Criminal Law of the People's Republic of China

general provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

Article 1 With a view to punishing crimes and protecting the people, this Law is formulated in accordance with the Constitution and in the light of China's specific experience and actual conditions in combating crime.

Article 2 The task of the Criminal Law of the People's Republic of China is to use criminal punishment to fight against all criminal acts in order to safeguard national security, defend the political power of the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by the working people, protect property privately owned by citizens, protect citizens' personal rights, democratic rights and other rights, and maintain social order Economic order will ensure the smooth progress of socialist construction.

Article 3 If the law expressly stipulates that it is a criminal act, it shall be convicted and punished in accordance with the law; If the law does not expressly stipulate that it is a criminal act, it shall not be convicted or sentenced.

Article 4 The law shall be applied equally to anyone who commits a crime. No one is allowed to have the privilege of going beyond the law.

Article 5 The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminals.

Article 6 This Law shall apply to anyone who commits a crime within the territory of the People's Republic of China, except as otherwise provided by law.

This Law shall also apply to anyone who commits a crime on board a ship or aircraft of the People's Republic of China.

If one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is deemed to be a crime committed within the territory of the People's Republic of China.

Article 7 This Law shall be applicable to citizens of the People's Republic of China who commit crimes prescribed in this Law outside the territory and territorial waters and space of the People's Republic of China, but they may not be investigated if the maximum punishment prescribed in this Law is fixed-term imprisonment of not more than three years.

This Law shall apply to any State functionary or serviceman of the People's Republic of China who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People's Republic of China.

Article 8 This Law may be applicable to foreigners who commit crimes outside the territory and territorial waters and space of the People's Republic of China against the State of the People's Republic of China or against citizens of the People's Republic of China, if the minimum punishment prescribed in this Law is fixed-term imprisonment of not less than three years, except those who are not punished according to the law of the place where the crime was committed.

Article 9 This Law shall apply to crimes specified in international treaties concluded or acceded to by the People's Republic of China, over which the People's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations.

Article 10 Anyone who commits a crime outside the territory and territorial waters and space of the People's Republic of China, for which he should bear criminal responsibility according to this Law, may still be investigated in accordance with this Law, although he has been tried in a foreign country, but if he has already received criminal punishment in a foreign country, he may be exempted from punishment or given a mitigated punishment.

Article 11 The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be settled through diplomatic channels.

Twelfth If an act committed after the founding of the People's Republic of China and before the implementation of this Law was not considered a crime under the laws at that time, the laws at that time shall apply; If the law at the time considered a crime and should be prosecuted in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with the law at the time, but if this Law does not consider a crime or imposes a lighter punishment, this Law shall apply.

Prior to the implementation of this Law, effective judgments made in accordance with the laws at the time shall continue to be effective.

CHAPTER II CRIMES

SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY

Article 13 All activities that endanger national sovereignty, territorial integrity and security, split the country, subvert the people's democratic dictatorship, overthrow the socialist system, undermine social and economic order, infringe upon state-owned property or property collectively owned by the working people, infringe upon property privately owned by citizens, and infringe upon citizens' personal, democratic and other rights, And other acts endangering society that should be punished according to law are crimes, but if the circumstances are obviously minor and the harm is not serious, they are not considered crimes.

Article 14 An intentional crime refers to an act committed by a person who clearly knows that his act will cause harmful consequences to society and hopes or allows such consequences to occur, thus constituting a crime.

Criminal responsibility shall be borne for intentional crimes.

Article 15 A negligent crime refers to a person who should have foreseen that his act might have harmful consequences for society, but failed to do so because of his negligence, or who had foreseen it but believed it could be avoided, so that such consequences would occur.

Criminal responsibility shall be borne for negligent crimes only if the law so provides.

Article 16 An act is not a crime if it objectively causes damage, but is caused not by intention or negligence, but by irresistible or unforeseeable reasons.

Article 17 If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility.

If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentional injury that causes serious injury or death to another person, rape, robbery, drug trafficking, arson, explosion, or the dropping of dangerous substances, he shall bear criminal responsibility.

If a person who has reached the age of 12 but not the age of 14 commits the crime of intentional homicide or intentional injury, causing death to another person or serious injury to another person by special cruel means, resulting in serious disability, and the circumstances are flagrant, and the Supreme People's Procuratorate approves the prosecution, he shall bear criminal responsibility.

Persons under the age of 18 who have been investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs shall be given a lighter or mitigated punishment.

If he does not receive criminal punishment because he has not reached the age of 16, his parents or other guardians shall be ordered to discipline him; When necessary, special corrective education shall be carried out according to law.

Article 17-1 If a person who has reached the age of 75 commits a crime intentionally, he may be given a lighter or mitigated punishment; Whoever negligently commits a crime shall be given a lighter or mitigated punishment.

Article 18 If a mental patient causes harmful consequences when he is unable to recognize or control his own conduct, and it is confirmed through legal procedure appraisal, he shall not bear criminal responsibility, but his family members or guardians shall be ordered to keep a close watch and give medical treatment; When necessary, the government will force medical treatment.

Intermittent mental patients who commit crimes when they are in a normal state of mind shall bear criminal responsibility.

If a mental patient who has not completely lost the ability to recognize or control his own conduct commits a crime, he shall bear criminal responsibility, but may be given a lighter or mitigated punishment.

