Part I General Provisions

The guiding ideology, tasks and scope of application of the first chapter of the criminal law

Article 1

The people's Republic of China criminal law, by Marx Lenin, Mao Zedong Thought as the guiding principle, with the constitution as the basis, in accordance with the combination of punishment with leniency policy, making the people's democratic dictatorship with the people of all our ethnic groups to implement the leadership of the proletariat, and based on the worker peasant alliance is the dictatorship of the proletariat and the specific experience of socialist revolution and socialist construction, the actual situation.

 

Article second

The tasks of the PRC Criminal Law, the penalty is used with all counter revolutionaries and other criminal acts to fight, to defend the dictatorship of the proletariat regime, property protects socialist property owned by the whole people and collective, legal protection of citizen's private property all, protect citizen's personal rights, democratic rights and other right, maintain social order, the order of production, teaching and research work order, order and people's life order, safeguard the socialist revolution and socialist construction smoothly.

 

Article third 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 on a ship or aircraft of the people's Republic of China in, 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.

Fourth of the people's Republic of China made the following crimes in the field outside the people's Republic of China, the applicability of this method:

(a) the counter revolutionary crime;

(two) counterfeiting of national currency (122nd), securities fraud (123rd);

(three) the crime of corruption, bribery crime (155th) (185th), divulges State Secrets (186th);

(four) posing as a state functionary crime of try every trick to mislead the public (166th), falsification of official documents, certificates, seals (167th).

Article fifth

Citizens of the people's Republic of China made pursuant to the preceding article outside the crime in the field outside the people's Republic of China, and punishable according to the provisions of this Law for more than three years in prison, this method can also be used; but according to the criminal law is not punishable.

 

Article Sixth

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 apply; but according to the criminal law is not punishable.

 

Article seventh

Where in the field outside the people's Republic of China in accordance with the provisions of this law, a crime shall bear criminal responsibility, although after foreign judgment, may still be dealt with according to the law; but in foreign countries have received criminal punishment, can be avoided or mitigated punishment.

 

The criminal responsibility of the eighth foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels.

Article ninth

This Law shall come into force as of one nine eight January 1st 0 years. After the founding of the PRC and before the implementation of this law, if the law, regulations, policy is not considered a crime, law, regulations, policy at that time. If the laws, decrees, policy that is a crime, in accordance with the provisions of law fourth chapter eighth section should be prosecuted, according to the laws at that time, laws, policies shall be investigated for criminal responsibility. However, if the act is not deemed a crime or imposes a lighter punishment, this Law shall apply.

 

The second chapter of crime

The first section of crime and criminal responsibility

Article tenth

All the harm to national sovereignty and territorial integrity against the dictatorship of the proletariat, system, undermine the socialist revolution and socialist construction, destruction of social order, violations of property all property owned by the whole people and collective, infringement of the lawful private property of the citizens, 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 the plot remarkable slight harm is little, do not think that is a crime.

 

Eleventh 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 twelfth

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.

Article thirteenth

Although an act objectively caused damage, but not the intent or negligence, but due to irresistible or unforeseeable causes, was not deemed a crime.

 

Article fourteenth has over sixteen years of age who commits a crime, he shall bear criminal responsibility.

Has over fourteen years of age under sixteen years old, murder, robbery, arson, wounded, who commits a crime or other serious damage to social order, crime, criminal responsibility shall be borne.

Has over fourteen years of age under eighteen years old who commits a crime shall be given a lighter or mitigated punishment.

Because of dissatisfaction with the sixteen year old is not punished, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government.

Article fifteenth

The mental patient in time when he is unable to recognize or unable to control their behavior causes harmful consequences, he shall not bear criminal responsibility; but his family or guardian shall be ordered to strict surveillance and medical.

 

Intermittent mental illness is a crime, he shall bear criminal responsibility.

An intoxicated person who commits a crime, he shall bear criminal responsibility.

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

Article seventeenth

In order to make the public interest, the person himself or herself or others or other rights from being infringed, the justifiable defense behavior by, do not bear criminal responsibility.

The justifiable defense exceeds the limits of necessity and harm should not, shall bear criminal responsibility; but should be discretionary mitigated punishment or be exempted from punishment.

Article eighteenth

In order to make the public interest, the person himself or herself or others and other rights against the danger happening, not the emergency action taken, and he shall not bear criminal responsibility.

