Provisions on the crime of state functionaries in the criminal law
Created:
/Author:
Aaron Lewis
Provisions on the crime of state functionaries in the criminal law
Article 104th [armed rebellion, violence crime] 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, at the 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 157th [armed smuggling, resisting customs penalties] armed smuggling, in accordance with the provisions of this law the first paragraph of article 151st, paragraph fourth 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. Article 202nd [] tax revolt crime 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 242nd [the crime of obstruction of official business; to obstruct rescue bought women and children], crime means of violence or threat, prevent 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. Article 277th [] the crime of obstruction of official business by violence, threat obstructs a state functionaries to perform their duties, 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 279th [crimes] try every trick to mislead the public 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 291st [assembling a crowd to disturb public order, crime of assembling a crowd to disturb traffic order] 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, is less than five years imprisonment, criminal detention or control. Article 309th [] the crime of disrupting court order or court, shock, or beating the judicial staff, seriously disrupting the order of the court, is less than three years imprisonment, criminal detention, control or fines. Article 389th [crime] to seek 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. Article 392nd the introducing bribe crime [] 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 offering 393rd [unit] unit bribery 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.