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

Article 19 A deaf mute or blind person who commits a crime may be given a lighter, mitigated punishment or exempted from punishment.

Article 20 An act of stopping an unlawful infringement in order to protect the interests of the State and the public, or his or her own or another's rights of the person, property and other rights from the ongoing unlawful infringement, which causes damage to the perpetrator, belongs to justifiable defence, and he or she shall not bear criminal responsibility.

If justifiable defense obviously exceeds the limits of necessity and causes serious damage, criminal responsibility shall be borne, but punishment shall be mitigated or exempted.

If a person takes defensive action against an on-going murder, murder, robbery, rape, kidnapping or other violent crime that seriously endangers personal safety, resulting in casualties of the unlawful infringer, such act does not constitute excessive defense, and he shall not bear criminal responsibility.

Article 21 Whoever, in order to protect the interests of the State and the public, or his own or others' rights of the person, property and other rights from the imminent danger, has to take an act of emergency to avoid danger, and thus causes damage, shall not bear criminal responsibility.

If an emergency shelter exceeds the limits of necessity and causes undue damage, criminal responsibility shall be borne, but punishment shall be mitigated or exempted.

The provisions on avoiding personal danger in the first paragraph shall not apply to persons who bear specific responsibilities in their posts or businesses.

Section 2 Preparation, Attempt and Suspension of a Crime

Article 22 Preparation for a crime refers to the preparation of tools and conditions for a crime.

A preparatory offender may be given a lighter or mitigated punishment or exempted from punishment in comparison with a completed offender.

Article 23 An attempt to commit a crime refers to an attempt to commit a crime if the attempt is unsuccessful for reasons other than the will of the criminal.

An attempted offender may be given a lighter or mitigated punishment in comparison with an accomplished offender.

Article 24 Discontinuation of a crime refers to a person who, in the course of committing a crime, voluntarily abandons the crime or automatically and effectively prevents the consequences of the crime from occurring.

If a discontinued offender has caused no harm, he shall be exempted from punishment; If damage is caused, the punishment shall be mitigated.

Section 3 Joint Crime

Article 25 A joint crime refers to an intentional crime committed jointly by two or more persons.

A negligent crime committed jointly by two or more persons shall not be regarded as a joint crime; Those who should bear criminal responsibility shall be punished separately according to the crimes they have committed.

Article 26 A principal offender is a person who organizes or leads a criminal group to carry out criminal activities or plays a major role in a joint crime.

A relatively fixed criminal organization composed of three or more persons for the purpose of jointly committing a crime is a criminal group.

The ringleaders who organize and lead criminal groups shall be punished according to all the crimes committed by the groups.

A principal offender other than those specified in the third paragraph shall be punished according to all the crimes he has participated in, organized or directed.

Article 27 An accomplice refers to a person who plays a secondary or auxiliary role in a joint crime.

An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

Article 28 A person who is coerced to participate in a crime shall be given a mitigated punishment or exempted from punishment according to the circumstances of his crime.

Article 29 Whoever instigates another person to commit a crime shall be punished according to the role he plays in a joint crime. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

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

Section 4 Unit Crimes

Article 30 If a company, enterprise, institution, government organ or organization commits an act endangering society that is prescribed by law as a crime committed by a unit, it shall bear criminal responsibility.

Article 31 Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to criminal punishment. Where the specific provisions of this Law and other laws provide otherwise, such provisions shall prevail.

Chapter III Penalties

Section 1 Types of Penalties

Article 32 Penalties are divided into principal punishments and supplementary punishments.

Article 33 The principal punishments are as follows:

（1） Regulation;

（2） Criminal detention;

（3） Fixed-term imprisonment;

（4） Life imprisonment;

（5） The death penalty.

Article 34 The types of supplementary punishments are as follows:

（1） Fine;

（2） Deprivation of political rights;

（3） Confiscation of property.

Additional punishments may also be applied independently.

Article 35 Deportation may be applied independently or additionally to foreigners who commit crimes.

Article 36 If the victim suffers economic losses as a result of a criminal act, the criminal shall, in addition to being given criminal punishment according to law, be sentenced to compensate for the economic losses according to the circumstances.

If a criminal who is liable for civil compensation is sentenced to a fine at the same time, but his property is not enough to pay the full amount, or is sentenced to confiscation of property, he shall first bear the civil liability for compensation to the victim.

Article 37 If the circumstances of the crime are minor and do not require criminal punishment, the offender may be exempted from criminal punishment. However, depending on the different circumstances of the case, the offender may be admonished or ordered to sign a statement of repentance, make an apology, or compensate for losses, or the competent department may impose administrative punishment or administrative sanction.

Article 37-1 If a person is sentenced to criminal punishment for committing a crime by taking advantage of professional facilities, or for committing a crime against a specific obligation of professional requirements, the people's court may, in light of the circumstances of the crime and the need to prevent recidivism, prohibit him from engaging in the relevant occupation from the date when the criminal punishment is completed or from the date of parole, with a period of three to five years.

If a person who is prohibited from engaging in the relevant occupation violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall punish him according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.

If there are other prohibitions or restrictions in other laws and administrative regulations on their engagement in relevant professions, their provisions shall prevail.

Section II Control

Article 38 The term of public surveillance shall be not less than three months but not more than two years.