The emergency exceeds the limits of necessity and harm should not, shall bear criminal responsibility; but should be discretionary mitigated punishment or be 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

Nineteenth 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 twentieth 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-first in the criminal process, automatic suspension of crime or automatically and effectively prevent the result of crime, discontinuation of a crime refers to.

For discontinuation of a crime, shall be reduced or exempted punishment.

The third section joint crime

Twenty-second 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-third organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime, are the main culprits.

The principal, unless specific provisions stipulated in this law, shall be given a heavier punishment.

Twenty-fourth in the common crime plays a secondary or auxiliary role, is an accomplice.

An accomplice shall be in accordance with the principal, lighter, mitigated punishment or be exempted from punishment.

Article twenty-fifth for stress, was lured to participate in a crime shall, according to the circumstances of his crime, according to an accessory mitigated punishment or be exempted from punishment.

Twenty-sixth who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Instigate persons under the age of eighteen crime, shall be given a heavier punishment.

 

If the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated punishment.

The third chapter penalty

The first section of the kinds of punishment

The twenty-seventh punishments are divided into principal punishment and supplementary punishments.

The following twenty-eighth principal punishments:

(a) regulation;

(more than two);

(three) in prison;

(four) the life imprisonment;

(five) the death penalty.

The following twenty-ninth additional punishment:

(a) fine;

(two) the deprivation of political rights;

(three) the confiscation of property.

Supplementary punishments may be imposed independently.

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

Article thirty-first

Where the victim has suffered economic losses as a result of a criminal act, the criminal in addition to give criminal sanction according to law, be sentenced to compensation for economic loss according to the situation.

Article thirty-second

For the circumstances of the crime are minor and do not require criminal 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 subject to administrative sanctions.

 

The second section control

Article thirty-third the term of control, for more than three months to two years.

Regulation by the people's court ruling, shall be executed by the public security organs.

The thirty-fourth criminals sentenced to public surveillance, during execution, must comply with the following provisions:

(a) to abide by the laws, decrees, subject to the supervision of the masses, actively participate in collective labor production or work;

(two) report periodically to the executive organ of his activities;

(three) move or go out must be reported to the approval of the organ executing the.

Criminals sentenced to public surveillance, in labor should get equal pay for equal work.

The thirty-fifth criminals sentenced to control, the control period, the executing organ shall immediately to himself and the crowds that deregulation.

Thirty-sixth 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 thirty-seventh of criminal detention period, for the following fifteen days of above six months.

The thirty-eighth 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 thirty-ninth of criminal detention term, calculated from the date of execution of judgment; judgment before the first detention, detention term is to be shortened by one day one day.

The fourth section, are to be sentenced to life imprisonment

Period fortieth prison, for the following six months above fifteen years.

Article forty-first

A criminal element sentenced to imprisonment, execution in prison, prison or other place of reform through labour; anyone with the ability to labor, reform through labour.

Sentence forty-second 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-third

The criminal penalty is only applicable to commit the most heinous crimes. Who should be sentenced to death, if immediate execution is not essential, may be announced at the same time with two years suspended sentence, reform through labour, see how one behaves in the future.

 

 

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.

 

Article forty-fourth

The time when the crime to anyone under the age of eighteen and trial of the pregnant women, the application of the death penalty. Has over sixteen years of age under eighteen years old, if the crime is particularly serious, may be sentenced to death with a reprieve of two years.

 

Article forty-fifth the execution by shooting method.

Article forty-sixth

Sentenced to death with a two-year suspension of execution, the execution period, if true repentance, after the expiration of two years, to life imprisonment; if true repentance and a meritorious performance, after the expiration of two years, reduced to fifteen to twenty years in prison; if the circumstances are bad resist reform, verification, approval by the Supreme People's court ruling or, execution.

 

Article forty-seventh

During the period of suspension of execution of death penalty, calculated from the date of the judgment. Suspension of execution to fixed-term imprisonment is counted, from the date the order of commutation is issued.

The sixth section of fine

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

Article forty-ninth

Fine within the period specified in the judgment time or in installments. If no pay, forced to pay. 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 fiftieth deprivation of political rights is deprivation of the following rights:

(a) the right to vote and to be elected;

(two) the provisions of article forty-fifth of constitutional rights;

(three) the right to hold a position in state organs;

(four) as the enterprise, institution or people's organization right.

