accident] if the facilities or conditions for production safety do not conform to the provisions of the state, resulting in heavy casualties or other serious consequences, the persons directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 135 one [crime of major safety accident in large-scale mass activities] if holding large-scale mass activities violates the safety management regulations, resulting in heavy casualties or other serious consequences, the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly bad, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 136 [Crime of Causing Dangerous Goods] Violation of the regulations on the management of explosive, flammable, radioactive, toxic, or corrosive materials, and a major accident occurs in the production, storage, transportation, or use, causing serious consequences, Sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 137 [Crime of Major Engineering Safety Accident] If a construction unit, design unit, construction unit, or project supervision unit violates national regulations and lowers project quality standards, causing a major safety accident, the person directly responsible shall be sentenced to not more than five years Fixed-term imprisonment or criminal detention, and a fine; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine.
Article 138 [Crime of Major Safety Accident in Educational Facilities] Whoever knows that school buildings or educational and teaching facilities are dangerous, and fails to take measures or fail to report in time, resulting in a major casualty accident, the person directly responsible shall be sentenced to not more than three years Fixed-term imprisonment or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 139 [Crime of Fire Control Liability Accident] Whoever violates the fire control management regulations and refuses to implement it after being notified by the fire control supervision agency to take corrective measures, causing serious consequences, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 139 1 [crime of not reporting or falsely reporting a safety accident] after the occurrence of a safety accident, the person responsible for reporting the accident fails to report or falsely reports the situation of the accident, thus delaying the rescue of the accident. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less 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 but not more than seven years.
 
Chapter III Crimes of Destroying the Order of the Socialist Market Economy
Section 1 Crimes of Producing and Selling Fake and Substandard Commodities
Article 140
[Crime of Producing and Selling Fake and Inferior Products] Producers and sellers who adulterate or adulterate their products, pass them off as genuine, shoddy or substandard products as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or separately be sentenced to a fine of not more than 50% but not more than two times the sales amount of 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and a fine of not less than 50% times the sales amount; if the sales amount is not less than 500000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 50% years and not more than 2 times the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to 15 years of fixed-term imprisonment or life imprisonment or life imprisonment, and a fine of not more, and a fine of not less than 50% and not less.
Article 141 [Crime of Producing and Selling Counterfeit Drugs] Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if it causes serious harm to human health or has other serious circumstances, it shall be sentenced to three years Fixed-term imprisonment of not less than ten years and not more than ten years, and a fine or confiscation of property.
The term "counterfeit drugs" as mentioned in this article refers to drugs in accordance with 《the People's Republic of China Drug Administration LawThe provisions of the law belong to counterfeit drugs and drugs and non-drugs that are treated as counterfeit drugs.
Article 142 [crime of producing and selling inferior drugs] whoever produces or sells inferior drugs and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not less than 50% but not more than two times the sales amount; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than two times the sales amount or confiscation of property.
The term "inferior medicine" as mentioned in this article refers to the drug in accordance with 《the People's Republic of China Drug Administration LawThe provisions of the drug are inferior drugs.
Article 143 [Crime of producing and selling food that does not meet safety standards] whoever produces or sells food that does not meet food safety standards, which is sufficient to cause serious food poisoning accidents or other serious food-borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; if it causes serious harm to human health or has other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and a fine. The consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be sentenced to a fine or confiscation of property.
Article 144 [Crime of producing and selling toxic or harmful food] Whoever mixes toxic or harmful non-food raw materials into food produced or sold, or sells food that is known to be mixed with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and a fine; if it causes serious harm to human health or has other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine; if it causes death or if there are other particularly serious circumstances, it shall be punished in accordance with the provisions of Article 141 of this Law.
Article 145 [crime of producing and selling medical equipment that does not meet the standards] those who produce medical devices and medical sanitary materials that do not meet the national and industrial standards for the protection of human health, or sell medical devices and medical sanitary materials that do not meet the national and industrial standards for the protection of human health, which are sufficient to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, he shall also be fined not less than 50% but not more than two times the sales amount; if it causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not less than 50% but not more than two times the sales amount; if the consequences are particularly serious, he shall be sentenced to more than ten years Fixed-term imprisonment or life imprisonment, and a fine of not more than 50% but not more than two times the sales amount or confiscation of property.
Article 146 [Crime of producing and selling products that do not meet safety standards] produce electrical appliances, pressure vessels, flammable and explosive products that do not meet the national standards and industry standards for the protection of personal and property safety, or other products that do not meet the national standards and industry standards for the protection of personal and property safety, or sell products that knowingly do not meet the above national standards and industry standards for the protection of personal and property safety, if serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not more than five years and a fine of not less than 50% but not more than two times the sales amount; if the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 50% but not more than two times the sales amount.
Article 147 [Crime of producing and selling fake and inferior pesticides, veterinary drugs, chemical fertilizers and seeds] producing fake pesticides, fake veterinary drugs and fake chemical fertilizers, selling pesticides, veterinary drugs, chemical fertilizers and seeds that are known to be fake or ineffective, or producers or sellers pretend unqualified pesticides, veterinary drugs, chemical fertilizers and seeds as qualified pesticides, veterinary drugs, chemical fertilizers and seeds, thus causing great losses to production, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine of not less than 50% but not more than two times the sales amount; if he causes heavy losses to production, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years but not more than seven years but not more than 50% times the sales amount; and shall also be sentenced to a fine of not more than 50% but not more than two times the sales amount or confiscation of property.
Article 148 [Crime of producing and selling cosmetics that do not meet hygienic standards] Whoever produces cosmetics that do not meet hygienic standards, or sells cosmetics that knowingly do not meet hygienic standards, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years Or criminal detention, and a fine of not less than 50% but not more than two times the sales amount.
Article 149 [Application of the Law on the Production and Sale of Fake and Inferior Commodities] The production and sale of the products listed in Articles 141 to 148 of this section does not constitute a crime specified in each of these articles, but if the sales amount is more than 50,000 yuan, he shall be convicted and punished in accordance with the provisions of Article 140 of this section.
If the production or sale of the products listed in Articles 141 to 148 of this section constitutes a crime as stipulated in each of these articles, and at the same time constitutes a crime as stipulated in Article 140 of this section, it shall be convicted and punished in accordance with the provisions of the heavier punishment.
Article 150 [Handling of Crimes Offered by Units in this Section] If a unit commits a crime specified in Articles 140 to 148 of this Section, the unit shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of each Article.
 
Section 2 Crime of Smuggling
Article 151
[crime of smuggling weapons and ammunition] [crime of smuggling nuclear materials] [crime of smuggling counterfeit currency] whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be fined or confiscated of property; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and confiscation of property; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
[Crime of Smuggling Cultural Relics] [Crime of Smuggling Precious Metals] [Crime of Smuggling Precious Animals and Precious Animal Products] Smuggling cultural relics, gold, silver and other precious metals prohibited by the state or precious animals and their products prohibited by the state from import and export shall be sentenced to five Fixed-term imprisonment of not less than ten years and a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also be sentenced to a fine.
[crime of smuggling goods and articles prohibited from import and export by the state] whoever smuggles rare plants and their products and other goods and articles prohibited from import and export by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or separately be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
If a unit commits any of the crimes mentioned in this Article, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of each paragraph of this Article.
Article 152 [Crime of Smuggling Obscene Articles] Whoever smuggles obscene films, video tapes, audio tapes, pictures, books, periodicals or other obscene articles for the purpose of making profits or spreading shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, with a fine or confiscation of property.
[Crime of Smuggling Waste] Whoever evades customs supervision and transports foreign solid waste, liquid waste, and gaseous waste into the country, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years and a fine or a fine; if the circumstances are particularly serious, he shall be sentenced to more than five years Fixed-term imprisonment and a fine.
If 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 preceding two paragraphs.
Article 153 [Crime of Smuggling General Goods and Articles] Anyone who smuggles goods or articles other than those specified in Article 151, Article 152, and Article 347 of this Law shall be punished according to the seriousness of the circumstances. In accordance with the following provisions:
(I) who smuggles goods or articles and evades a relatively large amount of tax payable, or who smuggles again after being given two administrative penalties for smuggling within one year, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the amount of tax payable.
Any (II) who smuggles goods or articles and evades a huge amount of tax payable or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined not less than one time but not more than five times the amount of tax payable.
(III) who smuggle goods or articles into which the tax payable for evasion is particularly large or where other particularly serious circumstances are involved shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than one time but not more than five times the tax payable for evasion or confiscation of property.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years.
For repeated smuggling without processing, according to the cumulative amount of smuggled goods and articles evaded tax penalties.
Article 154 [Special Forms of the Crime of Smuggling Goods and Articles] Any of the following smuggling acts that constitute a crime in accordance with the provisions of this Section shall be convicted and punished in accordance with the provisions of Article 153 of this Law:
(I), without the permission of the Customs and without paying the amount of tax payable, sells for profit within the territory of China the raw materials, parts, finished products, equipment and other bonded goods approved for import for processing with supplied materials, assembly with supplied parts and compensation trade;
(II) who, without the permission of the Customs and without paying the amount of tax payable, sells for profit within the territory of China goods or articles imported with specific tax reductions or exemptions.
Article 155 The following acts shall be punished as crimes of smuggling and shall be punished in accordance with the relevant provisions of this Section:
(I) directly and illegally purchase from smugglers articles prohibited from importation by the state, or directly and illegally purchase from smugglers other smuggled goods and articles, if the amount is relatively large;
(II) transporting, purchasing or selling articles prohibited by the state from import or export in the inland sea, territorial sea, boundary river or boundary lake, or transporting, purchasing or selling goods or articles restricted by the state from import or export, if the amount is relatively large and there is no legal certificate.
Article 156 Whoever conspires with an offender of smuggling, provides him with loans, funds, account numbers, invoices or certificates, or provides him with transportation, storage, mailing or other conveniences, shall be punished as an accomplice in the crime of smuggling.
Article 157 [Provisions on Armed Coverage of Smuggling and Resisting Anti-smuggling] Whoever provides armed cover for smuggling shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 151 of this Law.
Whoever resists anti-smuggling by means of violence or threat shall be punished for the crime of smuggling and the crime of obstructing the staff of state organs from performing their duties according to law as stipulated in Article 277 of this Law, and shall be punished in accordance with the provisions of combined punishment for several crimes.
 
Section 3 Crimes of Impairing the Management Order of Companies and Enterprises
Article 158
[Crime of falsely reporting registered capital] Applying for company registration, using false certification documents or using other fraudulent means to falsely report registered capital, deceiving the company registration authority, obtaining company registration, falsely reporting a huge amount of registered capital, serious consequences, or other serious circumstances, shall be sentenced to three Fixed-term imprisonment of not more than one year or criminal detention, and a fine of not less than 1% but not more than 5% for the amount of falsely reported registered capital.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 159 [Crime of False Capital Contribution and Evasion of Capital Contribution] Company Promoters and Shareholders ViolateCompany LawThose who fail to deliver money, in kind or transfer property rights, make false capital contributions, or withdraw their capital contributions after the establishment of the company, and the amount is huge, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to or alone. The amount of false capital contribution or a fine of not less than 2% and not more than 10% of the amount of capital contribution.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 160 [Crime of Fraudulent Issuance of Stocks and Bonds] Concealing important facts or fabricating major false content in the prospectus, share recognition letter, company or corporate bond raising method, issuing stocks or corporate bonds, the amount is huge and the consequences are serious Or if there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not more than 1% but not more than 5% in the amount of illegally raised funds.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 161 [Crime of Illegal Disclosure and Non-Disclosure of Important Information] Companies and enterprises that are obliged to disclose information in accordance with the law provide shareholders and the public with false financial and accounting reports or conceal important facts, or disclose information that should be disclosed in accordance with the law. Other important information is not disclosed in accordance with regulations, which seriously damages the interests of shareholders or other persons, or there are other serious circumstances, the person in charge and other persons directly responsible, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be sentenced to a fine of not less than 20,000 yuan but not more than 200,000 yuan.
Article 162 [Crime of Obstructing Liquidation] When a company or enterprise is liquidating, it conceals property, makes false records on the balance sheet or property list, or distributes the company or enterprise property before paying off the debts, which seriously harms the interests of creditors or others. The directly responsible person in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not more than 20,000 yuan but not more than 200,000 yuan.
Article 162 one [crime of concealing or intentionally destroying accounting vouchers, accounting books and financial accounting reports] whoever conceals or intentionally destroys accounting vouchers, accounting books and financial accounting reports that should be kept according to law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or separately be sentenced to a fine of not less than 20000 yuan but not more than 200000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 162 bis [crime of false bankruptcy] if a company or enterprise carries out false bankruptcy by concealing property, assuming fictitious debts or transferring or disposing of property by other means, thus seriously harming the interests of creditors or other persons, the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or separately be sentenced to a fine of not less than 20000 yuan but not more than 200000 yuan.
Article 163 [crime of accepting bribes by non-state staff] staff members of companies, enterprises or other units take advantage of their positions to solicit property from others or illegally accept property from others in order to seek benefits for others, if the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, they shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.
Employees of companies, enterprises or other units who, in their economic exchanges, take advantage of their positions and violate state regulations to accept various kinds of kickbacks and handling fees, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.
If a person engaged in public service in a state-owned company, enterprise or other state-owned unit or a person assigned by a state-owned company, enterprise or other state-owned unit to a non-state-owned company, enterprise or other unit to engage in public service has committed the acts in the preceding two paragraphs, he shall be convicted and punished in accordance with the provisions of Article 385 and Article 386 of this Law.
Article 164 [Crime of Bribery to Non-State Staff] Whoever, in order to seek illegitimate benefits, gives property to the staff of a company, enterprise or other unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
[Crime of Bribery to Foreign Public Officials or Officials of Public International Organizations] Anyone who, in order to seek illegitimate commercial interests, gives property to foreign public officials or officials of public international organizations shall be punished in accordance with the provisions of the preceding paragraph.
If 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.
If the briber voluntarily confessed the act of offering bribes before being prosecuted, he may be given a mitigated punishment or be exempted from punishment.
Article 165 [Crime of Illegal Operation of Similar Business] A director or manager of a state-owned company or enterprise uses the convenience of his position to operate or operate for others to operate the same business as the company or enterprise in which he works, and obtain illegal benefits. If the amount is huge, He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine; if the amount is particularly large, he shall be sentenced to fixed-term imprisonment of not more than three years but less than seven years and a fine.
Article 166 [Crime of Illegal Profits for Relatives and Friends] A staff member of a state-owned company, enterprise, or institution who takes advantage of his position and suffers heavy losses to national interests under one of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years Or criminal detention, and a fine or only; if the national interests suffer particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine:
(I) to hand over the profitable business of the unit to his relatives and friends for operation;
(II) purchasing commodities from units operated and managed by their own relatives and friends at a price significantly higher than the market price or selling commodities to units operated and managed by their own relatives and friends at a price significantly lower than the market price;
(III) purchasing substandard commodities from a unit managed by his relatives or friends.
Article 167 [crime of dereliction of duty in signing and performing a contract] the person in charge directly responsible for a state-owned company, enterprise or institution who, in the process of signing and performing a contract, is defrauded due to serious irresponsibility, resulting in heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the interests of the state suffer particularly heavy losses, he shall be sentenced to fixed-term of not more than three years but not more than seven years.
Article 168 [crime of dereliction of duty by personnel of state-owned companies, enterprises and institutions] [crime of abuse of power by personnel of state-owned companies, enterprises and institutions] if the staff of state-owned companies or enterprises cause bankruptcy or serious losses of state-owned companies or enterprises due to serious irresponsibility or abuse of power, resulting in heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Staff members of State-owned institutions who commit the acts mentioned in the preceding paragraph and cause heavy losses to the interests of the State shall be punished in accordance with the provisions of the preceding paragraph.
Any functionary of a state-owned company, enterprise or institution who engages in malpractice for personal gain and commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions of the first paragraph.
Article 169 [crime of converting shares at low prices and selling state-owned assets for personal gain] state-owned companies, enterprises or their superior competent departments directly responsible for committing fraud for personal gain, converting state-owned assets into shares at low prices or selling them at low prices, causing heavy losses to national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; those who cause particularly heavy losses to national interests shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.
Article 169 one [crime of breach of trust and damage to the interests of a listed company] the directors, supervisors and senior managers of a listed company violate their duty of loyalty to the company and take advantage of their positions to manipulate the listed company to engage in one of the following acts, resulting in heavy losses to the interests of the listed company, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall be sentenced to a fine, and fine:
(I) providing funds, goods, services or other assets to other units or individuals free of charge;
(II) offering or accepting funds, goods, services or other assets on obviously unfair terms;
(III) to provide funds, goods, services or other assets to units or individuals that are obviously insolvent;
The (IV) provides guarantees for units or individuals that are obviously insolvent, or provides guarantees for other units or individuals without justifiable reasons;
(V) abandons claims and assumes debts without justifiable reasons;
(VI) harm the interests of the listed company by other means.
If the controlling shareholder or actual controller of a listed company instigates the directors, supervisors or senior managers of the listed company to commit the acts mentioned in the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
If the controlling shareholder or actual controller of a listed company that commits the crime mentioned in the preceding paragraph is a unit, the unit shall be fined, and the persons directly in charge and other persons directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
 