When sentenced to public surveillance, criminals may, according to the circumstances of the crime, be prohibited from engaging in specific activities, entering specific areas and places and contacting specific persons during the execution of the sentence.

Criminals sentenced to public surveillance shall be subject to community correction according to law.

Violation of the prohibition order specified in the second paragraph shall be punished by the public security organ in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security.

Article 39 A criminal sentenced to public surveillance shall, during the period of execution, observe the following provisions:

（1） Abide by laws and administrative regulations and obey supervision;

（2） Without the approval of the executing organ, the right to freedom of speech, publication, assembly, association, procession and demonstration shall not be exercised;

（3） Report on their own activities as required by the executing organ;

（4） Abide by the regulations of the executive organ on receiving guests;

（5） To leave the city or county where he lives or to move to another place, he shall report to and obtain the approval of the executing organ.

Criminals sentenced to public surveillance shall receive equal pay for equal work in labor.

Article 40 When the term of public surveillance expires for a criminal sentenced to public surveillance, the executing organ shall immediately announce the termination of public surveillance to himself and his work unit or the people in his place of residence.

Article 41 A term of public surveillance shall be counted from the day the judgment is executed; If a person is held in custody before the execution of the judgment, one day in custody shall be converted into two days of the term of imprisonment.

Section 3 Criminal detention

Article 42 The term of criminal detention shall be not less than one month but not more than six months.

Article 43 A criminal sentenced to criminal detention shall be executed by the public security organ in the nearest place.

During the period of execution, a criminal sentenced to criminal detention may return home for one to two days each month; Those who take part in labor may be given remuneration as appropriate.

Article 44 A term of criminal detention shall be counted from the day the judgment is executed; If a person is held in custody before the execution of the judgment, one day in custody shall be equivalent to one day of the sentence.

Section 4 Fixed term imprisonment and life imprisonment

Article 45 The term of fixed-term imprisonment shall be not less than six months but not more than 15 years, except as provided for in Articles 50 and 69 of this Law.

Article 46 A criminal sentenced to fixed-term imprisonment or life imprisonment shall execute his sentence in a prison or other place of execution; Anyone who has the ability to work should participate in labor, receive education and reform.

Article 47 A term of fixed-term imprisonment shall be counted from the day the judgment is executed; If a person is held in custody before the execution of the judgment, one day in custody shall be equivalent to one day of the sentence.

Section 5 Death Penalty

Article 48 The death penalty shall only be applied to criminals who have committed extremely serious crimes. If it is not necessary to execute the sentence immediately, a criminal who should be sentenced to death may be sentenced to death with a two-year suspension of execution.

The death penalty shall be submitted to the Supreme People's Court for approval, except that it shall be decided by the Supreme People's Court according to law. A death sentence with a suspension of execution may be sentenced or approved by a higher people's court.

Article 49 The death penalty shall not be applied to persons who were under the age of 18 at the time of committing a crime or to women who were pregnant at the time of trial.

The death penalty shall not be applied to persons who have reached the age of 75 at the time of trial, except those who have caused death by particularly cruel means.

Article 50 If a person is sentenced to death with a suspension of execution, if he does not commit an intentional crime during the period of suspension of execution, he shall be commuted to life imprisonment after the expiration of two years; If he has truly performed significant meritorious service, he shall be reduced to 25 years of fixed-term imprisonment upon the expiration of the two-year period; If an intentional crime is committed and the circumstances are flagrant, the death penalty shall be executed after it is reported to the Supreme People's Court for approval; If the death penalty is not executed for an intentional crime, the period of suspension of execution of the death penalty shall be recalculated and reported to the Supreme People's Court for the record.

For recidivists sentenced to death with a suspension of execution and criminals sentenced to death with a suspension of execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes, the people's court may, according to the circumstances of the crime, decide at the same time to restrict or commute their sentences.

Article 51 The period of suspension of execution of a death sentence shall be counted from the day the judgment is finalized. A term of fixed-term imprisonment commuted from a death sentence with a suspension of execution shall be counted from the date when the suspension of execution expires.

Section 6 Fines

Article 52 When imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime.

Article 53 The fine shall be paid once or in installments within the time limit specified in the judgment. If it fails to pay at the expiration of the time limit, it shall be compulsorily paid. If the fine cannot be paid in full, the people's court shall recover it at any time when it finds that the person subjected to execution has property that can be enforced.

If it is really difficult to pay due to irresistible disasters or other reasons, the people's court may, after ruling, postpone the payment, reduce or exempt it as appropriate.

Section 7 Deprivation of Political Rights

Article 54 Deprivation of political rights means deprivation of the following rights:

（1） The right to vote and stand for election;

（2） The right to freedom of speech, publication, assembly, association, procession and demonstration;

（3） The right to hold positions in state organs;

（4） The right to hold leadership positions in state-owned companies, enterprises, institutions and people's organizations.

Article 55 The term of deprivation of political rights shall be not less than one year but not more than five years, except as provided for in Article 57 of this Law.

If a public surveillance sentence is imposed with deprivation of political rights, the period of deprivation of political rights shall be the same as that of public surveillance, and shall be executed simultaneously.

Article 56 Criminals who endanger national security shall be additionally deprived of their political rights; Criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order may be deprived of their political rights in addition.

Where deprivation of political rights is applied independently, the specific provisions of this Law shall apply.