The fifty-first term of deprivation of political rights, in addition to the law the fifty-third 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-second

For the counter revolutionaries should additional deprivation of political rights; criminals who seriously undermine public order, when necessary, can also be additional deprivation of political rights.

Article fifty-third 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.

Article fifty-fourth

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.

 

In section eighth, the confiscation of property

Article fifty-fifth confiscation of property is the whole or a part of the confiscation of property.

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 fifty-sixth attachment before criminals, need to use the confiscated property to repay, the request of the creditors, the people's court shall rule.

The fourth chapter of punishment

The first section of sentencing

Article fifty-seventh

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

The fifty-eighth 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 fifty-ninth criminals with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment below the legally prescribed punishment.

 

Although do not have the crime prescribed in this Law for mitigating circumstances, if according to the specific circumstances of the case, the minimum penalty sentenced to punishment is overweight, the trial committee of the decision of a people's court, also may be sentenced to a punishment below the legally prescribed punishment.

 

Article sixtieth

The illegal proceeds of the criminal shall be recovered, or compensation shall be ordered; contraband and articles used for committing the crime's own property, shall be confiscated.

The second section recidivism

Article sixty-first

A criminal element sentenced to fixed-term sentence or more severe punishment, punishment is finished or pardon, within three years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment; but negligence crime except.

 

The deadline stipulated in the preceding paragraph, the offender paroled, counted from the date the parole expires.

Article sixty-second the punishment has been completely executed or pardon counter revolutionaries, at any time to commit crimes of counterrevolution, are to be treated as recidivists.

The third section

Article sixty-third

Crime later surrendered, may be given a lighter punishment. Among them, the lesser crime, can be mitigated punishment or be exempted from punishment; crime heavier, if a meritorious performance, can also be reduced or exempted from punishment.

 

The fourth section combined punishment for several crimes

Article sixty-fourth

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; however the regulation not more than three years, criminal detention of not more than one year, are to be sentenced to not more than twenty years.

 

If the number of crimes in a supplementary punishment is imposed, the supplementary punishment shall still be executed.

Article sixty-fifth

The judgment is pronounced, the penalty is not completed before, found that criminals sentenced 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 according to the provisions of this law, the provisions of article sixty-fourth, decided to carry out the punishment. Has to be executed, shall be calculated in the term decided by the new judgment.

 

Article sixty-sixth

The judgment is pronounced, the penalty is not completed before, criminals convicted again commits a 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-fourth, decided to carry out the punishment.

 

The fifth section probation

Article sixty-seventh

Sentenced to criminal detention, the following three years there are criminals in prison, according to the circumstances of the crime and the performance of repentance criminals think probation, not do harm to the society, can be declared probation.

 

A criminal whose sentence is suspended, if a supplementary punishment is imposed, the supplementary punishment shall still be executed.

Article sixty-eighth sentenced to probation period for the following period for more than one year, but it may not be less than a month.

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 sixty-ninth for the counter revolutionary crime and recidivism, not applicable probation.

Article seventieth

A criminal whose sentence is suspended, during the probation period, by the public security organs to the unit or the basic level organization to be inspected, if not to commit new crimes, expiration of probation, the punishment originally decided is not performed; if the commit new crimes, the revocation of probation, the former crime and the punishment imposed for the latter crime, in accordance with the provisions of method sixty-fourth, decided to carry out the punishment.

 

The sixth section commutation

Article seventy-first

Sentenced to public surveillance, criminal detention, fixed-term imprisonment, criminal, during execution, if true repentance or performed meritorious service, his sentence may be commuted. But after one or several times after commutation, the actual implementation of the prison, sentenced to public surveillance, detention, are to be sentenced to not less than the term originally decided, 1/2; sentenced to life imprisonment, not less than ten years.

 

Seventy-second life imprisonment sentence to sentence, from the date the order of commutation is issued.

The seventh section

Article seventy-third

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 ten years, if indeed repent, and will not cause further harm to society, may be granted parole. If there are special circumstances, may not be subject to the restrictions relating to the term executed.

 

Seventy-fourth 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 seventy-fifth

The criminals are on parole, during the probation period, the public security organ shall supervise, if not to commit new crimes, the punishment originally decided shall be considered completed; if commit new crimes, revocation, the former crime and the punishment without executing the punishment imposed for the latter crime, in accordance with the provisions of article sixty-fourth, decision execution of punishment.

