[number] of the people's Republic of China issued Presidential Decree No. eighty-third
[date] 1997-03-14
[date] 1997-10-01

Order of the Peoples Republic of China
(No. eighty-third)

"PRC Criminal Law" of the people's Republic of China the Eighth National People's Congress fifth conference was revised in March 14, 1997, we will publish the revised "the people's Republic of China Criminal Law", since October 1, 1997 1997.
President of the people's Republic of China Jiang Zemin
March 14, 1997

 

The people's Republic of China Criminal Law

(by July 1, 1979, the fifth session of the National People's Congress second conference in March 14, 1997 eighth session of Fifth National People's Congress Revised)

The criminal law (the people's Republic of China has been under the December 25, 1999 amendments to the criminal law of the people's Republic of China, the August 31, 2001 criminal law amendment (two) in December 29, 2001, the people's Republic of China criminal law amendment (three) in December 28, 2002, the people's Republic of China criminal law amendment (four) in February 28, 2005, the people's Republic of China criminal law amendment (five), June 29, 2006 the people's Republic of China criminal law amendment (six) in February 28, 2009, the people's Republic of China criminal law amendment (seven) in February 25, 2011, the people's Republic of China criminal law amendment (Amendment eight))

The people's Republic of China Criminal Law

Catalog

Part I General Provisions

The first chapter, the task of criminal law, the basic principles and scope of application

The second chapter of crime
The first section of crime and criminal responsibility
The second section preparation for a crime, criminal attempt and discontinuation
The third section joint crime
The fourth section of unit crime

The third chapter penalty
The first section of the kinds of punishment
The second section control
The third day detention
The fourth section, are to be sentenced to life imprisonment
The fifth section of the death penalty
The sixth section of fine
The seventh section of deprivation of political rights
In section eighth, the confiscation of property

The fourth chapter of punishment
The first section of sentencing
The second section recidivism
The third section voluntary surrender and meritorious service
The fourth section combined punishment for several crimes
The fifth section probation
The sixth section commutation
The seventh section
The eighth section aging

Other provisions of chapter fifth

Second minute

The first chapter of crimes of endangering national security

The second chapter of the crime of endangering public safety

The third chapter destroy the order of socialist market economy
The first section production, sales of fake and shoddy goods crime
In section second, the crime of smuggling
The third section prejudice to the company, enterprise management order crime
In section fourth, the destruction of financial management order crime
In section fifth, the crime of financial fraud
The sixth section harm tax revenue collection crime
The seventh section crimes of infringing on intellectual property rights
The eighth section crimes of disrupting market order

The fourth chapter encroaches upon the citizen personal rights, democratic rights of crime

The fifth chapter crimes of property violation

The sixth chapter of obstructing the administration of public order crime
The first section of the crime of disrupting public order
In section second, crime of obstruction of Justice
The third section obstruction of the country (border) environmental management crime
Section fourth crimes against control of cultural relics
In section fifth, crime of endangering public health
The sixth section environmental crime
The seventh section smuggling, trafficking, transporting, making drugs
The eighth section organizations, forced, lure, shelter, crime of introducing prostitution
The ninth section production, trafficking, the crime of spreading obscene objects

The seventh chapter is the crime of endangering the interests of national defense

The eighth chapter of crimes of embezzlement and bribery

The ninth chapter of crime of Malfeasance

The tenth chapter Military Crime of breach of duty

Supplementary articles

 

The people's Republic of China Criminal Law

Part I General Provisions

The first chapter, the task of criminal law, the basic principles and scope of application

Article 1 in order to punish crimes, protecting the people, according to the constitution, combined with practical experience in combating crimes in our country and the actual situation, this law is enacted.

Article second the tasks of the PRC Criminal Law, is the struggle against all criminal acts, to protect national security, safeguarding the people's democratic dictatorship and the socialist system, property protection of state property and collective, protect citizens' privately owned property, protect citizen's personal rights, democratic rights and other right, the maintenance of social order, economic order, guarantee the smooth progress of socialist construction.

Article third the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime, shall not be convicted or punished.

Article fourth for anyone who commits a crime, shall be equal before the law. People will not allow any privilege beyond the law.

Article fifth the degree of punishment shall be with crime, criminal responsibility and commitment to adapt.

Article sixth where the people's Republic of China is a crime, except when otherwise stipulated by law, the law is applicable to.
Anyone who commits a crime in the people's Republic of China aboard a ship or aircraft, this law is also applicable to.
Criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china.

The seventh PRC citizens to commit the crimes specified in this law field outside the people's Republic of China, shall apply the provisions of this law, the provisions of this law, but according to the highest penalty of three years in prison, may not be dealt with.
PRC state personnel and military personnel who commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method.

Eighth of foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than three years in prison, this law may be applicable, but according to the criminal law is not punishable.

Article ninth for the international treaties concluded or acceded to by the people's Republic of China stipulated crime, the people's Republic of China in the scope of the treaty obligations to exercise criminal jurisdiction, applicable law.

Article tenth where outside the people's Republic of China in accordance with this law, crime, criminal responsibility shall be borne by the foreign judgments, though, can still be in accordance with the provisions of this law, but in foreign countries have received criminal punishment, can be avoided or mitigated punishment.

Criminal responsibility eleventh foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels.

Twelfth after the founding of the PRC and before the implementation of this law, if the law is not considered a crime, applicable law at that time; if the laws at the time considered a crime, in accordance with the provisions of law fourth chapter eighth section should be prosecuted, shall be investigated for criminal responsibility according to the law, but if this method was not deemed a crime or imposes a lighter punishment, this Law shall apply.
Before the implementation of this law, in accordance with the law has made the effective judgment, continue to be effective.

 

The second chapter of crime

The first section of crime and criminal responsibility

Thirteenth all the harm national sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, undermine social and economic order, violation of property owned by the state or collective property, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, and other acts harmful to society, in accordance with the law shall be subject to criminal punishment, is a crime, but circumstances are obviously minor and the harm is not great, not deemed a crime.

Fourteenth knowing that their actions will cause socially dangerous consequences, and wishes or allows such consequences to occur, thus constituting a crime, is an intentional crime.
Intentional crime, criminal responsibility shall be borne.

Article fifteenth should have foreseen that his behavior may cause socially dangerous consequences, because negligence and do not foresee, or have already foreseen but trust can be avoided, so that the occurrence of this result, is a negligent crime.
A negligent crime law, criminal responsibility shall be borne.

The sixteenth act in fact results in harmful consequences, but not the intent or negligence, but due to irresistible or unforeseeable causes, it is not a crime.

Article seventeenth the full sixteen years of age who commits a crime, he shall bear criminal responsibility.
Over fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.
The full fourteen years of age under the age of eighteen crimes, shall be given a lighter or mitigated punishment.
Under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government.
The full seventy-five years of age who intentionally the crime, may be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment

Eighteenth if a mental patient harm consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to strict surveillance andMedical care; when necessary, forced by the governmentMedical care.
Intermittent mental illness is a crime, he shall bear criminal responsibility.
Mental patient who has not completely lost the ability to recognize or control his own conduct crime, shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
An intoxicated person who commits a crime, he shall bear criminal responsibility.

Nineteenth any deaf mute or blind person crime, may be given a lighter, mitigated punishment or be exempted from punishment.

Twentieth in order to enable countries, the public interest, the person himself or herself or others, property and other rights from being infringed, and to the suppression of unlawful infringement behavior, causes harm to the unlawful infringer, is justifiable defence, and he shall not bear criminal responsibility.
Justifiable defence obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment.
The ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility.

Twenty-first in order to enable countries, the public interest, the person himself or herself or others, property and other rights from danger happening, not the emergency action taken, caused the damage, he shall not bear criminal responsibility.
The emergency exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment.
To avoid danger to oneself on the provisions of the first paragraph, do not apply to the office, business person who is charged with specific responsibility.

 

The second section preparation for a crime, criminal attempt and discontinuation

Twenty-second in order to crime, preparation tools, manufacturing conditions, is the preparation for a crime.
One who prepares for a crime, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment.

Article twenty-third has already begun to crime, due to reasons other than the criminals will not succeed, is attempted crime.
For the offense, can be accomplished crime shall be given a lighter or mitigated punishment.

Twenty-fourth in the criminal process, gave up the crime or automatically and effectively prevent the result of crime, discontinuation of a crime refers to.
The discontinuance of crime, no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.

 

The third section joint crime

Twenty-fifth a joint crime is an intentional crime committed by two or more persons jointly.
More than two people of joint negligence crime, not to be punished as a joint crime; he should bear criminal responsibility, punishment according to the crime they have committed respectively.

Twenty-sixth organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits.
More than three people as the common crime is fixedly consisted of organized crime, criminal groups.
Ringleader who organizes, leads a criminal group, punishment according to all the crimes committed by the group.
The principal otherwise stipulated in the third paragraph, shall participate in or organize, command of all criminal punishment.

Twenty-seventh in the common crime plays a secondary or auxiliary role, is an accomplice.
The accessory, shall be given a lighter, mitigated punishment or be exempted from punishment.

Twenty-eighth who is coerced to participate in a crime shall, according to the circumstances of his crime, a mitigated punishment or be exempted from punishment.

Twenty-ninth who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Instigates a person under the age of eighteen crimes, 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.

 

The fourth section of unit crime

Harm society thirtieth companies, enterprises, institutions, organizations, groups, implementation of the act, the law as a crime, he shall bear criminal responsibility.

Article thirty-first a crime committed by a unit, the unit is to be fined, and the persons directly in charge and other directly responsible personnel penalty. The provisions of this Law and other laws provide otherwise, in accordance with the provisions.

 

The third chapter penalty

The first section of the kinds of punishment

The thirty-second punishments are divided into principal punishment and supplementary punishments.

The following thirty-third principal punishments:
(a) regulation;
(more than two);
(three) in prison;
(four) the life imprisonment;
(five) the death penalty.

The following thirty-fourth additional punishment:
(a) fine;
(two) the deprivation of political rights;
(three) the confiscation of property.
Supplementary punishments may be imposed independently.

Article thirty-fifth for the crime to foreigners, can be applied in an independent or supplementary deported.

Article thirty-sixth where the victim has suffered economic losses as a result of a criminal act, the criminal received criminal punishment according to law, be sentenced to compensation for economic loss according to the situation.
The criminals bear civil liability for compensation, and was sentenced to a fine, and its assets are not sufficient to pay off, or be sentenced to confiscation of property, should bear the liability for civil compensation to the victim.

Article thirty-seventh for the crime are minor and do not require punishment, can be exempted from criminal punishment, but according to the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, apology, compensation for losses, or by the competent departments shall be given an administrative punishment or administrative sanctions.

 

The second section control

Article thirty-eighth the term of control, for more than three months to two years.
Sentenced to control, can according to the crime situation, also prohibit criminals to engage in special activities during the period of execution, into specific regions, specific place, contact person.
Criminals sentenced to control, shall be subject to community correction.
Violation of the second paragraph of the ban, by the public security organs in accordance with the "Regulations of Public Security Administration Punishment Law of the people's Republic of China.".

The thirty-ninth criminals sentenced to public surveillance, during execution, it shall comply with the following provisions:
(a) to abide by the laws, administrative regulations, submit to supervision;
(two) without the approval of the organ executing the speech, may exercise, publishing, assembly, association, parade, demonstration of the right to freedom;
(three) according to the rules of the organ executing the reporting his activities;
(four) to comply with the provisions of the executive organ of the;
(five) leave live in city, county, or moved, it shall be submitted to the approval of the organ executing the.
Criminals sentenced to public surveillance, in labor should get equal pay for equal work.

The fortieth criminals sentenced to control, the control period, the executing organ shall immediately to himself and his unit or residence crowds that deregulation.

Forty-first control sentence, calculated from the date of execution; execution of detention in custody before, a day to be shortened by two days.

 

The third day detention

Article forty-second of criminal detention period, as the following one to six months.

The forty-third criminals sentenced to criminal detention, execution of the nearest by the public security organs.
During the period of execution, a criminal sentenced to criminal detention monthly may go home for one to two days; to participate in the work, can consider to return.

Article forty-fourth of criminal detention term, calculated from the date of execution; execution of detention in custody before, a day to be shortened by one day.

 

The fourth section, are to be sentenced to life imprisonment

Period forty-fifth prison, in addition to the fiftieth article of this law, the provisions of the sixty-ninth, for more than six months to fifteen years.

Article forty-sixth convicted criminals in jail, imprisonment, execution in prison or other executing place; anyone who is able to work, shall take part in labor, to accept education and reform.

Sentence forty-seventh prison, calculated from the date of execution; execution of detention in custody before, a day to be shortened by one day.

 

The fifth section of the death penalty

Article forty-eighth the death penalty criminals in the most serious offense. Who should be sentenced to death, if immediate execution is not essential, may be announced at the same time with two years reprieve sentenced to death.
The death penalty except for judgments made by the Supreme People's court in accordance with the law, should be submitted to the approval of the Supreme People's court. Death sentence with a reprieve, may be decided or approved by a higher people's court.

When the forty-ninth crimes under the age of eighteen and trial of the pregnant women, the application of the death penalty.
At the time of trial has attained the age of seventy-five years, the application of the death penalty, but by especially cruel means death caused exception.

Article fiftieth sentenced to death with a suspension of execution, the execution period, if not intentional crime, after the expiration of two years, to life imprisonment; if there are major meritorious service, after two years, reduced to twenty-five years in prison; if the intentional crime, investigation substantiated, approved by the Supreme People's court, the death penalty.
To be sentenced to death with a two-year suspension of execution, a criminal element sentenced to recidivism of death sentence with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, the people's court according to the circumstances of the crime, and can determine the commutation limit.

During the fifty-first of the death sentence with a reprieve, calculated from the date of the judgment. Suspension of execution to fixed-term imprisonment is counted from the death sentence with a reprieve, expiration date.

 

The sixth section of fine

Article fifty-second shall be sentenced to a fine, the amount of the fine shall be determined according to the circumstances of the crime.

Fifty-third fine within the period specified in the judgment time or in installments. If no pay, forced to pay. Can not pay the fine in full, the people's court at any time to find the person subjected to execution has the property, should be ready. If an irresistible disaster has true difficulties in paying, can be reduced or exempted according to the circumstances.

 

The seventh section of deprivation of political rights

Article fifty-fourth deprivation of political rights is deprivation of the following rights:
(a) the right to vote and to be elected;
(two) speech, publication, assembly, association, parade, demonstration of the right to freedom;
(three) the right to hold a position in state organs;
(four) as a State-Owned Company, enterprise, institution or people's organization right.

The fifty-fifth term of deprivation of political rights, in addition to the law the fifty-seventh regulation, for one to five years.
For control of additional deprivation of political rights, and the control period of deprivation of political rights shall be performed at the same time.

Article fifty-sixth for the crime of endangering national security shall be additional deprivation of political rights; criminal intentional homicide, rape, arson, explosion, poisoning, robbery and other serious damage to social order, can be of additional deprivation of political rights.
Where deprivation of political rights in accordance with the provisions of this law, the.

Article fifty-seventh of criminal who is sentenced to death, life imprisonment, shall be deprived of political rights for life.
In the suspension of execution to fixed-term imprisonment or life imprisonment is commuted to a prison, should put additional deprivation of political rights shall be changed to three to ten years.

Fifty-eighth additional deprivation of political rights from prison, prison, detention is executed on the day or from the parole date; deprivation of political rights shall of course be during the execution of punishment.
The criminal was deprived of political rights, during execution, shall abide by the laws, administrative regulations and the relevant supervision and administration of the public security department under the State Council provisions, submit to supervision; rights shall not exercise the fifty-fourth article of this law.

 

In section eighth, the confiscation of property

Article fifty-ninth confiscation of property is the whole or a part of the confiscation of property. Confiscation of all the property, should keep the necessary living expenses for the criminal and his dependent family members.
When sentenced to confiscation of property, shall not be subject to the criminal's family members own or the confiscation of property.

As the liabilities of sixtieth before the property was confiscated criminals, need to use the confiscated property to repay, the request of the creditors, shall be repaid.

 

The fourth chapter of punishment

The first section of sentencing

Sixty-first for when deciding the punishment of a criminal element, should be based on criminal facts, the nature of the crime, the plot and the degree of harm to society, to the relevant provisions of this law.

The sixty-second criminals with the provisions of this Law shall be given a heavier punishment, lenient punishment, he shall be sentenced to a punishment within the limits of the prescribed punishment.

The sixty-third criminals with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment in legal punishment under the provisions of this law; a plurality of sentencing, he shall be sentenced to a punishment in a range of statutory sentencing sentencing range.
Although do not have the crime prescribed in this Law for mitigating circumstances, but according to the special circumstances of the case, with the approval of the Supreme People's court, also may be sentenced to a punishment below the legally prescribed punishment.

All property in sixty-fourth criminal illegal income shall be recovered, or compensation shall be ordered; the lawful property of the victim shall be returned without delay; contraband, and used for a crime I property, shall be confiscated. The confiscated property and fines shall be turned over to the state treasury, and self treatment, not to misappropriate.

 

The second section recidivism

Article sixty-fifth a criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment, but the error crime and under the age of eighteen crimes except.
The deadline stipulated in the preceding paragraph, the offender paroled, counted from the date the parole expires.

The criminals sixty-sixth crimes of endangering national security, terrorism, organized crimes of the underworld, the penalty is finished or pardon, at any time to make any of such crimes, are to be treated as recidivists.

 

The third section voluntary surrender and meritorious service

Sixty-seventh after the voluntary surrender, the confession of his crime, is surrendered. Criminals surrender may be given a lighter or mitigated punishment. Among them, the lesser crime, may be exempted from punishment.
The coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes, to surrender.
The suspect is not with the provisions of the preceding two paragraphs plot, but confess, may be given a lighter punishment; for his truthful confession, to avoid serious consequences occur, can reduce the punishment.

The sixty-eighth criminals expose others to crime, verified, or provide important clues, and the cracking of other cases meritorious performance, may be given a lighter or mitigated punishment; there are significant meritorious performance, can be reduced or exempted from punishment.

 

The fourth section combined punishment for several crimes

Article sixty-ninth before the judgment is pronounced a committed several crimes, except sentenced to life imprisonment and death, should be above the maximum total term following, several sentences, as appropriate, decided to be executed, but the regulation of maximum of not more than three years, criminal detention of not more than one year, are to be sentenced to not less than thirty-five years the total sentence the highest, not more than twenty years, the total sentence of thirty-five years or more, the maximum not more than twenty-five years.
Among the crimes with which a supplementary punishment is imposed, the supplementary punishment shall still be executed, which combined to perform additional penalties of the same kind, different kinds of, respectively, the execution.