Article 57 A criminal sentenced to death or life imprisonment shall be deprived of his political rights for life.

When the death penalty with a suspension of execution is commuted to fixed-term imprisonment or life imprisonment is commuted to fixed-term imprisonment, the term of additional deprivation of political rights shall be changed to not less than three years but not more than 10 years.

Article 58 A term of additional deprivation of political rights shall be counted from the date of completion of imprisonment or criminal detention or from the date of parole; The effect of deprivation of political rights shall, of course, be applied during the period of execution of the principal punishment.

Criminals deprived of political rights shall, during the period of execution, abide by laws, administrative regulations and the provisions of the public security department under the State Council on supervision and administration, and obey supervision; They shall not exercise the rights prescribed in Article 54 of this Law.

Section 8 Confiscation of Property

Article 59 Confiscation of property is the confiscation of part or all of the property owned by a criminal. If all the property is confiscated, the necessary living expenses shall be reserved for the individual criminal and the family members he supports.

When a sentence of confiscation of property is imposed, the property owned or due to the criminal's family members may not be confiscated.

Article 60 If it is necessary to repay the legitimate debts of the criminal with the confiscated property before confiscation of property, the debts shall be repaid upon the request of the creditor.

Chapter IV Specific Application of Penalties

Section 1 Sentencing

Article 61 When sentencing a criminal, a sentence shall be imposed in accordance with the facts of the crime, the nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.

Article 62 If a criminal has the circumstances of a heavier or lighter punishment as prescribed in this Law, he shall be sentenced to punishment within the limits of the statutory punishment.

Article 63 If a criminal has the circumstances of mitigated punishment as prescribed in this Law, he shall be sentenced to a punishment below the statutory punishment; If this Law provides for several ranges of sentencing, punishment shall be imposed within the range of sentencing next to the statutory range of sentencing.

Although a criminal does not have the circumstances of a mitigated punishment as provided for in this Law, he may, in light of the special circumstances of the case and with the approval of the Supreme People's Court, be sentenced to a punishment below the statutory punishment.

Article 64 All property illegally obtained by criminals shall be recovered or ordered to return or compensate; The lawful property of the victim shall be returned in a timely manner; Contraband and personal property used for the crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself.

Section 2 Recidivists

Article 65 If a criminal who is sentenced to fixed-term imprisonment or more commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the completion of the sentence or a pardon, he is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of 18.

The time limit specified in the preceding paragraph shall be counted from the date of expiration of the parole period for the criminal who is paroled.

Article 66 Criminals who commit crimes against national security, crimes of terrorist activities, and organized crimes of underworld nature at any time after the completion of punishment or amnesty, if they commit any of the above-mentioned crimes again, they shall be punished as recidivists.

Section 3 Voluntary surrender and meritorious service

Article 67 Voluntary surrender refers to a person who voluntarily surrenders after committing a crime and truthfully confesses his crime. Criminals who voluntarily surrender may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment.

If a criminal suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses his other crimes that the judicial organ has not yet mastered, he shall be deemed to have surrendered himself.

A criminal suspect who does not have the circumstances of voluntary surrender specified in the preceding two paragraphs but truthfully confesses his crime may be given a lighter punishment; If he truthfully confesses his crime and avoids particularly serious consequences, he may be given a mitigated punishment.

Article 68 If a criminal has rendered meritorious service by exposing another person's criminal act, which is verified to be true, or by providing important clues so that other cases can be solved, he may be given a lighter or mitigated punishment; Those who have performed major meritorious service may be given a mitigated punishment or exempted from punishment.

Section 4 Combined Punishment for Several Crimes

Article 69 If a person commits several crimes before the judgment is pronounced, except for those sentenced to death or life imprisonment, the term of imprisonment shall be determined according to the circumstances, not more than three years of public surveillance, not more than one year of criminal detention, and not more than 20 years if the total term of fixed-term imprisonment is less than 35 years, If the total term of imprisonment is more than 35 years, the maximum term may not exceed 25 years.

Fixed term imprisonment shall be executed for those who are sentenced to fixed-term imprisonment or criminal detention among several crimes. If, among several crimes, there is a sentence of fixed-term imprisonment or public surveillance, or criminal detention or public surveillance, public surveillance must still be executed after the completion of the execution of fixed-term imprisonment or criminal detention.

If a supplementary punishment is imposed on several crimes, the supplementary punishment shall still be executed. If the supplementary punishment is of the same type, it shall be executed jointly; if the supplementary punishment is of different types, it shall be executed separately.

Article 70 If, after the judgment has been pronounced but before the punishment has been executed, it is discovered that the sentenced criminal has committed other crimes for which he has not been sentenced before the judgment has been pronounced, a judgment shall be rendered for the newly discovered crimes, and the punishment to be executed shall be decided on the basis of the punishments imposed in the previous and subsequent judgments and in accordance with the provisions of Article 69 of this Law. The term already executed shall be counted as within the term decided in the new judgment.

Article 71 If, after the judgment has been pronounced but before the punishment has been completely executed, the sentenced criminal commits another crime, a judgment shall be rendered for the newly committed crime, and the punishment to be executed shall be determined according to the provisions of Article 69 of this Law on the basis of the punishment that was not executed for the previous crime and the punishment that was imposed for the subsequent crime.