Section 4 Crimes of Destroying Financial Management Order
Article 170
[Crime of Counterfeiting Currency] Whoever counterfeits currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be sentenced to a fine; in any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be sentenced to a fine or confiscation of property:
(I) the ringleaders of the counterfeit currency syndicate;
(II) counterfeiting of particularly large amounts of currency;
(III) there are other particularly serious circumstances.
Article 171 [Crime of Selling, Buying or Transporting Counterfeit Currency] Whoever sells or buys counterfeit currency or transports it knowing it is counterfeit currency, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is extremely large, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
[Crime of financial staff purchasing counterfeit currency or exchanging counterfeit currency for currency] A staff member of a bank or other financial institution who buys counterfeit currency or takes advantage of his position to exchange counterfeit currency for currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, he shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or confiscation of property; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan.
Whoever counterfeits currency and sells or transports the counterfeit currency shall be convicted and given a heavier punishment in accordance with the provisions of Article 170 of this Law.
Article 172 [Crime of Holding and Using Counterfeit Currency] Whoever knowingly holds or uses counterfeit currency, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to 10,000 yuan or more. A fine of less than 100,000 yuan; if the amount is huge, a fixed-term imprisonment of more than three years and less than ten years, and a fine of more than 20,000 yuan and less than 200,000 yuan; if the amount is particularly large, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
Article 173 [Crime of Alterating Currency] Whoever alants currency, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be sentenced to a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and a fine of not more than 20,000 yuan but not more than 200,000 yuan.
Article 174 [Crime of Unauthorized Establishment of Financial Institutions] Anyone who establishes a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution without the approval of the relevant competent department of the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
[crime of forging, altering or transferring business licenses and approval documents of financial institutions] those who forge, alter or transfer business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.
If 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 [crime of usury on loan] whoever, for the purpose of on-lending for profit, takes the credit funds of financial institutions and on-lending to others at high interest, and the amount of illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; if the amount is huge, he shall be sentenced to fixed-term fixed-term fixed-term imprisonment of not less than three years but not more than seven years but not more than five times.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 175 one [Crime of fraudulently obtaining loans, bill acceptance, financial bills] obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be fined; causing particularly heavy losses to banks or other financial institutions or other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be sentenced to a fine.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 176 [crime of illegally absorbing public deposits] whoever illegally absorbs public deposits or absorbs public deposits in a disguised form and disturbs the financial order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine of not less than 20000 yuan but not more than 200000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and not more than 50000 yuan but not more than 500000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 177 [crime of forging or altering financial documents] under any of the following circumstances, whoever forges or alters financial documents shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and not more than 500,000 yuan; if the circumstances are particularly serious, or life imprisonment, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscate property:
(I) forges or alters bills of exchange, promissory notes or cheques;
(II) forging or altering other bank settlement vouchers such as entrusted collection vouchers, remittance vouchers, bank deposit slips, etc;
(III) forges or alters the letter of credit or the accompanying documents or documents;
(IV) forged credit cards.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 177-1 [crime of obstructing credit card management] under any of the following circumstances, whoever obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the number is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and a fine of not more than 20,000 yuan but not more than 200,000 yuan:
(I) possessing or transporting a counterfeit credit card, or possessing or transporting a large quantity of a counterfeit blank credit card;
(II) illegally holding another person's credit card in a relatively large quantity;
(III) fraudulent use of false identification to get credit cards;
(IV) sell, purchase, or provide others with counterfeit credit cards or credit cards fraudulently acquired with false identification.
[crime of stealing, buying, illegally providing credit card information] whoever steals, buys or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.
Any staff member of a bank or any other financial institution who, by taking advantage of his position, commits the crime mentioned in the second paragraph shall be given a heavier punishment.
Article 178 Whoever forges or alters treasury bills or other securities issued by the state in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
[crime of forging or altering stocks, companies or corporate bonds] whoever forges or alters stocks or corporate bonds, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and a fine of not more than 20,000 yuan but not more.
If 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 preceding two paragraphs.
Article 179 [Crime of issuing stocks, companies, or corporate bonds without authorization] Issuing stocks or company or corporate bonds without the approval of the relevant competent department of the state, the amount is huge, the consequences are serious, or there are other serious circumstances, shall be sentenced to five years Fixed-term imprisonment or criminal detention, and a fine of not less than 1% but not more than 5% in the amount of illegally raised funds.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 180 [crime of insider trading and disclosure of inside information] personnel who know the inside information of securities and futures trading or illegally obtain inside information of securities and futures trading shall buy or sell the securities, or engage in futures trading related to the inside information before the issuance of securities, securities, futures trading or other information that has a significant impact on the trading price of securities and futures has not been made public, or divulge the information, or express or imply that others are engaged in the above-mentioned trading activities, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five times the illegal income.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
The scope of insider information and insiders shall be determined in accordance with the provisions of laws and administrative regulations.
[crime of trading with undisclosed information] employees of financial institutions such as stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies, and staff of relevant regulatory departments or industry associations, in violation of regulations, engage in securities and futures trading activities related to the information by using other undisclosed information other than inside information obtained through the convenience of their positions, or express or imply that others engage in relevant trading activities, if the circumstances are serious, they shall be punished in accordance with the provisions of the first paragraph.
Article 181 [crime of fabricating and disseminating false information on securities and futures trading] whoever fabricates and disseminates false information affecting securities and futures trading, disrupts the securities and futures trading market, and causes 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.
[crime of inducing investors to buy and sell securities and futures contracts] employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, staff of securities industry associations, futures industry associations or securities and futures supervision and administration departments, who intentionally provide false information or forge, alter or destroy transaction records to induce investors to buy and sell securities or futures contracts, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, A fine of not less than 10,000 yuan but not more than 100,000 yuan shall also be imposed, or a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed if the circumstances are particularly bad.
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 [Crime of Manipulating Securities and Futures Markets] Whoever manipulates the securities or futures markets under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or separately be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
(I) who, alone or in collusion, concentrate their capital advantage, shareholding or position advantage or take advantage of information advantage to jointly or continuously buy and sell, manipulate the trading price of securities or futures or the trading volume of securities or futures;
(II) colluding with others to trade securities or futures with each other at the time, price and manner agreed in advance, affecting the price or volume of securities or futures trading;
(III) trading in securities between accounts under their actual control, or buying and selling futures contracts on their own, affecting the price of securities or futures trading or the volume of securities or futures trading;
(IV) manipulate the securities or futures market by other means.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 183 [Crime of Duty Embezzlement] If a staff member of an insurance company takes advantage of his position to deliberately fabricate an insurance accident that has not occurred to make false claims, and defrauds the insurance money for his own, he shall be convicted and punished in accordance with the provisions of Article 171 of this Law.
[crime of embezzlement] if a staff member of a state-owned insurance company or a person appointed by a state-owned insurance company to engage in public service in a non-state-owned insurance company commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Article 382 and Article 383 of this Law.
Article 184 [crime of accepting bribes by non-state staff] any staff member of a bank or other financial institution who, in financial business activities, solicits property from others or illegally accepts property from others in order to seek benefits for others, or in violation of state regulations, accepts kickbacks or handling fees in various names and belongs to individuals shall be convicted and punished in accordance with the provisions of Article 163 of this Law.
[crime of accepting bribes] staff members of state-owned financial institutions and personnel appointed by state-owned financial institutions to engage in public service in non-state-owned financial institutions who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of articles 385 and 386 of this Law.
Article 185 [Crime of Misappropriating Funds] A staff member of a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution who, taking advantage of his position, misappropriates funds of his own unit or client shall be convicted and punished in accordance with the provisions of Article 272 of this Law.
[crime of misappropriating public funds] staff of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions and personnel of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions assigned to the non-state-owned institutions specified in the preceding paragraph to engage in public service, shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Article 185 one [crime of using entrusted property in breach of trust] if a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution violates its fiduciary obligations and uses customer funds or other entrusted or trusted property without authorization, if the circumstances are serious, the unit shall be fined, and the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, he shall also be fined not less than 30,000 yuan but not more than 300,000 yuan; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan.
[crime of illegal use of funds] social security fund management institutions, housing provident fund management institutions and other public fund management institutions, as well as insurance companies, insurance asset management companies and securities investment fund management companies, who use funds in violation of state regulations, the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
Article 186 [crime of illegally granting loans] if a staff member of a bank or other financial institution grants loans in violation of state regulations, the amount is huge or causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10000 yuan but not more than 100000 yuan; if the amount is particularly huge or causes particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and a fine of 20000 yuan but not less than 200000 yuan.
Any staff member of a bank or other financial institution who, in violation of State regulations, grants a loan to a related party shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
If 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 preceding two paragraphs.
The scope of the relationship, in accordance with 《the People's Republic of China Commercial Banking Actand relevant financial regulations.
Article 187 [Crime of Absorbing Customer Funds and Not Accounting] If a staff member of a bank or other financial institution absorbs customer funds and does not account for them, the amount is huge or causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is particularly huge or causes particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 50,000 yuan but not less than 500,000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 188 [Crime of Issuing Financial Instruments in Violation of Regulations] A staff member of a bank or other financial institution who, in violation of regulations, issues letters of credit or other guarantees, bills, deposit slips or credit certificates for others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 189 [Offences of acceptance, payment or guarantee of illegal bills] The staff of a bank or other financial institution shall, in the business of bills, be liable for violations of the law.negotiable instrument lawIf the prescribed bills are accepted, paid or guaranteed, causing heavy losses, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if particularly heavy losses are caused, they shall be sentenced to fixed-term imprisonment of not less than five years.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 190 [crime of evading foreign exchange] if a company, enterprise or other unit, in violation of state regulations, deposits foreign exchange abroad without authorization, or illegally transfers foreign exchange from within the country to abroad, if the amount is relatively large, the unit shall be sentenced to a fine of not less than 5% but not more than 30% in the amount of foreign exchange evasion, and the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, the unit shall be fined not less than 5% but not more than 30% the amount of foreign exchange evasion, and the persons directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not less than five years.
Article 191 [Crime of Money Laundering] Knowing that it is a drug crime, organized crime of a triad nature, terrorist activity crime, smuggling crime, corruption and bribery crime, crime of disrupting financial management order, financial fraud crime and its proceeds, In order to conceal or conceal its source and nature, the proceeds of the above crime and the proceeds generated shall be confiscated and sentenced to fixed-term imprisonment of not more than five years or criminal detention, and, or only, a fine of not less than 5% but not more than 20% for the amount of money laundered; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 5% but not more than 20% for the amount of money laundered:
(I) to provide fund accounts;
(II) assisting in the conversion of property into cash, financial instruments or securities;
(III) assisting in the transfer of funds through transfer or other settlement methods;
(IV) assisting in the remittance of funds abroad;
(V) cover up or conceal by other means the source and nature of the proceeds of crime and its proceeds.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be 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 but not more than 10 years.
 
Section 5 Crime of Financial Fraud
Article 192
[crime of fund-raising fraud] for the purpose of illegal possession, whoever uses fraudulent methods to raise funds illegally, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to a fine of not less than 20000 yuan but not more than 200000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
Article 193 Whoever, under any of the following circumstances, defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and a fine not more than 50,000 yuan but not less than 500,000 yuan; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(I) fabricating false reasons for introducing funds or projects;
(II) use of false economic contracts;
(III) use of false supporting documents;
The (IV) uses a false title certificate as a guarantee or repeatedly guarantees the value of the collateral;
(V) defrauding loans by other means.
Article 194 [Crime of Bill Fraud] Whoever commits financial bill fraud under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine of not more than 50,000 yuan but not more than 500,000 yuan. If the amount is particularly serious, to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and to be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan or to confiscation of property:
(I) knowingly using forged or altered bills of exchange, promissory notes or cheques;
(II) knowingly voided bills of exchange, promissory notes, or cheques;
(III) fraudulent use of another person's money order, cashier's check or cheque;
(IV) issue a dishonoured cheque or a cheque that does not match its reserved seal to defraud money or property;
The drawer of a (V) bill of exchange or promissory note issues a bill of exchange or promissory note without a guarantee of funds or makes a false record at the time of issue to defraud property.
[Crime of Financial Voucher Fraud] Anyone who uses forged or altered entrusted collection vouchers, remittance vouchers, bank deposit slips and other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph.
Article 195 [Crime of Letter of Credit Fraud] Whoever commits letter of credit fraud under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and not more than 500,000 yuan and a fine of not more than 500,000 yuan. If the amount is particularly serious, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscate property:
(I) use of forged or altered letters of credit or accompanying documents or documents;
(II) use of voided letters of credit;
(III) obtaining letters of credit by fraud;
(IV) of carrying out letter of credit fraud by other means.
Article 196 [crime of credit card fraud] under any of the following circumstances, those who engage in credit card fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than 20000 yuan but not more than 200000 yuan; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not more than 50000 yuan but not more than 500000 yuan, to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and to be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan or to confiscation of property:
(I) the use of forged credit cards, or the use of false identification of credit cards obtained by fraud;
(II) use of voided credit cards;
(III) fraudulent use of another person's credit card;
(IV) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the overdraft by the cardholder for the purpose of illegal possession, exceeding the prescribed limit or within the prescribed time limit, and still not returning it after being collected by the issuing bank.
[Theft] Whoever steals and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 197 Whoever uses forged or altered treasury bills or other securities issued by the State to engage in fraudulent activities shall, if the amount is relatively large, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or if there are other serious circumstances, be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and a fine of not more than 50,000 yuan but not more than 500,000 yuan; if the amount is especially huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
Article 198 [crime of insurance fraud] under any of the following circumstances, those who engage in insurance fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and a fine of not more than 20,000 yuan but not more than 200,000 yuan; if the amount is particularly serious, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan or confiscate property:
(I) policyholder defrauds insurance money by deliberately fabricating the subject matter of the insurance;
(II) the applicant, the insured or the beneficiary to defraud the insurance money by fabricating false reasons or exaggerating the extent of the loss of the insured accident;
(III) the applicant, the insured or the beneficiary to fabricate an insurance accident that has not occurred in order to defraud the insurance money;
(IV) the insured or the insured intentionally causes property damage in an insurance accident and defrauds the insurance money;
The (V) applicant or beneficiary intentionally causes the death, disability or illness of the insured and defrauds the insurance money.
Whoever commits any of the acts listed in items 4 and 5 of the preceding paragraph, which at the same time constitute other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.
If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; if the amount is especially huge or there are other especially serious circumstances, the offenses, the offender shall be sentenced to fixed-term.
If the appraiser, witness or property appraiser of an insurance accident intentionally provides false supporting documents to provide conditions for others to defraud, he shall be punished as an accomplice in insurance fraud.
Article 199 (The contents of this article are deleted in accordance with the (IX) on Amendments to the the People's Republic of China Criminal Law)
Article 200 [Provisions on Penalties for Financial Fraud Committed by Units] Where a unit commits the crimes specified in Articles 192, 194 and 195 of this Section, it shall be fined, and the persons directly in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and a fine; if the amount is especially huge or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.
 