After the seventieth declaration, before the punishment has been completely executed criminals were sentenced, found that the judgment is pronounced, other crimes had no judgment, a judgment shall be rendered for the newly discovered crime, the before and after the two verdict sentenced to punishment in accordance with the provisions of this law, article sixty-ninth, decided to carry out the punishment. Has to be executed, shall be calculated in the term decided by the new judgment.

After the seventy-first declaration, before the punishment has been completely executed criminals were sentenced, and crime, shall make a judgment on the newly committed crime, the former crime did not execute the penalty and punishment imposed for the latter crime, in accordance with the provisions of law sixty-ninth, decided to carry out the punishment.

 

The fifth section probation

Article seventy-second for the following detention, was sentenced to three years in prison for the crime, also meet the following conditions, may declare the probation, the people under eighteen years of age, pregnant women and has attained the age of seventy-five years, the probation shall be:
(a) the circumstances of the crime is lighter;
(two) there is repentance;
(three) there is no danger of re offending;
(four) probation without significant adverse impact on the residential community.
Probation, according to the criminal case, also prohibit criminals to engage in special activities during the probation period, into specific regions, specific place, contact person.
A criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed.

Article seventy-third sentenced to probation period for the following period for more than one year, but may not be less than two months.
In prison, the probation period for suspension over the following five years, but may not be less than one year.
Probation period, calculated from the date of the judgment.

Article seventy-fourth for recidivists and ringleaders of criminal groups, not applicable probation.

Article seventy-fifth of criminal whose sentence is suspended, shall comply with the following provisions:
(a) to abide by the laws, administrative regulations, submit to supervision;
(two) reporting his activities in accordance with the provisions of the observing organ;
(three) to comply with the provisions of the observing organ reception;
(four) leave live in city, county, or relocating, organ for approval before.

Article seventy-sixth of probation criminals, during the probation period, shall be subject to community correction, if not the law of the seventy-seventh article of the cases, the expiration of probation, the punishment originally decided is not executed, and shall be announced to the public.

Article seventy-seventh of criminal whose sentence is suspended, the probation period commits another crime or other crime is found in the judgment is pronounced, not previously sentenced, the suspension shall be revoked, make a decision on the new crime or newly discovered crime, the former crime and the punishment imposed for the latter crime, in accordance with the provisions of article sixty-ninth, execution of the penalty decision.
A criminal whose sentence is suspended, during the probation period for violation of laws, administrative regulations, or the departments concerned under the State Council on probation supervision and management regulations, or violation of the people's court injunction, if the circumstances are serious, the suspension shall be revoked, the implementation of the original penalty.

 

The sixth section commutation

Article Seventy-eighth sentenced to public surveillance, criminal detention, fixed-term imprisonment, criminal, during execution, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, or performs meritorious services, can the commutation; has the following major meritorious service of, the sentence shall be reduced:
(a) to prevent others from major criminal activities;
(two) report outside the prison in major criminal activities, verified;
(three) making inventions or major technological innovation;
(four) risk one's life for another in daily production, life;
(five) in resisting natural disaster or preventing major accidents, outstanding;
(six) other major contributions to the state and society.
After commutation of sentence cannot be less than the actual execution time:
(a) sentenced to public surveillance, detention, are to be sentenced to not less than the term originally decided, 1/2;
(two) for those sentenced to life imprisonment, not less than thirteen years;
(three) the Criminal Court stay of execution in accordance with this law, the provisions of the second paragraph fiftieth restrictions on commutation of the death penalty, after the expiration of the period of suspension of execution shall be reduced to life imprisonment, not less than twenty-five years, after the expiration of the period of suspension of execution shall be reduced to twenty-five years in prison, not less than twenty years.

Article seventy-ninth for the criminal sentence, the people's court at or above the intermediate written proposal for commutation of punishment. The people's court shall form a collegial panel to conduct the trial, the true repentance or crime fact, decide commutation of punishment. Without legal procedures shall not commutation.

Eightieth life imprisonment sentence to sentence, from the date the order of commutation is issued.

 

The seventh section

Article eighty-first a criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, a criminal element sentenced to life imprisonment, the actual implementation of more than thirteen years, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, no crime of dangerous, may be granted parole. If there are special circumstances, with the approval of the Supreme People's court, can not subject to the restrictions relating to the term executed.
Recidivists and for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime was sentenced to ten years in prison, criminals sentenced to life imprisonment, without the possibility of parole.
The parole of criminal decision, should consider its release on parole on the community impact.

The eighty-second criminals parole, according to the seventy-ninth article of this Law program. No parole shall be granted without going through legal procedures.

Eighty-third term of the probation period, has not been completed sentence of life imprisonment; the probation period for ten years.
The probation period for parole, calculated from the date of.

Article eighty-fourth of criminal who is granted parole, shall comply with the following provisions:
(a) to abide by the laws, administrative regulations, submit to supervision;
(two) reporting his activities in accordance with the provisions of the supervising organ;
(three) of the supervising organs;
(four) leave live in city, county, or moved, it shall be submitted to the supervisory authority for approval.

Article eighty-fifth of the criminal parole, during the probation period, shall be subject to community correction, if not the law of the eighty-sixth article of the cases, the probation period, the original sentence shall be deemed to have completed, and shall be announced to the public.

Eighty-sixth a criminal who is granted parole, during the probation period for further crime, the parole shall be revoked in accordance with the provisions of this law, article seventy-first of the combined punishment for several crimes.
During the probation period for parole, found that criminals in the judgment is pronounced, other crimes had no judgment, the parole shall be revoked in accordance with the provisions of this law, article seventieth of the combined punishment for several crimes.
The criminals are on parole, during the probation period, in violation of laws, administrative regulations or the relevant departments of the State Council on the behavior of the parole supervision regulations, does not constitute a new crime, the parole shall be revoked in accordance with legal procedures, and committed to prison, not the completion of the execution of punishment.

 

The eighth section aging

Article eighty-seventh the following period would no longer be prosecuted for criminal:
(a) maximum statutory penalty dissatisfied with five years in prison, after five years;
(two) the statutory maximum sentence of five years and less than ten years in prison, after ten years;
(three) maximum statutory penalty for more than ten years, after fifteen years;
(four) the maximum prescribed punishment is life imprisonment or death, after twenty years. If that must be prosecuted after twenty years, the matter shall be submitted to the approval of the Supreme People's procuratorate.

In the eighty-eighth people's Procuratorate, the public security organ, the state security organs for investigation or the people's court has accepted the case, escapes from investigation or trial, no limitation on the period for prosecution.
After the victim brings a charge within the period for prosecution, the people's court, the people's Procuratorate, the public security organ shall file the case and will not put on record, no limitation on the period for prosecution.

Eighty-ninth the limitation period for prosecution shall be counted from the date of the crime; criminal act is of a continuous or continuing state, calculated from the date of the end of crime.
In the period for prosecution and crime within the period for prosecution of the former crime, accessory after the date of the crime.

 

Other provisions of chapter fifth

Ninetieth of national autonomous areas shall not apply the provisions of this law, by the autonomous region or province of the people's Congress according to the basic principle of the characteristics of the local nationalities in political, economic, cultural and the provisions of this law, formulate adaptive or supplementary provisions, shall be approved by the Standing Committee of the National People's congress.

Ninety-first for purposes of this law, the public property, refers to the following property:
(a) property owned by the state;
(two) property owned collectively by the laboring masses;
(three) for social donations or aiding the poor and other public welfare undertakings of the special funds.
In state organs, State-Owned Company, enterprise, management, collective enterprises and people's organizations use or transport of private property, public property theory.

Ninety-second for purposes of this law, citizens' private property, refers to the following property:
(a) his lawfully earned income, savings, houses and other means of livelihood;
(two) according to the production data to individual, family and all;
(three) the legitimate property of the self-employed and private businesses;
(four) individuals of all shares, stocks, bonds and other property in accordance with the law.

Ninety-third as mentioned in this Law refers to state personnel, personnel of state organs.
State-Owned Company, enterprises, institutions, people's organizations and state organs, public State-Owned Company, enterprise, unit to a non State-Owned Company, enterprises, institutions, social organizations engaged in public service, and other personnel engaged in public service according to law, to state functionaries.

Ninety-fourth as mentioned in this Law refers to the judicial staff, have the functions of investigation, prosecution, trial, supervision of staff.

Ninety-fifth for purposes of this law, seriously injured, refers to any one of the following injury:
(a) the limb disabled or destroyed people's appearance;
(two) the loss of auditory, visual or other organs;
(three) other serious health damage to human body.

Ninety-sixth for purposes of this law, in violation of state regulations, refers to violation of laws and decisions of the National People's Congress and its Standing Committee to formulate, publish administrative regulations formulated by the State Council, provisions of the administrative measures, decisions and orders.

Article ninety-seventh the term ringleaderin this law, refers to the crime organization, planning, command of molecular interaction in a crime committed by a criminal group or a crowd.

Ninety-eighth as mentioned in this Law refers to the victim tell just processing, tell just processing. If the victim because of coercion, intimidation and cannot tell, people's Procuratorate or a close relative of the victim may also tell.

Ninety-ninth for the purposes of this law, the following above, below, including the number of.

Article 100th subjected to criminal punishment according to law, in the recruitment, employment, shall truthfully report has been subjected to criminal punishment to the relevant units, and shall not conceal.
When he committed the crime under the age of eighteen was sentenced to the penalty of five years, exemption from the provisions of the preceding paragraph reporting obligations.

Article 101st of this law are applicable to other laws with penalty, but other laws with the exception of the special provisions.

 

Second minute

 

The first chapter of crimes of endangering national security

102nd Whoever colludes with a foreign state, the harm of the people's Republic of China's sovereignty, territorial integrity and security, shall be sentenced to life imprisonment or for more than ten years in prison.
With foreign institutions, organizations, individuals collude, the crime mentioned in the preceding paragraph, shall be punished in accordance with the provisions of the preceding paragraph.

Article 103rd the organization, planning, implementation of secession, undermining national unity, the ringleaders or those whose crimes are serious, be sentenced to life imprisonment or for more than ten years in prison; the active participants, three to ten years in prison; the other participants, and three years in prison, criminal detention, control or deprivation of political rights.
Incite secession, undermining national unity, is less than five years imprisonment, criminal detention, control or deprivation of political rights; ringleaders or those whose crimes are grave, department for more than five years in prison.

Article 104th the organization, planning, carrying out armed rebellion or armed riots, the ringleaders or those whose crimes are serious, be sentenced to life imprisonment or for more than ten years in prison; the active participants, three to ten years in prison; the other participants, is less than three years imprisonment, criminal detention, control or deprivation of political rights.
Instigate, stress, seduce, buy the staff of state organs, armed forces, the people's police, militia to carry out armed rebellion or armed riots, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment.

Article 105th the organization, planning, implementation, to subvert the state power or overthrow the socialist system, the ringleaders or those whose crimes are serious, be sentenced to life imprisonment or for more than ten years in prison; the active participants, three to ten years in prison; the other participants, and three years in prison, criminal detention, control or deprivation of political rights.
Inciting subversion of state power, and overthrow the socialist system to slander, defamation or other means, is less than five years imprisonment, criminal detention, control or deprivation of political rights; ringleaders or those whose crimes are grave, department for more than five years in prison.

Article 106th with foreign institutions, organizations, individuals collude, the implementation of this chapter 103rd, article 104th, article 105th provisions of the crime, in accordance with the provisions of this article shall be given a heavier punishment.

107th domestic and foreign institutions, organizations or individuals to support the implementation of chapter 102nd, 103rd, 104th, 105th provisions of the crime, the person directly responsible, is less than five years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, department for more than five years in prison.

The 108th turning traitor, department for more than three years of imprisonment less than ten years; if the circumstances are serious or leads members of the armed forces, the people's police, militia turning traitor, department for more than ten years of fixed-term imprisonment or life imprisonment.

Article 109th the State functionaries in performing his duties, leaves his post without permission, from overseas or in the outside of the country, is less than five years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, five to ten years in prison.
Grasp the state from foreign secret national staff or on the outside of the country, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment.

110th Whoever commits one of the following espionage, endanger national security, department for more than ten years of fixed-term imprisonment or life imprisonment; if the circumstances are relatively minor, three to ten years in prison:
(a) in an espionage organization or accepting a mission and the agent of the task;
(two) indicating bombarding targets to the enemy.

Institutions, 111st for overseas organizations, persons who steal, spy on, buying, illegally providing state secrets or intelligence, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment; if the circumstances are relatively minor, and five years in prison, criminal detention, control or deprivation of political rights.

Article 112nd the wartime supply him with weapons and equipment, military materials enemy, department for more than ten years of fixed-term imprisonment or life imprisonment; if the circumstances are relatively minor, three to ten years in prison.

The 113rd chapter of the crime of endangering national security, in addition to the 103rd paragraph second, 105th, 107th, 109th, especially serious harms to the country and the people, if the circumstances are especially serious, he shall be sentenced to death.
Whoever commits the crimes in this chapter, may also be sentenced to confiscation of property.

 

The second chapter of the crime of endangering public safety

114th fire, flooding, explosion, poison or other dangerous means factory, mine, oil, destruction of port, river, water source, warehouse, house, forest, farm, ranch, Valley field, key pipeline, public building or any other public or private property, thereby endangering public security, if serious consequences have not yet resulted, at three more than ten years of fixed-term.

115th fire, flooding, explosion, poison or other dangerous means that lead to serious injuries, death or causes heavy losses of public or private property, more than ten years imprisonment, life imprisonment or death.
Negligently commits the crime mentioned in the preceding three years, less than seven years imprisonment; if the circumstances are relatively minor, is less than three years imprisonment or criminal detention.

The 116th train, car, tram, destruction of ships, aircraft, train, car, tram to ships, aircraft, danger of overturning or being destroyed, causing no serious consequences, at more than three years to ten years in prison.

Article 117th damage, bridge, tunnel, railway, Airport Road, waterway, lighthouse, logo or other destructive activities, enough to make the train, car, tram, ships, aircraft, destroying the overturn risk, if serious consequences have not yet resulted, at more than three years to ten years in prison.

118th destroy electric power, gas or other inflammable or explosive equipment, endangers public security, if serious consequences have not yet resulted, at more than three years to ten years in prison.

Article 119th the damaged transport, transport facilities, power equipment, gas equipment, inflammable or explosive equipment, resulting in serious consequences, at more than ten years imprisonment, life imprisonment or death.
Negligently commits the crime mentioned in the preceding three years, less than seven years imprisonment; if the circumstances are relatively minor, is less than three years imprisonment or criminal detention.

Article 120th the organization, leadership and actively participates in a terrorist organization, department for more than three years of imprisonment less than ten years; other participants, is less than three years imprisonment, criminal detention or control.
The crime mentioned in the preceding paragraph and commits murder, explosion, kidnapping crime, shall be punished in accordance with the provisions of graft.

121st by violence, coercion or other methods to hijack aircraft, department for more than ten years of fixed-term imprisonment or life imprisonment; causing serious injury, death or serious damage to the aircraft, the death penalty.

122nd by violence, coercion or other methods hijacking ships, vehicles, more than five years imprisonment less than ten years; if the consequences are serious, department for more than ten years of fixed-term imprisonment or life imprisonment.

Personnel of 123rd aircraft in flight on the use of violence, endanger the safety of flight, causing no serious consequences, is less than five years imprisonment or criminal detention; if the consequences are serious, department for more than five years in prison.

The 124th failure of radio and television facilities, public telecommunications facilities, endangering public safety, three to seven years in prison; if the consequences are serious, department for more than seven years in prison.
Negligently commits the crime mentioned in the preceding three years, less than seven years imprisonment; if the circumstances are relatively minor, is less than three years imprisonment or criminal detention.

125th illegal manufacturing, sale, transportation, mailing, storage of firearms, ammunition, explosives, place above three years imprisonment less than ten years; if the circumstances are serious, department for more than ten years of imprisonment, life imprisonment or death.
The illegal trade, transportation of nuclear material, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

Article 126th shall be specified, determine the firearms manufacturing enterprises, and sales enterprise, in violation of the regulations governing control, one of the following acts, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, and five years in prison; if the circumstances are serious, five to ten years the following sentence; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment:
(a) for the purpose of illegal sale, manufacture, exceed quotas or not in accordance with the provisions of the varieties sell guns;
(two) for the purpose of illegal sale, manufacture without number, weight, false number of guns;
(three) the illegal sale of guns or selling the guns for export in china.

127th whoever steals or forcibly seizes guns, ammunition, explosives, place above three years imprisonment less than ten years; if the circumstances are serious, department for more than ten years of imprisonment, life imprisonment or death.
Robbery guns, ammunition, explosives or stealing, robbing the state organs, military and police personnel, guns, ammunition, explosives, place above ten years imprisonment, life imprisonment or death.

Article 128th violation of regulations on management of firearms, illegal possession, possession of firearms, ammunition, a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, three to seven years in prison.
Lawfully equipped with guns for the discharge of official duties of personnel, the illegal lease, lend the guns, shall be punished in accordance with the provisions of the preceding paragraph.
According to the configuration of firearms officers, illegally lease or lend the guns, thereby causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crime in the preceding third paragraphs, second paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

129th persons shall be equipped with guns for the discharge of official duties, losing firearms without timely report, causing serious consequences, is less than three years imprisonment or criminal detention.

130th illegal firearms, ammunition, knives or explosive, combustible, radioactive, poisonous, corrosive materials, access to public places or public transportation means, and endangers public security, if the circumstances are serious, is less than three years imprisonment, criminal detention or control.

The 131st aviation personnel who violate the rules and regulations, resulting in the occurrence of major accidents, causing serious consequences, is less than three years imprisonment or criminal detention; the cause of the crash or death, three years more than seven years in prison.

The 132nd railway workers who violate the rules and regulations, thereby causes a railway operational accident, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

Article 133rd violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention; traffic accident or other special circumstances of the poor, more than three years to seven years in prison; because of escape the death of people, more than seven years in prison.
Drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined.
There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment.

Article 134th in the production, operation in violation of the provisions of the relevant safety management, thus causing major casualties or other serious consequences, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.