Section 5 Probation

Article 72 If a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years meets the following conditions at the same time, his sentence may be suspended, and suspension shall be announced for those under the age of 18, pregnant women and those who have reached the age of 75:

（1） The circumstances of the crime are relatively minor;

（2） Show repentance;

（3） There is no danger of committing another crime;

（4） Proclamation of probation has no significant adverse impact on the community where they live.

When a suspension of sentence is declared, it may, according to the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas and places and contacting specific people during the probation period for suspension of sentence.

If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment must still be executed.

Article 73 The probation period for suspension of criminal detention shall be not less than the term originally sentenced but not more than one year, but not less than two months.

The probation period for suspension of fixed-term imprisonment shall be not less than the original sentence but not more than five years, but not less than one year.

The probation period for suspension of sentence shall be counted from the day the judgment is determined.

Article 74 Suspension of sentence shall not apply to recidivists and ringleaders of criminal groups.

Article 75 A criminal whose sentence is suspended shall observe the following provisions:

（1） Abide by laws and administrative regulations and obey supervision;

（2） Report on their own activities in accordance with the provisions of the investigating authority;

（3） Abide by the regulations of the investigation organ on receiving visitors;

（4） Any departure from the city or county where he lives or any change in residence shall be reported to and approved by the investigation organ.

Article 76 A criminal whose sentence has been suspended shall, within the probation period for suspension of sentence, be subject to community correction according to law. If there are no circumstances as prescribed in Article 77 of this Law, the original sentence shall not be executed at the expiration of the probation period for suspension of sentence, and it shall be announced publicly.

Article 77 If a criminal whose sentence is suspended commits a new crime during the probation period for suspension of sentence, or if it is discovered that there are other crimes for which he has not been sentenced before the judgment is pronounced, the suspension shall be revoked, a judgment shall be rendered for the newly committed or discovered crime, and the punishment to be executed shall be determined according to the provisions of Article 69 of this Law on the basis of the punishments imposed for the former and the latter crimes.

If, during the probation period for suspension of sentence, a criminal whose sentence has been suspended violates the laws, administrative regulations or the provisions of the relevant departments of the State Council on supervision and administration of suspension of sentence, or violates the prohibition order in the judgment of the people's court, if the circumstances are serious, the suspension shall be revoked and the original sentence executed.

Section 6 Commutation of Sentences

Article 78 A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence commuted if, during the period of execution, he conscientiously observes prison regulations, accepts education and reform, and shows true repentance or performs meritorious service; A person who has performed one of the following major meritorious services shall have his sentence commuted:

（1） Stopping others from committing major criminal activities;

（2） Reporting major criminal activities inside and outside the prison, which are verified through investigation;

（3） Having inventions, creations or major technological innovations;

（4） Sacrificing oneself to save others in daily production and life;

（5） Outstanding performance in resisting natural disasters or eliminating major accidents;

（6） Having made other significant contributions to the country and society.

The term actually executed after commutation shall not be less than the following:

（1） If a sentence of public surveillance, criminal detention or fixed-term imprisonment is imposed, it shall not be less than half of the original sentence;

（2） If life imprisonment is imposed, it shall not be less than 13 years;

（3） If a criminal whose death sentence is suspended by a people's court in accordance with the provisions of the second paragraph of Article 50 of this Law and whose commutation of sentence is restricted, he shall be commuted to life imprisonment according to law after the expiration of the suspension of execution, he shall not be less than twenty-five years; if he is commuted to twenty-five years' fixed-term imprisonment according to law after the expiration of the suspension of execution, he shall not be less than twenty years.

Article 79 For commutation of a criminal's sentence, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. The people's court shall form a collegial panel to hear the case, and shall order commutation of sentence if there is true repentance or meritorious service. No sentence may be commuted without going through legal procedures.

Article 80 A term of fixed-term imprisonment that is commuted from life imprisonment shall be counted from the date of the order of commutation.

Section 7 Parole

Article 81 A criminal sentenced to fixed-term imprisonment who has served more than half of the term of the original sentence, or a criminal sentenced to life imprisonment who has served more than 13 years may be released on parole if he conscientiously observes prison regulations, accepts education and reform, shows true repentance, and is not in danger of committing another crime. If there are special circumstances, with the approval of the Supreme People's Court, the above restrictions on the term of imprisonment may not apply.

No parole shall be granted to recidivists or criminals who are sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, dangerous substances or organized violent crimes.

When deciding on parole for a criminal, the impact of his parole on his community shall be taken into consideration.

Article 82 Parole of a criminal shall be granted in accordance with the procedure prescribed in Article 79 of this Law. No parole is allowed without legal procedures.

Article 83 The probation period for parole of fixed-term imprisonment shall be the term that has not been completed; The probation period for parole of life imprisonment is ten years.

The probation period for parole shall be counted from the date of parole.

Article 84 A criminal who has been granted parole shall observe the following provisions:

（1） Abide by laws and administrative regulations and obey supervision;

（2） Report on their own activities in accordance with the provisions of the supervisory authority;

（3） Abide by the regulations of the supervisory authority on receiving guests;

（4） Any departure from the city or county where he lives or any change in residence shall be reported to and approved by the supervisory organ.