Section 6 Crimes of Endangering Tax Collection and Administration
Article 201
[crime of tax evasion] if a taxpayer uses deception or concealment to make false tax declaration or fails to declare, and evades paying a large amount of tax and accounts for more than 10% of the tax payable, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; if the amount is huge and accounts for more than 30% of the tax payable, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
If a withholding agent fails to pay or underpays the tax withheld or collected by the means mentioned in the preceding paragraph, if the amount is relatively large, he shall be punished in accordance with the provisions of the preceding paragraph.
If the acts mentioned in the preceding two paragraphs are carried out repeatedly and are not dealt with, the cumulative amount shall be calculated.
If the first paragraph of the act is committed, after the tax authority has issued a notice of recovery in accordance with the law, the tax payable and the late fee have been paid, and the administrative penalty has been imposed, the criminal responsibility shall not be investigated; however, within five years, the tax authorities have been subject to criminal punishment or have been responsible for evading the payment of taxes. Except for those who have been given administrative penalties twice or more.
Article 202 [Crime of Refusal to Pay Tax] Whoever refuses to pay tax by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the tax refused to be paid; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not more than one time but not more than five times the tax refused.
Article 203 [crime of evading tax arrears] if a taxpayer fails to pay the tax payable and takes the means of transferring or concealing property, resulting in the tax authorities being unable to recover the tax arrears, the amount of which is more than 10000 yuan but less than 100000 yuan, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine of not less than one time but not more than five times of the tax arrears; If the amount is more than 100,000 yuan, and impose a fine of not less than one and not more than five times the amount of tax owed.
Article 204 [Crime of Fraudulent Export Tax Refund] [Crime of Tax Evasion] Whoever defrauds the State of export tax refunds by false export reports or other deceptive means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine of not less than one time but not more than five times the amount of tax defrauded; if the amount is especially huge or other especially serious circumstances are involved, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one but not more than five times the amount of tax fraudulently obtained or confiscation of property.
A taxpayer who, after paying the tax, fraudulently obtains the tax paid by means of deception as provided in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 201 of this Law; the portion of the tax fraudulently exceeding the tax paid shall be punished in accordance with the provisions of the preceding paragraph.
Article 205 Whoever falsely makes out special VAT invoices or other invoices used to defraud export tax rebates or tax deduction shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount of false tax is large 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 a fine of not more than 50,000 yuan; if the amount of tax falsely charged is huge or if there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
If a unit commits a crime specified in this article, it shall be fined, and its directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount of tax falsely charged is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years; if the amount of tax falsely charged is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term.
Falsely making out special VAT invoices or falsely making out other invoices used to defraud export tax refunds or offset tax payments refers to one of the acts of falsely making out for others, falsely making out for oneself, letting others falsely making out for oneself, or introducing others to falsely making out.
Article 205 one [crime of falsely issuing invoices] falsely issuing invoices other than those specified in Article 205 of this Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 206 [crime of forging or selling forged special VAT invoices] whoever forges or sells forged special VAT invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than 20000 yuan but not more than 200000 yuan; if the number is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not more than 50000 yuan but not more than 500000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
If a unit commits a crime specified in this article, it shall be fined, and the persons directly in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the number is large or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years and not more than 10 years; if the number is large or there are other particularly serious circumstances, the sentence shall be fixed-term fixed-term imprisonment of fixed-term of not more than 10 years or life imprisonment.
Article 207 [Crime of Illegal Sale of Special VAT Invoices] Whoever illegally sells special VAT invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. Larger ones shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
Article 208 [Crime of illegally purchasing special value-added tax invoices or purchasing forged special value-added tax invoices] Illegal purchase of special value-added tax invoices or purchase of forged special value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced Or a fine of not less than 20,000 yuan but not more than 200,000 yuan.
[Crime of falsely issuing special value-added tax invoices, crime of selling forged special value-added tax invoices, crime of illegally selling special value-added tax invoices] Illegal purchase of special value-added tax invoices or purchase of forged special value-added tax invoices and falsely issuing or selling them shall be in accordance with this Law. The provisions of Article 205, Article 206, and Article 207 are convicted and punished.
Article 209 Whoever forges, manufactures or sells without authorization other invoices that can be used to defraud export tax rebates or offset taxes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the quantity is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine of not more than 50,000 yuan but not more than 500,000 yuan; if the number is particularly large, he shall be sentenced to fixed-term imprisonment of not less than seven years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
[crime of illegally manufacturing or selling illegally manufactured invoices] whoever forges, manufactures or sells forged or manufactured invoices other than those specified in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine of not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and a fine of 50,000 yuan but not more than 500,000 yuan.
[Crime of illegally selling invoices for defrauding export tax rebates and tax deductions] Illegal sales of other invoices that can be used to defraud export tax rebates and tax deductions shall be punished in accordance with the provisions of the first paragraph.
[Crime of Illegal Sale of Invoices] Whoever illegally sells invoices other than those specified in the third paragraph shall be punished in accordance with the provisions of the second paragraph.
Article 210 [Crime of Theft] Whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax refunds or offset taxes shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
[Crime of Fraud] Anyone who uses deceptive means to defraud special invoices for value-added tax or other invoices that can be used to defraud export tax refunds or tax deductions shall be convicted and punished in accordance with the provisions of Article 266 of this Law.
Article 210 1 [Crime of Holding Forged Invoices] Whoever knowingly holds forged invoices in large quantities shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined; if the quantity is huge, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 211 [Provisions on Penalties for Units Committing Crimes of Endangering Tax Collection and Administration] If a unit commits a crime specified in Articles 201, 203, 204, 207, 208 and 209 of this section, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of each article.
Article 212 [Principle of Priority in Tax Collection] If a person commits the crimes specified in Articles 201 to 205 of this Section and is sentenced to a fine or confiscation of property, the tax authorities shall recover the tax and the export tax refund defrauded before execution.
 
Section 7 Crimes of Infringing Intellectual Property Rights
Article 213
[crime of counterfeiting registered trademark] whoever uses the same trademark as its registered trademark on the same kind of commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 214 [Crime of Selling Commodities with Counterfeit Registered Trademarks] Whoever sells commodities that he knows are counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine; if the amount of sales is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 215 [crime of illegally manufacturing or selling illegally manufactured registered trademark marks] whoever forges or manufactures another person's registered trademark marks without authorization or sells forged or manufactured registered trademark marks 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 shall also or separately be sentenced to a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
Article 216 Whoever counterfeits another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.
Article 217 [crime of copyright infringement] for the purpose of making profits, anyone who infringes copyright in one of the following circumstances, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine:
(I) reproducing and distributing his written works, musical works, cinematographic works, television works, video works, computer software and other works without the permission of the copyright owner;
(II) publishing a book for which another person enjoys the exclusive right of publication;
(III) reproducing and distributing a sound recording or video recording without the permission of the producer of the sound recording or video recording;
(IV) the production or sale of a work of art that impersonates the signature of another person.
Article 218 [Crime of Selling Infringement Copies] For the purpose of profit, anyone who sells infringing copies that he knows are as stipulated in Article 217 of this Law, and the amount of illegal income is huge, shall be sentenced to fixed-term imprisonment of not more than three years Or criminal detention, and a fine or a fine.
Article 219 [Crime of Infringing Trade Secrets] Whoever commits one of the following acts of infringing upon trade secrets and causes heavy losses to the obligee of the trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine:
(I) obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
(II) disclosing, using or allowing others to use the trade secrets of the obligee obtained by the preceding means;
(III) disclose, use or allow others to use the trade secrets in their possession in violation of the agreement or in violation of the obligee's requirements for keeping the trade secrets.
Whoever, knowing or should have known the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be regarded as infringing upon the trade secrets.
The term "trade secret" as mentioned in this article refers to the technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical and has been protected by the right holder.
The term "right holder" as mentioned in this article refers to the owner of the trade secret and the user of the trade secret permitted by the owner of the trade secret.
Article 220 [Provisions on the Punishment of Units for Crimes of Infringement of Intellectual Property Rights] If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined, and the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section.
 
Section 8 Crimes of Disrupting Market Order
Article 221
[crime of damaging commercial reputation and commodity reputation] whoever fabricates and spreads false facts, damages the commercial reputation and commodity reputation of others, causes heavy losses to others or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be sentenced to a fine or a fine.
Article 222 [Crime of False Advertising] Advertisers, advertising agents, or advertisement publishers who, in violation of state regulations, use advertisements to falsely promote goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or separately be fined.
Article 223 [Crime of Collusion in Bidding] If bidders collude with each other in bidding and quotation, to the detriment of the interests of the tenderer or other bidders, if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine.
A bidder who colludes with the tenderer in bidding and harms the legitimate interests of the state, the collective or the citizens shall be punished in accordance with the provisions of the preceding paragraph.
Article 224 [Crime of Contract Fraud] Under any of the following circumstances, for the purpose of illegal possession, in the process of signing or performing a contract, defrauding the other party's property, the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention shall also be sentenced to a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine, to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and to a fine or confiscation of property:
(I) signing a contract in the name of a fictitious unit or in the name of another person;
The (II) uses forged, altered or invalid bills or other false property rights certificates as security;
The (III) does not have the actual ability to perform, and entices the other party to continue to sign and perform the contract by performing a small contract first or partially;
The (IV) accepts the goods, payment for goods, advance payment or secured property from the other party and then flees into hiding;
(V) defrauding the other party's property by other means.
Article 224-1 [Crime of Organizing and Leading MLM Activities] Organize and lead participants in the name of selling goods, providing services and other business activities, require participants to obtain the qualification to join by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, directly or indirectly using the number of development personnel as the basis for remuneration or rebate, induce and coerce participants to continue to develop others to participate and defraud property, anyone who disturbs the economic and social order of pyramid schemes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Article 225 [crime of illegal business operation] whoever, in violation of state regulations, commits one of the following illegal business acts and disturbs the market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to a fine of not less than one time but not more than five times the illegal income or confiscation of property; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and a fine of not less than one time, and:
(I), without permission, dealing in articles for monopoly or sale as prescribed by laws and administrative regulations, or other articles whose sale is restricted;
(II) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents prescribed by laws and administrative regulations;
(III) illegally engage in securities, futures or insurance business without the approval of the relevant competent departments of the State, or illegally engage in fund payment and settlement business;
(IV) other illegal business operations that seriously disrupt market order.
Article 246 [Crime of Forced Trading] Whoever commits one of the following acts by means of violence or threat, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(I) buying and selling goods by force;
(II) force others to provide or receive services;
(III) force others to participate in or withdraw from the bidding or auction;
(IV) force others to transfer or acquire shares, bonds or other assets of a company or enterprise;
(V) force others to participate in or withdraw from specific business activities.
Article 227 [crime of forging or reselling forged valuable tickets] whoever forges or resells forged tickets, ship tickets, stamps or other valuable tickets, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine of not less than one time but not more than five times the ticket price; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and a fine.
[crime of reselling tickets and ship tickets] whoever resells tickets or ship tickets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined not less than one time but not more than five times the price of the tickets.
Article 228 [crime of illegal transfer and reselling of land use right] for the purpose of making profits, in violation of land administration laws and regulations, illegally transfer or resell land use right, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to a fine of not less than 5% but not more than 20% for the illegal transfer or resale of land use right; if the circumstances are especially serious, shall be sentenced to fixed-term of not more than three years but not more than seven years, it shall also impose a fine of not less than 5% and not more than 20% for the illegal transfer or resale of land-use rights.
Article 229 [Crime of Providing False Certification Documents] Personnel of intermediary organizations that undertake the duties of asset evaluation, capital verification, verification, accounting, auditing, legal services, etc., deliberately provide false certification documents. If the circumstances are serious, they shall be sentenced to not more than five years. Fixed-term imprisonment or criminal detention, and a fine.
[crime of providing false supporting documents] whoever commits the crime mentioned in the preceding paragraph by soliciting property from others or illegally accepting property from others shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
[crime of issuing major false certification documents] if the personnel specified in the first paragraph are seriously irresponsible, and the certification documents issued are materially inaccurate, resulting in serious consequences, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be fined.
Article 230 [Crime of Evading Commodity Inspection] Violationimport and export commodity inspection lawIf the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine or a fine.
Article 231 [Provisions on the Punishment of Units for Crimes of Disrupting Market Order] If a unit commits the crimes specified in Articles 221 to 230 of this section, the unit shall be fined, and the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the provisions of this section.
 