 

The eighth section aging

Article seventy-sixth 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.

Article seventy-seventh in the people's court, the people's Procuratorate, the public security organs to take coercive measures, escapes from investigation or trial, no limitation on the period for prosecution.

Seventy-eighth 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

Article seventy-ninth

This law has not stipulated the crime of conviction, can according to provisions of this law which is most similar to the sentence, but shall be submitted to the approval of the Supreme People's court.

Article eightieth

Not in national autonomous areas completely apply the stipulations of this law, the organ of state power autonomous region or province 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.

 

The eighty-first mentioned in this Law refers to the following property of public property:

(a) property owned by the whole people;

(two) property owned collectively by the laboring masses.

In the country, the people's commune, cooperation, joint ventures and people's organizations management, use or transport of private property, public property theory.

Article eighty-second this Law said the lawful private property of the citizens refers to the following property:

(a) his lawfully earned income, savings, houses and other means of livelihood;

(two), in accordance with the law or to individual family all the plots, privately owned livestock, retention trees and other production data.

Article eighty-third this Law said the national staff refers to all state organs, enterprises, institutions and other engaged in public service according to law personnel.

Article eighty-fourth this Law said the judicial personnel refers to the investigation, prosecution, trial, one post personnel supervision.

Article eighty-fifth the wounded referred to in this Law 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.

Article eighty-sixth this Law said the ringleader is defined from the criminal organization, planning, command of the crime committed by a criminal group or crowd.

Article eighty-seventh

This Law said tell just processing, refers to the victim 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.

 

Article eighty-eighth this Law said above, below, within, even this number.

Article eighty-ninth of this law are applicable to other laws, statutory penalty, but other laws with the exception of the special provisions.

Second minute

The first chapter of crime of counter revolution

The harm of the people's Republic of China ninetieth article to overthrow the proletarian dictatorship and the socialist system for the purpose of,, are counter revolutionary crime.

Article ninety-first with foreign, conspiracy to endanger the sovereignty, territorial integrity and security, shall be sentenced to life imprisonment or for more than ten years in prison.

Article ninety-second the conspiracy to overthrow the government, splitting the country, he shall be sentenced to life imprisonment or for more than ten years in prison.

Article ninety-third

Instigate, seduce, buy national staff, the armed forces, the people's police, militia to mutiny or rebellion, he shall be sentenced to life imprisonment or for more than ten years in prison.

Article ninety-fourth

Turning traitor, at three to ten years in prison; if the circumstances are serious or Lvzhong turning traitor, department for more than ten years of fixed-term imprisonment or life imprisonment.

Led the armed forces, people's police, militia turning traitor, he shall be sentenced to life imprisonment or for more than ten years in prison.

Article ninety-fifth

The primary molecular armed mass rebellion or other crime serious, be sentenced to life imprisonment or more than ten years; other active participants, three to ten years in prison.

 

Article ninety-sixth

The ringleader in the jail delivery or organize a jailbreak or other crime serious, he shall be sentenced to life imprisonment or more than ten years; other active participants, three to ten years in prison.

 

Article ninety-seventh

Following the spy or the enemy capital acts, 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) for stealing, spying on the enemy, the provision of information;

(two) providing the enemy weapon ammunition or other military supplies;

(three) in the spy, spy organization or accept their missions.

Article ninety-eighth

The organization, leading a counter revolutionary group, department for more than five years in prison; the other to participate actively in the counter revolutionary group, is less than five years imprisonment, criminal detention, control or deprivation of political rights.

 

Article ninety-ninth

Tissue, use of feudal superstition, or counter revolutionary activities, is more than five years; if the circumstances are relatively minor, is less than five years imprisonment, criminal detention, control or deprivation of political rights.

 

Article 100th

To counter revolutionary purposes, for one of the following acts of sabotage, he shall be sentenced to life imprisonment or more than ten years; if the circumstances are relatively minor, three to ten years in prison:

 

 

(a) explosion, fire, flooding, utilization or destruction of military equipment, other production facilities, communication and transportation equipment, construction, emergency equipment or other public building, public property;

 

(two) the national archives, robbing military supplies, industrial and mining enterprises, banks, stores, warehouses or other public property;

(three) hijack ships, aircraft, train, car, car;

(four) indicating bombarding targets to the enemy;

(five) manufacturing, robbery, theft of firearms, ammunition.