Article 85 A criminal who is granted parole shall be subject to community correction according to law during the probation period for parole. If there are no circumstances specified in Article 86 of this Law, the original sentence shall be deemed to have been executed after the probation period for parole expires, and a public announcement shall be made.

Article 86 If a criminal who is granted parole commits a new crime during the probation period for parole, his parole shall be revoked and he shall be given a combined punishment for several crimes in accordance with the provisions of Article 71 of this Law.

If, during the probation period for parole, it is found that the criminal who has been paroled has committed other crimes before the judgment is pronounced but has not been sentenced, the parole shall be revoked and a combined punishment for several crimes shall be imposed in accordance with the provisions of Article 70 of this Law.

If, during the probation period for parole, a criminal who has been paroled commits an act in violation of laws, administrative regulations or the provisions of the relevant departments of the State Council on supervision and administration of parole, which has not yet constituted a new crime, the parole shall be revoked in accordance with legal procedures, and he shall be put into prison to execute the unfinished criminal punishment.

Section VIII Limitation

Article 87 A crime shall not be prosecuted after the following periods have elapsed:

（1） Five years, if the maximum punishment prescribed is fixed-term imprisonment of less than five years;

（2） 10 years, if the maximum punishment prescribed is fixed-term imprisonment of not less than five years but not more than 10 years;

（3） Fifteen years, if the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years;

（4） If the maximum punishment prescribed is life imprisonment or death penalty, 20 years shall elapse. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval.

Article 88 A person who evades investigation or trial after a People's Procuratorate, a public security organ or a State security organ has filed a case for investigation or after a People's Court has accepted a case shall not be restricted by the time limit for prosecution.

If the victim files a complaint within the time limit for prosecution and the people's court, the people's procuratorate or the public security organ should file a case but should not, the time limit for prosecution shall not apply.

Article 89 The time limit for prosecution shall be counted from the date of the crime; If the criminal act is in a continuous or continuous state, it shall be counted from the date the criminal act ends.

If another crime is committed within the time limit for prosecution, the time limit for prosecution of the previous crime shall be counted from the date of the subsequent crime.

Chapter V Other Provisions

Article 90 Where the provisions of this Law cannot be fully applied in national autonomous areas, the people's congresses of autonomous regions or provinces may, in accordance with the political, economic and cultural characteristics of the local nationalities and the basic principles laid down in this Law, formulate adaptive or supplementary provisions, which shall be submitted to the Standing Committee of the National People's Congress for approval and implementation.

Article 91 "Public property" as mentioned in this Law refers to the following property:

（1） State-owned property;

（2） Property collectively owned by the working people;

（3） Property of social donations or special funds used for poverty alleviation and other public welfare undertakings.

Private property in the management, use or transportation of state organs, state-owned companies, enterprises, collective enterprises and people's organizations shall be regarded as public property.

Article 92 "Citizens' privately owned property" as mentioned in this Law refers to the following property:

（1） Citizens' lawful income, savings, housing and other means of subsistence;

（2） Means of production legally owned by individuals and families;

（3） Legal property of self-employed and private enterprises;

（4） Shares, stocks, bonds and other property owned by individuals according to law.

Article 93 "State functionaries" as mentioned in this Law refers to persons who engage in public service in State organs.

Personnel engaged in public service in State owned companies, enterprises, institutions and people's organizations, and personnel assigned by State organs, State owned companies, enterprises and institutions to non-state-owned companies, enterprises, institutions and social organizations to engage in public service, as well as other personnel engaged in public service according to law, shall be regarded as State functionaries.

Article 94 The term "judicial personnel" as used in this Law refers to personnel who have the functions of investigation, prosecution, adjudication and supervision.

Article 95 The term "serious injury" as used in this Law means any of the following:

（1） Causing a person to become disabled or disfigure;

（2） Causing people to lose hearing, vision or other organ functions;

（3） Other serious injuries to personal health.

Article 96 "Violation of State regulations" as mentioned in this Law refers to violation of laws and decisions enacted by the National People's Congress and its Standing Committee, and administrative regulations, administrative measures, decisions and orders issued by the State Council.

Article 97 The term "ringleader" as used in this Law refers to a criminal who plays the role of organizing, planning and directing in a crime committed by a criminal group or a crowd.

Article 98 "To be handled only upon complaint" as mentioned in this Law means that the victim shall be handled only upon complaint. If the victim is unable to bring a complaint because of coercion or intimidation, the People's Procuratorate and the close relatives of the victim may also bring a complaint.

Article 99 The terms "not less than", "not more than" and "within" as used in this Law include the given figure.

Article 100 A person who has been subjected to criminal punishment according to law shall, when enlisting in the armed forces or finding employment, truthfully report to the units concerned that he has been subjected to criminal punishment, and may not conceal it.

A person who was under the age of 18 at the time of the crime and sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligation specified in the preceding paragraph.

Article 101 The general provisions of this Law shall apply to other laws that provide for criminal punishments, except those that are specifically provided for by other laws.

Part II Specific Provisions

Chapter I Crimes of Endangering State Security

Article 102 Whoever colludes with a foreign country to endanger the sovereignty, territorial integrity and security of the People's Republic of China shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years.

Whoever commits the crime mentioned in the preceding paragraph in collusion with institutions, organizations or individuals outside the territory of China shall be punished in accordance with the provisions of the preceding paragraph.