Force others to illegal adventure homework, thus causing major casualties or other serious consequences, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years in prison.

135th safety production facilities or safe production conditions do not meet the provisions of the state, thus causing major casualties or other serious consequences, the directly responsible person in charge and other directly responsible personnel, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.

For large-scale mass activities in violation of security management regulations, thus causing major casualties or other serious consequences, the directly responsible person in charge and other directly responsible personnel, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.

Article 136th violation of explosive, flammable, toxic, radioactive, corrosive materials management regulations, the occurrence of major accidents in production, storage, transportation, use, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

137th construction units, design units, construction units, engineering supervision units in violation of state regulations, reduce the engineering quality standards, resulting in a serious accident, the persons who are directly responsible, is less than five years imprisonment or criminal detention, and shall also be fined; consequences are especially serious, department for more than five years to ten years in prison, and shall also be fined.

138th knowing that schools or teaching facilities that are dangerous, but not taken or reports are not timely measures, thereby giving rise to a major accident, the persons who are directly responsible, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

Article 139th violation of fire laws and regulations, the fire supervision agencies notice take corrective measures are refused, causing serious consequences, the directly responsible personnel, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

After the accident, have report responsibility personnel do not report or make a false report of the accident, bungling the accident rescue, the circumstances are serious, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.

 

The third chapter destroy the order of socialist market economy

The first section production, sales of fake and shoddy goods crime

140th producers, sellers in adulterates products, fake, shoddy, or with unqualified products as qualified products, sales amount of fifty thousand yuan less than two hundred thousand yuan, is less than two years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fine; sales of two hundred thousand yuan but less than five hundred thousand yuan, more than two years to seven years in prison, and sales amount of fifty percent to less than two times the fine; sales amount of five hundred thousand yuan less than two million yuan, more than seven years in prison, and sales amount of fifty percent to less than two times the fine; sales amount of two million yuan of above, fifteen years imprisonment or life imprisonment, and sales amount of fifty percent to less than two times the fine or confiscation of property.

141st production, sales of counterfeit drugs, is less than three years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health or other serious circumstances, three to ten years in prison, and shall also be fined; causing death or other especially serious circumstances, the agency for more than ten years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property.
Fake medicines referred to in this article means ", in accordance with the provisions of the pharmaceutical administration law of the people's Republic of China belongs to the" fake and counterfeit drugs, according to the non drug treatment.

142nd production, sales of substandard, causing serious harm to human health, department for more than three years to ten years in prison, and sales amount of fifty percent to less than two times the fine; if the consequences are especially serious, department for more than ten years in prison or life imprisonment, and sales amount of fifty percent to less than two times the fine or confiscation of property.
Called the inferior in this article, refers to the "Drug Administration Law" of the people's Republic of China belongs to the inferior medicines.

143rd of the production, sales do not meet the food safety standards of food, enough to cause a serious accident of food poisoning or other severe food borne diseases, is less than three years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health or other serious circumstances, three to seven years in prison, and shall also be fined; if the consequences are especially serious, department for more than seven years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property.

Article 144th in the production, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw food, is less than five years imprisonment, fined; causing serious harm to human health or other serious circumstances, the agency for more than five years less than ten years imprisonment, fined; causing death or other especially serious circumstances, shall be punished in accordance with the provisions of this article 141st.

145th production does not meet the protection of human health and national standards, industry standardsMedical careApparatus, medical material, or knowingly sells is not consistent with the protection of human health and national standards, industryMedical careApparatus, medical material, causing serious harm to human health, is less than five years imprisonment, fined the amount of sales fifty percent to less than two times the fine; if the consequences are especially serious, department for more than five years to ten years in prison, and sales amount of fifty percent to less than two times the fine, if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and sales amount of fifty percent to less than two times the fine or confiscation of property.

146th production is not in conformity with the personal and property safety, national standards, industry standard electrical, pressure vessel, flammable and explosive products or other not in conformity with the personal and property safety, national standards, industry standard products, or knowingly sells to is not in conformity with the personal and property safety, national standards, industry standard products, resulting in serious consequences, is less than five years imprisonment, fined the amount of sales fifty percent to less than two times the fine; if the consequences are especially serious, department for more than five years in prison, and sales amount of fifty percent to less than two times the fine.

147th production false pesticide, veterinary medicine, false false fertilizer, knowingly selling fake or use of pesticides, veterinary drugs, lost, seed fertilizer efficiency, or producers, sellers with substandard pesticides, veterinary drugs, chemical fertilizer, seed as qualified pesticide, fertilizer, seed, the relatively large losses in production, three years in prison or detention, or impose a single sales amount of fifty percent to less than two times the fine; make production suffered heavy losses, more than three years to seven years in prison, and sales amount of fifty percent to less than two times the fine; when causing grave losses in production, more than seven years in prison or life imprisonment, and the sales amount of fifty percent to less than two times the fine or confiscation of property.

148th production do not meet hygienic standards for cosmetics, or knowingly selling do not meet the health standards of cosmetics, causing serious consequences, is less than three years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fines.

Products listed 149th production, sales of the section 141st to article 148th, does not constitute the provisions of the crime, but the sales in the amount of fifty thousand yuan of above, in accordance with the provisions of this section 140th shall be convicted and punished.
Listed products production, sales of the section 141st to article 148th, the provisions of the constitution of crime, and constitute the section 140th provisions of the crime, in accordance with the provisions of punishment heavier punishment.

150th where a unit commits this section 140th to article 148th provisions of the crimes, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the articles.

 

In section second, the crime of smuggling

Article 151st the smuggling of weapons, ammunition, nuclear materials or counterfeit currency, at more than seven years in prison, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, he shall be sentenced to life imprisonment or death, also be sentenced to confiscation of property; if the circumstances are relatively minor, three years less than seven years imprisonment, fined.
Smuggling national ban on the export of cultural relics, gold, silver and other precious metal or precious animal prohibited import and export its products, more than five years to ten years in prison, and shall also be fined; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment, confiscation of property; if the circumstances are relatively minor, is less than five years imprisonment, fined.
The smuggling of rare plants and their products in countries such as the prohibition of other goods, the import and export, is less than five years imprisonment or criminal detention, or be fined; if the circumstances are serious, department for more than five years in prison, fined.
Where a unit commits the crimes, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with this article, the provisions of paragraph.

Article 152nd for the purpose of making profits or spread, smuggles pornographic movies, video and audio tapes, pictures, books or other pornographic articles, three to ten years in prison, and shall also be fined; if the circumstances are serious, department for more than ten years in prison or life imprisonment, and concurrently be sentenced to a fine or confiscation property; if the circumstances are relatively minor, is less than three years imprisonment, criminal detention or control, and shall also be fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

153rd the smuggling of the 151st article of this law, the provisions of article 152nd, 347th goods, articles, according to the seriousness of the case, were punished in accordance with the following provisions:
(a) the smuggling of goods, the amount of tax evasion is big or a year for smuggling is two administrative sanctions and smuggling, is less than three years imprisonment or criminal detention, and the amount of tax evasion is one to five times the fine.
(two) the smuggling of goods, the amount of tax evasion is enormous or other circumstances are serious, department for more than three years to ten years in prison, and the amount of tax evasion is one to five times the fine.
(three) the smuggling of goods, the amount of tax evasion is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and the amount of tax evasion is one to five times the fine or confiscation of property.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention; if the circumstances are serious, department for more than three years of imprisonment less than ten years; if the circumstances are especially serious, ten years in prison.
The smuggling of untreated, according to the cumulative smuggled goods or articles, the amount of tax evasion punishment.

Article 154th the following smuggling behavior, according to the provisions of this section constitutes a crime, in accordance with the provisions of article 153rd convicted and punished:
(a) without permission of the customs and not pay the tax payable, the unauthorized use of the approval of imports of processing, assembling with supplied parts, compensation trade of raw materials, parts, equipment, manufactured goods, bonded goods, sale for profits in china;
(two) without the approval of the customs and not pay the tax payable, the unauthorized use of specific tax cuts, the duty-free import of goods, goods, sale for profits in china.

Article 155th the following acts, the smuggling crime, shall be punished in accordance with the relevant provisions of this section:
(a) directly and illegally purchasing from smugglers countries banned the import of goods, or to take other goods, private illegal purchase of smuggled goods, large amount of;
(two) in the inland sea, territorial sea transportation, purchasing, selling the country to prohibit the import and export of goods, transport, buy, sell or import and export of goods, articles restricted by the state, the larger amount, without legal certificates;
(three) the escape will overseas solid waste transported into China Customs supervision.

Article 156th and smuggling criminal conspiracy, with loans, funds, accounts, invoices, proof for it, or to provide transportation, storage, post or other convenient, shall be punished as an accomplice in the crime of smuggling.

Smuggling 157th armed, in accordance with this law, the provisions of the first paragraph of article 151st shall be given a heavier punishment.
Using violence, threats to resist the smuggling, the smuggling and the law 277th stipulation hindered state functionaries from performing their duties according to law shall be punished in accordance with the provisions of the crime, a combined punishment for several crimes.

 

The third section prejudice to the company, enterprise management order crime

158th applicant company registration using false documents or by other fraudulent means false registered capital, deceive the company registration authority, the company registration, false registered capital amount is huge, the consequences are serious or if the circumstances are serious, is less than three years imprisonment or criminal detention, or impose a single false registered capital amounting to one percent to five percent of the fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention.

The provisions of article 159th the promoters of the company, shareholders in violation of company law does not pay cash, in kind or does not transfer property rights, false capital contribution, or after the establishment of the company and withdraw their capital, a huge amount, the consequences are serious or if the circumstances are serious, to five years in prison or detention, or impose a single place a false capital contribution amount or smoke escape capital more than two percent below ten percent fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention.

Article 160th in the prospectus, subscription book, company, enterprise bond issuance plan, concealing important facts or fabrication of major false contents, the issue of shares or corporate, corporate bonds, the amount is huge, the consequences are serious or if the circumstances are serious, to five years in prison or detention, or impose a single illegal fund-raising amount one percent to five percent of the fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention.

Article 161st shall bear the obligation of information disclosure of the company, enterprise to provide financial reports which are false or conceal important facts to its shareholders and the public, or to other important information disclosure is not in accordance with the provisions of the disclosure in accordance with the law, serious damage to the interests of shareholders or others, or if the circumstances are serious, the directly responsible persons in charge and other directly responsible personnel, is less than three years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine.

The 162nd company, enterprise liquidation, hiding property, makes false entries on its balance sheet or a list of property or distribution company, in the enterprise assets before repaying debts, serious damage to the interests of creditors or others, the directly responsible persons in charge and other directly responsible personnel, and five years in prison or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine.

Company, enterprise through the hiding property, bearing the fictitious debt or otherwise transfer, dispose of the property, the implementation of false bankruptcy, serious damage to the interests of creditors or others, the directly responsible persons in charge and other directly responsible personnel, is less than five years imprisonment or criminal detention, a fine or a single twenty thousand yuan more than two hundred thousand yuan fine.

Concealment or intentional destruction shall be kept in accordance with the accounting vouchers, accounting books, accounting statements, if the circumstances are serious, is less than five years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine.

Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

The 163rd company, enterprise or other unit personnel who take advantage of their office, extort or accept bribes, for the benefit of others, the larger amount, is less than five years imprisonment or criminal detention; the enormous amount of, at more than five years in prison, and may concurrently be sentenced to confiscation of property.
"Companies, enterprises or other units of staff in economic transactions, using the convenience of duty, in violation of state regulations, accept all kinds of commission, fees, to all individuals, shall be punished in accordance with the provisions of the preceding paragraph.
"The State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise or any other state owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business has the acts mentioned in the preceding two paragraphs, in accordance with the provisions of law 385th, article 386th convicted and punished."

164th to seek illegitimate interests, giving the company, enterprise or other unit staff to property, large amount of, is less than three years imprisonment or criminal detention; the enormous amount of, at more than three years to ten years in prison, fined.
To seek illegitimate business interests, given to foreign public officials and officials of public international organizations to property, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.
In the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment.

165th where a State-Owned Company, enterprise directors, managers use convenient position, their own business or for other business operators and service companies, business similar to the business, to obtain illegal profits, the amount is huge, is less than three years imprisonment or criminal detention, fine or fined; if the amount is especially huge, three years or seven years in prison, fined.

166th where a State-Owned Company, enterprise, institution staff, use convenient position, any of the following circumstances, resulting in serious losses to the interests of the state, is less than three years imprisonment or criminal detention, or be fined; if especially heavy losses are caused to the interests of the state, three to seven years in prison, and shall also be fined:
(a) the unit profit business by their relatives and friends for operation;
(two) with significantly higher than market prices to their relatives and friends management unit purchase goods or to significantly below market prices to their relatives and friends management unit sales of commodities;
(three) to their relatives and friends management unit purchase substandard merchandise.

The directly responsible person in charge of 167th State-Owned Company, enterprise, institution, in the process of signing and fulfilling the contract, because of serious irresponsibility, fraud, causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; if especially heavy losses are caused to the interests of the state, three to seven years in prison.

168th where a State-Owned Company, enterprise staff, because of serious irresponsibility or breach of privilege, resulting in State-Owned Company, enterprise bankruptcy or serious losses, resulting in heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; the state interests suffered particularly heavy losses, more than three years to seven years in prison.

The state-owned institutions of staff with the conduct, resulting in serious losses to state interests, shall be punished in accordance with the provisions of the preceding paragraph.

State-Owned Company, enterprise, institution staff, play favouritism and commit irregularities, commits the crime in the preceding two paragraphs, shall be given a heavier punishment in accordance with the provisions of the first paragraph.

169th where a State-Owned Company, enterprise or its superior departments directly in charge of state-owned assets, play favouritism and commit irregularities, shares or sell at a low price, thus causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; if especially heavy losses are caused to the interests of the state, three years more than seven years of fixed-term in prison.

Listing Corporation directors, supervisors, senior management personnel violate the duty of loyalty to the company, use convenient position, operating listing Corporation engaged in one of the following acts, causing heavy losses to the interests of the listing Corporation, is less than three years imprisonment or criminal detention, or be fined; resulting in heavy losses of the interests of the listing Corporation, department for more than three years less than seven years imprisonment, fined:
(a) free to other funds, unit or the individual commodity, service or any other asset;
(two) obviously unfair conditions, providing or receiving funds, commodity, service or any other asset;
(three) to provide funds, commodity, service or any other asset or individual who obviously does not have the ability of repayment units;
(four) to provide a guarantee for or individual who obviously does not have the ability of repayment units without justifiable reasons, or for other guarantees or individual units;
(five) a waiver of claims, liabilities without justified reasons;
(six) use other means to damage the interests of the listing Corporation.
The listing Corporation of the controlling shareholder or actual controller, to the directors of the listing Corporation, supervisors, senior management staff in the implementation of the acts mentioned in the preceding paragraph, shall be punished in accordance with the provisions of the preceding paragraph.
The crime mentioned in the preceding paragraph listing Corporation controlling shareholder or actual controller of the company, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

 

In section fourth, the destruction of financial management order crime

Article 170th counterfeit currency, at more than three years to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; in any of the following circumstances, place above ten years imprisonment, life imprisonment or death, be in fifty thousand yuan of above five hundred thousand yuan of the following fines or confiscation of property:
(a) the ringleaders counterfeiting group;
(two) where the amount of money involved is especially huge;
(three) there are other especially serious circumstances.

Article 171st sale, buy counterfeit money or use forged currency and transportation, the larger amount, is less than three years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; large, more than three years to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; if the amount is especially huge, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property.
The bank or other financial institution staff buy counterfeit money or take advantage of their positions to the counterfeit money, for money, for more than three years to ten years in prison, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, the agency for more than ten years in prison or life imprisonment, a fine of twenty thousand yuan and two hundred thousand yuan fine or confiscation of property; if the circumstances are relatively minor, is less than three years imprisonment or criminal detention, a fine or a single ten thousand yuan one hundred thousand yuan fine.
Counterfeit currency and sells or transports counterfeit currency, in accordance with the provisions of article 170th convicted and given a heavier punishment.

172nd knowing that is counterfeit hold, use, amount is large, is less than three years imprisonment or criminal detention, a fine or a single ten thousand yuan one hundred thousand yuan fine; large, more than three years to ten years in prison, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount is especially the huge, department for more than ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine or confiscation of property.

Article 173rd altered currency, amount is large, is less than three years imprisonment or criminal detention, a fine or a single ten thousand yuan one hundred thousand yuan fine; large, more than three years to ten years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine.

Article 174th without the approval of the people's Bank of China, commercial banks or other financial institutions set up unauthorized, is less than three years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine; if the circumstances are serious, three to ten years in prison, a fine of fifty thousand yuan of above five hundred thousand yuan of the following fine.
Business license forgery, alteration, transfer of commercial banks or other financial institutions, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

The 175th article by lending for the purpose of profit, taking credit funds from a financial institution and relending at others, the larger the amount of illegal gains, is less than three years imprisonment or criminal detention, and the illegal income more than five times the fine; huge amount, three years to seven years in prison, impose illegal income more than five times the amount of fines.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention.

In order to cheating loan, bills acceptance bank or other financial institutions, credit, letter of guarantee, to the bank or other financial institutions caused heavy losses or other serious circumstances, is less than three years imprisonment or criminal detention, or be fined; to banks or other financial institutions especially heavy losses are caused or other especially serious circumstances, three years less than seven years imprisonment, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

176th illegal absorbing public deposits or disguised absorbing public deposits, disrupts financial order, is less than three years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, three to ten years in prison, impose a fifty thousand yuan more than five hundred thousand yuan fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 177th in any of the following circumstances, forged, altered financial tickets, is less than five years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine; if the circumstances are serious, five to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:
(a) forged, altered drafts, promissory notes, cheques;
(two) forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers;
(three) forging, altering letters of credit or the accompanying documents, documents;
(four) counterfeit credit card.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Any of the following circumstances, the hindrance credit card management, is less than three years imprisonment or criminal detention, a fine or a single ten thousand yuan one hundred thousand yuan fine; quantity is large or if the circumstances are serious, three to ten years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine:
(a) the knowledge is the forge credit card holders, transport, or use forged blank credit card holders, transportation, the greater number;
(two) the illegal possession of other's credit card, a relatively large number of;
(three) using false identity certificate to obtain credit cards;
(four) the sale, purchase, provide the forged credit card for others or false proof of identity getting credit card.