Article 101st

To counter revolutionary purposes, put poison, spreading diseases or by other means killing, wounding, he shall be sentenced to life imprisonment or more than ten years; if the circumstances are relatively minor, three to ten years in prison.

 

Article 102nd

To counter revolutionary purposes, for one of the following acts, is less than five years imprisonment, criminal detention, control or deprivation of political rights; the ringleaders and other evil major, five years or more in prison:

 

(a) incites people to resist, breaking the law, the implementation of national laws;

(two) to counter revolutionary posters, leaflets or other methods of propaganda and incitement to overthrow the dictatorship of the proletariat regime and the socialist system.

Article 103rd

In this chapter, the counter revolutionary crimes, except ninety-eighth, ninety-ninth, 102nd, especially serious harms to the country and the people, if the circumstances are especially serious, he shall be sentenced to death.

 

Article 104th 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

Article 105th

Fire, water, by explosion or in other dangerous means to destroy factories, mines, oil fields, 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 to ten years in prison.

 

Article 106th

Fire, explosion, poisoning, by water or by 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.

 

Negligent crime mentioned in the preceding paragraph, is less than seven years imprisonment or criminal detention.

Article 107th

Destroy the train, car, car, ship, plane, train, car, enough to make electric cars, boats, aircraft overturn, destroy the danger, if serious consequences have not yet resulted, at more than three years to ten years in prison.

 

Article 108th

Destruction of rail, highway, airport, bridge, tunnel, 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 three to ten years in prison.

 

Article 109th

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 110th

Destroy vehicles, traffic equipment, electric power or gas equipment, or inflammable or explosive equipment, resulting in serious consequences, at more than ten years imprisonment, life imprisonment or death.

Negligent crime mentioned in the preceding paragraph, is less than seven years imprisonment or criminal detention.

Article 111st

Destroy the radio, telegraph, telephone or other communications equipment, harm the public safety, is less than seven years imprisonment or criminal detention; if the consequences are serious, department for more than seven years in prison.

 

Negligent crime mentioned in the preceding paragraph, is less than seven years imprisonment or criminal detention.

Article 112nd

Illegally manufacturing, trading, transportation of firearms, ammunition, or theft, snatch the state organs, military and police personnel, guns, ammunition, a fixed-term imprisonment less than seven years; if the circumstances are serious, department for more than seven years of fixed-term imprisonment or life imprisonment.

 

Article 113rd

Engaged in transportation of personnel who violate the rules and regulations, thus 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; if the circumstances are especially serious, department for more than three years to seven years in prison.

 

Non transport personnel commits the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 114th

Factories, mines, forestry, construction enterprises or other enterprises, institutions and workers, management, because not to violate the rules, or compel workers illegal adventure homework, so the occurrence of major accidents, causing serious consequences, is less than three years imprisonment or criminal detention; if the circumstances are especially serious, three to seven years be sentenced to.

 

Article 115th

Violation of the 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.

 

The third chapter crimes against socialist economic order

Article 116th

Violation of the customs regulations, smuggling, if the circumstances are serious, except in accordance with the regulations on customs confiscated smuggled goods and fine, is less than three years imprisonment or criminal detention, and may concurrently be sentenced to confiscation of property.

 

Article 117th

Violation of foreign exchange, gold and silver, financial, industrial and commercial management regulations, play the market, if the circumstances are serious, is less than three years imprisonment or criminal detention, can impose fines or confiscation of property.

 

Article 118th

To play the market, regular business of smuggling, smuggling ringleader, play the market a huge amount of smuggling, or play the market group, department for more than three years of less than ten years imprisonment, and may concurrently be sentenced to confiscation of property.

 

Article 119th the state personnel who take advantage of their office, play the market, who have committed the crime of smuggling crime, he shall be given a heavier punishment.

Article 120th

For the purpose of profit, forge or reselling tickets of planned supply, if the circumstances are serious, is less than three years imprisonment or criminal detention, can impose fines or confiscation of property.

 

Ringleaders of the crime mentioned in the preceding paragraph or if the circumstances are especially serious, department for more than three years of less than seven years imprisonment, and may concurrently be sentenced to confiscation of property.

Article 121st

Violation of tax laws, tax evasion, tax, if the circumstances are serious, except in accordance with the tax laws and tax can be fined, and the persons who are directly responsible, is less than three years imprisonment or criminal detention.