Article 103 The ringleaders or those who commit major crimes in organizing, planning or carrying out activities to split the country and undermine national unity shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; Those who participate actively shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever incites to split the country or undermine national unity shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; The ringleaders or those who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.

Article 104 Where an armed rebellion or armed riot is organized, planned or carried out, the ringleaders or those who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; Those who participate actively shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever instigates, coerces, seduces or bribes State functionaries, members of the armed forces, the people's police or the militia to commit armed rebellion or armed riot shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Article 105 If anyone organizes, plans or implements subversion of the state power or the socialist system, the ringleaders or those who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; Those who participate actively shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever incites subversion of state power or overthrow of the socialist system by spreading rumors, slander or other means shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; The ringleaders or those who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.

Article 106 Whoever commits the crime prescribed in Articles 103, 104 and 105 of this Chapter in collusion with institutions, organizations or individuals outside the territory of China shall be given a heavier punishment in accordance with the provisions of those Articles respectively.

Article 107 Where an institution, organization or individual inside or outside the territory of China subsidizes the commission of a crime as prescribed in Articles 102, 103, 104 or 105 of this Chapter, the person who is directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 108 Whoever defectes to the enemy shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are serious or if he leads members of the armed forces, the people's police or the militia to turn to the enemy and mutiny, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 109 Any functionary of a State organ who, while performing his official duties, leaves his post without permission and defectes abroad or abroad shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Any State functionary who has State secrets and defectes or defectes outside the country shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Article 110 Whoever commits one of the following acts of espionage, thereby endangering State security, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:

（1） Joining an espionage organization or accepting the task of an espionage organization or its agent;

（2） Indicating the target of bombardment for the enemy.

Article 111 Whoever steals, spies on, buys or illegally provides state secrets or intelligence for institutions, organizations or personnel outside the country shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 112 Whoever supplies weapons and equipment or military materials to the enemy during wartime shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 113 Among the crimes against State security mentioned above in this Chapter, with the exception of the second paragraph of Article 103, Article 105, Article 107, and Article 109, if they cause especially serious harm to the State and the people and the circumstances are especially flagrant, they may be sentenced to death.

Whoever commits a crime under this Chapter may concurrently have his property confiscated.

Chapter II Crimes of Endangering Public Security

Article 114 Whoever commits arson, breaches a dike, explodes, drops poisonous, radioactive, infectious disease pathogens or other substances or endangers public security by other dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 115 Whoever commits arson, breaches a dike, explodes, throws poisonous, radioactive, infectious disease pathogens or other substances, or uses other dangerous methods to cause serious injury or death to a person or cause heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 116 Whoever sabotages a train, automobile, trolley bus, ship or aircraft, which is enough to cause a danger of overturning or destruction of the train, automobile, trolley bus, ship or aircraft, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 117 Whoever sabotages tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs or conducts other sabotage activities, which is enough to cause the danger of overturning or destruction of trains, automobiles, trams, ships or aircraft, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 118 Whoever sabotages electric power, gas or other inflammable and explosive equipment, thereby endangering public security, but without causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 119 Whoever sabotages means of transport, transportation facilities, electric power equipment, gas equipment, inflammable and explosive equipment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 120 Whoever organizes or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to confiscation of property; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may also be fined.

Whoever commits the crime mentioned in the preceding paragraph and commits such crimes as murder, explosion and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 120-1 Those who finance terrorist organizations or individuals who carry out terrorist activities, or who finance terrorist training, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated of property.

Those who organize, conduct terrorist activities or train, recruit or transport personnel for terrorist activities shall be punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph. "

Article 120 bis Whoever commits one of the following acts shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated of property:

（1） Preparing lethal weapons, dangerous goods or other tools for terrorist activities;

（2） Organizing training for terrorist activities or actively participating in training for terrorist activities;

（3） Contact with overseas terrorist organizations or personnel for the purpose of carrying out terrorist activities;

（4） Planning or making other preparations for the implementation of terrorist activities.

Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 120ter Whoever makes or distributes books, audio and video materials or other articles that publicize terrorism and extremism, or publicizes terrorism and extremism by lecturing or releasing information, or incites terrorist activities, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated of property.

Article 120 quater Whoever uses extremism to incite or coerce the masses to undermine the implementation of marriage, justice, education, social management and other systems established by the laws of the State shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated of property.

Article 120-5 Whoever, by means of violence, coercion or other means, compels another person to wear, or to wear, in a public place clothing or signs that publicize terrorism or extremism shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Article 120-6 Whoever knowingly holds books, audio and video materials or other articles that promote terrorism and extremism, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.

Article 121 Whoever hijacks an aircraft by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If serious injury or death is caused to a person or the aircraft is severely damaged, he shall be sentenced to death.

Article 122 Whoever hijacks a ship or a motor vehicle by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 123 Whoever uses violence against persons on board an aircraft in flight, thereby endangering flight safety, but without causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 124 Whoever sabotages broadcasting and television facilities or public telecommunications facilities, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 125 Whoever illegally manufactures, trades in, transports, mails or stores guns, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever illegally manufactures, trades in, transports or stores toxic, radioactive, infectious disease pathogens and other substances, thereby endangering public security, shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 126 If an enterprise that is designated or determined according to law to manufacture or sell guns, in violation of the regulations on control of guns, commits one of the following acts, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment:

（1） Manufacturing or rationing guns in excess of the quota or not in accordance with the prescribed varieties for the purpose of illegal sales;

（2） Manufacturing guns without numbers, with duplicate numbers or with false numbers for the purpose of illegal sales;

（3） Illegally selling guns or selling guns manufactured for export within the territory of China.