Theft, bribery or other illegal credit card information provided, shall be punished in accordance with the provisions of the preceding paragraph.

The bank or other financial institution personnel who take advantage of their office, committed the crime in the preceding second paragraphs, shall be given a heavier punishment.

178th Whoever forges, alters treasury bonds or other securities issued by the nation, the larger amount, is less than three years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine; large, more than three years to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine; if the amount is especially huge, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property.
Forging, altering the shares or corporate, corporate bonds, the amount is relatively large, is less than three years imprisonment or criminal detention, a fine or a single ten thousand yuan one hundred thousand yuan fine; large, more than three years to ten years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the preceding two paragraphs.

Article 179th without the approval of the relevant competent departments of the state, the issue of shares or corporate bonds, enterprise arbitrarily, the amount is huge, the consequences are serious or if the circumstances are serious, is less than five years imprisonment or criminal detention, or impose a single office funds illegally raised one percent to five percent of the fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention.

Insiders 180th securities, futures trading on inside information or illegal acquisition of securities, futures trading information staff, involved in the issue of securities, securities, futures trading or other securities, have a significant impact on the price of futures trading information has not been open, buy or sell the securities, or engage in futures transactions related to the the inside information, or disclose this information, express, implied or others engaged in the trading activities, if the circumstances are serious, is less than five years imprisonment or criminal detention, or impose a single illegal income more than five times the fine; if the circumstances are especially serious, department for more than five years of less than ten years imprisonment, fined more than five times the illegal income be fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention.
The scope of insider information, determined in accordance with the provisions of laws, administrative rules and regulations.
The range of insiders, determined in accordance with the provisions of laws, administrative rules and regulations.
Financial institutions, securities exchanges, securities companies, futures exchange, futures Broker's Firm, fund management companies, commercial banks, insurance companies and other practitioners as well as the staff of the relevant regulatory authorities or industry associations, the outside position of insider information and other undisclosed information, in violation of the provisions, engaged in related with the information security, futures trading activities, express, implied or others engaged in trading activities, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph.

Article 181st fabricate and disseminate false information that affect securities trading, which disturb securities trading market, resulting in serious consequences, is less than five years imprisonment or criminal detention, a fine or a single ten thousand yuan one hundred thousand yuan fine.
Securities exchanges, securities companies, practitioners, the securities industry association or the securities management department staff, deliberately provides false information or forged, altered, destroyed the transaction record, luring investors to buy and sell securities, causing serious consequences, and five years in prison or detention, or impose a single ten thousand yuan more than one hundred thousand yuan of the following a fine; if the circumstances are especially serious, department for more than five years to ten years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention.

Article 182nd in any of the following circumstances, manipulation of the securities and futures market, if the circumstances are serious, is less than five years imprisonment or criminal detention, or be fined; if the circumstances are especially serious, department for more than five years of less than ten years imprisonment, fined:
(a) individually or in collusion, financial strength, holding or positions or the advantage of information superiority to jointly or continuously trading, manipulation of securities, futures prices or securities, futures trading volume;
(two) in collusion with others, to the predetermined time, price and mode for securities, futures trading, securities, futures trading prices of securities, futures trading volume or;
(three) for securities transactions between their actual control account, or to themselves as the transaction object, since the buy from sell futures contracts, affecting the securities, futures prices or securities, futures trading volume;
(four) the manipulation of the securities and futures market, to other methods.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

183rd personnel of insurance companies who take advantage of their office, deliberately fabricates the occurrence of an insured accident not false claims, defrauds insurance money all to himself, in accordance with the provisions of article 271st convicted and punished.
The state-owned insurance company staff and state-owned insurance company that is not owned by the state insurance company personnel engaged in official business with the conduct, in accordance with the provisions of article 382nd, article 383rd convicted and punished.

Article 184th the bank or other financial institution staff in financial activities extort or accept bribes, for the benefit of others, or in violation of state regulations, accept all kinds of commission, fees, to all individuals, in accordance with the provisions of article 163rd convicted and punished.
Work personnel of state-owned financial institutions and state-owned financial institution appointed to the staff in non state owned financial institutions engaged in official business with the conduct, in accordance with the provisions of article 385th, article 386th convicted and punished.

Article 185th the bank or other financial institution personnel who take advantage of their office, misappropriation of the unit or customer funds, in accordance with the provisions of article 272nd convicted and punished.
Work personnel of state-owned financial institutions and state-owned financial institution appointed to the staff in non state owned financial institutions engaged in official business with the conduct, in accordance with the provisions of article 384th convicted and punished.

Commercial banks, stock exchanges, securities companies, futures exchange, futures Broker's Firm, insurance company or other financial institutions, the breach of fiduciary duty, unauthorized use of client funds or other trust, the trust property, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible personnel, three years in prison or detention, a fine of thirty thousand yuan three hundred thousand yuan fine; if the circumstances are especially serious, department for more than three years to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine.
The social security fund management institutions, housing provident fund management institutions and other public fund management institutions, as well as the insurance company, Asset Management Co, insurance, securities investment fund management company, in violation of state regulations, use of funds, the directly responsible persons in charge and other directly liable persons shall be punished in accordance with the provisions of the preceding paragraph.

Article 186th the bank or other financial institution staff in violation of state regulations, a huge amount of loans, or cause a major loss, is less than five years imprisonment or criminal detention, a fine of ten thousand yuan one hundred thousand yuan fine; if the amount involved is especially huge or especially heavy losses are caused, the department for more than five years in prison, a fine of twenty thousand yuan more than two hundred thousand yuan fine.
"The bank or other financial institution staff in violation of state regulations, loans to related people, according to the provisions of the preceding paragraph shall be given a heavier punishment."

Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the preceding two paragraphs.
The scope of related people, determined in accordance with the "people's Republic of China Commercial Bank Law" and the relevant financial regulations.

Article 187th the bank or other financial institution staff absorption customer funds not accounted for the amount is huge, or cause a major loss, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is especially huge or especially heavy losses are caused, the Department for more than five years in prison, a fine of fifty thousand yuan more than five hundred thousand yuan fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 188th the bank or other financial institution staff in violation of regulations, a letter of credit or other guarantee, bill, certificate, proof of credit for others, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years in prison.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 189th the bank or other financial institution staff in bill business, in violation of the provisions of the negotiable instruments law, guarantee the payment or acceptance, causing major losses, is less than five years imprisonment or criminal detention; especially heavy losses are caused, the Department for more than five years in prison.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

190th where a State-Owned Company, enterprise or any other state owned unit, in violation of state regulations, to deposit foreign exchange abroad, or illegally transfer foreign exchange abroad, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible personnel, is less than five years imprisonment or criminal detention.

The 191st known to be drug-related crimes, underworld of organized crime, terrorism crime, smuggling crime, the crime of corruption and bribery, the destruction of financial management order, crime of financial fraud crime income and its benefit, to cover up, conceal the source and nature of, any of the following acts, the confiscation of proceeds of offences and the implementation of the above the revenue generated, is less than five years imprisonment or criminal detention, or impose a single amount of money laundering more than five percent below twenty percent fine; if the circumstances are serious, department for more than five years to ten years in prison, and impose a fine of more than five percent twenty percent of the amount of money laundering:
(a) providing funds accounts;
(two) to assist in the transfer of property into cash, financial instruments, securities;
(three) to transfer funds through transferring accounts, or other ways of settling accounts;
(four) assist to remit funds abroad;
(five) other ways to cover up, conceal the proceeds of crime and the sources of income and property.

Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention.

 

In section fifth, the crime of financial fraud

Article 192nd for the purpose of illegal possession, using deceit in illegal fund-raising, the larger amount, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan of above five hundred thousand yuan of the following a fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property.

Article 193rd in any of the following circumstances, for the purpose of illegal possession, defraud the bank or other financial institution loans, the amount is relatively large, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; tremendous amount or other serious circumstances, five years more than ten years of fixed-term in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:
(a) make up the introduction of funds, project false reasons;
(two) using false economic contracts;
(three) using false documents;
(four) using false property right certificates or duplicate guarantee exceeding;
(five) defrauding loans by other means.

Article 194th in any of the following circumstances, financial fraud activities, the larger amount, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:
(a) use forged, altered drafts, promissory notes, cheques and use;
(two) that is voided drafts, promissory notes, cheques and use;
(three) using someone else's draft, promissory note, check;
(four) issued lip-service or seal is not in conformity with the cheque, cheat;
(five) drafts, promissory notes issued no funds to ensure the drafts, promissory notes or making false records in the drawer, cheat.
Using a forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers, shall be punished in accordance with the provisions of the preceding paragraph.

Article 195th in any of the following circumstances, letter of credit fraud, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; if the amount is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:
(a) the use of forged, altered letters of credit or bills, documents attached;
(two) use invalid credit card;
(three) fraudulently obtaining a letter of credit;
(four) letter of credit fraud activities by other methods.

Article 196th in any of the following circumstances, credit card fraud, the amount is relatively large, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:
(a) the use of counterfeit credit card, or using false identity cheat brought credit card;
(two) the use of invalid credit card;
(three) using other's credit card;
(four) the malicious overdraft.

Malicious overdraft referred to in the preceding paragraph, refer to the cardholder for the purpose of illegal possession, more than the prescribed time limit or overdraft limit, and after collection by the issuing bank not to return behavior.

"Stealing credit card and using it, in accordance with the provisions of article 264th convicted and punished.

Article 197th the use of forged, altered Treasury bills and other securities issued by the nation, the fraudulent activities, amount is large, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, be in fifty thousand yuan of above five hundred thousand yuan of the following a fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan and five hundred thousand Yuan fines or confiscation of property.

Article 198th in any of the following circumstances, of insurance fraud, the amount is relatively large, is less than five years imprisonment or criminal detention, a fine of ten thousand yuan one hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine or confiscation of property:
(a) the insurant deliberately fictional insurance object, defrauds insurance money;
(two) the insurant, the insured or the or the beneficiary intentionally causes losses to the occurrence of an insured accident degree, defrauds insurance money;
(three) the insurant, the insured or the beneficiary fabricate non insurance accident, defrauds insurance money;
(four) the insured, the insured intentionally causing the loss of property insurance accident, defrauds insurance money;
(five) the insured, the beneficiary intentionally causes the death of the insured, disability or illness, defrauds insurance money.
With the fourth, fifth of the act, which also constitutes another crime, shall be punished in accordance with the provisions of graft.
Where a unit commits the crime in the first paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention; if the amount is enormous or other circumstances are serious, department for more than five years to ten years in prison; if the amount involved is especially huge or other especially serious the plot, at more than ten years in prison.
Appraisers, certifiers, property assessment who intentionally provide false documents, and provide conditions for others to commit fraud, shall be punished as an accomplice in insurance fraud.

Article 199th commits the crime prescribed in section 192nd shall, if the amount involved is especially huge and especially heavy losses are caused to the interests of the state and the people, shall be sentenced to life imprisonment or the death penalty, also be sentenced to confiscation of property.

200th where a unit commits the day 192nd, 194th, 195th provisions of the crime, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than five years imprisonment or criminal detention, may also be fined; if the amount is enormous or other circumstances are serious, five years more than ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined.

 

The sixth section harm tax revenue collection crime

201st a taxpayer fraud, concealing the means of false tax returns or not to declare, to avoid a large amount of pay taxes and the tax payable shall be accounted for more than ten percent, is less than three years imprisonment or criminal detention, and shall also be fined; a huge amount of tax payable and accounted for more than thirty percent, more than three years to seven years in prison, and shall also be fined.
Withholding agents using the means mentioned in the preceding paragraph, fails to pay or underpays the buckle, collected the tax amount, the amount is relatively large, shall be punished in accordance with the provisions of the preceding paragraph.
The repeated acts mentioned in the preceding two paragraphs, untreated, calculated in accordance with the total amount.
The first paragraph of behavior, issued by the tax authorities. Notice in accordance with the law, pay the tax payable, pay a surcharge, has been subject to administrative penalties, shall not be subject to criminal liability; but, five years for evading payment of tax authorities except or be given administrative punishment two times more than the tax has been subjected to criminal punishment.

202nd means of violence or threat, refused to pay taxes, is less than three years imprisonment or criminal detention, and refusal to pay taxes, more than five times the fine; if the circumstances are serious, department for more than three years to seven years in prison, and refusal to pay taxes, more than five times the amount of fines.

Article 203rd a taxpayer who has not paid the taxes payable, means of transferring or concealing the property, the tax authorities not shall pursue the payment of the tax, the amount of ten thousand yuan less than one hundred thousand yuan, is less than three years imprisonment or criminal detention, and subjected to a single department or less tax payable to one to five times the fine; in the amount of one hundred thousand yuan more than three years, more than seven years in prison, and tax arrears more than five times the amount of fines.

204th for false export reports or other fraudulent means, defrauding export tax refund, the larger amount, is less than five years imprisonment or criminal detention, and fraudulently to one to five times the fine; if the amount is enormous or other circumstances are serious, department for more than five years to ten years in prison, and defraud tax is one to five times the fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and fraudulently to one to five times the fine or confiscation of property.
Taxpayers pay tax, by deceptive means mentioned in the preceding paragraph, defrauding the tax paid, in accordance with the provisions of article 201st convicted and punished; tax claim more than pay, shall be punished in accordance with the provisions of the preceding paragraph.

Article 205th falsely issuing exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, is less than three years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; Xukai large amount of taxes or other serious circumstances involved, three to ten years in prison, be in fifty thousand yuan five hundred thousand yuan fine; Xukai tax amount is huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, impose a fifty thousand yuan more than five hundred thousand yuan by the fine or confiscation of property.
Where a unit commits the crimes, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention; Xukai large amount of taxes or other serious circumstances, three to ten years in prison; Xukai tax the amount involved is huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment.
Falsely issuing exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, is for others, or do so for oneself, let others do so for oneself, introduce others to falsely issue.
Other invoices Xukai 205th article of this law, if the circumstances are serious, is less than two years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are especially serious, department for more than two years of less than seven years imprisonment, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

206th Whoever forges or sells forged special invoices for value-added tax, is less than three years imprisonment, criminal detention or control, and impose a twenty thousand yuan two hundred thousand yuan fine; larger number or other serious circumstances, three to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; the quantity is huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property.
Where a unit commits the crimes, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment, criminal detention or control; larger number or other serious circumstances, three to ten years in prison; large quantities or of a other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment.

Article 207th the sale of value-added tax invoices illegal, is less than three years imprisonment, criminal detention or control, and impose a twenty thousand yuan two hundred thousand yuan fine; the larger, more than three years to ten years in prison, impose a fifty thousand yuan more than five hundred thousand yuan to the fine; huge, department for more than ten years term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property.

208th illegal purchase special invoices for value-added tax or purchases forged special invoices for value-added tax, is less than five years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine.
Illegal purchase special invoices for value-added tax or purchases forged special invoices for value-added tax invoices or sold again, respectively, in accordance with the provisions of article 205th, article 206th, article 207th convicted and punished.

Article 209th unauthorized manufacture or sell fake, counterfeit, or to make can be used for defrauding export tax refunds, other invoices offset taxes, is less than three years imprisonment, criminal detention or control, and impose a twenty thousand yuan two hundred thousand yuan fine; a great number of, three years more than seven years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; the number of particularly large, more than seven years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine or confiscation of property.
Other invoice forgery, the unauthorized manufacture or sell the provisions of the preceding paragraph, the unauthorized manufacture counterfeit outside, is less than two years imprisonment, criminal detention or control, or impose a single ten thousand yuan fifty thousand yuan fine; if the circumstances are serious, two to seven years in prison, a fine of fifty thousand yuan to five hundred thousand yuan the following penalties.
The illegal sale can be used for defrauding export tax refunds, other invoices offset taxes, shall be punished in accordance with the provisions of the first paragraph.
Other invoice illegal sale of the third paragraph shall be punished according to the provisions of the second paragraph.

Article 210th theft of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, in accordance with the provisions of article 264th convicted and punished.
The use of deception of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, in accordance with the provisions of article 266th convicted and punished.
Knowing is forged invoices and hold, large quantity, is less than two years imprisonment, criminal detention or control, and shall also be fined; a great number of, two years less than seven years imprisonment, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

211st where a unit commits the day 201st, 203rd, 204th, 207th, 208th, 209th provisions of the crime, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the articles.

212nd make this section 201st to article 205th of the provisions of the crime, be sentenced to a fine, confiscation of property, prior to execution, shall be by the tax authorities for the payment of taxes and the defrauded tax refund for exports.

 

The seventh section crimes of infringing on intellectual property rights

Article 213rd without the owner of a registered trademark license, at the same use of a commodity and its registered trademark, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.

214th knowingly selling commodities bearing counterfeit registered trademarks, the amount of sales is relatively large, is less than three years imprisonment or criminal detention, or be fined; if the amount of sales is huge, more than three years to seven years in prison, fined.

Article 215th counterfeit, or to make others registered trademarks or selling counterfeit, or to make representations of a registered trademark, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.

Article 216th counterfeit patent, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined.

Article 217th for the purpose of profit, one of the following copyright infringement case, the larger the amount of illegal income or other serious circumstances, is less than three years imprisonment or criminal detention, or be fined; if the amount is huge or other especially serious circumstances, three to seven years in prison, and shall also be fined:
(a) without permission from the copyright owner, reproducing and distributing a written work, music, film, television, video works, computer software and other works;
(two) published others enjoy the exclusive rights of books;
(three) without audio and video producers to license, copy and distribute the recording;
(four) production, sale of fake others sign art works.

Article 218th for the purpose of making profits, knowingly selling infringing copies of this law, the provisions of article 217th, the amount of illegal gains is huge, is less than three years imprisonment or criminal detention, or be fined.

Article 219th in any of the following violations of commercial secrets, commercial secret rights caused a serious loss, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined:
(a) by stealing, luring, coercion or any other improper means to acquire the business secrets of the right owner;
(two) disclosure, use or allow others to use the means of obtaining previous business secrets of the right owner;
(three) in violation of the agreement or against the obligee's request of keeping the commercial secrets, disclosure, use or permit others to use the business secret.
The seller knows or should know the acts mentioned in the preceding paragraph, access, use or disclosure of trade secrets of others, to the infringement on commercial secrets.
The term trade secrets in this article, is not known to the public, can bring economic benefits to the obligee, technology information and management information and the relevance of human rights to take security measures.
Alleged human rights this article, refers to the trade secret owner and the commercial secrets all license commercial secret use.