 

Article 122nd

Counterfeit national currency or trafficking in counterfeit national currency, at more than three years to seven years in prison, may concurrently be sentenced to a fine or confiscation of property.

Ringleaders of the crime mentioned in the preceding paragraph or if the circumstances are especially serious, department for more than seven years of fixed-term imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property.

123rd check forgery, stock or other securities, and seven years in prison, can be fined.

Article 124th

For the purpose of profit, fake tickets, tickets, stamps, stamps, bill of lading, is less than two years imprisonment, criminal detention or a fine; if the circumstances are serious, two to seven years in prison, can be fined.

 

Article 125th

Because of anger revenge or other personal aims, machinery and equipment, farm animals to destroy or damage by other means of collective production, is less than two years imprisonment or criminal detention; if the circumstances are serious, two to seven years in prison.

 

Article 126th

The national 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 127th

Violation of the trademark management regulations, business and other enterprises registered trademark, the directly responsible persons, is less than three years imprisonment, criminal detention or a fine.

Article 128th

Violation of protection forest laws and regulations, logging, deforestation and other woodlands, if the circumstances are serious, is less than three years imprisonment or criminal detention, and may concurrently or punishment.

Article 129th

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 two years imprisonment, criminal detention or a fine.

 

Article 130th

Violation of regulations for hunting, hunting in the sanctuary, or uses prohibited hunting tools, methods, rare birds and beasts, damage or other wild animal resources, if the circumstances are serious, is less than two years imprisonment, criminal detention or a fine.

 

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

Article 131st

To protect the citizens' personal rights, democratic rights and other rights, shall not be subject to any person, any organ illegal violation. To violate the circumstances are serious, the persons who are directly responsible for criminal punishment.

 

Article 132nd the murderer, sentenced to death, life imprisonment, or more than ten years; if the circumstances are relatively minor, three to ten years in prison.

 

Article 133rd

Involuntary manslaughter, is less than five years imprisonment; if the circumstances are especially serious, department for more than five years in prison. The provisions of this act, in accordance with the provisions.

Article 134th deliberately hurt others body, is less than three years imprisonment or criminal detention.

 

The crime mentioned in the preceding paragraph, causing serious injury, three years and seven years in prison; death, department for more than seven years of fixed-term imprisonment or life imprisonment. The provisions of this act, in accordance with the provisions.

 

Article 135th

Negligent injury others wounded, is less than two years imprisonment or criminal detention; if the circumstances are especially serious, department for more than two years to seven years in prison. The provisions of this act, in accordance with the provisions.

 

Article 136th

Prohibit torture to extract confessions. State personnel who implement of torture to extract confessions, is less than three years imprisonment or criminal detention. In order to corporal punishment to cause disability, severely punished for assault.

 

Article 137th

"No mob vandalism". "People with disability, death induced by beating", for assault, homicide crime. To destroy or take public and private property, in addition to any compensation, primary elements of the crime of robbery.

 

The crime mentioned in the preceding paragraph, can be sentenced to deprivation of political rights.

Article 138th

It is strictly prohibited to use any method, means of false accusation cadre, masses. Whoever fabricates the fact false accusation others (including the prisoner), according to the nature of the crime, framed by the circumstances, the consequences and the standard of criminal action. Commits the crime of false accusation, he shall be given a heavier punishment.

 

Not deliberately framed, but wrongly accuse, or unfounded accusation, the preceding paragraph shall not apply.

139th 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.

Two paragraphs are committed, if the circumstances are especially serious or serious injuries or deaths, more than ten years imprisonment, life imprisonment or death.

More than two people commit rape and gang rape, he shall be given a heavier punishment.

140th forced prostitution of women, three to ten years in prison.

141st the human trafficking, a fixed-term imprisonment less than five years; if the circumstances are serious, department for more than five years in prison.

Article 142nd

Violate the provisions of the electoral law, by violence, threat, deception, bribery and other illegal means to disrupt the elections or to impede the voters from freely exercising their right to vote and to be elected, is less than three years imprisonment or criminal detention.

 

Article 143rd

The prohibition of illegal detention of a person, or otherwise unlawful deprivation of liberty. The offender is less than three years imprisonment, criminal detention 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 seven years in prison.

Article 144th

Illegal control others, or body, illegal search others' residences, or illegally intruding into others' residences, is less than three years imprisonment or criminal detention.