Chapter IV Crimes of Infringing upon Citizens' Rights of the Person and Democratic Rights
Article 232
[crime of intentional homicide] whoever commits intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 233 [crime of negligence causing death] whoever causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. Where this Law provides otherwise, the provisions shall prevail.
Article 234 [Crime of Intentional Injury] Whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years; whoever causes death or serious injury to a person by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, the provisions shall prevail.
Article 234 1 [Crime of Organizing the Sale of Human Organs] Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated of property.
[crime of intentional injury] [crime of intentional homicide] anyone who takes his organs without his consent, or takes the organs of a person under the age of 18, or forces or deceives others to donate organs, shall be convicted and punished in accordance with the provisions of articles 234 and 232 of this law.
[crime of theft, insult, intentional destruction of corpse, bones and ashes] whoever takes away his corpse organs against his or her wishes, or takes away his or her corpse organs against the wishes of his or her close relatives without his or her consent before his or her life, in violation of state regulations, shall be convicted and punished in accordance with the provisions of Article 305 of this Law.
Article 235 [Crime of Negligence Causing Serious Injury] Whoever negligently injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where this Law provides otherwise, the provisions shall prevail.
Article 236 [Crime of Rape] Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Whoever has sexual intercourse with a girl under the age of fourteen shall be treated as rape and given a heavier punishment.
Whoever rapes a woman or has adultery with a young girl shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death in any of the following circumstances:
(I) raping a woman or having sexual intercourse with a young girl for a bad reason;
(II) raping women or having adultery with young girls;
(III) raping women in public;
Gang rape by two or more (IV) persons;
(V) causing serious injury or death to the victim or other serious consequences.
Article 237 [crime of compulsory indecency or insult] whoever forcibly molests another person or insults a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph by gathering a crowd or in public, or in other abominable circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
Article 238 [crime of illegal detention] whoever illegally detains another person or illegally deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are guilty of assault or insult shall be given a heavier punishment.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years; if he causes death, he shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause a person's disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever illegally detains or detains another person for the purpose of claiming debts shall be punished in accordance with the provisions of the preceding two paragraphs.
State functionaries who take advantage of their functions and powers to commit the crimes specified in the preceding three paragraphs shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Article 239 [Crime of Kidnapping] Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined.
Whoever commits the crime mentioned in the preceding paragraph, kills a kidnapped person, or intentionally injures a kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and shall also be sentenced to confiscation of property.
Whoever steals an infant or infant for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs.
Article 240 [Crime of abducting and trafficking in women and children] Whoever abducts and traffickers in women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; in any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or confiscated of property; if the circumstances are especially serious, he shall be sentenced to death and concurrently confiscated of property:
(I) the ringleaders of groups that abduct and traffic in women and children;
(II) abducting and trafficking in three or more women or children;
(III) raping abducted women;
(IV) luring or forcing an abducted woman to engage in prostitution or selling an abducted woman to another person to force her to engage in prostitution;
(V) kidnapping women or children by means of violence, coercion or anesthesia for the purpose of selling them;
(VI) stealing infants and young children for the purpose of selling them;
(VII) causing serious injury, death or other serious consequences to the abducted woman, child or their relatives;
(VIII) selling women and children abroad.
Abduction and trafficking in women or children refers to one of the acts of abducting, kidnapping, buying, selling, transporting or transferring women or children for the purpose of selling.
Article 341 [Crime of buying abducted women or children] Whoever buys an abducted woman or child shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
[crime of rape] whoever buys an abducted woman and forcibly has sexual relations with her shall be convicted and punished in accordance with the provisions of Article 236 of this Law.
[crime of illegal detention [crime of intentional injury] [crime of insult] whoever buys abducted women or children, illegally deprives or restricts their personal freedom, or commits criminal acts such as injury or insult, shall be convicted and punished in accordance with the relevant provisions of this Law.
Whoever buys a woman or child who has been abducted and trafficked in, and commits the criminal act specified in the second and third paragraphs, shall be punished in accordance with the provisions on combined punishment for several crimes.
[Crime of abducting and trafficking in women or children] Whoever buys and sells an abducted woman or child shall be convicted and punished in accordance with the provisions of Article 240 of this Law.
Those who buy abducted women or children and do not abuse the children and do not hinder their rescue may be given a lighter punishment; those who, according to the wishes of the bought women and do not hinder their return to their original place of residence, may be given a lighter or mitigated punishment.
Article 242 [crime of obstructing public affairs] anyone who obstructs the staff of state organs from rescuing bribed women or children by means of violence or threat shall be convicted and punished in accordance with the provisions of Article 277 of this Law.
[crime of gathering a crowd to hinder the rescue of bribed women and children] the ringleaders who gather a crowd to hinder the staff of state organs from rescuing bribed women and children shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if other participants use violence or threats, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 243 [crime of false accusation and frame-up] whoever fabricates facts to falsely accuse and frame others with the intention of making others subject to criminal investigation 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Any functionary of a State organ who commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
The provisions of the preceding two paragraphs shall not apply to those who do not intend to make a false accusation, but make a false accusation, or make a false accusation.
Article 244 [Crime of Forced Labor] Whoever forces another person to work by means of violence, threat or restriction of personal freedom shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Any person who, knowing that another person has committed the act in the preceding paragraph, recruits or transports persons for that person or assists in other acts of forcing another person to work shall be punished in accordance with the provisions of the preceding paragraph.
If 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 244 (1) [Crime of employing child labor in critical labor] Whoever, in violation of labor management laws and regulations, employs minors under the age of 16 to engage in ultra-intensive manual labor, or to engage in high-altitude or underground operations, or to work in explosive, flammable, radioactive, toxic and other dangerous environments, if the circumstances are serious, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be sentenced to a fine.
Whoever commits the act mentioned in the preceding paragraph and causes an accident and constitutes another crime shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 245 [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 246 [Crime of insult] [Crime of libel] Whoever openly insults another person by violence or other means or fabricates facts to slander another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crime mentioned in the preceding paragraph shall be dealt with only if it is told, with the exception of those that seriously endanger the social order and the interests of the State.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Article 247 [Crime of Extorting Confessions by Torture] [Crime of Obtaining Evidence by Violence] Judicial personnel who use torture to extract confessions from criminal suspects or defendants or use violence to extract testimony from witnesses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes disability or death to a person shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
Article 248 [Crime of Maltreatment of a Superintendent] Supervisors of prisons, detention centers, detention centers and other supervisory institutions beat or abuse the person under supervision. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever causes disability or death to a person shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.
A person in charge of supervision who instigates a person under supervision to beat up or physically punish another person under supervision shall be punished in accordance with the provisions of the preceding paragraph.
Article 249 [crime of inciting ethnic hatred and ethnic discrimination] whoever incites ethnic hatred or ethnic discrimination, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 250 [Crime of Publishing Works of Discrimination or Insulting Ethnic Minorities] Where content that discriminates against or insults ethnic minorities is published in publications, if the circumstances are bad and cause serious consequences, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, Criminal detention or surveillance.
Article 251 [crime of illegally depriving citizens of their freedom of religious belief] [crime of infringing upon the customs and habits of ethnic minorities] functionaries of state organs who illegally deprive citizens of their freedom of religious belief and infringe upon the customs and habits of ethnic minorities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 252 [Crime of Infringement of Freedom of Communication] Whoever conceals, destroys or illegally opens another person's letter, infringes upon a citizen's right to freedom of communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 [Crime of Unauthorized Opening, Concealing, Destroying and Discarding Mail and Telegrams] A postal worker who privately opens or conceals or destroys mail or telegrams shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph and steals property shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
Article 253 1 [Crime of Infringing Citizens' Personal Information] Whoever, in violation of relevant state regulations, sells or provides citizens' personal information to others, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
Whoever, in violation of the relevant provisions of the State, sells or provides to others the personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever steals or unlawfully obtains the personal information of citizens by other means shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of those paragraphs.
Article 254 [Crime of Retaliation and Framing] Any functionary of a state agency who abuses his power or pretends to be a public servant to retaliate and frame up the accuser, complainant, critic, or whistleblower shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; the circumstances are serious, Sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
Article 255 [Crime of retaliating against accountants and statisticians] Leaders of companies, enterprises, institutions, agencies, and organizations shall perform their duties in accordance with the law and resist violationsaccounting law,statistical lawIf the accounting or statistical personnel who commit the acts retaliate, if the circumstances are flagrant, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 256 [crime of sabotaging elections] when electing deputies to people's congresses at all levels and leaders of state organs, whoever, if the circumstances are serious, uses violence, threats, deception, bribery, falsification of election documents, false reporting of election votes, or other means to undermine the election or hinder voters and deputies from freely exercising their right to vote and to be elected, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.
Article 257 [Crime of Violent Interference in Freedom of Marriage] Anyone who interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.
The first crime, told to deal.
Article 258 [Crime of Bigamy] Whoever has a spouse and bigamies, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 259 [Crime of Destroying Military Marriage] Whoever knowingly lives with or marries the spouse of an active-duty soldier shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever, by taking advantage of his power or affiliation, has sexual intercourse with the wife of an active serviceman by coercive means shall be convicted and punished in accordance with the provisions of Article 236 of this Law.
Article 260 [Crime of Maltreatment] Whoever maltreats a family member, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.
The crime of the first paragraph shall be dealt with only if it is told, except where the victim is unable to tell, or is unable to tell because of coercion or intimidation.
Article 260 one [crime of maltreating the person under guardianship or caretaker] those who are responsible for the guardianship or care of minors, the elderly, the sick, the disabled and other persons who abuse the person under guardianship or care, if the circumstances are bad, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph shall, at the same time, constitute other crimes, be convicted and punished in accordance with the provisions for heavier punishment.
Article 261 [Crime of Abandonment] For old, young, sick or other persons who do not have the ability to live independently, who have the obligation to support and refuse to support, if the circumstances are bad, they shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance.
Article 262 [Crime of Child Abduction] Whoever abducts a minor under the age of 14 and leaves his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 262 1 [Crime of Organizing Persons with Disabilities or Children to Beg] Anyone who organizes persons with disabilities or minors under the age of 14 to beg by violence or coercion shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
Article 262 bis [crime of organizing minors to carry out activities in violation of public security administration] whoever organizes minors to carry out activities in violation of public security administration, such as theft, fraud, robbery, extortion, etc., shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
 
Chapter V Offences against Property
Article 263
[crime of robbery] whoever robbing public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; in any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined or confiscated of property:
(I) entering the house to rob;
(II) robbery on public transport;
(III) robbing banks or other financial institutions;
(IV) robbing many times or robbing a huge amount of money;
(V) robbery causing serious injury or death;
(VI) robbing by impersonating military and police personnel;
(VII) armed robbery;
(VIII) and robbing military materials or materials for rescue, disaster relief or relief.
Article 264 [Theft] Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglaries, steals with lethal weapons, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced Or a single fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to a fine or confiscation of property.
Article 265 [crime of theft] for the purpose of making profits, anyone who steals another person's communication line, copies another person's telecommunication code number, or knowingly uses telecommunication equipment or facilities that are stolen or copied shall be convicted and punished in accordance with the provisions of Article 264 of this law.
Article 266 [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine. Where this Law provides otherwise, the provisions shall prevail.
Article 267 [Crime of Seizure] Whoever seizes public or private property in a relatively large amount, or repeatedly seizes, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years or life imprisonment, and confiscation of property.
[Robbery] Whoever carries a lethal weapon for robbery shall be convicted and punished in accordance with the provisions of Article 266 of this Law.
Article 268 [crime of gathering a crowd to loot] where the amount of public or private property is relatively large or there are other serious circumstances, the ringleaders and those who actively participate in it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the amount is huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined.
Article 269 [transformed crime of robbery] Whoever commits the crime of theft, fraud or robbery, uses violence or threatens to use violence on the spot in order to conceal stolen goods, resist arrest or destroy criminal evidence, shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Article 270 [Crime of Embezzlement] Whoever illegally takes possession of another person's property in custody for himself, and refuses to return it, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
Whoever unlawfully takes possession of another person's forgotten or buried objects, if the amount is relatively large, and refuses to hand them over, shall be punished in accordance with the provisions of the preceding paragraph.
This crime shall be dealt with only if it is told.
Article 271 [Crime of Occupation] Personnel of a company, enterprise or other unit who take advantage of their position to illegally occupy the property of their unit for their own possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.
[crime of embezzlement] if a person engaged in public service in a state-owned company, enterprise or other state-owned unit or a person assigned by a state-owned company, enterprise or other state-owned unit to a non-state-owned company, enterprise or other unit to engage in public service has committed the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Article 382 and Article 383 of this Law.
Article 272 [Crime of Misappropriating Funds] A staff member of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, if the amount is relatively large and has not been returned for more than three months, or if the amount is relatively large, engage in profit-making activities, or engage in illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever misappropriates a huge amount of funds of his own unit, or fails to return a large amount, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
[crime of misappropriating public funds] if a person engaged in public service in a state-owned company, enterprise or other state-owned unit or a person appointed by a state-owned company, enterprise or other state-owned unit to engage in public service in a non-state-owned company, enterprise or other unit has committed the act specified in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Article 273 [Crime of Misappropriating Specific Funds and Articles] Misappropriating funds and articles used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, and relief, if the circumstances are serious and cause major damage to the interests of the country and the people, the direct responsibility The person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.
Article 274 [crime of extortion] whoever extorts public or private property with a large amount or repeated extortion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine; if the amount is particularly large or there are other particularly serious circumstances, he shall be sentenced.
Article 275 [crime of intentional destruction of property] whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 276 [Crime of sabotaging production and business operation] Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates livestock or damages production and business operation by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 276-1 [crime of refusing to pay labor remuneration] evading payment of labor remuneration by means of property transfer, hiding, etc., or being able to pay but not paying the labor remuneration of workers, if the amount is relatively large, if the relevant government departments order the payment and still fail to pay, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be sentenced to fixed-term imprisonment of not more than three years but not more than seven years and a fine.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
If the acts mentioned in the preceding two paragraphs have not caused serious consequences, the punishment may be mitigated or exempted if the laborer's labor remuneration is paid before the prosecution is initiated and the corresponding compensation liability is borne according to law.
 