220th where a unit commits this section 213rd to article 219th provisions of the crimes, it shall be fined, and the person in charge directly responsible and other personnel directly responsible shall be punished in accordance with this section, the provisions of the articles.

 

The eighth section crimes of disrupting market order

Article 221st fabricating and spreading false fact, damage to other people's commercial reputation, and causes significant losses to others or other serious circumstances, is less than two years imprisonment or criminal detention, or be fined.

Article 222nd advertisers, advertising agents and advertisement publishers, in violation of state regulations, use advertising to make false publicity of commodities or services, if the circumstances are serious, is less than two years imprisonment or criminal detention, or be fined.

Article 223rd the collusion bidding, damage the tenderer or other bidders interests, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined.
Bidders collude with the tenderee, damage the state, collective, and the legitimate interests of citizens, shall be punished in accordance with the provisions of the preceding paragraph.

Article 224th in any of the following circumstances, for the purpose of illegal possession, in the process of signing and fulfilling the contract, for the other party property, large amount of, is less than three years imprisonment or criminal detention, or be fined; if the amount involved is huge or other serious circumstances, three years more than ten years of fixed-term in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:
(a) in the fictional units or infringe upon the name of the contract;
(two) secured by forged, altered, or invalid negotiable instruments or other false certificates of property rights as;
(three) no actual ability to perform, to fulfill the contract or small part to perform the contract, the other party into continuing to sign and fulfill the contract;
(four) receiving the other party goods, payment, advance payment guarantee property or go into hiding after;
(five) with other methods for the other party property.

Tissue, leading to the sales of goods, services and other business activities as, participants are required to pay fees or purchase goods, services such as access to join the qualification, and according to the order of composition level, directly or indirectly to develop personnel quantity as payment or return basis, lure, stress participants continue to develop other people, cheat, disrupt the economic and social order of the pyramid selling activities, is less than five years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than five years in prison, fined.

Article 225th violation of the provisions of the state, has one of the following illegal business behavior, disturb the market order, the circumstances are serious, is less than five years imprisonment or criminal detention, or impose a single illegal income more than five times the fine; if the circumstances are especially serious, department for more than five years in prison, impose illegal income more than doubled five times the fine or confiscation of property:
(a) without permission management laws, administrative regulations of the monopoly, monopoly goods or other restrictions on the sale of the goods;
(two) the provisions approved sale of import and export licenses, import and export certificates of origin and other laws, administrative rules and regulations of the business license or document;
(three) unless approved by the competent departments of the state illegal operation of securities, futures, insurance, or illegally engaging in fund payment and settlement business;
(four) other serious illegal acts disrupting the market order.

Article 226th by means of violence or threat,, the implementation of one of the following acts, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined:
(a) to sell or buy goods;
(two) forcing others to provide or accept services;
(three) forcing others to participate in or withdraw from the tender, auction;
(four) forcing others to transfer or acquiring company, enterprise shares, bonds or other assets;
(five) forcing others to participate in or withdraw from a certain business operation.

227th Whoever forges or reselling tickets, tickets, stamps, or other valuable ticket, the larger amount, is less than two years imprisonment, criminal detention or control, or impose a single ticket price is more than five times the fine; large, more than two years to seven years in prison, fined the value of the tickets is one to five times the fine.
Speculative reselling of tickets, tickets, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or impose a single ticket price is more than five times the amount of fines.

Article 228Th for the purpose of making profits, in violation of the regulations on land management, illegal transfer of land use rights, or, if the circumstances are serious, is less than three years imprisonment or criminal detention, a fine or a single illegal transfer, reselling land value more than five percent below twenty percent fine use rights; if the circumstances are especially serious, three to seven years in prison, and illegal transfer, selling price five percent to twenty percent of the fine land use rights.

Intermediary 229th bear the assets appraisal, capital verification, validation, accounting, auditing, legal services and other responsible personnel deliberately provides false documents, if the circumstances are serious, is less than five years imprisonment or criminal detention, and shall also be fined.
The provisions of the preceding paragraph, extort or accept bribes, the crime mentioned in the preceding paragraph, the Department for more than five years to ten years in prison, fined.
The provisions of the first paragraph of the staff, seriously irresponsible, issued documents have significant inaccuracies, resulting in serious consequences, is less than three years imprisonment or criminal detention, or be fined.

Article 230th in violation of the provisions on inspection of import and export commodities, to escape the commodity inspection, using imported commodity inspection authorities did not report to the inspection and unauthorized sales, use, or will have to inspection by the commodity inspection authorities did not report to the inspection of export commodities to export, if the circumstances are serious, place below three years period in prison or detention, or be fined.

231st where a unit commits this section 221st to article 230th provisions of the crimes, it shall be fined, and the person in charge directly responsible and other personnel directly responsible shall be punished in accordance with this section, the provisions of the articles.

 

The fourth chapter encroaches upon the citizen personal rights, democratic rights of crime

Article 232nd the murderer, sentenced to death, life imprisonment, or more than ten years; if the circumstances are relatively minor, three to ten years in prison.

Causes the death of 233rd faults, three years less than seven years imprisonment; if the circumstances are relatively minor, and three years in prison. The provisions of this act, in accordance with the provisions.

Article 234Th deliberately hurt others body, is less than three years imprisonment, criminal detention or control.
The crime mentioned in the preceding paragraph, causing serious injury, three years and ten years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death. The provisions of this act, in accordance with the provisions.
Organizing others betray body organs, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years in prison, and concurrently be sentenced to a fine or confiscation of property.
Without the consent of the organ harvesting from, or under the age of eighteen organs, or force, deceive others donate organs in accordance with the provisions of this law, article 234Th, article 232nd convicted and punished.
Removal of the body organs against their wishes, or I was not agreed, in violation of state regulations, take the body organs against their close relatives will, in accordance with the provisions of article 302nd convicted and punished.

Article 235th faults hurt others wounded, is less than three years imprisonment or criminal detention. The provisions of this act, in accordance with the provisions.

236th by violence, coercion or other means to rape women, three to ten years in prison.
Rape young girls under the age of fourteen, to rape, he shall be given a heavier punishment.
The rape of women, carnal knowledge of a child, one of the following circumstances, place above ten years imprisonment, life imprisonment or death:
(a) the rape of women, having sexual intercourse with a minor plot bad;
(two) the rape of women, having sexual intercourse with a minor people;
(three) the rape of women in public places and public;
(four) more than two gang rape;
(five) cause the victim serious injury, death or other serious consequences.

237th by violence, coercion or any other method of coercive indecency or insults a woman, is less than five years imprisonment or criminal detention.
The crime mentioned in the preceding paragraph made in public or in the public place, office for more than five years in prison.
Child pornography, in accordance with the provisions of the preceding two paragraphs shall be given a heavier punishment.

238th illegal detention of a person or other unlawful deprivation of personal freedom of others, is less than three years imprisonment, criminal detention, control or deprivation of political rights. Having beaten, insult the plot, he shall be given a heavier punishment.
The crime mentioned in the preceding paragraph, causing serious injury, three years and ten years in prison; causes a person's death, more than ten years in prison. The use of violence cause disability, death, in accordance with the provisions of law 234Th, article 232nd convicted and punished.
For repayment of the debt illegal arrest, detention of a person, shall be punished in accordance with the provisions of the preceding two paragraphs.
The State functionary commits the crime in the preceding three paragraphs, in accordance with the provisions of the preceding three paragraphs shall be given a heavier punishment.

Article 239th to extort property for the purpose of kidnapping, or kidnapping others as hostages, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are relatively minor, five years less than ten years imprisonment, fined.
The crime mentioned in the preceding paragraph, the death of the kidnapped person or kills the kidnapped person, the death penalty, also be sentenced to confiscation of property.
Whoever steals an infant for extortion, shall be punished in accordance with the provisions of the preceding two paragraphs.

Article 240th of abducting and trafficking in women, children, five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the death penalty, also be sentenced to confiscation of property:
(a) the first molecular group of abducting and trafficking in women, children;
(two) the trafficking of women and children, three people;
(three) to seduce abducted women;
(four) deception, forcing abducted women to engage in prostitution or those selling abducted women to prostitution;
(five) for the purpose of selling, the use of violence, coercion or anesthesia abduction of women, children;
(six) for the purpose of selling, stealing a baby;
(seven) causing abducted women, children or their relatives serious injury, death or other serious consequences;
(eight) women, children will be sold to overseas.
Trafficking in women and children, is for the purpose of selling, a kidnapping, kidnapping, buying, trafficking, transport, transfer one of the women, children's behavior.

241st of those buying abducted women, children, is less than three years imprisonment, criminal detention or control.
Those buying abducted women, forcing them to have sex, in accordance with the provisions of article 236th convicted and punished.
Those buying abducted women and children, deprived, restrict personal freedom or injury, insult and other criminal acts, in accordance with the relevant provisions of this Law shall be convicted and punished.
Those buying abducted women and children, and has committed the crime of the provisions in the second paragraph, third paragraph, shall be punished in accordance with the provisions of punishment.
Those buying abducted women, children and the sale, in accordance with the provisions of article 240th convicted and punished.
Those buying abducted women, children, according to be bought women will not hinder, returning to their original residence, to buy children do not abuse behavior, not hinder to rescue them, can not be investigated for criminal responsibility.

242nd by violence, threat obstructs functionaries of a state organ from rescuing bought women, children, in accordance with the provisions of article 277th convicted and punished.
To prevent functionaries of a state organ save the ringleaders bought women, children, is less than five years imprisonment or criminal detention; other participants acts or threats of violence, shall be punished in accordance with the provisions of the preceding paragraph.

243rd fabricated frame others, attempt to subject others to criminal investigation, if the circumstances are serious, is less than three years imprisonment, criminal detention or control; causing serious consequences, at three to ten years in prison.
Workers of state organs who commits the crime, he shall be given a heavier punishment.
Not deliberately framed, but wrongly accuse, or unfounded accusation, the provisions of the preceding two paragraphs shall not apply.

Article 244th the methods of violence, threat or restriction of personal freedom of the forced labor of others, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.
Knowingly commits the act, for the recruiting, transporting personnel or other assistance force others to work behavior, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

245th illegal body search of another person, or illegally residential, residential, is less than three years imprisonment or criminal detention.
The judicial personnel breach of privilege, the crime mentioned in the preceding paragraph, shall be given a heavier punishment.

Article 246th by violence or other methods, openly insulting others or fabricating facts to slander others, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or deprivation of political rights.
The crime mentioned in the preceding paragraph, tell just processing, but the serious harm to the social order and national interests except.

Article 247th the judicial personnel to the crime suspect, defendant by torture to extract confessions or the use of force to extract testimony, is less than three years imprisonment or criminal detention. Cause disability, death, convicted in accordance with the provisions of law 234Th, article 232nd shall be given a heavier punishment.

Article 248th prisons, detention, detention and other regulatory agency personnel on the regulated person beaten or corporal punishment, abuse, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to ten years in prison. Cause disability, death, convicted in accordance with the provisions of law 234Th, article 232nd shall be given a heavier punishment.
Regulators ordered regulated beaten or corporal punishment abuse another person held in custody, shall be punished in accordance with the provisions of the preceding paragraph.

Article 249th to incite ethnic hatred, ethnic discrimination, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are especially serious, department for more than three years to ten years in prison.

Article 250th in the publications published discrimination, insult minority nationalities, if the case is serious, resulting in serious consequences, the directly responsible personnel, is less than three years imprisonment, criminal detention or control.

251st any functionary of a state organ who unlawfully deprive citizens of their freedom of religious belief and infringe upon the customs and habits of an ethnic group, if the circumstances are serious, is less than two years imprisonment or criminal detention.

252nd conceal, destroy or illegally open other people's letters, infringement of citizens' right to freedom of correspondence, if the circumstances are serious, a years in prison or detention.

Article 253rd postal personnel to open or conceal, destroy mail, telegraph, is less than two years imprisonment or criminal detention.
The crime of stealing property, in accordance with the provisions of article 264th convicted and given a heavier punishment.

State organs or financial, telecommunications, transportation, education,Medical careThe unit staff, in violation of state regulations, the unit to provide personal information service in the process of performing their duties or sold, or illegally provides to others, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined.
To steal or otherwise unlawful access to the information, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the, the provisions of paragraph.

254th any functionary of a state organ personnel breach of privilege, jobbery, the accuser, the complainant, criticism, retaliate against whistle blowers, is less than two years imprisonment or criminal detention; if the circumstances are serious, two to seven years in prison.

The 255th company, enterprise, institution, organization, group leaders, to perform their duties according to law, resist the violation of accounting law, accounting, statistics for the behavioral statistics personnel take revenge, if the case is serious, is less than three years imprisonment or criminal detention.

Article 256th in the election of deputies to people's congresses and the leading members of state organs, by violence, threat, deception, bribery, forgery of electoral documents, falsifying electoral votes, and other means to disrupt the election or vote to impede the voters or deputies freely and the right to be elected, if the circumstances are serious, is less than three years imprisonment, criminal detention or deprivation of political rights.

The 257th uses violence to interfere with another person's freedom of marriage, is less than two years imprisonment or criminal detention.
The crime mentioned in the preceding paragraph, causes death to the victim, two to seven years in prison.
The first sin, tell just processing.

Article 258th spouses and bigamy, or knowingly marries a person who has a spouse, is less than two years imprisonment or criminal detention.

The 259th known to be active duty military spouses and cohabiting or married, is less than three years imprisonment or criminal detention.
Use of authority, affiliation, to stress the means to seduce the wife of an active serviceman, in accordance with the provisions of article 236th convicted and punished.

Article 260th maltreatment of family members, if the case is serious, a fixed-term imprisonment less than two years, criminal detention or control.
The crime mentioned in the preceding paragraph, cause the victim serious injury, death, more than two years to seven years in prison.
The first sin, tell just processing.

Article 261st for the old, young, sick or any other person who cannot live independently, have the obligation to support, if the case is serious, a fixed-term imprisonment less than five years, criminal detention or control.

Article 262nd the abduction of minors under fourteen years of age, from his family or guardian, is less than five years imprisonment or criminal detention.

By violence, coercion or organization for the disabled minors under the age of fourteen to beg, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined.

Organizes minors to commit theft, fraud, plunder, blackmail and impose exactions on violation of security management activities, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined.
 

The fifth chapter crimes of property violation

263rd by violence, coercion or other methods robs public or private property, more than three years to ten years in prison, and shall also be fined; in any of the following circumstances, place above ten years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property:
(a) the robbery of housebreaking;
(two) the robbery on public transportation;
(three) the robbery of a bank or other financial institutions;
(four) repeatedly robbed or large amount of;
(five) who died of wounds, caused by robbery;
(six) posing as police officers;
(seven) armed robbery;
(eight) robbing military materials or disaster, disaster relief, relief materials.

Article 264th of theft of public or private property, the larger amount, or multiple theft, burglary, larceny, theft of carrying weapon, is less than three years imprisonment, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three years less than ten years imprisonment, fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property.

Article 265th for the purpose of making profits, stealing others' communication lines, copying other people's telecommunications code or number or that are stolen, copied telecom equipment, facilities and use, in accordance with the provisions of article 264th convicted and punished.

Article 266th the fraud of public or private property, large amount of, a fixed-term imprisonment less than three years, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three to ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property. The provisions of this act, in accordance with the provisions.

Article 267th whoever seizes public and private property, large amount of, a fixed-term imprisonment less than three years, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three to ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property.
Carrying weapons snatch, in accordance with the provisions of article 263rd convicted and punished.

Article 268th mob looting of public and private property, the amount is large or if the circumstances are serious, the ringleaders and actively participate in, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the amount involved is huge or other especially serious circumstances, three years less than ten years imprisonment, fined.

Article 269th Whoever commits the crimes of theft, fraud, robbery, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article 263rd convicted and punished.

Article 270th the custody of property of others illegally for himself, the larger amount, refusing to return, is less than two years imprisonment, criminal detention or a fine; if the amount involved is huge or other serious circumstances, two years less than five years imprisonment, fined.
Others are forgotten or buried property illegally for himself, the larger amount, if he refuses to do so, shall be punished in accordance with the provisions of the preceding paragraph.
The crime handled only, tell.

The 271st company, enterprise or any other unit who, by taking advantage of his office, the unit's property for himself, the larger amount, is less than five years imprisonment or criminal detention; the enormous amount of, at more than five years in prison, and may concurrently be sentenced to confiscation of property.
State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise or any other state owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business with the conduct, in accordance with the provisions of article 382nd, article 383rd convicted and punished.

The 272nd company, enterprise or other unit staff, taking advantage of his position, misappropriation of the funds for personal use or lending to others, larger, more than three months without further, or are not more than three months, but the amount is larger, the profit-making activities, or illegal activity, is less than three years imprisonment or criminal detention; misappropriation of the huge amount of money units, or larger amount of non refundable, three to ten years in prison.
State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise or any other state owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business with the conduct, in accordance with the provisions of article 384th convicted and punished.

Article 273rd appropriated for disaster relief, rescue, flood prevention, care, and social relief, if the circumstances are serious, resulting in serious damage to the country and the interests of the masses, the directly responsible persons, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.

Article 274th blackmail and impose exactions on public and private property, a relatively large amount of time or blackmail and impose exactions on, is less than three years imprisonment, criminal detention or control, or be fined; if the amount involved is huge or other serious circumstances, three to ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years in prison, fined.

275th Whoever intentionally destroys public or private property, the amount is large or if the circumstances are serious, is less than three years imprisonment, criminal detention or a fine; if the amount involved is huge or other especially serious circumstances, three to seven years in prison.

Article 276th the anger revenge or other personal aims, machinery and equipment, farm animals to destroy or damage by other means of production and operation, a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, three to seven years in prison.
The method of transfer of property, escape to avoid paying the remuneration of workers or the ability to pay and no pay labor remuneration, labor amount is larger, the relevant departments of the government shall pay still do not pay, is less than three years imprisonment or criminal detention, or only be fined; if the consequences are serious, department for more than three years less than seven years imprisonment, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
There are two kinds of actions, no serious consequences, pay the remuneration of workers in the public prosecution, and bear corresponding liability for compensation according to law, can be reduced or exempted from punishment.
 