Article 145th

With violence or other methods, including the use of "big", "white", openly insulting others or fabricating facts to slander others, if the circumstances are serious, is less than three years imprisonment, criminal detention 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 146th

State personnel breach of privilege, jobbery, the accuser, the complainant, critics of reprisals against, is less than two years imprisonment or criminal detention; if the circumstances are serious, two to seven years in prison.

 

Article 147th

State personnel who unlawfully deprive citizens of the legitimate freedom of religious belief and infringe upon the customs and habits of ethnic minorities, and if the circumstances are serious, is less than two years imprisonment or criminal detention.

Article 148th

In the investigation, trial, 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 two years imprisonment or criminal detention; if the circumstances are serious, two to seven years be sentenced to.

 

Article 149th

To 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.

The fifth chapter crimes of property violation

150th by violence, coercion or other methods robs public or private property, more than three years to ten years in prison.

The crime mentioned in the preceding paragraph, if the circumstances are serious or serious injuries or deaths, more than ten years imprisonment, life imprisonment or death, and may concurrently be sentenced to confiscation of property.

Article 151st theft, fraud, plunder large amount of public or private property, is less than five years imprisonment, criminal detention or control.

Article 152nd

Habitual thieves, cheats or theft, fraud, plunder huge amount of public or private property, more than five years imprisonment less than ten years; if the circumstances are especially serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property.

 

Article 153rd

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, robbery crime shall be punished in accordance with the 150th article of this law.

 

Article 154th blackmail and impose exactions on public and private property, is less than three years imprisonment or criminal detention; if the circumstances are serious, three to seven years in prison.

Article 155th

State personnel who take advantage of their office, embezzlement of public property, is less than five years imprisonment or criminal detention; the enormous amount, if the circumstances are serious, is more than five years; if the circumstances are especially serious, he shall be sentenced to life imprisonment or death.

 

The crime mentioned in the preceding paragraph, confiscation of property, or to order restitution.

By state organs, enterprises, institutions, people's organizations to engage in public service committed the crime shall be punished according to the first paragraph, the provisions of the preceding two paragraphs.

Article 156th the deliberate destruction of public or private property, if the circumstances are serious, is less than three years imprisonment, criminal detention or a fine.

The sixth chapter of obstructing the administration of public order crime

Article 157th

Using violence, threat obstructs a state personnel in carrying out their duties according to law, the people's court or refuses to perform the legally effective judgment, ruling, is less than three years imprisonment, criminal detention, a fine or deprivation of political rights.

 

Article 158th

Forbid anyone to disturb public order by any means. Disturb social order and if the circumstances are serious, resulting in work, production, business, scientific research and teaching can not be carried out, the state and society suffer serious losses, the ringleaders is less than five years imprisonment, criminal detention, control or deprivation of political rights.

 

Article 159th

Assembling a crowd 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 is less than five years imprisonment, criminal detention, control or deprivation of political rights.

 

Article 160th

The crime of affray, provocative, insulting women or other rogue activity, undermine public order, if the case is serious, a fixed-term imprisonment less than seven years, criminal detention or control.

Rogue group of primary elements, the agency for more than seven years in prison.

Article 161st

In accordance with the law, the criminal was arrested for escape, in addition to the original crimes sentenced or according to their original sentenced, plus a fixed-term imprisonment less than five years or criminal detention.

Using violence, threats to the crime mentioned in the preceding paragraph, the Department for more than two years to seven years in prison.

Article 162nd

Harboring or false proof shield counter revolutionary, is less than three years imprisonment, criminal detention or control; if the circumstances are serious, three to ten years in prison.

 

Harboring or false proof shield other criminals, is less than two years imprisonment, criminal detention or control; if the circumstances are serious, two to seven years in prison.

Two paragraphs are committed, conspirators, to be punished as a joint crime.

Article 163rd violation of regulations on management of firearms, possession of firearms, ammunition, refused to hand over, is less than two years imprisonment or criminal detention.

Article 164th

For the purpose of profit, manufacturing, selling fake people's health hazards, is less than two years imprisonment, criminal detention or control, and may concurrently or punishment; causing serious consequences, at two to seven years in prison, can be fined.

 

Article 165th

Sorcerer, witch by superstition to start a rumor, fraud activities, is less than two years imprisonment, criminal detention or control; if the circumstances are serious, two to seven years in prison.

 

Article 166th

Posing as a state functionary 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.