Chapter VI Crimes of Impairing the Order of Social Administration
Section 1 Crimes of Disturbing Public Order
Article 277
[crime of obstructing public affairs] whoever obstructs the functionaries of state organs from performing their duties according to law by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Whoever, by means of violence or threat, obstructs deputies to the National People's Congress or local people's congresses from performing their duties according to law shall be punished in accordance with the provisions of the preceding paragraph.
Whoever, in the event of natural disasters or emergencies, obstructs the staff of the Red Cross Society by means of violence or threat from performing their duties in accordance with the law shall be punished in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs a State security organ or public security organ from carrying out a State security task in accordance with the law, without using violence or threats, thus causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks a people's policeman who is performing his duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.
Article 278 [crime of inciting violence to resist the implementation of laws] whoever incites the masses to violently resist the implementation of state laws and 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 279 [Crime of swindling] Whoever pretends to be a functionary of a state organ to swindle shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever pretends to be a people's policeman and swindles shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 280 [crime of forging, altering, buying or selling official documents, certificates and seals of state organs] [crime of stealing, robbing or destroying official documents, certificates and seals of state organs] whoever forges, alters, buys or sells or steals, snatches or destroys official documents, certificates or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and a fine; if the circumstances are serious, and a fine.
[crime of forging the seal of a company, enterprise, institution or people's organization] whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined.
[crime of forging, altering or buying and selling identity documents] whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights and a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
Article 280 one [crime of using false identity documents and embezzling identity documents] in activities that should provide identity certificates in accordance with state regulations, use forged, altered or embezzled resident identity cards, passports, social security cards, driving licenses and other documents that can be used to prove identity according to law, if the circumstances are serious, they shall be sentenced to criminal detention or public surveillance, and shall also or separately be fined.
Whoever commits any of the acts described in the preceding paragraph and at the same time constitutes any other crime shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 281 [Crime of Illegal Production, Sale and Purchase of Police Equipment] Illegal production, sale and purchase of special signs and police equipment such as people's police standard clothing, vehicle number plates, etc., if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 282 [crime of illegally obtaining state secrets] whoever illegally obtains state secrets by means of stealing, spying or buying shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
[crime of illegally holding state top secret or confidential documents, materials and articles] whoever illegally holds state top secret or confidential documents, materials or other articles and refuses to explain the source and use shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 283 [crime of illegal production and sale of special spy equipment, eavesdropping and stealing special equipment] whoever illegally produces or sells special spy equipment or eavesdropping or stealing special equipment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 284 [crime of illegal use of special equipment for eavesdropping and stealing photos] whoever illegally uses special equipment for eavesdropping or stealing photos, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Article 284 1 [Crime of Organizing Cheating in Examinations] Anyone who organizes cheating in a national examination prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine; if the circumstances are serious, he shall be sentenced to three years Fixed-term imprisonment of not less than seven years and a fine.
Whoever provides cheating equipment or other assistance for another person to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
[crime of illegally selling or providing test questions and answers] whoever illegally sells or provides test questions and answers specified in the first paragraph to others in order to cheat in an examination shall be punished in accordance with the provisions of the first paragraph.
[Crime of Substituting Examination] Whoever substitutes for another person or allows another person to take the examination specified in the first paragraph on his own behalf shall be sentenced to criminal detention or public surveillance, and shall also or shall only be fined.
Article 285 [Crime of Illegally Invading Computer Information Systems] Whoever, in violation of state regulations, invades computer information systems in the fields of state affairs, national defense construction, or cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
[crime of illegally obtaining computer information system data and illegally controlling computer information system] in violation of state regulations, invading computer information systems other than those specified in the preceding paragraph or using other technical means to obtain data stored, processed or transmitted in the computer information system, or illegally controlling the computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, concurrently or solely fined. If the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be sentenced to a fine.
[crime of providing programs and tools for intruding into or illegally controlling computer information systems] those who provide programs and tools specially used for intruding into or illegally controlling computer information systems, or provide programs and tools for others who knowingly commit illegal and criminal acts of intruding into or illegally controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of those paragraphs.
Article 286 [Crime of Destroying Computer Information System] Whoever, in violation of state regulations, deletes, modifies, adds, or interferes with the functions of a computer information system, causing the computer information system to fail to operate normally, and the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years Or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever, in violation of State regulations, deletes, modifies or adds data and applications stored, processed or transmitted in computer information systems, with serious consequences, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever intentionally produces or spreads computer viruses or other destructive programs that affect the normal operation of computer systems, and the consequences are serious, shall be punished in accordance with the provisions of the first paragraph.
If a unit commits the crimes mentioned in the preceding three 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 286 1 [crime of refusing to perform the obligation of information network security management] if the network service provider fails to perform the obligation of information network security management stipulated by laws and administrative regulations, and refuses to make corrections after being ordered by the regulatory authorities to take corrective measures, under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined:
(I) causing a large amount of illegal information to spread;
(II) cause the disclosure of user information, resulting in serious consequences;
(III) causing the loss of evidence in a criminal case, if the circumstances are serious;
(IV) there are other serious circumstances.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits any of the acts referred to in the preceding two paragraphs, which at the same time constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 287 [suggestive provisions on committing crimes by using computers] whoever uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
Article 287 1 [Crime of Illegal Use of Information Network] Whoever uses an information network to commit one of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine alone:
(I) the establishment of websites and communication groups for committing fraud, imparting criminal methods, making or selling prohibited items, controlled items and other illegal and criminal activities;
(II) release information on the production or sale of drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal crimes;
(III) publishing information for the purpose of committing illegal and criminal activities such as fraud.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Whoever commits any of the acts referred to in the preceding two paragraphs, which at the same time constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 287 bis [Crime of Helping Information Cyber Criminal Activities] Knowing that others use information networks to commit crimes, provide technical support such as Internet access, server hosting, network storage, communication transmission, etc. for their crimes, or provide advertising promotion, Payment and settlement and other assistance, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or separately fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Whoever commits any of the acts referred to in the preceding two paragraphs, which at the same time constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 288 [crime of disturbing the order of radio communication management] whoever, in violation of state regulations, sets up or uses radio stations (stations) without authorization, or uses radio frequencies without authorization to interfere with the order of radio communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
If a unit commits the crime mentioned in the 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 punished in accordance with the provisions of the preceding paragraph.
Article 289 [Crime of Intentional Injury] [Crime of Intentional Homicide] [Crime of Robbery] Gathering a crowd to "smash, smash and rob", causing disability or death, shall be in accordance with Articles 234 and 232 of this Law The provisions of Article one hundred and thirty-two are convicted and punished. Whoever destroys or takes away public or private property shall, in addition to the order of refund and compensation, be convicted and punished in accordance with the provisions of Article 163 of this Law.
Article 290 [Crime of Gathering a Crowd to Disrupt Social Order] Gathering a crowd to disrupt social order, and the circumstances are serious, making it impossible to carry out work, production, business, teaching, scientific research, or medical treatment, causing serious losses, the ringleaders shall be sentenced to three years Fixed-term imprisonment of not less than seven years; other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or deprivation or deprivation of political rights.
[crime of gathering a crowd to attack a state organ] whoever gushes a crowd to attack a state organ, which makes it impossible to carry out the work of the state organ and causes serious losses, the ringleader shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; for other active participants, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
[crime of disturbing the work order of state organs] whoever repeatedly disturbs the work order of state organs and fails to correct it after administrative punishment, resulting in serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
[crime of organizing and financing illegal gathering] those who repeatedly organize or subsidize illegal gathering of others and disturb social order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Article 291 [crime of gathering a crowd to disturb the order of public places and traffic order] gathering a crowd to disturb the order of stations, docks, civil aviation stations, shopping malls, parks, cinemas, exhibitions, sports grounds or other public places, gathering a crowd to block traffic or disrupt traffic order, resist or hinder the state public security administration personnel from performing their duties according to law, The chief elements shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public detention.
Article 291 [crime of throwing false dangerous substances] [crime of fabricating and deliberately spreading false terrorist information] throwing false explosive, toxic, radioactive, infectious disease pathogens and other substances, or fabricating terrorist information such as explosion threats, biochemical threats, radiological threats and other terrorist information, or knowing that it is fabricated terrorist information and deliberately spreading, seriously disturbing social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than five years.
[crime of fabricating and deliberately spreading false information] fabricating false dangerous situations, epidemics, disasters or police information, spreading them on information networks or other media, or knowingly spreading the above-mentioned false information on information networks or other media, seriously disturbing social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 292 [Crime of Gathering People to Fight] For gathering people to fight, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; under any of the following circumstances, 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:
(I) repeatedly gathering people to fight;
(II) the number of people gathering to fight, the scale is large, and the social impact is bad;
(III) gathering people to fight in public places or on major traffic routes, causing serious social disorder;
(IV) armed for affray.
Whoever gathers a crowd to fight and causes serious injury or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Article 293 [Crime of Provocation] Whoever commits one of the following acts of provocation and provocation and disrupts social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(I) assault others at will, if the circumstances are bad;
(II) chasing, intercepting, abusing or intimidating others, if the circumstances are flagrant;
(III) forcibly demanding or arbitrarily damaging, destroying or occupying public or private property, if the circumstances are serious;
(IV) making noise in public places, causing serious disorder in public places.
Whoever assembles others to commit the acts mentioned in the preceding paragraph many times and thus seriously disrupts public order shall be sentenced to fixed-term imprisonment of not less than five years and not more than 10 years, and may also be fined.
Article 294 [Crime of organizing, leading, or participating in a triad organization] Organizing or leading a triad organization shall be sentenced to fixed-term imprisonment of not less than seven years and confiscation of property; those who actively participate shall be sentenced to not less than three years but not more than seven years Fixed-term imprisonment may also be fined or confiscated of property; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or deprivation or deprivation of political rights, and may also be fined.
[crime of entering the country to develop triad organizations] if a member of a triad organization from abroad the People's Republic of China a member of a development organization in China, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
[crime of harboring or conniving at underworld organizations] any functionary of a state organ who harbors an underworld organization or connives at an underworld organization to carry out illegal and criminal activities shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever commits the crimes mentioned in the preceding three paragraphs and commits other criminal acts shall be punished in accordance with the provisions on combined punishment for several crimes.
Organizations of a triad nature should have the following characteristics at the same time:
(I) form a relatively stable criminal organization with a relatively large number of people, clear organizers and leaders, and basically fixed backbone members;
(II) have a certain economic strength to support the activities of the organization by systematically obtaining economic benefits through illegal and criminal activities or other means;
(III) use violence, threats or other means to conduct organized and repeated illegal and criminal activities to do evil, oppress and maim the masses;
By carrying out illegal and criminal activities, or by taking advantage of the shielding or connivance of state functionaries, (IV) dominate one party, form illegal control or significant influence in a certain area or industry, and seriously disrupt the order of economic and social life.
Article 295 [Crime of Teaching Criminal Methods] Whoever teaches criminal methods shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 296 [crime of illegal assembly, procession or demonstration] if an assembly, procession or demonstration is held without application in accordance with the provisions of the law or without permission, or in accordance with the starting and ending time, place and route permitted by the competent authority, and refuses to obey the dissolution order, which seriously disrupts the social order, the person in charge of the assembly, procession or demonstration and the person directly responsible shall be dealt, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Article 297 [Crime of illegally carrying weapons, controlled knives, or explosives to participate in assemblies, processions, or demonstrations] Violation of the law, carrying weapons, controlled knives, or explosives to participate in assemblies, processions, or demonstrations, shall be sentenced to not more than three years Fixed-term imprisonment, criminal detention, surveillance or deprivation of political rights.
Article 298 [crime of disrupting an assembly, a procession or a demonstration] whoever disturbs, shocks or by other means disrupts an assembly, a procession or a demonstration held in accordance with the law, thus causing public disorder, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Article 299 [crime of insulting the national flag or national emblem] whoever, in a public place, intentionally insults the national flag or national emblem of the People's Republic of China by burning, damaging, scribbling, defiling or trampling on it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever, in public, deliberately tampers with the lyrics or scores of the the People's Republic of China national anthem, plays and sings the national anthem in a distorted or derogatory manner, or insults the national anthem in other ways, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Article 300 [Organizing, using superstitious sects, cult organizations, crimes of using superstition to undermine the implementation of laws] Organizing, using superstitious sects, cult organizations, or using superstition to undermine the implementation of national laws and administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years And a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also, or shall only, be sentenced to a fine.
[Organizing or using the church gate, cult organization, using superstition to cause serious injury or death] Organizing or using the church gate, cult organization, or using superstition to deceive others, causing serious injury or death, shall be punished in accordance with the provisions of the preceding paragraph.
Any person who commits one of the crimes in the first paragraph of this article and commits crimes such as raping a woman or defrauding money or property shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 801 [crime of gathering a crowd for fornication] whoever grosses a crowd to carry out fornication activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for the ringleaders or those who take part in it many times.
[The crime of inducing minors to gather for fornication] Whoever induces minors to participate in activities of gathering for fornication shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Article 102 [Crime of Stealing, Insulting, or Intentionally Destroying a Corpse, Body, Bone or Bone Ashes] Whoever steals, insults, or intentionally destroys a corpse, body, bone or bone ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 703 [Crime of Gambling] Whoever, for the purpose of profit-making, gobbles up to gamble or takes gambling as his business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
[crime of opening a casino] whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Article 104 [Crime of Deliberately Delaying Delivery of Mail] Postal staff who are seriously irresponsible and deliberately delay the delivery of mail, causing heavy losses to public property, the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
 
Section 2 Offences of Obstruction of Justice
Article 105
[crime of perjury] in criminal proceedings, witnesses, appraisers, recorders or translators who deliberately make false certificates, appraisals, records or translations of circumstances that have an important relationship with the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 406 [Crimes of destroying evidence, forging evidence, or obstructing testimony by defenders or agents ad litem] In criminal proceedings, defenders or agents ad litem destroy or forge evidence, help parties destroy or forge evidence, threaten or induce witnesses to violate the facts Whoever changes testimony or gives false testimony shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
If the witness's testimony or other evidence provided, produced or quoted by the defender or agent ad litem is false and is not intentionally forged, it shall not be regarded as forged evidence.
Article 307 [Crime of Obstructing Testimony] Whoever uses violence, threats, bribery, etc. to prevent a witness from testifying or instigate another person to give false testimony shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
[crime of helping to destroy or forge evidence] whoever helps the party concerned to destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Judicial personnel who commit the crimes in the preceding two paragraphs shall be given a heavier punishment.
Article 107 one [crime of false litigation] whoever brings a civil lawsuit with fabricated facts, impairs judicial order or seriously infringes upon the legitimate rights and interests of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits an act mentioned in the first paragraph, illegally occupies another person's property or evades lawful debts, and constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Judicial personnel who take advantage of their functions and powers to jointly commit the acts mentioned in the preceding three paragraphs with others shall be given a heavier punishment; if other crimes are committed at the same time, they shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Article 108 [Crime of Retaliating against Witnesses] Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 108 1 [crime of divulging case information that should not be disclosed] judicial staff, defenders, agents ad litem or other participants in litigation who divulge information that should not be disclosed in cases that are not tried in public according to law, causing public dissemination of information or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine.
[Crime of Intentionally Leaking State Secrets] [Crime of Negligent Disclosure of State Secrets] Whoever divulges state secrets in the act of the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 398 of this Law.
[Crime of disclosing and reporting case information that should not be made public] Publicly disclosing or reporting case information specified in the first paragraph, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.
Article 309 [Crime of Disrupting Court Order] Whoever commits one of the following circumstances to disrupt court order shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine:
(I) gathering a crowd to make a scene and storming the court;
(II) and assaulting judicial personnel or participants in the proceedings;
(III) insults, slanders, or threatens judicial personnel or participants in the proceedings, does not listen to the court's stop, and seriously disrupts the court order;
(IV) there is any act of destroying court facilities, robbing or damaging litigation documents or evidence that disturbs the order of the court, if the circumstances are serious.
Article 30 [Crime of Harbouring and Concealing] Whoever knowingly provides a person who is a criminal with hidden premises or property to help him escape or make false certificates to cover up shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Conspirators to the crime mentioned in the preceding paragraph shall be punished as a joint crime.
Article 311 [Crime of refusing to provide evidence of espionage crimes, terrorist crimes, and extremist crimes] Knowing that others have committed espionage crimes or terrorist or extremist crimes, when the judicial organs investigate the relevant situation and collect relevant evidence, Those who refuse to provide, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 312 [crime of concealing or concealing the proceeds of crime and the proceeds of crime] whoever conceals, transfers, purchases, sells on behalf of or conceals or conceals by other means, knowing that it is the proceeds of crime and the proceeds generated, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be sentenced to a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years and a fine.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 313 [Crime of Refusing to Execute Judgments and Rulings] If a people's court is capable of executing a judgment or ruling but refuses to execute it, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are especially serious, He shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 314 [Crime of Illegal Disposal of Sealed, Seized or Frozen Property] Whoever conceals, transfers, sells off or intentionally damages property that has been sealed up, seized or frozen by judicial organs shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Article 315 [crime of disrupting the order of supervision] if a criminal detained according to law commits one of the following acts of disrupting the order of supervision, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years:
(I) beating a supervisor;
(II) organizing other supervised persons to disrupt the order of supervision;
(III) gathering people to make trouble and disturbing the normal order of supervision;
(IV) beating or corporal punishment or instigating others to beat or corporal punishment of other persons under supervision.
Article 316 [Crime of Escape] If a criminal, defendant, or criminal suspect who is detained in accordance with the law escapes, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
[crime of robbing an escorted person] whoever seizes a criminal, defendant or criminal suspect on the way shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 317 [Crime of Organizing Prison Break] Ringleaders who organize a prison break and those who actively participate in it shall be sentenced to fixed-term imprisonment of not less than five years; others who participate in it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
[Crime of Riot Prison Break] [Crime of Gathering a Crowd to Robb Prison] The ringleaders of riot or armed prison robbery and those who actively participate in it shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstances are particularly serious, they shall be sentenced to death; other participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
 
Section 3 Crimes of Impairing State (Border) Administration
Article 308
[crime of organizing others to secretly cross the national (border) border] whoever organizes others to secretly cross the national (border) border shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated of property:
(I) ringleaders of groups that organize others to secretly cross national (border) borders;
(II) repeatedly organizing others to secretly cross the national border (border) or organizing others to secretly cross the national border (border) with a large number of people;
(III) cause serious injury or death to the organized person;
(IV) depriving or restricting the personal freedom of the organized person;
(V) resisting inspection by means of violence or threat;
The amount of illegal income from (VI) is huge;
(VII) there are other particularly serious circumstances.
Anyone who commits the crime mentioned in the preceding paragraph and commits criminal acts such as killing, injuring, raping, abducting and trafficking against the organized person, or killing or injuring the inspectors shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 319 [Crime of fraudulently obtaining exit documents] Whoever fraudulently obtains exit documents such as passports and visas in the name of labor export, economic and trade exchanges or other names, and uses them for organizing others to secretly cross the national (border) border, shall be sentenced to not more than three years Fixed-term imprisonment and a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 320 [crime of providing forged or altered entry and exit documents] [crime of selling entry and exit documents] providing forged or altered passports, visas and other entry and exit documents for others, or selling passports, visas and other entry and exit documents, shall be sentenced to fixed-term imprisonment of not more than five years and a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and a fine.
Article 341 [crime of transporting others to secretly cross the national (border) border] whoever transports others to secretly cross the national (border) border shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; in any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
The (I) repeatedly carries out the act of transportation or transports a large number of people;
The vessels, vehicles and other means of transport used by the (II) do not have the necessary safety conditions and are sufficient to cause serious consequences;
The amount of illegal income from (III) is huge;
(IV) there are other particularly serious circumstances.
Whoever causes serious injury or death to the person being transported in the course of transporting another person secretly across the national (border) boundary, or resists inspection by means of violence or threat, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits such criminal acts as killing, injuring, raping or abducting and selling the person being transported, or commits such criminal acts as killing or injuring the inspectors, shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 342 [Crime of illegally crossing the national (border) border] Violating the national (border) border management regulations and secretly crossing the national (border) border, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and be fined; Anyone who secretly cross the national (border) border in order to participate in terrorist activities, receive training in terrorist activities, or carry out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year and fine.
Article 323 [Crime of Destroying Boundary Marks and Pillars] [Crime of Destroying Permanent Surveying Marks] Whoever intentionally destroys boundary markers, boundary posts or permanent surveying marks on the national border shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
 