The sixth chapter of obstructing the administration of public order crime

The first section of the crime of disrupting public order

277th by violence, threat obstructs a state functionaries from performing their duties according to law, is less than three years imprisonment, criminal detention, control or fines.
Using violence, threats to obstruct National People's Congress and the local people's congresses representative performing duties according to law, shall be punished in accordance with the provisions of the preceding paragraph.
In natural disasters and emergencies, by violence, threat obstructs a Red Cross personnel perform their duties according to law, shall be punished in accordance with the provisions of the first paragraph.
Intentionally obstructs a state security organ, the public security organ from carrying out tasks for state security according to law, without resort to violence or threat, the consequences are serious, shall be punished in accordance with the provisions of the first paragraph.

Article 278th to resist the enforcement of state laws, administrative regulations, a fixed-term imprisonment less than three years, criminal detention, control or deprivation of political rights; if the consequences are serious, department for more than three years to seven years in prison.

Article 279th as state organ personnel to try every trick to mislead the public, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to ten years in prison.
Posing as police try every trick to mislead the public, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment.

Article 280th forged or altered, theft, robbery, sale or destroy documents, certificates, seals of state organs, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to ten years in prison.
Fake companies, enterprises, institutions, people's organizations and the seal, is less than three years imprisonment, criminal detention, control or deprivation of political rights.
Forged, altered identity cards, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to seven years in prison.

281st illegal production, sale the police uniforms, number plates of vehicles and other special signs, implements, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 282nd by stealing, spying or buying, illegally obtaining state secrets, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to seven years in prison.
Illegal possession belonging to state secret, confidential documents, materials or other articles, refused to explain the origin and purpose, is less than three years imprisonment, criminal detention or control.

283rd illegal production, sales of eavesdropping, photographing or other special espionage equipment, is less than three years imprisonment, criminal detention or control.

Article 284th the illegal use of hacking, burglary according to special equipment, resulting in serious consequences, is less than two years imprisonment, criminal detention or control.

Article 285th violation of the provisions of the state, invades the computer information system in national affairs, national defense construction, sophisticated science and technology, is less than three years imprisonment or criminal detention.
In violation of state regulations, computer information system into the provisions of the preceding paragraph or using other techniques, access to storage, processing or transmission of the computer information system data, or the implementation of illegal control of the computer information system, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.
Provide specialized for invasion, illegal control of computer information systems program, tools, or knowingly committing crimes invasion, illegal control of computer information systems and provider, as its tool, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Article 286th violation of the provisions of the state, the functions of the computer information system, modify, delete, increase of interference, resulting in the computer information system can not operate normally, if the consequences are serious, is less than five years imprisonment or criminal detention; if the consequences are especially serious, department for more than five years in prison.
Violation of the provisions of the state, the computer information system in storage, processing or transmission of data and applications to delete, modify, add operation, if the consequences are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Intentionally making, dissemination of computer viruses and other destructive procedures, affecting the normal operation of the computer system, if the consequences are serious, shall be punished in accordance with the provisions of the first paragraph.

287th using the computer implementation of financial fraud, theft, corruption, embezzlement, theft of state secrets or other crimes, be convicted and punished in accordance with the relevant provisions of this law.

Article 288th in violation of state regulations, arbitrarily set, using radio stations (stations), or unauthorized use of the frequency, shall be ordered to stop the use after refusing to stop using, disrupting the normal operation of radio communications, resulting in serious consequences, is less than three years imprisonment, criminal detention or control, or be fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 289th the "looting", cause disability, death, in accordance with the provisions of law 234Th, article 232nd convicted and punished. To destroy or take public and private property, in addition to any compensation, the ringleaders, in accordance with the provisions of article 263rd convicted and punished.

Article 290th to disturb the social order, if the circumstances are serious, resulting in work, production, business, scientific research and teaching can not be carried out, causing serious losses, the ringleaders, department for more than three years of less than seven years imprisonment; the active participants, is less than three years imprisonment, criminal detention, control or deprivation of political rights.
The impact of state organs, making it impossible for the work of state organs, causing serious losses, the ringleaders, department for more than five years of less than ten years imprisonment; the active participants, is less than five years imprisonment, criminal detention, control or deprivation of political rights.

Article 291st to disturb the station, wharf, civil aviation stations, shopping malls, parks, theaters, exhibition, sports field or other public places in order, the traffic jam or break the traffic rules, resist, obstructs a state security management personnel in carrying out their duties according to law, if the circumstances are serious, the ringleaders, less than five years period in prison, detention or control.

Article 292nd of affray, the ringleaders and other active participants, is less than three years imprisonment, criminal detention or control; in any of the following circumstances, the ringleaders and other active participants, three to ten years in prison:
(a) many times affray;
(two) the number of affray, large scale, bad social impact;
(three) in a public place or traffic affray, causing serious public disorder;
(four) an affray.
The crime of affray, causing serious injury, death, in accordance with the provisions of law 234Th, article 232nd convicted and punished.

Article 293rd the following acts of creating disturbances, the destruction of social order, is less than five years imprisonment, criminal detention or control:
(a) they beat the others, if the case is serious;
(two), chase intercept, insulting, threatening to others, if the case is serious;
(three) take strong force or any damage to, occupation of public or private property, if the circumstances are serious;
(four) in a public place, creating a disturbance, causing serious disorder in public places.
Many people repeatedly commits the act, serious damage to the social order, the Department for more than five years to ten years in prison, can be fined.

294th organizations, leading a Mafia organization, department for more than seven years in prison, also be sentenced to confiscation of property; the active participants, three to seven years in prison, may concurrently be sentenced to a fine or confiscation of property; in the other, is less than three years imprisonment, criminal detention, control or deprivation of political right, can be fined.
Mafia abroad to the development staff members within the territory of the people's Republic of China, three to ten years in prison.
Workers of state organs who harbored the underworld property organization, or connive illegal and criminal activities of the organization, is less than five years imprisonment; if the circumstances are serious, department for more than five years in prison.
Three paragraphs are committed and other crimes shall be punished in accordance with the provisions, the combined punishment for several crimes.
The underworld property organization should also have the following characteristics:
(a) the criminal organization is relatively stable, the number, there are clear organizer, leader, basically fixed backbone members;
(two) organized to obtain economic benefits through illegal and criminal activities or other means, has a certain economic strength, to support the activities of the organization;
(three) by violence, threat or other means, organized many illegal and criminal activities, do evil, oppression, harming the masses;
(four) through the implementation of the illegal and criminal activities, or the use of harboring or connivance by the State functionaries, dominate the party, in a certain area or industry, forming an illegal control or significant influence, serious damage to the economy, social order.

295th teaching methods of committing a crime, is less than five years imprisonment, criminal detention or control; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment.

296th held a rally, parade, demonstration, not application in accordance with the law or without permission, or not permitted by the competent authority in accordance with the stop time, place, route, and refuses to obey an order to dismiss, serious damage to social order, person responsible for the assembly, parade, demonstration and the directly responsible personnel, five years in prison, detention, control or deprivation of political rights.

Article 297th violation of laws and regulations, carry weapons, controlled cutting tool or explosive rally, parade, demonstration, is less than three years imprisonment, criminal detention, control or deprivation of political rights.

298th, the impact of disturb or damage by other means shall be held assembly, parade, demonstration, causing public disorder, is less than five years imprisonment, criminal detention, control or deprivation of political rights.

Article 299th in public by intentionally burning, mutilating, scrawling, defiled, trampling insult people's Republic of China national flag, national emblem, is less than three years imprisonment, criminal detention, control or deprivation of political rights.

And the 300th group superstitious sects, cults or uses superstition to undermine the implementation of national laws, administrative regulations, department for more than three years of imprisonment less than seven years; if the circumstances are especially serious, department for more than seven years in prison.
Organize and utilize the superstitious sects, cults or uses superstition to cheat others, causing death, shall be punished in accordance with the provisions of the preceding paragraph.
Organize and utilize the superstitious sects, cults or uses superstition to rape women, fraud, respectively, in accordance with the provisions of article 236th, article 266th convicted and punished.

Article 301st all are promiscuous activities, the ringleaders or participated in, is less than five years imprisonment, criminal detention or control.
Allure minors to participate in licentious activities, in accordance with the provisions of the preceding paragraph shall be given a heavier punishment.

Article 302nd theft, insults corpses, is less than three years imprisonment, criminal detention or control.

Article 303rd for the purpose of profit, gambling or the gambling industry, is less than three years imprisonment, criminal detention or control, and shall also be fined.
"Casinos, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.

304th postal workers seriously irresponsible, intentionally delays the delivery of mail, cause public property, the interests of the state and the people suffered a major loss, is less than two years imprisonment or criminal detention.

 

In section second, crime of obstruction of Justice

305th in the criminal proceedings, witnesses, appraisers, record, translation has an important relationship with the case of the plot, intentionally makes a false proof, identification, recording, translation, meant to harm others or conceal evidence, is less than three years imprisonment or criminal detention; if the circumstances are serious, department for more than three years seven years in prison.

306th in the criminal procedure, the defenders and agents ad litem, destroy or forge evidence, to help the parties destroy or forge evidence, threat, seducing witness to change or make false testimony, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.
The defenders and agents ad litem, provide, produce, citing witnesses testimony or other evidence inconsistent with the facts, not forged intentionally, not belong to forge evidence.

307th by violence, threat, suborn witnesses and other methods to prevent or inciting others to commit perjury, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.
To help the parties destroy or forge evidence, if the circumstances are serious, is less than three years imprisonment or criminal detention.
The judicial personnel commits the crime in the preceding two paragraphs, shall be given a heavier punishment.

Article 308th take revenge on the witness, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.

Article 309th the impact of noise, court, or beating the judicial staff, seriously disrupting the order of the court, is less than three years imprisonment, criminal detention, control or fines.

310th knowing it is a crime and provides a hiding place, for the property, to help them escape or false proof shield, a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, three to ten years in prison.
The crime mentioned in the preceding paragraph, conspirators, to be punished as a joint crime.

311st knowing that another person has committed the crime of espionage, in the national security organ investigates the situation, collect relevant evidence, refused to provide, if the circumstances are serious, is less than three years imprisonment, criminal detention or control.

312nd knowing is the proceeds of crime and its benefit and to be harboring, transfer, acquisition, sale or for other ways to cover up, conceal, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 313rd to the people's court verdict, ruling ability to perform and refused to perform, if the circumstances are serious, is less than three years imprisonment, criminal detention or a fine.

314th hidden, transfer, sale, deliberately destroyed by judicial organs, seizure, freezing the property sealed up, if the circumstances are serious, is less than three years imprisonment, criminal detention or a fine.

Article 315th of criminal detention in accordance with the law, have one of the following acts of disrupting the order of supervision, if the circumstances are serious, is less than three years imprisonment:
(a) beat supervising personnel;
(two) organizing another person held in custody to sabotage supervision order;
(three) riot, disturb the normal order of supervision;
(four) assault, corporal punishment, corporal punishment or instigating others to beat another person held in custody.

316th being held in custody according to law criminals, defendants, suspects escape, is less than five years imprisonment or criminal detention.
Plunder the escort on the way of criminals, defendants, suspects, department for more than three years of imprisonment less than seven years; if the circumstances are serious, department for more than seven years in prison.

The primary molecular 317th organize a jailbreak and the active participants, at more than five years; other participants, is less than five years imprisonment or criminal detention.
A riot to escape with tools or whoever takes an active part in, department for more than ten years of fixed-term imprisonment or life imprisonment; if the circumstances are especially serious, the death penalty; other participants, three to ten years in prison.

 

The third section obstruction of the country (border) environmental management crime

318th organize people to secretly cross the national boundary (border) environment, two to seven years in prison, and shall also be fined; in any of the following circumstances, department for more than seven years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:
(a) organize people to secretly cross the national boundary (border) ringleader who;
(two) has organized people to secretly cross the national boundary (border) exit or organize people to secretly cross the national boundary (border) exit numerous;
(three) caused by the organization seriously injured, the death;
(four) deprivation or restriction of personal freedom of the people being organized;
(five) by violence, threats to resist inspection;
(six) a huge amount of illicit income;
(seven) there are other especially serious circumstances.
The crime mentioned in the preceding paragraph, killing, rape, trafficking and other damage, criminal acts to the organization, or has committed the crime of killing, injuring the inspectors shall be punished in accordance with the provisions, the combined punishment for several crimes.

Article 319th labor export, foreign trade or other name, resort to deceit, obtain the passport, visa and other documents, to secretly cross the national boundary to others (edge) habitat use, is less than three years imprisonment, fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 320th provides forged, altered passport, visa for other travel documents, or sells passports, visa and immigration documents, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years in prison, fined.

Article 321st transport people to secretly cross the national boundary (border) environment, is less than five years imprisonment, criminal detention or control, and shall also be fined; in one of the following cases, five to ten years in prison, fined:
(a) repeatedly implement the transport behavior or transporting a large number of people;
(two) the vessels, vehicles that do not meet the necessary safety conditions, sufficient to cause serious consequences;
(three) a huge amount of illicit income;
(four) there are other especially serious circumstances.
In transporting people to secretly cross the national boundary (border) caused by the carrier to serious injuries or death, environment, or by means of violence or threat, resist inspection, office for more than seven years in prison, fined.
Two paragraphs are committed, the persons being transported, injury, rape, murder and other crimes, or has committed the crime of killing, injuring the inspectors shall be punished in accordance with the provisions, the combined punishment for several crimes.

Article 322nd violation (edge) in environmental management laws and regulations, to secretly cross the national boundary (border) exit, if the circumstances are serious, shall be sentenced to one years, criminal detention or control, and shall also be fined.

Article 323rd the national border, deliberate destruction of boundary markers or permanent surveying markers, is less than three years imprisonment or criminal detention.

 

Section fourth crimes against control of cultural relics

Whoever intentionally damages or destroys precious cultural relics in 324th state protection or have been identified as the national key cultural relics protection units, the provincial cultural relics protection units of cultural relics, is less than three years imprisonment or criminal detention, or be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.
Whoever intentionally destroys state protected places of historic interest and scenic beauty, if the circumstances are serious, is less than five years imprisonment or criminal detention, or be fined.
Precious relics negligently destroying state protection or have been identified as the national key cultural relics protection units, the provincial cultural relics protection units of cultural relics, resulting in serious consequences, is less than three years imprisonment or criminal detention.

Article 325th violation of cultural relics protection laws and regulations, the collection of the State prohibits the export of precious relics secretly selling or private giving to foreigners, is less than five years imprisonment or criminal detention, can impose a fine.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 326th for the purpose of making profits, selling state prohibition of cultural relics, if the circumstances are serious, is less than five years imprisonment or criminal detention, and shall also be fined; if the circumstances are especially serious, department for more than five years of less than ten years imprisonment, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 327th violation of cultural relics protection regulations, state-owned Museum, library and other units will cultural relics under state protection or to sell the collection to the non state owned institution or individual, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention.

328th robberies have history, art, science and the value of the ancient cultural sites, ancient tombs, the Department for more than three years to ten years in prison, and shall also be fined; if the circumstances are relatively minor, is less than three years imprisonment, criminal detention or control, and shall also be fined; any of the following circumstances, department for more than ten years term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:
(a) they identified as a national key cultural relics protection units and the provincial cultural relics protection units of the tomb of ancient cultural sites, buried;
(two) the first molecular robbing ancient cultural ruins, ancient tomb group;
(three) repeatedly excavating and robbing ancient cultural sites, ancient burial;
(four) excavation of ancient sites of ancient culture, funeral, and stealing precious cultural relics or causing serious damage to valuable cultural relics.
Whoever robs has scientific value of ancient human fossils and ancient vertebrate fossils, shall be punished in accordance with the provisions of the preceding paragraph.

Article 329th rob, steals archives owned by the state, is less than five years imprisonment or criminal detention.
The provisions of the archives law, unauthorized sale, transfer of state owned archives, if the circumstances are serious, is less than three years imprisonment or criminal detention.
Have the acts mentioned in the preceding two paragraphs, which also constitutes another crime provided in this law, in accordance with the provisions of punishment heavier punishment.

 

In section fifth, crime of endangering public health

Article 330th in violation of the provisions of the law of infectious disease control, one of the following circumstances, causing the spread of infectious diseases or a serious danger of spreading, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison:
(a) supply of drinking water does not conform to the hygienic standards;
(two) refusing to give the health and epidemic prevention institutions hygiene requirements, sewage, dirt, feces on infectious disease pathogens pollution disinfection treatment;
(three) permit or indulging in patients with infectious diseases, pathogen carriers and suspected patients of infectious diseases in the health administrative department under the State Council banned in the likelihood of causing the spread of infectious diseases;
(four) to control measures to prevent, proposed the implementation of health and epidemic prevention institutions in accordance with the law of infectious disease control.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
The scope of a Class infectious diseases shall be determined in accordance with the relevant provisions, "the people's Republic of China Disease Prevention Act" and the state council.

Staff of 331st in experiment, storage, carry, transport infectious bacteria, viruses, in violation of the relevant provisions of the administrative department of health under the State Council, infectious diseases are caused by bacteria, virus spread, the consequences are serious, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

Article 332nd in violation of the provisions of the frontier health and quarantine, causes the spread of a quarantinable infectious disease or a serious danger of spreading, is less than three years imprisonment or criminal detention, or be fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

333rd illegal organizing others to sell blood, is less than five years imprisonment, fined; means of violence or threat, forcing others to sell blood, five years less than ten years imprisonment, fined.
With the conduct, causing injury to another person, in accordance with the provisions of article 234Th convicted and punished.

334th illegal acquisition, supply, supply of blood or blood products, do not meet the standards prescribed by the state, and enough to endanger human health, is less than five years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health, department for more than five years to ten years in prison, and shall also be fined; the consequences particularly serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property.
Approved by the State Department in charge of collecting, blood supply or production, supply of blood products department, not detected or violates other operating regulations in accordance with the provisions, thus harming another person's health, it shall be fined, and the persons in charge of the directly responsible and other directly responsible personnel, and five years in prison or criminal detention.

335th medical personnel because of serious irresponsibility, treatment caused death or serious harm to the health of the person seeking, is less than three years imprisonment or criminal detention.

Article 336th does not have the doctor qualification of illegal medical practice, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; serious damage to health of patients, three to ten years in prison, and shall also be fined; causes the death of patients, ten years in prison, fined.
Without the doctor qualification of recanalization operation, fake birth control operation, termination of pregnancy operation or removal of IUD or for others to control, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; serious damage to the health of the human body on the diagnosis, department for more than three years less than ten years imprisonment, fined; causes the death of patients, more than ten years in prison, fined.