 

Article 167th

Forged, altered or theft, looting, destruction of state organs, enterprises, institutions, people's organizations 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.

 

Article 168th for the purpose of profit, gambling or the gambling industry, is less than three years imprisonment, criminal detention or control, can be fined.

Article 169th

For the purpose of profit, lure, shelter a woman to engage in prostitution, is less than five years imprisonment, criminal detention or control; if the circumstances are serious, department for more than five years in prison, may concurrently be sentenced to a fine or confiscation of property.

 

Article 170th for the purpose of profit, production, sell erotica, erotica, is less than three years imprisonment, criminal detention or control, can be fined.

Article 171st

Manufacturing, trafficking, transporting opium, heroin, morphine and other drugs, is less than five years imprisonment or criminal detention, can impose a fine.

Consistent mass production, selling, or transport the drugs, office for more than five years in prison, and may concurrently be sentenced to confiscation of property.

Article 172nd

That is the proceeds of crime and the stolen goods to be harboring or agent to sell, is less than three years imprisonment, criminal detention or control, can or be fined.

Article 173rd

Violation of Protect the Cultural Relics regulations, stealing and exporting precious cultural relics, more than three years to ten years in prison, may also be fined; if the circumstances are serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property.

 

174th precious cultural relics, deliberate destruction of places of historic interest and scenic beauty of state protection, is less than seven years imprisonment or criminal detention.

Article 175th the national border, deliberate destruction of boundary markers or permanent surveying markers, is less than three years imprisonment or criminal detention.

Treason for the purpose, in accordance with the punishment of crimes of counterrevolution.

Article 176th violation of the entry and exit management regulations, to secretly cross the national boundary (border) exit, if the circumstances are serious, shall be sentenced to one years, criminal detention or control.

Article 177th

For the purpose of profit, organization, carrying people to secretly cross the national boundary (border) environment, is less than five years imprisonment, criminal detention or control, can be fined.

Article 178th

Violation of the frontier health and quarantine regulations, causing the spread of a quarantinable infectious disease, or causing the spread of a quarantinable infectious disease serious risk, is less than three years imprisonment or criminal detention, and may concurrently or punishment.

 

The seventh chapter, the crime of obstruction of marriage and family

The 179th 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, causing death to the victim, two to seven years in prison.

The first sin, tell just processing.

Article 180th spouses and bigamy, or knowingly marries a person who has a spouse, is less than two years imprisonment or criminal detention.

The 181st known to be active duty military spouses and cohabiting or married, and three years in prison.

Article 182nd 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, causing the victim serious injury, death, more than two years to seven years in prison.

The first sin, tell just processing.

Article 183rd

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.

 

184th kidnapped under fourteen years of age, male and female, from his family or guardian, is less than five years imprisonment or criminal detention.

The eighth chapter of crime of Malfeasance

Article 185th

State personnel who take advantage of their office, bribery, is less than five years imprisonment or criminal detention. Money, goods confiscated, public funds, property recovery.

The crime mentioned in the preceding paragraph, the interests of the state or citizens suffer serious losses, the Department for more than five years in prison.

To the national staff bribery or bribery, is less than three years imprisonment or criminal detention.

Article 186th

State functionaries in violation of state secrecy laws, disclosure of important state secrets, if the circumstances are serious, is less than seven years imprisonment, criminal detention or deprivation of political rights.

Non state functionary commits the crime, according to provisions of the preceding paragraph, the punishment.

Article 187th

National staff due to be forgetful of one's duties, cause public property, the interests of the state and the people suffered a major loss, is less than five years imprisonment or criminal detention.

Article 188th

The judicial personnel play favouritism and commit irregularities, 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 deliberately confuse right and wrong doing perverted the law, is less than five years imprisonment, criminal detention or deprivation of political rights; the plot is especially serious, department for more than five years in prison.

 

Article 189th

The judicial staff in violation of regulations, the person held in custody to 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.

 

190th any judicial functionary who put the criminals, is less than five years imprisonment or criminal detention; if the circumstances are serious, five to ten years in prison.

 

191st post staff to open or conceal, destroy mail, telegraph, is less than two years imprisonment or criminal detention.

The crime of stealing property, in accordance with Article 155th shall be given a heavier punishment of corruption crime.

Article 192nd national staff Moto Akino crimes, if the circumstances are minor, he shall be given an administrative sanction by the competent departments may be appropriate.