Section 4 Crimes of Impairing the Administration of Cultural Relics
Article 224
[crime of intentionally damaging cultural relics] whoever intentionally damages precious cultural relics protected by the state or cultural relics identified as national key cultural relics protection units or provincial cultural relics protection units shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
[crime of intentionally damaging places of interest] whoever intentionally damages places of interest protected by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined.
[crime of negligent damage to cultural relics] whoever negligently damages precious cultural relics under state protection or cultural relics identified as national key cultural relics protection units or provincial cultural relics protection units, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 225 [crime of illegally selling or giving away precious cultural relics to foreigners] whoever, in violation of the laws and regulations on the protection of cultural relics, privately sells or gives to foreigners precious cultural relics whose export is prohibited by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 336 [Crime of Reselling Cultural Relics] Whoever, for the purpose of making profits, resells cultural relics prohibited by the state from operation, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and be fined; 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.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 327 [Crime of Illegal Sale or Private Gift of Cultural Relics Collections] In violation of cultural relics protection regulations, state-owned museums, libraries and other units sell or privately give state-protected cultural relics collections to non-state-owned units or individuals, the unit shall be sentenced Fines, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 328 [crime of robbing and excavating ancient cultural sites and ancient tombs] whoever robberies and excavates ancient cultural sites or ancient tombs of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years, criminal detention or public surveillance, and shall also be fined:
(I) robbing and excavating ancient cultural sites or ancient tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units;
Ringleaders of groups that (II) the excavation of ancient cultural sites and ancient tombs;
(III) repeatedly excavating sites of ancient culture and ancient tombs;
(IV) robbing and excavating sites of ancient culture or ancient tombs, stealing precious cultural relics or causing serious damage to precious cultural relics.
[Crime of stealing ancient human fossils and ancient vertebrate fossils] Whoever steals ancient human fossils and ancient vertebrate fossils of scientific value protected by the state shall be punished in accordance with the provisions of the preceding paragraph.
Article 329 [Crime of Seizing or Stealing State-owned Archives] Whoever seizes or steals state-owned archives shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
[Crime of Unauthorized Sale and Transfer of State-owned Archives] Violationarchives lawThose who sell or transfer state-owned archives without authorization shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever commits any of the acts specified in the preceding two paragraphs and at the same time constitutes any other crime specified in this Law shall be convicted and punished in accordance with the provisions of the heavier punishment.
 
Section 5 Crimes of Endangering Public Health
Article 330
Crime of Impairing Prevention and Control of Infectious DiseasesLaw on Prevention and Treatment of Infectious DiseasesUnder any of the following circumstances, anyone who causes the spread of Class A infectious diseases or is in serious danger of spreading shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
The drinking water supplied by a (I) water supply unit does not meet the sanitary standards set by the State;
(II) refusing to disinfect sewage, filth and feces contaminated by pathogens of infectious diseases in accordance with the hygiene requirements put forward by the health and epidemic prevention agency;
(III) permitting or conniving infectious disease patients, pathogen carriers and suspected infectious disease patients to engage in work that is prohibited by the health administration department under the State Council and is likely to spread the infectious disease;
(IV) refused to implement the health and epidemic prevention agencies in accordanceLaw on Prevention and Treatment of Infectious DiseasesProposed prevention and control measures.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
The scope of Class A infectious diseases, in accordance with 《the People's Republic of China Law on Prevention and Control of Infectious Diseasesand the relevant provisions of the State Council.
Article 331 [Crime of Proliferation of Infectious Disease Bacteria and Virus Species] Persons engaged in experimentation, preservation, carrying, or transportation of infectious disease bacteria and virus species, in violation of the relevant regulations of the health administration department of the State Council, causing infectious disease bacteria, If the spread of the virus is serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.
Article 332 [Crime of Impairing Border Health and Quarantine] Whoever violates the regulations on border health and quarantine and causes the spread of quarantinable infectious diseases or is in serious danger of spreading shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 333 [Crime of illegally organizing blood sales] [Crime of forced blood sales] Whoever illegally organizes others to sell blood shall be sentenced to fixed-term imprisonment of not more than five years and a fine; anyone who uses violence or threats to force others to sell blood shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine.
Whoever commits the act mentioned in the preceding paragraph and causes harm to others shall be convicted and punished in accordance with the provisions of Article 234 of this Law.
Article 334 [Crime of Illegal Collection, Supply of Blood, Production, Supply of Blood Products] Illegal collection, supply of blood or production or supply of blood products that do not meet the standards prescribed by the state and are sufficient to endanger human health shall be sentenced to not more than five years Fixed-term imprisonment or criminal detention, and a fine; if it causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine; causing particularly serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to a fine or confiscation of property.
[crime of collecting, supplying blood, making or supplying blood products accident] if the department approved by the competent department of the state to collect, supply blood or make or supply blood products fails to carry out testing in accordance with the provisions or violates other operational regulations, resulting in consequences endangering the health of others, the unit shall be fined, and the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 335 [crime of medical accident] medical personnel who, due to serious irresponsibility, cause the death of the patient or seriously damage the health of the patient, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 336 [Crime of Illegal Medical Practice] If a person who has not obtained the qualification to practice medicine illegally practices medicine, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a fine; serious damage to the health of the person treated shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine; if the death of the person is caused.
[crime of illegal birth control operation] a person who has not obtained the doctor's qualification carries out birth control operation, fake birth control operation, pregnancy termination operation or intrauterine device removal for others without authorization. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined; If the patient's health is seriously damaged, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be sentenced to a fine.
Article 337 [Crime of Impairing Animal and Plant Epidemic Prevention and Quarantine] Violation of national regulations on animal and plant epidemic prevention and quarantine causes a major animal and plant epidemic, or is in danger of causing a major animal and plant epidemic, and the circumstances are serious, shall be sentenced to not more than three years Fixed-term imprisonment or criminal detention, and a fine or a fine.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
 
Section 6 Crimes of Destroying the Protection of Environmental Resources
Article 338
[crime of environmental pollution] whoever, in violation of state regulations, discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances, seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or shall be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 339 [Crime of Illegal Disposal of Imported Solid Waste] Whoever, in violation of state regulations, dumps, piles, or disposes of solid waste from abroad shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine; causing major environmental pollution Accidents that cause heavy losses to public and private property or seriously endanger human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine; if the consequences are particularly serious, and a fine.
[crime of importing solid waste without authorization] whoever imports solid waste as raw materials without the permission of the relevant competent department of the State Council, causing major environmental pollution accidents, causing heavy losses to public and private property or seriously endangering human health, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine.
Whoever, in the name of utilizing raw materials, imports solid waste, liquid waste or gaseous waste that cannot be used as raw materials shall be convicted and punished in accordance with the provisions of paragraphs 2 and 3 of Article 152 of this Law.
Article 340 [crime of illegal fishing of aquatic products] whoever, in violation of the laws and regulations on the protection of aquatic resources, fished aquatic products in a closed fishing area, during a closed fishing period, or using prohibited tools or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or fine.
Article 341 [crime of illegal hunting and killing of precious and endangered wild animals] [crime of illegal purchase, transportation and sale of precious and endangered wild animals, precious and endangered wild animal products] illegal hunting and killing of precious and endangered wild animals under special state protection, or illegal purchase, transportation or sale of precious and endangered wild animals and their products under special state protection, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall also be fined; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than ten years, and shall also be fined or property confiscated.
[crime of illegal hunting] whoever, in violation of hunting laws and regulations, hunts in no-hunting areas, no-hunting periods, or uses prohibited tools or methods, and destroys wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Article 342 [crime of illegal occupation of agricultural land] whoever, in violation of land management laws and regulations, illegally occupies cultivated land, forest land and other agricultural land, changes the use of the occupied land, and causes a large amount of damage to cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or separately be fined.
Article 343 [Crime of Illegal Mining] ViolationMineral Resources LawIf the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not more than three years, fixed-term imprisonment of not more than seven years and a fine.
Destructive Mining Crime ViolationMineral Resources LawWhoever exploits mineral resources by destructive mining methods and causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
Article 344 [Crime of Illegal Cutting and Destroying National Key Protected Plants] [Crime of Illegal Purchase, Transportation, Processing, and Sale of National Key Protected Plants and National Key Protected Plant Products] Violating national regulations, illegally cutting or destroying precious trees Or other plants under national key protection, or illegally purchasing, transporting, processing, or selling precious trees or other plants and their products under national key protection, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced to a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be sentenced to a fine.
Article 345 [Crime of Illegal Felling of Forest Trees] Whoever illegally felling a forest or other forest trees, in large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; if the quantity is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
crime of deforestation violationforest lawThe provisions of the law, deforestation of forests or other trees, a large number, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and or a fine; a large number, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine.
[crime of illegal purchase, transportation of illegally felled or deforested trees] whoever illegally purchases or transports trees that are knowingly felled or deforested shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever illegally or indiscriminately fells forests or other trees in national nature reserves shall be given a heavier punishment.
Article 346 [Provisions on the Punishment of Units for Crimes of Destroying Environmental Resources] If a unit commits the crimes specified in Articles 338 to 345 of this section, the unit shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of this section.
 
Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotics
Article 347
[crime of smuggling, trafficking, transporting and manufacturing drugs] smuggling, trafficking, transporting and manufacturing drugs, no matter how much they are, should be investigated for criminal responsibility and given criminal punishment.
Whoever smuggles, traffics in, transports or manufactures narcotic drugs under any of the following circumstances shall be sentenced to 15 years' imprisonment, life imprisonment or death, and concurrently be sentenced to confiscation of property:
(I) smuggling, trafficking in, transporting or manufacturing more than one kilogram of opium, more than 50 grams of heroin or methamphetamine, or other drugs in large quantities;
(II) the ringleaders of drug-smuggling, trafficking, transporting and manufacturing syndicates;
Those who (III) armed forces to cover smuggling, trafficking in, transporting or manufacturing drugs;
(IV) resisting inspection, detention or arrest with violence, if the circumstances are serious;
(V) involved in organized international drug trafficking.
Whoever smuggles, traffics in, transports or manufactures opium of more than 200 grams but less than one kilogram, heroin or methamphetamine of more than 10 grams but less than 50 grams, or other drugs of relatively large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever smuggles, traffics in, transports or manufactures opium of less than 200 grams, heroin or methamphetamine of less than 10 grams, or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
If a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of those paragraphs.
Whoever uses or abets minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors shall be given a heavier punishment.
In the case of repeated smuggling, trafficking, transportation or manufacture of narcotic drugs, the quantity of narcotic drugs shall be calculated cumulatively.
Article 348 Whoever illegally holds more than one kilogram of opium, more than 50 grams of heroin or methamphetamine, or a large amount of other drugs shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined; whoever illegally holds more than 200 grams of opium but less than one kilogram, more than 10 grams of heroin or methamphetamine but less than 50 grams or a large amount of other drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or criminal detention and 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 shall also be fined.
Article 349 [Crime of harboring drug criminals] [Crime of harboring, transferring, or concealing drugs, and drug stolen goods] Those who shield criminals who smuggle, sell, transport, or manufacture drugs, conceal, transfer, or conceal drugs for criminals Or the property obtained from the crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years.
[Crime of harboring drug criminals] Anti-drug personnel or other state agency staff who shield or shield criminals who smuggle, sell, transport, or manufacture drugs shall be severely punished in accordance with the provisions of the preceding paragraph.
Whoever conspires in advance in the crimes referred to in the preceding two paragraphs shall be punished as an accomplice in the crime of smuggling, trafficking in, transporting or manufacturing narcotic drugs.
Article 350 Whoever, in violation of State regulations, illegally produces, trades in, or transports acetic anhydride, ether, chloroform or other raw materials or ingredients used in the manufacture of narcotics, or carries the above-mentioned articles into or out of the country, if the circumstances are relatively serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years and shall also be fined; if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or have his property confiscated.
A person who knowingly manufactures narcotic drugs for the purpose of producing, trading in, or transporting the articles specified in the preceding paragraph shall be punished as an accomplice in the crime of manufacturing narcotic drugs.
If 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 preceding two paragraphs.
Article 351 [crime of illegally planting original plants of drugs] all those who illegally plant opium poppy, marijuana and other original plants of drugs shall be forcibly eradicated. Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined:
(I) planting more than 500 but less than 3,000 opium poppy plants or large numbers of original plants of other narcotic drugs;
(II) planted after being dealt with by the public security organs;
(III) resist eradication.
Whoever illegally cultivates more than 3,000 plants of opium poppy or a large number of original plants of other narcotic drugs shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property.
Those who illegally cultivate opium poppy or other original plants of narcotic drugs and eradicate them automatically before harvest may be exempted from punishment.
Article 352 [Crime of illegally buying, transporting, carrying, or holding seeds and seedlings of original drug plants] Illegal buying, transporting, carrying, or holding seeds or seedlings of original drug plants such as opium poppy that have not been inactivated, in large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or separately be fined.
Article 353 [crime of inducing, abetting or deceiving others into taking drugs] whoever induces, abets or deceives others into taking or injecting drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
[crime of forcing others to take drugs] anyone who forces others to take or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Whoever lures, abets, deceives or forces a minor to take or inject drugs shall be given a heavier punishment.
Article 354 [Crime of Containing Others to Take Drugs] Whoever confines others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
Article 355 [Crime of Illegal Provision of Narcotic Drugs and Psychotropic Drugs] Persons engaged in the production, transportation, management, and use of narcotic drugs and psychotropic drugs under state control in accordance with the law, in violation of state regulations, provide people who take or inject drugs with state regulations. Those who control narcotic drugs or psychotropic drugs that can make people addicted to addiction shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be sentenced to a fine. Whoever provides narcotic drugs or psychotropic drugs, which are controlled by the State and can make people addicted to drugs, to criminals who smuggle or sell drugs or to people who take or inject drugs for the purpose of making profits, shall be convicted and punished in accordance with the provisions of Article 347 of this Law.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 356 [repeat offenders of drug-related crimes] those who have been sentenced for the crimes of smuggling, trafficking, transporting, manufacturing or illegal possession of drugs and commit the crimes specified in this section shall be given a heavier punishment.
Article 357 [Scope of Drugs and Calculation of the Quantity of Drugs] The term "drugs" as used in this Law refers to opium, heroin, methamphetamine (methamphetamine), morphine, marijuana, cocaine, and other narcotic drugs and psychotropic substances that can make people addicted to drugs as prescribed by the State.
The quantity of drugs is calculated on the basis of the verified quantity of smuggling, trafficking, transportation, manufacturing and illegal possession of drugs, not on the basis of purity.
 