The 337th article in violation of state regulations on animal and plant epidemic prevention, quarantine, causes a serious animal or plant epidemic, or causes a serious animal or plant epidemic risk, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

 

The sixth section environmental crime

Article 338th in violation of state regulations, discharge, dumping or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other harmful substances, severe pollution of the environment, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years to seven years in prison, fined.

Article 339th in violation of state regulations, the solid waste from abroad dumped, piled up, disposal, is less than five years imprisonment or criminal detention, and shall also be fined; to cause significant environmental pollution accident, resulting in serious losses to public or private property or serious harm to human health, department for more than five years of less than ten years imprisonment, fined; especially serious consequences, at more than ten years in prison, fined.
Without permission of the competent department concerned of the State Council, unauthorized import of solid wastes as raw materials, causing major environmental pollution accident, resulting in serious losses to public or private property or serious harm to human health, is less than five years imprisonment or criminal detention, and shall also be fined; consequences are especially serious, department for more than five years to ten years in prison, and shall also be fined.
Under the pretext of raw materials utilization, the import of solid waste can not be used as raw material, in accordance with the provisions of article 155th convicted and punished.

Article 340th violation of laws and regulations to protect aquatic products, fishing, aquatic products in forbidden areas, forbidden periods or use tools, methods, and if the circumstances are serious, is less than three years imprisonment, criminal detention, control or fines.

341st illegal hunting, killing the national key protected rare, endangered wild animal, or illegally purchase, transport, sale of national key protected rare, endangered wild animal and its products, is less than five years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, five to ten years in prison, and shall also be fined; if the circumstances are especially serious, department for more than ten years in prison, and concurrently be sentenced to a fine or confiscation of property.
Violation of regulations for hunting, hunting in the sanctuary, or uses prohibited hunting tools, methods, destruction of wild animal resources, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or fines.

Article 342nd violation of land management laws and regulations, illegal occupation of farmland for other uses, the amount is larger, resulting in a large number of land is damaged, is less than five years imprisonment or criminal detention, or be fined.

The provisions of article 343rd in violation of the law of mineral resources, without a mining license, unauthorized entry into national planning mining, mining and other mining area mining has important value to the national economy, or unauthorized exploitation of the State applies the specified minerals of which protective mining, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.
Mineral resources law, adopt destructive mining methods and mining of mineral resources, causing serious damages to mineral resources, is less than five years imprisonment or criminal detention, and shall also be fined.

The provisions of article 344th violation of the forestry law, illegal logging, destruction of precious trees, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined.

Article 345th of felling of forest or other trees, large quantity, is less than three years imprisonment, criminal detention or control, or be fined; the number of big, three to seven years in prison, and shall also be fined; the number of particularly large, more than seven years in prison, fined.
Violate the provisions of the forestry law, felling of forest or other trees, large quantity, is less than three years imprisonment, criminal detention or control, or be fined; a great number of, three years less than seven years imprisonment, fined.
For the purpose of making profits, in the forest felling, the illegal acquisition of knowledge is felled, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.
Logging, deforestation in National Nature Reserve of forest or other trees, he shall be given a heavier punishment.

346th where a unit commits this section 338th to article 345th provisions of the crimes, it shall be fined, and the person in charge directly responsible and other personnel directly responsible shall be punished in accordance with this section, the provisions of the articles.

 

The seventh section smuggling, trafficking, transporting, making drugs

Article 347th smuggling, trafficking, transporting, manufactures narcotic drugs, regardless of the quantity, shall be investigated for criminal responsibility, criminal penalties.
Smuggling, trafficking, transporting, drug manufacturing, one of the following circumstances, was sentenced to life imprisonment or the death penalty, fifteen years, also be sentenced to confiscation of property:
(a) the number of smuggling, trafficking, transporting, manufacture opium, heroin or methamphetamine kg more than fifty grams or other narcotic drugs of large;
(two) the smuggling, trafficking, transporting the ringleader, drug manufacturing group;
(three) any armed smuggling, trafficking, transporting, manufacturing of narcotic drugs;
(four) use violence to resist inspection, detention, arrest, if the circumstances are serious;
(five) to participate in organized international drug trafficking.
Smuggling, trafficking, transporting, above two grams less than one kilogram of manufacture opium, heroin or methamphetamine 10 grams less than fifty grams or other narcotic drugs amount is larger, more than seven years in prison, fined.
Smuggling, trafficking, transporting, manufacture opium, heroin or methamphetamine is less than two grams less than 10 grams or other small amounts of drugs, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined.
Where a unit commits the second paragraph, paragraph third, the crime in the preceding fourth paragraphs, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the, the provisions of paragraph.
Use of smuggling, trafficking, instigate minors, transportation, manufacturing drugs, or sell drugs to minors shall be given a heavier punishment.
For smuggling, trafficking, transporting, drug manufacturing, untreated, the quantity of narcotic.

Article 348th illegal possession of opium, heroin or methamphetamine kg number more than fifty grams or other narcotic drugs of large, department for more than seven years of fixed-term imprisonment or life imprisonment, and shall also be fined; illegal possession of more than two grams of opium, heroin, or less than one kilogram of less than fifty grams of methamphetamine grams or other narcotic drugs quantity big, office less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined.

Article 349th smuggling, trafficking, transporting, shield manufacturing drug crimes, criminals harboring, transfer, conceal drugs or the proceeds of crime of property, a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, three to ten years in prison.
Staff smuggling personnel or other state organs, cover shields offenders engaged in smuggling, trafficking, transporting, manufacturing of narcotic drugs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Two paragraphs are committed, conspirators, smuggling, trafficking in, transport, manufacturing of narcotic drugs shall be punished as an accomplice in the crime.

Article 350th in violation of state regulations, illegal transportation, with acetic anhydride, ether, chloroform and other raw materials used to manufacture the drug or preparation of entry and exit, or in violation of state regulations, in the territory of the illegal trade in these goods, is less than three years imprisonment, criminal detention or control, and shall also be fined; the number of big, three to ten years in prison, fined.
Knowingly making drugs and provide the substances mentioned in the preceding paragraph, shall be punished as an accomplice in the crime of manufacturing drugs.
Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the preceding two paragraphs.

351st drugs poppy, marijuana and other raw plant, shall be forced to uproot them. Any of the following circumstances, a fixed-term imprisonment less than five years, criminal detention or control, and shall also be fined:
(a) cultivation of opium poppy five hundred less than the larger number three thousand line or other drug plants;
(two) of the public security organ treatment after planting;
(three) resist eradication.
Illicit cultivation of opium poppy three thousand above or other drug plants in large quantities, at more than five years in prison, and concurrently be sentenced to a fine or confiscation of property.
Plants or other drug plants, voluntarily uproot them before harvest, may be exempted from punishment.

Article 352nd the illegal trade, transport, carry, which have not been inactivated poppy drug plants the seeds or seedlings, large quantity, is less than three years imprisonment, criminal detention or control, or be fined.

Article 353rd lure, instigate, deceiving others into taking or injecting drugs, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined.
Forcing others into taking or injecting drugs, three years less than ten years imprisonment, fined.
Lure, instigate, cheat or forcing minors into taking or injecting drugs, shall be given a heavier punishment.

Article 354th the host of others into taking or injecting drugs, is less than three years imprisonment, criminal detention or control, and shall also be fined.

355th personnel engaged in the production, transportation, management, use of state control of narcotic drugs, psychotropic drugs according to law, in violation of state regulations, smoking, drug injection to provide control of the addictive narcotic drugs, psychotropic drugs prescribed by the state, is less than three years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than three years of less than seven years imprisonment, fined. The criminals smuggling, drug trafficking or to profit for the purpose, to smoking, injecting drugs to provide control of the addictive narcotic drugs, psychotropic drugs prescribed by the state, in accordance with the provisions of article 347th convicted and punished.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 356th for smuggling, trafficking, transporting and manufacturing, the crime of illegal possession of drugs was sentenced to punishment, and commit the crime stipulated in this section, shall be given a heavier punishment.

357th as mentioned in this Law refers to the drug, opium, heroin, methamphetamine (meth), morphine, cocaine and marijuana, under the state's control other addictive narcotic drugs and psychotropic drugs.
The number of the quantity of drugs smuggled, trafficked to the verified, transportation, manufacturing, illegal possession of drugs, and not in terms of purity.

 

The eighth section organizations, forced, lure, shelter, crime of introducing prostitution

Article 358th the organization prostitution or forcing others into prostitution, five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property:
(a) organize the prostitution of others, if the circumstances are serious;
(two) and less than fourteen years of forced prostitution of young girls;
(three) forced people to engage in prostitution or repeatedly forcing others into prostitution;
(four) after the rape forced prostitution;
(five) caused by those who are forced into prostitution. Serious injury, death or other serious consequences.
One of the circumstances listed in the preceding paragraph, if the circumstances are especially serious, he shall be sentenced to life imprisonment or death, also be sentenced to confiscation of property.
As the organization prostitution were recruited, transported personnel or other help organize the prostitution of others behavior, is less than five years imprisonment, fined; if the circumstances are serious, department for more than five years of less than ten years imprisonment, fined.

Article 359th lure, shelter, introducing others into prostitution, is less than five years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than five years in prison, fined.
Lure the prostitution of girl under the age of fourteen, more than five years in prison, fined.

360th knowing that they are suffering from syphilis, gonorrhea and other serious sexually transmitted diseases, prostitution, prostitution, is less than five years imprisonment, criminal detention or control, and shall also be fined.
Given a young girl under the age of fourteen, more than five years in prison, fined.

Article 361st the hotel industry, catering industry, culture and entertainment industry, the taxi industry and other units of the personnel, the unit, organization, force, induce, shelter, introducing others into prostitution, in accordance with the provisions of law 358th, article 359th convicted and punished.
Mentioned in the preceding paragraph, the principal of the entity, the crime mentioned in the preceding paragraph, shall be given a heavier punishment.

Article 362nd the hotel industry, catering industry, culture and entertainment industry, taxi companies and other units of the staff, in the public security organs and prostitution, whoring activities, to send news secretly criminals, if the circumstances are serious, in accordance with the provisions of article 310th convicted and punished.

 

The ninth section production, trafficking, the crime of spreading obscene objects

Article 363rd for the purpose of making profits, production, copying, publishing, selling, dissemination of pornographic materials, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, three to ten years in prison, and shall also be fined; if especially serious, Department for more than ten years term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property.
Is classed as an obscene publication of others,, is less than three years imprisonment, criminal detention or control, or be fined; knowingly provided for obscene publication ISBN, shall be punished in accordance with the provisions of the preceding paragraph.

364th dissemination of pornographic books, videos, audio, images or other pornographic articles, if the circumstances are serious, is less than two years imprisonment, criminal detention or control.
Film, video and other organizations play pornographic audio-video products, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.
Making, duplicating obscene film, video, audio and video products organization played, in accordance with the provisions of the second paragraph shall be given a heavier punishment.
Whoever disseminates pornographic materials to a minor under the age of eighteen, he shall be given a heavier punishment.

The 365th organizations pornographic performances, is less than three years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, department for more than three years of less than ten years imprisonment, fined.

366th where a unit commits the day 363rd, 364th, 365th provisions of the crime, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the articles.

367th for purposes of this law, pornography, refers to specific depicting sex or explicit publicize pornographic obscene sex books, films, video tapes, audio tapes, pictures and other pornographic articles.
Scientific works on human physiology, medical knowledge are not obscene articles.
Contain erotic contents have artistic value of literature, works of art are not regarded as obscene articles.

 

The seventh chapter is the crime of endangering the interests of national defense

368th by violence, threat obstructs military personnel from carrying out their duties according to law, is less than three years imprisonment, criminal detention, control or fines.
Deliberately obstruct military actions of the armed forces, resulting in serious consequences, is less than five years imprisonment or criminal detention.

369th destruction of weapons and equipment, military facilities, military communications, is less than three years imprisonment, criminal detention or control; destruction of important weapons and equipment, military facilities, military communications, place above three years imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years, are to be sentenced to life imprisonment or death. The wartime shall be given a heavier punishment.
Destruction of weapons and equipment, military facilities, military communications, is less than three years imprisonment, criminal detention or control; destruction of important weapons and equipment, military facilities, military communications, place above three years imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison, life imprisonment, or the death penalty.
Negligent crime mentioned in the preceding paragraph, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.
The wartime commits the crime in the preceding two paragraphs, shall be given a heavier punishment.

370th knowing that the weapons and equipment, military facilities are not qualified to provide to the armed forces, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of imprisonment, life imprisonment or death.
Negligent crime mentioned in the preceding paragraph, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.
Where a unit commits the crime in the first paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.

Article 371st the impact of the military restricted zones, seriously disrupting the order of the military restricted zones, the ringleaders, department for more than five years of less than ten years imprisonment; the active participants, is less than five years imprisonment, criminal detention, control or deprivation of political rights.
Assembling a crowd to disturb the order of the military administrative zone, if the circumstances are serious, hamper operation in the military administrative zones, causing serious losses, the ringleaders, department for more than three years of less than seven years imprisonment; the active participants, is less than three years imprisonment, criminal detention, control or deprivation of political rights.

Article 372nd posing as soldiers try every trick to mislead the public, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to ten years in prison.

373rd soldiers from the armed forces or knowingly inciting escaped military personnel and employment, if the circumstances are serious, is less than three years imprisonment, criminal detention or control.

374th play favouritism and commit irregularities in the recruitment work, sending unqualified recruits, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

Article 375TH forged or altered, the sale or theft, robbery armed forces official documents, certificates or seals, is less than three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, three to ten years in prison.
The illicit production, sale of armed forces uniforms, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined.
Forgery, theft, sale or illegally provides, the armed forces special symbols such as number plates of vehicles, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.
Where a unit commits the crime in the preceding third paragraphs, second paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the, the provisions of paragraph.

Article 376th reservists refusing, evade conscription or military training, if the circumstances are serious, is less than three years imprisonment or criminal detention.
Civil war, serving to escape, if the circumstances are serious, is less than two years imprisonment or criminal detention.

377th those who intentionally provide false enemy information, resulting in serious consequences, at more than three years imprisonment less than ten years; if the consequences are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment.

Article 378th the war spread rumours to mislead people, disrupt the morale of the troops, is less than three years imprisonment, criminal detention or control; if the circumstances are serious, three to ten years in prison.

Article 379th the wartime knowingly escaped military personnel to provide shelter, property, if the circumstances are serious, is less than three years imprisonment or criminal detention.

Article 380th refusing or intentionally delays the military orders, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible personnel, is less than five years imprisonment or criminal detention; if the consequences are serious, department for more than five years in prison.

Refuse military requisition 381st wartime, if the circumstances are serious, is less than three years imprisonment or criminal detention.

 

The eighth chapter of crimes of embezzlement and bribery

Article 382nd the state personnel who take advantage of their office, embezzle, steal, cheat or by other means of illegal possession of public property, is the crime of corruption.
By state organs, enterprises, institutions, State-Owned Company, and people's organizations entrusted with the management and operation of state-owned property, taking advantage of his position, embezzle, steal, cheat or by other means of illegal possession of state owned property, to corruption theory.
And the person mentioned in the preceding two paragraphs with corruption, collusion, by the accomplice.

Article 383rd for the crime of embezzlement, according to the seriousness of the case, were punished in accordance with the following provisions:
(a) the personal corruption in the amount of one hundred thousand yuan, department for more than ten years of fixed-term imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property; if the circumstances are especially serious, the death penalty, also be sentenced to confiscation of property.
(two) the personal corruption in the amount of fifty thousand yuan less than one hundred thousand yuan, more than five years in prison, and may concurrently be sentenced to confiscation of property; if the circumstances are especially serious, he shall be sentenced to life imprisonment, confiscation of property.
(three) the personal corruption in the amount of five thousand yuan less than fifty thousand yuan, a year more than seven years in prison; if the circumstances are serious, seven to ten years in prison. An individual who embezzles less than ten thousand yuan in five thousand yuan of above, after committing the crime of repentance, positive gains, may be given a mitigated punishment or be exempted from criminal punishment, administrative sanctions shall be given by their unit or the higher authorities.
(four) an individual who embezzles less than five thousand yuan, if the circumstances are relatively serious, is less than two years imprisonment or criminal detention; if the circumstances are relatively minor, he shall be given administrative sanctions their unit or the higher authorities, as appropriate.
The corruption of untreated, according to the cumulative amount of punishment of corruption.

Article 384th the state personnel who take advantage of their office, embezzlement of public funds for personal use, illegal activities, or larger amount of misappropriation of public funds, for-profit activities, or larger amount of misappropriation of public funds, more than three months without further, is the crime of misappropriation of public funds, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years in prison. The huge amount of misappropriation of public funds is not returned, department for more than ten years of fixed-term imprisonment or life imprisonment.
Appropriated for disaster relief, rescue, flood prevention, special care, poverty, immigration, relief funds and materials for personal use, shall be given a heavier punishment.

Article 385th the state personnel who take advantage of their office, ask for other people's property, or illegally accepts another person's money or property, for the benefit of others, is the crime of accepting bribes.
State personnel in economic activities, in violation of state regulations, accept all kinds of commission, fees, to all individuals, shall be punished for taking a bribe.

Article 386th committed the crime of acceptance of bribes bribes, according to the amount and circumstances, shall be punished in accordance with the provisions of this article 383rd. The bribes shall be given a heavier punishment.

Article 387th the state organs, enterprises, institutions, State-Owned Company, people's organizations, claim, receive other property illegally, for the benefit of others, if the circumstances are serious, shall be sentenced to a fine, and the persons who are directly in charge and other directly responsible personnel, is less than five years imprisonment or criminal detention.
Units listed in the preceding paragraph, in economic activities, in their secret kickbacks, charges in various names, as guilty of acceptance of bribes, shall be punished in accordance with the provisions of the preceding paragraph.

Convenience 388th state personnel who take advantage of their power or position of the other countries, the working staff's act, to seek illegitimate interests as trustees of property as trustees, ask for or accept property as trustees, shall be punished for taking a bribe.

State personnel near relatives or other with the national staff close to the people, through the state working staff's behavior, or by the state authority and position of the convenient conditions formed by other countries, working staff's act, to seek illegitimate interests as trustees of property as trustees, claim or receiving a large amount of property as trustees, or other heavy plot, is less than three years imprisonment or criminal detention, and shall also be fined; if the amount involved is huge or other serious circumstances, three years to seven years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, more than seven years in prison, and concurrently be sentenced to a fine or confiscation of property.
National staff turnover or their close relatives and other close relationship with, commits the act by taking advantage of the turnover of the national staff of the original power or position of the conviction and punishment, in accordance with the provisions of the preceding paragraph.