Section 8 Crimes of Organizing, Coercing, Inducing, Shelting or Introducing Prostitution
Article 358
[Crime of Organizing Prostitution] [Crime of Forced Prostitution] Whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property.
Any person who organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as killing, injuring, raping or kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
[crime of assisting in organizing prostitution] whoever recruits or transports people for organizing prostitution or has other acts of assisting in organizing others to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Article 359 [crime of luring, accommodating or introducing prostitution] whoever lures, shelters or introduces others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
[crime of luring a young girl into prostitution] whoever lures a young girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Article 360 [Crime of Spreading Venereal Diseases] Anyone who knows that he is suffering from syphilis, gonorrhea and other serious venereal diseases, engages in prostitution or whoring, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined.
Article 361 [Provisions on the handling of personnel organization, coercion, inducement, accommodation, and introduction of prostitution by personnel of specific units] Personnel of the hotel industry, catering service industry, cultural and entertainment industry, taxi industry and other units use the conditions of their own units to organize, force, lure, accommodate, or introduce others to prostitution shall be convicted and punished in accordance with the provisions of Article 358 and Article 359 of this Law.
If the principal person in charge of the unit listed in the preceding paragraph commits the crime mentioned in the preceding paragraph, he shall be given a heavier punishment.
Article 362 [Crime of Concealment] Personnel in the hotel industry, catering service industry, cultural and entertainment industry, taxi industry and other units who, when the public security organs investigate and deal with prostitution and whoring activities, tipped off criminals, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 315 of this Law.
 
Section 9 Crimes of Producing, Selling and Disseminating Obscene Articles
Article 363
[crime of making, copying, publishing, selling or disseminating obscene articles for profit] whoever makes, copies, publishes, sells or disseminates obscene 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 shall also be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years or life imprisonment, and a fine or confiscation of property.
[the crime of providing book numbers for others to publish obscene books and periodicals] whoever provides book numbers for others and publishes obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; those who knowingly provide book numbers for publishing obscene books and periodicals shall be punished in accordance with the provisions of the preceding paragraph.
Article 364 [Crime of Dissemination of Obscene Materials] Whoever disseminates obscene books, periodicals, films, audio-visual images, pictures or other obscene materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
[crime of organizing the broadcasting of obscene audio-visual products] whoever organizes the broadcasting of obscene films, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Whoever produces or reproduces obscene films, videos and other audio-visual products for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph.
Whoever disseminates obscene materials to minors under the age of 18 shall be given a heavier punishment.
Article 365 [Crime of Organizing Obscene Performances] Whoever organizes an obscene performance shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Article 366 [punishment for units committing crimes specified in this section] if a unit commits the crimes specified in articles 363, 364 and 365 of this section, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of the respective articles.
Article 367 [Scope of Obscene Articles] The term "obscene articles" as mentioned in this Law refers to obscene books, periodicals, films, video tapes, audio tapes, pictures and other obscene articles that specifically depict sexual acts or explicitly promote pornography.
Scientific works on human physiology and medical knowledge are not obscene articles.
Literary and artistic works of artistic value that contain pornographic content are not considered obscene articles.
 
Chapter VII Crimes of Endangering the Interests of National Defense
Article 368
[crime of obstructing servicemen from performing their duties] whoever obstructs servicemen from performing their duties in accordance with the law by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
[crime of obstructing military operations] whoever intentionally obstructs the military operations of the armed forces and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 369 [Crime of destroying weapons and equipment, military facilities, and military communications] Anyone who destroys weapons and equipment, military facilities, or military communications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; damage to important weapons and equipment, military facilities, 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 particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.
[crime of negligent damage to weapons and equipment, military facilities and military communications] whoever commits the crime mentioned in the preceding paragraph negligently and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Those who commit the crimes in the preceding two paragraphs in wartime shall be given a heavier punishment.
Article 370 [Crime of intentionally providing substandard weapons and military facilities] Whoever knowingly provides substandard weapons and military facilities to the armed forces shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
[crime of negligently providing substandard weapons and equipment and military facilities] whoever commits the crime mentioned in the preceding paragraph negligently and causes serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
If a unit commits the crime mentioned in the first 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 punished in accordance with the provisions of the first paragraph.
Article 371 [crime of gathering a crowd to attack the military restricted zone] whoever gusses a crowd to attack the military restricted zone and seriously disturbs the order of the military restricted zone shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years for the ringleaders; 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.
[crime of gathering a crowd to disturb the order of the military management area] if the circumstances are so serious that the work of the military management area cannot be carried out and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; those who actively participate in it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Article 372 [Crime of swindling by pretending to be a soldier] Whoever swindles by pretending to be a soldier shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 373 [Crime of Inciting Soldiers to Escape from Troops] [Crime of Employing Soldiers to Escape from Troops] Inciting Soldiers to Escape from Troops or employing Soldiers who knowingly escaped from Troops, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 374 [Crime of transporting unqualified soldiers] Whoever engages in malpractices for personal gain in conscription work and transports unqualified soldiers, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 375 [crime of forging, altering, buying and selling official documents, certificates and seals of the armed forces] [crime of stealing, robbing official documents, certificates and seals of the armed forces] whoever forges, alters, buys or sells or steals or snatches official documents, certificates and 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, shall be sentenced to fixed-term of not more than three years but not more than ten years.
[crime of illegally producing or buying and selling standard clothing of the armed forces] whoever illegally produces or buys or sells standard clothing of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined.
[crime of forging, stealing, buying and selling, illegally providing or illegally using special signs of the armed forces] if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits any of the crimes mentioned in the second and third paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the respective paragraph.
Article 376 [Crimes of refusing or evading conscription or military training in wartime] Reservists who refuse or evade conscription or military training in wartime shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
[crime of refusing or evading service in wartime] if a citizen refuses or evades service in wartime, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 377 [crime of intentionally providing false enemy information in wartime] whoever intentionally provides false enemy information to the armed forces in wartime, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 378 [Crime of Disrupting Rumors in Wartime] Whoever spreads rumors to confuse the public and disturbs the morale of the military in wartime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 379 [Crime of harbouring soldiers fleeing from troops in wartime] Whoever knowingly provides hiding places and property for soldiers fleeing from troops in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 380 [crime of refusing or intentionally delaying military orders in wartime] whoever refuses or intentionally delays military orders in wartime shall, if the circumstances are serious, be fined, and the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 381 [crime of refusing military expropriation or requisition in wartime] whoever refuses military expropriation or requisition in wartime 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 Corruption and Bribery
Article 382
[Crime of Corruption] A state official who takes advantage of his position to embezzle, steal, defraud or illegally occupy public property by other means is a crime of corruption.
Persons entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage and operate state-owned property who take advantage of their positions to embezzle, steal, defraud or illegally occupy state-owned property by other means shall be regarded as embezzlement.
Whoever, in collusion with the persons listed in the preceding two paragraphs, engages in embezzlement shall be punished as an accomplice.
Article 383 [Provisions on the Punishment of the Crime of Corruption] Those who commit the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the circumstances:
If the amount of (I) embezzlement is relatively large or if there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
If the (II) embezzles a huge amount or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined or have his property confiscated.
If the amount of (III) embezzled is especially huge or other especially serious circumstances are involved, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to a fine or confiscation of property; if the amount of money is especially huge and causes especially heavy losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death, and shall also be sentenced to confiscation of property.
Those who have committed corruption for many times without being dealt with shall be punished according to the accumulated amount of corruption.
If you commit the crime of the first paragraph, you shall truthfully confess your crime, sincerely repent, and actively return the stolen goods before the prosecution, so as to avoid and reduce the occurrence of damage results. If there are circumstances specified in the first paragraph, you can be given a lighter, mitigated or exempted punishment; if there are circumstances specified in the second and third paragraphs, you can be given a lighter punishment.
If a person commits a crime in the first paragraph and is sentenced to death with a suspension of execution under the circumstances specified in the third paragraph, the people's court may, in accordance with the circumstances of the crime and other circumstances, decide at the same time to imprisonment for life after the expiration of the two-year suspension of execution of the death sentence is reduced to life imprisonment according to law, without commutation or parole.
Article 384 [Crime of Misappropriating Public Funds] A state official who takes advantage of his position to embezzle public funds for personal use to carry out illegal activities, or embezzle a large amount of public funds for profit-making activities, or embezzle a large amount of public funds, If it is not returned for more than three months, it is the crime of embezzling public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Whoever misappropriates funds and materials used for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, resettlement or relief for personal use shall be given a heavier punishment.
Article 385 [Crime of Accepting Bribes] A state functionary who takes advantage of his position to extort property from others, or illegally accepts property from others to seek benefits for others, is guilty of accepting bribes.
In the course of economic exchanges, state functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names and belong to individuals shall be punished as accepting bribes.
Article 386 [Provisions on the Punishment of the Crime of Accepting Bribes] Those who commit the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law based on the amount and circumstances of the bribery. Those who ask for bribes shall be given heavier punishment.
Article 387 [crime of accepting bribes by a unit] if a state organ, state-owned company, enterprise, institution or people's organization solicits or illegally accepts property from others and seeks benefits for others, if the circumstances are serious, the unit shall be fined, and the person in charge directly responsible and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
If the units listed in the preceding paragraph secretly accept kickbacks or service charges of various names outside the accounts in the course of economic transactions, they shall be punished in accordance with the provisions of the preceding paragraph on the basis of bribery.
Article 388 [crime of accepting bribes] state functionaries who take advantage of their functions and powers or the convenient conditions formed by their status to seek illegitimate interests for the trustee through the acts of other state functionaries in their posts, those who ask for or accept the trustee's property shall be punished as accepting bribes.
Article 388 (1) [crime of taking bribes by using influence] the close relatives of state functionaries or other persons closely related to the state functionaries, through the official behavior of the state functionaries, or by taking advantage of the convenient conditions formed by the functions and powers or status of the state functionaries, seek illegitimate benefits for the trustee, Solicit or accept the trustee's property, if the amount is relatively large or if there are other serious circumstances, the offender 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 amount is huge or if there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and concurrently be sentenced to a fine or confiscation of property.
Where a state functionary who has left office or his close relatives or other persons who are closely related to him take advantage of the convenient conditions formed by the original functions and powers or status of the state functionaries who have left office to commit the acts mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of the preceding paragraph.
Article 389 [Crime of Bribery] Whoever gives property to a state functionary for the purpose of seeking illegitimate benefits is guilty of bribery.
In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or who, in violation of state regulations, give state functionaries kickbacks or handling fees in various names, shall be punished as bribes.
A person who gives property to a State functionary by extortion without obtaining an illegitimate benefit is not a bribe.
Article 390 [Provisions on Penalties for the Crime of Bribery] Those who commit the crime of bribery shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; if the circumstances are serious for bribery to seek illegitimate benefits, or cause major losses to the national interests, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and a fine; if the circumstances are particularly serious, or cause the national interests to suffer particularly heavy losses, he shall be sentenced to fixed-term, and impose fines or confiscation of property.
If the briber voluntarily confessed the act of offering bribes before being prosecuted, he may be given a lighter or mitigated punishment. Among them, those who have committed minor crimes, played a key role in the detection of major cases, or performed major meritorious services may be mitigated or exempted from punishment.
Article 390 1 [Crime of Bribery to an Influential Person] In order to seek illegitimate benefits, to a close relative of a state functionary or other person closely related to the state functionary, or to a state functionary who has left his post or his close relatives or other persons closely related to him, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; if the circumstances are serious, or cause heavy losses to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined; if the circumstances are especially serious, or if the interests of the State suffer particularly heavy losses, the offender shall be sentenced to fixed-term imprisonment of not less than seven years and not more than ten years, and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
Article 391 [Crime of Bribery to a Unit] Whoever, in order to seek illegitimate interests, gives property to a state organ, state-owned company, enterprise, institution or people's organization, or in economic exchanges, violates state regulations and gives various kinds of kickbacks or handling fees, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 392 Whoever introduces a bribe to a state functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
If the person who introduces the bribe voluntarily confesses the act of introducing the bribe before being prosecuted, the punishment may be mitigated or exempted from punishment.
Article 393 [crime of bribery by a unit] if a unit offers bribes for the purpose of seeking illegitimate interests, or violates state regulations and gives kickbacks or handling fees to state functionaries, if the circumstances are serious, the unit shall be fined, and the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. If the illegal income obtained as a result of bribery belongs to an individual, he shall be convicted and punished in accordance with the provisions of Article 389 and Article 390 of this Law.
Article 394 [Crime of Corruption] If a state functionary accepts gifts in domestic official activities or foreign exchanges, he shall hand them over to the public but not to the public in accordance with the provisions of the state, and the amount is relatively large, he shall be convicted and punished in accordance with the provisions of Article 382 and Article 383 of this Law.
Article 395 [Crime of Unknown Source of Huge Amount of Property] If the property and expenditure of a state worker obviously exceeds his lawful income, and the difference is huge, the state worker may be ordered to explain the source. If the source cannot be explained, the difference shall be based on illegal income., Sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the difference is particularly large, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in the property shall be recovered.
[Crime of Concealing Overseas Deposits] The deposits of State functionaries abroad shall be declared in accordance with State regulations. If the amount is relatively large and the case is not reported, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are relatively minor, the unit to which he belongs or the competent authority at a higher level shall, as appropriate, impose administrative sanctions.
Article 396 [crime of privately dividing state-owned assets] state organs, state-owned companies, enterprises, institutions and people's organizations, in violation of state regulations, collectively privately divide state-owned assets to individuals in the name of units. If the amount is relatively large, the persons in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or separately be sentenced to fixed-term imprisonment of not more than three years but not more than seven years, and a fine.
[crime of privately dividing and confiscating property] if judicial organs or administrative law enforcement organs, in violation of state regulations, collectively and privately divide the confiscated property that should be turned over to the state to individuals in the name of units, they shall be punished in accordance with the provisions of the preceding paragraph.
 
Chapter IX Crime of Dereliction of Duty
Article 397
[crime of abuse of power] [crime of dereliction of duty] if a staff member of a state organ abuses his power or dereliction of duty, resulting in heavy losses to public property, the interests of the state and the people, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, the provisions shall prevail.
Any functionary of a State organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not more than 10 years. Where this Law provides otherwise, the provisions shall prevail.
Article 398 [Crime of Deliberate Disclosure of State Secrets] [Crime of Negligent Disclosure of State Secrets] Violation by State functionariesState Secrets LawIf the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
A non-state functionary who commits the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Article 399 Any judicial officer who perverts the law for personal gain or for personal gain, who makes a criminal prosecution against a person who knows he is innocent, who deliberately shields a person who knows he is guilty from prosecution, or who deliberately violates the facts and the law in criminal trials to pervert the law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years but not more than particularly serious, shall be sentenced to fixed-term imprisonment of not less than 10 years.
[crime of perverting the law in civil and administrative adjudication] those who deliberately violate the facts and the law in civil and administrative trial activities shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
[crime of dereliction of duty in the execution of judgments and rulings] [crime of abuse of power in the execution of judgments and rulings] in the execution of judgments and rulings, serious irresponsibility or abuse of power, failure to take litigation preservation measures in accordance with the law, failure to perform statutory enforcement duties, or illegal litigation preservation Measures, compulsory enforcement measures, causing heavy losses to the interests of the parties or others, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; whoever causes particularly heavy losses to the interests of the party concerned or any other person shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.
Judicial personnel who accept bribes and commit the acts mentioned in the preceding three paragraphs, which at the same time constitute a crime stipulated in Article 385 of this Law, shall be convicted and punished in accordance with the provisions of the heavier punishment.
Article 399-1 [crime of perverting the law in arbitration] if a person who undertakes the duty of arbitration according to law deliberately violates the facts and the law in the course of arbitration activities and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 400 [crime of privately releasing a person in custody] judicial personnel who privately release a criminal suspect, 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, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years.
[crime of dereliction of duty causing detainees to escape] judicial personnel who, due to serious irresponsibility, cause criminal suspects, defendants or criminals in custody to escape, resulting in serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 801 [Crime of commutation, parole, and temporary execution outside prison for favoritism] Judicial staff engage in malpractices for personal gain, and commutation, parole, or temporary execution outside prison for criminals who do not meet the conditions for commutation, parole, or temporary execution outside prison Those who are sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years.
Article 202 [crime of not handing over criminal cases for favoritism] administrative law enforcement personnel engage in malpractices for personal gain and do not hand over those who should be handed over to judicial organs for criminal responsibility according to law, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 403 [Crime of Abusing the Power of Management Company and Securities] A staff member of a state agency of the relevant competent department of the state who engages in malpractices for personal gain, abuses his power, and applies for the establishment or registration of a company that does not meet the requirements of the law, or the issuance or listing of stocks or bonds. Applications shall be approved or registered, causing heavy losses to public property, the state and the people's interests, shall be sentenced to fixed-term of not more than five years or criminal detention.
Where a higher-level department compels a registration authority and its staff to commit the acts mentioned in the preceding paragraph, the person in charge directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph.
Article 404 [crime of non-collection or undercollection of taxes for favoritism] if a staff member of a tax authority engages in malpractice for personal gain, fails to collect or undercollects the taxable tax, thus causing heavy losses to the state tax revenue, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if particularly heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 905 [crime of selling invoices, tax deduction and export tax rebate for favoritism] if the staff of the tax authorities violate the provisions of laws and administrative regulations and engage in favoritism in the work of selling invoices, tax deduction and export tax rebate, causing heavy losses to the national interests, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Those who cause particularly heavy losses to the national interests shall be sentenced to fixed-term imprisonment of not less than five years.
[crime of illegally providing export tax rebate certificate] if the staff of other state organs, in violation of state regulations, engage in malpractices for personal gain in the work of providing export tax rebate certificates such as customs declaration forms for export goods and verification forms for export foreign exchange collection, resulting in heavy losses to the interests of the state, shall be punished in accordance with the provisions of the preceding paragraph.
Article 506 [crime of dereliction of duty in signing and performing a contract] in the process of signing and performing a contract, a staff member of a state organ who is defrauded due to serious irresponsibility and causes heavy losses to the national interests shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the national interests suffer particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 207 [Crime of Illegal Issuance of Forest Cutting Permits] Staff of Forestry Competent Authorities Violateforest lawIf the circumstances are serious enough to cause serious damage to the forest, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 408 [crime of dereliction of duty in environmental supervision] if a staff member of a state organ responsible for environmental protection supervision and management is seriously irresponsible, resulting in a major environmental pollution accident, causing heavy losses to public and private property or causing serious consequences of personal injury or death, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 408 [crime of dereliction of duty in food supervision] if a staff member of a state organ responsible for food safety supervision and administration abuses his power or neglects his duty, resulting in a major food safety accident or other serious consequences, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Whoever commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 309 [crime of dereliction of duty in the prevention and control of infectious diseases] if a staff member of a government health administrative department engaged in the prevention and control of infectious diseases is seriously irresponsible, resulting in the spread or epidemic of infectious diseases, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 610 [crime of illegally approving expropriation, requisition or occupation of land] [crime of illegally transferring the right to the use of state-owned land at a low price] staff of state organs engage in malpractices for personal gain, violate land management laws and regulations, abuse their power, illegally approve the expropriation, requisition or occupation of land, or illegally transfer the right to the use of state-owned land at a low price, if the circumstances are serious, shall be sentenced to fixed-term of fixed-term of fixed-term of not more than three years or criminal detention, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Article 41 [Crime of Indulgence and Smuggling] Customs staff who indulge in smuggling for personal gain, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years.
Article 412 [Crime of malpractice for personal gain in commodity inspection] Any staff member of the State commodity inspection department or commodity inspection agency who practices malpractices for personal gain and falsifies inspection results shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
[crime of dereliction of duty in commodity inspection] if the personnel listed in the preceding paragraph are seriously irresponsible, fail to inspect the articles that should be inspected, or delay the inspection and issuance of certificates or wrong certificates, resulting in heavy losses to the interests of the state, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 413 [Crime of favoritism in animal and plant quarantine] Quarantine personnel of animal and plant quarantine organs who engage in malpractice for personal gain and forge quarantine results shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
[crime of dereliction of duty in animal and plant quarantine] those listed in the preceding paragraph who are seriously irresponsible and fail to quarantine the quarantine objects that should be quarantined, or delay the issuance of quarantine certificates or wrong certificates, resulting in heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 414 [Crime of Indulging the Criminal Act of Manufacturing and Selling Fake and Inferior Commodities] A staff member of a state agency who is responsible for the criminal act of producing and selling fake and inferior commodities, who engages in malpractices for personal gain, fails to perform the investigation duties prescribed by law, and the circumstances are serious, Sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Article 415 [Handling the crime of illegally crossing the national (border) border entry and exit documents] [Release the crime of illegally crossing the national (border) border] The staff of the state agency responsible for handling passports, visas and other entry and exit documents shall apply for entry and exit documents for those who knowingly attempt to illegally cross the national (border) border, or the staff of the border, customs and other state agencies, if a person who knowingly crossed the national (border) border is released, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 416 [crime of not rescuing abducted and trafficked women and children] state functionaries who are responsible for rescuing abducted and kidnapped women and children shall, upon receiving a request for rescue from the abducted and kidnapped women, children and their families or receiving a report from other people, fail to rescue the abducted and kidnapped women and children, If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
[crime of hindering the rescue of abducted and trafficked women or children] if a staff member of a state organ responsible for rescue uses his position to hinder the rescue, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Article 417 [crime of helping criminals evade punishment] any functionary of a state organ who has the duty of investigating and banning criminal activities, who tipped off and provided convenience to criminals, and helped criminals evade punishment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 418 [Crime of recruiting civil servants and students for favoritism] A staff member of a state agency who engages in favoritism in recruiting civil servants or students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 419 [crime of dereliction of duty causing damage to or loss of precious cultural relics] if a staff member of a state organ is seriously irresponsible and causes damage to or loss of precious cultural relics, and the consequences are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
 
Chapter X Crimes of Servicemen Violating Their Duties
Article 420
[the concept of the crime of military personnel violating their duties] the behavior of military personnel who violate their duties and endanger the military interests of the state and should be punished in accordance with the law is the crime of military personnel violating their duties.
Article 421 [Crime of Disobeying Orders in Wartime] Whoever disobeys an order in wartime and causes harm to combat shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; anyone who causes heavy losses in combat or campaign shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 422 [crime of concealing or falsely reporting military information] [crime of refusing to transmit or falsely transmitting military orders] whoever intentionally conceals or falsely reports military information or refuses to transmit or falsely transmits military orders, causing harm to combat, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; those who cause heavy losses in battles or campaigns shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 423 [Crime of Surrender] Whoever, in fear of death on the battlefield, voluntarily lay down his arms and surrender 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, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Whoever, after surrendering, works for the enemy shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 426 [Crime of Escaping in Wartime] Anyone who escapes in wartime shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if he causes heavy losses in battles or campaigns, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Article 245 [crime of leaving without permission or neglecting military duties] if a commander, person on duty or on duty leaves his post without permission or neglects his duty, causing serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever commits the crime mentioned in the preceding paragraph in wartime shall be sentenced to fixed-term imprisonment of not less than five years.
Article 426 [crime of obstructing the performance of military duties] whoever, by means of violence or threat, obstructs a commander or a person on duty or on duty from performing his duties shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. heavier punishment in wartime.
Article 427 [crime of instigating subordinates to violate their duties] whoever abuses his power and instigates subordinates to carry out activities in violation of their duties, resulting in serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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.
Article 428 [Negative Crimes of Violating Orders in Combat] Commanders who disobey orders, flinch at the edge of the battle, and fight passively, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years; causing heavy losses in battles or campaigns or other particularly serious circumstances, Sentenced to fixed-term imprisonment of not less than five years.
Article 429 [crime of refusing to rescue friendly neighboring troops] whoever, knowing that the friendly neighboring troops are in a critical situation and requesting rescue on the battlefield, can rescue but does not rescue, thus causing heavy losses to the friendly neighboring troops, shall be sentenced to fixed-term imprisonment of not more than five years.
Article 430 [Crime of Military Defection] During the performance of official duties, anyone who leaves his post without authorization, defects abroad or defects abroad, endangering the military interests of the state, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to more than five years Fixed-term imprisonment.
Whoever defected while flying an aircraft or ship, or if there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 431 [crime of illegally obtaining military secrets] whoever illegally obtains military secrets by means of stealing, spying or buying shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.
[crime of stealing, spying, buying or illegally providing military secrets for overseas] whoever steals, spies, buys or illegally provides military secrets for overseas institutions, organizations or personnel shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 432 [crime of intentionally divulging military secrets] [crime of negligent divulging military secrets] whoever, in violation of the laws and regulations on guarding state secrets, intentionally or negligently divulges military secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.
Whoever commits the crime mentioned in the preceding paragraph in wartime 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, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 433 [crime of spreading rumors to confuse the public in wartime] whoever spreads rumors to confuse the public in wartime and shakes the morale of the army shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 434 [Crime of Self-injury in Wartime] Whoever injures himself in wartime and evades military obligations shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 435 [Crime of Escaping from the Army] Anyone who violates military service regulations and flees from the army, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph during wartime shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Article 436 [Crime of Causing Accidents with Weapons and Equipment] Whoever violates the regulations on the use of weapons and equipment, and the circumstances are serious, and thus a responsible accident occurs, causing serious injury, death or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; the consequences are particularly Serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 437 [crime of changing the allocation of weapons and equipment without authorization] whoever, in violation of the regulations on the administration of weapons and equipment, changes the allocation of weapons and equipment without authorization, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 438 [crime of stealing or seizing weapons, equipment or military materials] whoever steals or seizes weapons, equipment or military materials shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
[crime of stealing or seizing guns, ammunition, explosives or dangerous substances] whoever steals or seizes guns, ammunition or explosives shall be punished in accordance with the provisions of Article 127 of this Law.
Article 439 [Crime of Illegal Sale or Transfer of Weapons and Equipment] Whoever illegally sells or transfers military weapons and equipment shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; selling or transferring a large amount of weapons and equipment or other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death penalty.
Article 440 [Crime of Abandoning Weapons and Equipment] Whoever disobeyed an order and abandons weapons and equipment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; those who abandon important or large quantities of weapons and equipment, or have other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Article 441 [crime of losing weapons and equipment] whoever loses weapons and equipment and fails to report it in time or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 442 [crime of selling or transferring military real estate without authorization] whoever, in violation of the regulations, sells or transfers military real estate without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 443 [crime of maltreating subordinates] whoever abuses his power or maltreats a subordinate, if the circumstances are so bad that he causes serious injury or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if he causes death, he shall be sentenced to fixed-term imprisonment of not less than five years.
Article 444 [Crime of Abandoning Sick and Wounded Soldiers] Whoever deliberately abandons a sick and wounded soldier on the battlefield, if the circumstances are bad, shall be sentenced to fixed-term imprisonment of not more than five years for the person directly responsible.
Article 445 [crime of refusing to treat wounded and wounded soldiers in wartime] in wartime, whoever refuses to treat critically wounded and wounded soldiers when conditions permit for treatment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; those who cause serious disability, death or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.
Article 446 [Crimes of maiming residents or plundering residents' property in wartime] Whoever, in wartime, maims and injure innocent residents or plunder their property in areas of military operations shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment.
Article 447 [Crime of Unauthorized Release of Prisoners] Whoever privately release a prisoner shall be sentenced to fixed-term imprisonment of not more than five years; whoever privately release an important prisoner, or privately release multiple prisoners, or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Article 448 [Crime of Maltreatment of Prisoners] Whoever maltreats a prisoner, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years.
Article 449 [Probation in Wartime] During wartime, a criminal serviceman who has been sentenced to fixed-term imprisonment of not more than three years and has been sentenced to probation without real danger shall be allowed to perform meritorious service for his crime. If he does perform meritorious service, the original sentence may be revoked and shall not be punished as a crime.
Article 450 [Subject Scope of Application of this Chapter] This Chapter applies to active officers, civilian cadres, soldiers and cadets with military status of the Chinese People's Liberation Army, and active police officers, civilian cadres, soldiers and soldiers with military status of the Chinese People's Armed Police Force. Cadets and reservists and other personnel performing military tasks.
Article 451 [Concept of Wartime] The term "wartime" as used in this chapter refers to a time when a state declares a state of war, when its troops are on a combat mission, or when they are suddenly attacked by the enemy.
When troops carry out martial law tasks or deal with sudden violent incidents, the time of war shall be considered.
Supplementary Provisions
Article 452 [Date of Implementation] This Law shall enter into force as of October 1, 1997.
The regulations, supplementary provisions and decisions enacted by the Standing Committee of the National People's Congress listed in Annex I of this Law have been incorporated into this Law or are no longer applicable and shall be invalidated as of the date this Law goes into effect.
The supplementary provisions and decisions made by the Standing Committee of the National People's Congress, which are listed in Annex II to this Law, shall be retained. Among them, the provisions on administrative penalties and administrative measures continue to be effective; the provisions on criminal responsibility have been incorporated into this law, and the provisions of this law shall apply from the date of implementation of this law.
Annex I
The following regulations, supplementary provisions and decisions enacted by the Standing Committee of the National People's Congress, which have been incorporated into this Law or are no longer applicable, shall be repealed as of the date this Law goes into effect:
　　1．Interim Regulations of the the People's Republic of China on Punishing Servicemen's Crimes of Violating Their Duties
　　2．Decision on Severely Punishing Criminals Who Seriously Sabotage the Economy
　　3．Decision on Severely Punishing Criminals Who Seriously Endanger Public Security
　　4．Supplementary Provisions Concerning the Punishment of the Crime of Smuggling
　　5．Supplementary Provisions Concerning the Punishment of the Crimes of Embezzlement and Bribery
　　6．Supplementary Provisions Concerning the Punishment of the Crimes of Divulging State Secrets
　　7．Supplementary Provisions on the Punishment of the Crimes of Hunting and Killing Rare and Endangered Wild Animals under Special State Protection
　　8．Decision on Punishing the Crimes of Insulting the National Flag and the National Emblem of the People's Republic of China
　　9．Supplementary Provisions Concerning the Punishment of the Crime of Excavation of Ancient Cultural Sites and Ancient Tombs
　　10．Decision Concerning the Punishment of the Criminals of Aircraft Hijacking
　　11．Supplementary Provisions Concerning the Punishment of the Crimes of Counterfeiting Registered Trademarks
　　12．Decision on Punishing the Crimes of Producing and Selling Fake and Inferior Commodities
　　13．Decision on the Punishment of the Crime of Infringing Copyright
　　14．Decision on Punishing Crimes of Violation of Company Law
　　15．Decision on Handling Rulers and Rulers Who Have Escaped or Re-offended
Annex II
The following supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress shall be retained. Among them, the provisions on administrative penalties and administrative measures shall continue to be effective; the provisions on criminal liability have been incorporated into this Law, and the provisions of this Law shall apply as of the date this Law goes into effect:
1. Decision on drug control
　　2．Decision Concerning the Punishment of Criminals Who Smuggling, Producing, Selling or Disseminating Obscene Articles
　　3．Decision on Severely Punishing Criminals Who Abduct, Trafficking and Kidnap Women and Children
　　4．Decision on the Prohibition of Prostitution and Whoring
　　5．Supplementary Provisions Concerning the Punishment of the Crimes of Tax Evasion and Refregard to Taxation
　　6．Supplementary Provisions on Severely Punishing the Crimes of Organizing and Transporting Others to Cross the National (Border) Border
　　7．Decision on the Punishment of Crimes of Disharming Financial Order
　　8．Decision on Punishing the Crimes of Falsifying, Forging and Illegally Selling Special Value-added Tax Invoices