Article 389th for the purpose of securing illegitimate benefits, gives property to a state functionary crime of bribery, is.
In economic activities, in violation of state regulations, gives property to a state functionary, large amount of, or in violation of state regulations, to state functionaries in kickbacks, fee, bribespunishes.
Because of being extorted gives property to a state functionary, gains no illegitimate interests, not bribery.

390th Whoever commits the crime of offering bribes, is less than five years imprisonment or criminal detention; bribes to seek illegitimate interests, if the circumstances are serious, or causes serious losses to state interests, place above five years imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison or no period in prison, can also be sentenced to confiscation of property.
In the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment.

391st to seek illegitimate interests, giving the state organs, enterprises, institutions, State-Owned Company, and people's organizations to property, or in economic activities, in violation of state regulations, commissions, fees given various names, and three years in prison or detention.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Article 392nd to the national staff bribery, if the circumstances are serious, is less than three years imprisonment or criminal detention.
Introducing bribe people before prosecution voluntarily confesses the bribery, can be mitigated punishment or be exempted from punishment.

While a bribe of 393rd units to seek illegitimate interests, or in violation of state regulations, to state functionaries in commissions, fees, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible personnel, is less than five years imprisonment or criminal detention. The illegal gains derived from bribing to all individuals, in accordance with the provisions of law 389th, article 390th convicted and punished.

Accept a gift of 394th national staff official duties at home or in the foreign exchanges, in accordance with the state provisions and not the public, the larger amount, in accordance with the provisions of article 382nd, article 383rd convicted and punished.

State personnel 395th national property, spending significantly more than the legitimate income, if the difference is enormous, may be ordered to explain the sources of the national staff, can not explain the source of the difference, as illegal gains, is less than five years imprisonment or criminal detention; the difference is especially large, five years more than ten years of fixed-term in prison. The difference of the property to be recovered.
State functionaries in the overseas deposit, shall be declared in accordance with state regulations. A large amount, concealed and unreported, is less than two years imprisonment or criminal detention; if the circumstances are relatively minor, he shall be given administrative sanctions their unit or the higher authorities, as appropriate.

Article 396th the state organs, State-Owned Company, enterprises and institutions, people's organizations, in violation of state regulations, state-owned assets privately distributing to groups of individuals in the name of the unit, the larger amount, the directly responsible persons in charge and other directly responsible personnel, is less than three years imprisonment or criminal detention, or be fined the amount; the huge, three years less than seven years imprisonment, fined.
The judicial organs, administrative organs in violation of state regulations, shall be turned over to the state of the confiscated property, to privately distributing to groups of individuals, shall be punished in accordance with the provisions of the preceding paragraph.

 

The ninth chapter of crime of Malfeasance

397th any functionary of a state organ breach of privilege or be forgetful of one's duties, cause public property, the interests of the state and the people suffered a major loss, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison. The provisions of this act, in accordance with the provisions.
Workers of state organs who play favouritism and commit irregularities, the crime mentioned in the preceding paragraph, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison. The provisions of this act, in accordance with the provisions.

398th the provisions of national office working personnel in violation of the law on Guarding State secrets, intentionally or negligently divulges State secrets, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.
Non state staff commits the crime, according to provisions of the preceding paragraph, the punishment.

Article 399th of the judicial staff, abuse the law and practise favouritism, clearly knowing the man who is innocent and that he knows to be guilty of the accused, who does not make him intentionally protecting from prosecution, or in the criminal trial activities deliberately contrary to facts and the law perverting the law, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison.
Deliberately contrary to facts and laws in civil, administrative proceedings and pervert the law, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison.
The judicial personnel take bribes and bend the law, have the acts mentioned in the preceding two paragraphs, which also constitutes the law the 385th regulation in the crime, in accordance with the provisions of punishment heavier punishment.

Assume the duties, deliberately contrary to facts and the law in the arbitration of pervert the law ruling, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to seven years in prison.

400th any judicial functionary who put the suspect, defendant or criminal, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison.
The judicial staff, because of serious irresponsibility, resulting in the suspect, defendant or criminal escape, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to ten years in prison.

Article 401st of the judicial personnel play favouritism and commit irregularities, does not meet the commutation, parole, the temporary execution outside prison conditions of the criminals, commutation of punishment, parole or temporary execution outside prison, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.

Article 402nd the administrative law enforcement personnel to play favouritism and commit irregularities, shall be transferred to judicial organs for investigation of criminal responsibility is not over, if the circumstances are serious, is less than three years imprisonment or criminal detention; if the consequences are serious, department for more than three years to seven years in prison.

Workers of state organs, 403rd national authorities play favouritism and commit irregularities, breach of privilege, does not meet the conditions required by law, the company registration or stock, bond issuance, listing application, approval or registration, cause public property, the interests of the state and the people suffered a major loss, is less than five years imprisonment or criminal detention.
The superior departments forced registration organ and its staff in the implementation of the acts mentioned in the preceding paragraph, the directly responsible persons in charge, shall be punished in accordance with the provisions of the preceding paragraph.

Article 404th the tax authority staff play favouritism and commit irregularities, not sign or undercollect the amount of tax payable, resulting in serious losses of state revenues, is less than five years imprisonment or criminal detention; especially heavy losses are caused, the Department for more than five years in prison.

405th the provisions of the tax authorities staff in violation of laws, administrative regulations, play favouritism and commit irregularities sale invoices, tax, export tax rebates for work,, causing heavy losses to the interests of the state, is less than five years imprisonment or criminal detention; if especially heavy losses are caused to the interests of the state, where more than five years in prison.
Other state functionaries in violation of state regulations, play favouritism and commit irregularities in the provision of export goods declaration, export verification single export tax refunds, work, resulting in serious losses to state interests, shall be punished in accordance with the provisions of the preceding paragraph.

406th staff of state organs in the process of signing and fulfilling the contract, because of serious irresponsibility, fraud, causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; if especially heavy losses are caused to the interests of the state, three to seven years in prison.

407th the provisions of the competent forestry department staff in violation of the forestry law, exceed the approved annual cutting quota issues forest tree felling license or in violation of the provisions of spamming the tree cutting license, if the circumstances are serious, resulting in serious damage to the forest, is less than three years imprisonment or criminal detention.

408th responsible for the supervision and management of environmental protection of the state organs work seriously irresponsible, causes a serious environmental pollution accident, resulting in serious losses or serious consequences caused personal injury to public and private property, is less than three years imprisonment or criminal detention.
Work personnel of state organs in charge of food safety supervision and management duties, breach of privilege or be forgetful of one's duties, causing a major food safety accidents or other serious consequences, is less than five years imprisonment or criminal detention; if the consequences are especially serious, department for more than five years to ten years in prison.
Play favouritism and commit irregularities committed the crime mentioned in the preceding paragraph, shall be given a heavier punishment.

409th in the administrative departments of public health of infectious diseases prevention and treatment of seriously irresponsible staff, resulting in the communication and spread of infectious diseases, if the circumstances are serious, is less than three years imprisonment or criminal detention.

410th any functionary of a state organ personnel play favouritism and commit irregularities, in violation of laws and regulations, breach of privilege management of land, illegal approval of the expropriation, or occupation of land, illegal transfer of state-owned land use rights, if the circumstances are serious, is less than three years imprisonment or criminal detention; the state or collective interests suffered particularly heavy losses, three to seven years in prison.

411st customs officers play favouritism and commit irregularities, connives at smuggling, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years in prison.

Article 412nd the State Administration for commodity inspection, commodity inspection agency staff play favouritism and commit irregularities, forge inspection results, is less than five years imprisonment or criminal detention; if the consequences are serious, department for more than five years to ten years in prison.
The people listed in the preceding paragraph seriously irresponsible, to inspect goods without inspection, or delays the inspection certificate, false certificates, thus causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention.

413rd animal and plant quarantine organ personnel play favouritism and commit irregularities, forges a quarantine result, is less than five years imprisonment or criminal detention; if the consequences are serious, department for more than five years to ten years in prison.
The people listed in the preceding paragraph seriously irresponsible, to conduct quarantine inspection of the items not quarantine, or delay quarantine certificates, false certificates, thus causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention.

Article 414th the production, sales of fake and shoddy goods crime behavior has the staff of state organs, accountability play favouritism and commit irregularities, not to perform their duties under the law, if the circumstances are serious, is less than five years imprisonment or criminal detention.

415th responsible for passport, visa and other entry-exit certificates of the personnel of state organs, that is to attempt to sneak into the country (border) exit personnel, to deal with entry and exit certificate, or border, customs functionaries of state organs, to who knowingly (edge) exit personnel, to be released, a fixed-term imprisonment less than three years or criminal detention; if the circumstances are serious, three to seven years in prison.

416th of the workers of state organs who abducted, kidnapped women, children with rescue responsibility, was abducted, kidnapped women, children and their families to require or received other people's report, and abducted, kidnapped women, children not to carry out the rescue, the consequences are serious, place below five years in prison or detention.
If any state functionary rescue responsibility by taking advantage of his position to obstruct rescue, department for more than two years of imprisonment less than seven years; if the circumstances are relatively minor, is less than two years imprisonment or criminal detention.

Article 417th a functionary of a state organ suppressed crime responsibility, provide convenience to criminals, send news secretly, help criminals escape punishment, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to ten years in prison.

418th any functionary of a state organ personnel play favouritism and commit irregularities in recruiting public servants or students, if the circumstances are serious, is less than three years imprisonment or criminal detention.

419th any functionary of a state organ personnel seriously irresponsible, causes damage to or loss of precious cultural relics, if the consequences are serious, is less than three years imprisonment or criminal detention.

 

The tenth chapter Military Crime of breach of duty

420th breach of military duty, harm the military interests of the state, in accordance with the law and should be subject to penalty, is a violation of duty.

Article 421st the wartime defying orders, cause harm to combat, place above three years imprisonment less than ten years; if heavy losses are caused to battle, battle, at more than ten years imprisonment, life imprisonment or death.

Article 422nd deliberately concealing, wolf or refuse to transfer, false military orders, cause harm to combat, place above three years imprisonment less than ten years; if heavy losses are caused to battle, battle, at more than ten years imprisonment, life imprisonment or death.

The 423rd regiment in the battle, automatic weapons and surrender to the enemy, at more than three years imprisonment less than ten years; if the circumstances are serious, department for more than ten years of fixed-term imprisonment or life imprisonment.
After surrendering to the enemy service, department for more than ten years of imprisonment, life imprisonment or death.

Article 424th the wartime run away when going into battle, is less than three years imprisonment; if the circumstances are serious, department for more than three years of imprisonment less than ten years; if heavy losses are caused to battle, battle, at more than ten years imprisonment, life imprisonment or death.

The 425th command staff on duty, and the duty who leaves his post without permission or be forgetful of one's duties, thereby causing serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.
The wartime commits the crime mentioned in the preceding, department for more than five years in prison.

426th by violence, threat, hinder the command staff or duty, duty officer in the execution of his duty, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years in prison; causing serious injury, death, or other especially serious circumstances, he shall be sentenced to life imprisonment or death. The wartime shall be given a heavier punishment.

427th breach of privilege, directing their subordinates to violate the duties, thereby causing serious consequences, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison.

428th commander insubordination, cold feet, combat the negative, resulting in serious consequences, a fixed-term imprisonment less than five years; if heavy losses are caused to the battle of battle, or other especially serious circumstances, department for more than five years in prison.

429th in a critical situation request a neighbor Ming troops to rescue, rescue and not rescue, resulting in serious losses to friendly forces, the command staff, and five years in prison.

Article 430th in performing his duties, leaves his post without permission, from overseas or on the outside of the country, jeopardizing the military interests of the state, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years in prison.
Aircraft or on board vessels, or other especially serious circumstances, the agency for more than ten years imprisonment, life imprisonment or death.

Article 431st by stealing, spying, buying, illegally obtain military secrets, is less than five years imprisonment; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years in prison.
For overseas institutions, organizations, persons who steal, spy on, buying, illegally providing military secrets, place above ten years imprisonment, life imprisonment or death.

Article 432nd violation of regulations of state secrets, intentionally or negligently divulges military secrets, if the circumstances are serious, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years to ten years in prison.
The wartime commits the crime mentioned in the preceding five years, less than ten years imprisonment; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment.

Article 433rd the war spread rumours to mislead people, shake the morale of troops, a fixed-term imprisonment less than three years; if the circumstances are serious, three to ten years in prison.
Whoever colludes with the enemy to spread rumours to mislead people, shake the morale of troops, department for more than ten years of fixed-term imprisonment or life imprisonment; if the circumstances are especially serious, he shall be sentenced to death.

Article 434th the wartime injures himself, to military duty, is less than three years imprisonment; if the circumstances are serious, three to seven years in prison.

Article 435th violation of the military service law, from the armed forces, if the circumstances are serious, is less than three years imprisonment or criminal detention.
The wartime commits the crime mentioned in the preceding three years, more than seven years in prison.

Article 436th violation of provisions for use of weapons and equipment, if the circumstances are serious, the accident happened, causing serious injury, death or other serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

Article 437th in violation of the provisions of the weaponry and equipment management, allocation of use of unauthorized change of weapons and equipment, resulting in serious consequences, is less than three years imprisonment or criminal detention; if the consequences are especially serious, department for more than three years to seven years in prison.

Article 438th theft, snatch weaponry or military supplies, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of imprisonment, life imprisonment or death.
Theft, snatch firearms, ammunition, explosives, shall be punished in accordance with the provisions of this article 127th.

Article 439th illegal sale, transfer of military weapons and equipment, more than three years to ten years in prison; sell, transfer of large amounts of weapons and equipment or other especially serious circumstances, the agency for more than ten years imprisonment, life imprisonment or death.

Article 440th an order, weaponry, is less than five years imprisonment or criminal detention; abandons important or a large amount of weaponry, or other serious circumstances, department for more than five years in prison.

Article 441st loss of weaponry, not timely reporting or other serious circumstances, is less than three years imprisonment or criminal detention.

Article 442nd in violation of the provisions of unauthorized sale, transfer, real estate of the armed forces, if the circumstances are serious, the persons who are directly responsible, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, department for more than three years to ten years in prison.

443rd breach of privilege, maltreating subordinates, vile, causing serious injury or other serious consequences, is less than five years imprisonment or criminal detention; to cause death, more than five years in prison.

444th in a deliberately abandoned sick servicemen, if the case is serious, the directly responsible personnel, and five years in prison.

Article 445th in wartime rescue treatment positions, conditional treatment and refused to treat severe sick servicemen, is less than five years imprisonment or criminal detention; injury soldiers heavy residual, death or other serious circumstances, five to ten years in prison.

Article 446th the wartime military operations in area, innocent residents or looting innocent residents property, is less than five years imprisonment; if the circumstances are serious, department for more than five years of imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of imprisonment, life imprisonment or death.

447th private put prisoners, is less than five years imprisonment; private put important prisoners, private put many prisoners of war or other serious circumstances, department for more than five years in prison.

Article 448th abuse prisoners, if the case is serious, is less than three years imprisonment.

During the war of 449th, was sentenced to three years in prison without a real danger of probation criminals soldiers, allowing it to redeem himself, has performed meritorious service, the original sentence can be revoked, shall not be regarded as a criminal.

450th this chapter shall apply to the people's Liberation Army officers in active service, Chinese civilian cadres, soldiers and cadets with military status and China people's armed police forces, police officers in active service civilian cadres, soldiers and cadets with military status and perform military tasks reserve and other persons.

Article 451st the wartime, refers to the state has declared the state of war, the armed forces receive operations or when the enemy surprise attack at.
Forces execution of martial law tasks or cope with emergencies of violence, in wartime.

 

Supplementary articles

Article 452nd this Law shall enter into force as of October 1, 1997.
In Annex I of this law enacted by the Standing Committee of the National People's Congress regulations, supplementary provisions and decisions, have been included in this law or are not applicable, since the date of implementation of this law, shall be invalidated.
Supplementary provisions and decisions enacted by the Standing Committee are listed in Appendix two of this law by the National People's Congress shall be maintained, in which, the provisions on administrative penalty and administrative measures continue to be effective; the provisions on criminal liability have been included in this law, since the date of implementation of this law, this Law shall apply to.

Annex A

The following regulations, enacted by the Standing Committee of the National People's Congress of the supplementary provisions and decisions, have been included in this law or are not applicable, since the date of implementation of this law, shall be invalidated:
The Interim Regulations of the people's Republic of China 1 punishing crimes of soldiers violating military duties
2 concerning punishment for serious economic decision of the
3 regarding the severe punishment of criminals who seriously endanger public security decision
4 supplementary regulations on punishing smuggling
5 concerning the punishment of crimes of embezzlement and bribery supplementary provisions
6 on the punishment of the crime of divulging state secrets of the supplementary provisions
Supplementary Provisions on punishing the killing of 7 key state protection of rare, endangered wild animal crime
8 concerning the national flag and national emblem of the people's Republic of China the insult crime decision
9 on punishing the crime of robbing ancient cultural ruins or ancient tombs of the supplementary provisions
10 on the punishment of criminals engaged in aircraft hijacking decision
11 concerning the punishment of crimes of counterfeiting registered trademarks of the supplementary provisions
12 concerning the production, sales and shoddy goods crime decision
13 on the punishment of crime of infringing the copyright decision
The 14 crimes against the company law on the punishment decision
15 on the deal who escape or commit new crimes and personnel of reeducation through labor decision

Annex two

The following supplementary provisions and decisions enacted by the Standing Committee of the National People's Congress retained, among them, the provisions on administrative penalty and administrative measures continue to be effective; the provisions on criminal liability have been included in this law, since the date of implementation of this law, this Law shall apply to:
The 1 decision on drug control
2 on punishing smuggling, trafficking, production, dissemination of pornographic materials criminals decision
3 punish trafficking, kidnapping crime on women, children's decision
The 4 decision on the non prostitution
Regarding the punishment of tax evasion, tax revolt crime 5 supplementary provisions
6 on the severely organizations, carrying people to secretly cross the national boundary (border) supplementary provisions of environmental crime
7 concerning the punishment of crimes of Disrupting Financial Order Decision
8 on the punishment, or sell forged exclusive value-added tax invoices and illegal decision