Article 127 Whoever steals or seizes guns, ammunition or explosives, or steals or seizes toxic, radioactive, infectious disease pathogens or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever robs guns, ammunition or explosives, or robs poisonous, radioactive, infectious disease pathogens or other substances, thereby endangering public security, or steals or snatches guns, ammunition or explosives from State organs, military and police personnel or the militia, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 128 Whoever, in violation of the regulations on control of guns, illegally holds or conceals guns or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Persons who are lawfully equipped with guns for official use and illegally lease or lend guns shall be punished in accordance with the provisions of the preceding paragraph.

Any person who is lawfully equipped with guns and illegally leases or lends guns, thus causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.

Where a unit commits the crime mentioned in the second or third paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 129 If a person who is lawfully equipped with a gun for official use loses his gun and fails to report it in time, thereby causing serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 130 Whoever illegally carries guns, ammunition, controlled knives or explosive, inflammable, radioactive, toxic or corrosive substances into public places or public transport vehicles, thereby endangering public security, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 131 Any airman who violates the rules and regulations and causes a serious flight accident, which has serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If an aircraft crash or death is caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 132 Any railway worker who violates the rules and regulations, thereby causing a railway operation safety accident and causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 133 Whoever violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1 Whoever drives a motor vehicle on the road shall be sentenced to criminal detention and a fine under any of the following circumstances:

（1） Chasing and racing, and the circumstances are bad;

（2） Driving a motor vehicle drunk;

（3） Engaging in school bus business or passenger transportation, which seriously exceeds the rated passenger capacity or the specified speed per hour;

（4） Transporting hazardous chemicals in violation of the regulations on safety management of hazardous chemicals, endangering public safety.

If the owner or manager of a motor vehicle is directly responsible for the acts in Item 3 or Item 4 of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 133 bis Whoever uses violence or takes control of the driving control device against the driver of a moving public transport vehicle, thus interfering with the normal operation of the public transport vehicle and endangering public safety, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.

Any driver as mentioned in the preceding paragraph who leaves his post without permission on a moving public transport vehicle, strikes or assaults another person, thus endangering public security, shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment. "

Article 134 Whoever violates the provisions on safety management in production or operation, thereby causing a serious casualty accident or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever forces another person to work at risk in violation of regulations, or organizes operations at risk knowing that there are hidden dangers of major accidents but does not eliminate them, thus causing a major casualty accident or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 134-1 Whoever, in violation of the provisions on safety management in production or operations, commits one of the following acts, which is in real danger of causing a serious casualty accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance:

（1） Close or destroy the monitoring, alarm, protection, life-saving equipment and facilities directly related to production safety, or tamper with, conceal or destroy their relevant data and information;

（2） Being ordered to stop production or business, construction or use of relevant equipment, facilities or places due to the existence of major potential accidents, or taking immediate measures to eliminate risks

（3） Matters involving production safety are engaged in mining, metal smelting, construction, production, operation and storage of dangerous goods and other highly dangerous production activities without approval or permission according to law.

Article 135 If the facilities or conditions for production safety do not conform to the provisions of the State, thus causing a serious casualty accident or other serious consequences, the persons who are directly in charge and the other persons who are directly responsible for the accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 135-1 If a large-scale mass activity is held in violation of the safety management regulations, thus causing an accident of heavy casualties or other serious consequences, the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 136 Whoever, in violation of the regulations on the control of explosive, inflammable, radioactive, toxic or corrosive substances, causes a serious accident in the production, storage, transportation or use, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 137 If a construction unit, a design unit, a construction unit or a project supervision unit, in violation of State regulations, lowers the quality standards of a project and causes a major safety accident, the persons who are directly responsible for the accident shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Article 138 If a person who is directly responsible for an accident involving heavy casualties, knowing that the school buildings or educational and teaching facilities are dangerous, fails to take measures or report in time, thus causing an accident, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 139 Those who violate the regulations on fire control management and refuse to take corrective measures after being notified by the fire control supervision institution, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 139-1 If, after the occurrence of a safety accident, the person who is responsible for reporting the accident fails to report or makes a false report, thereby delaying rescue of the accident, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

CHAPTER III CRIMES OF DISRUPTING THE ORDER OF THE SOCIALIST MARKET ECONOMY

Section 1 Crime of Producing and Selling Fake and Inferior Commodities

Article 140 A producer or seller who adulterates or adulterates his products, passes a fake product off as a genuine one, passes a substandard product off as a good one or passes an substandard product off as a qualified product, if the amount of money sold is not less than 50000 yuan but not more than 200000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also, or shall only, be fined not less than half but not more than two times the amount of money sold; If the amount of sales is not less than 200000 yuan but not more than 500000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined not less than half but not more than two times the amount of sales; If the amount of sales is not less than 500000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than half but not more than two times the amount of sales; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined not less than half but not more than two times the sales amount or be sentenced to confiscation of property.

Article 141 Whoever produces or sells fake medicines shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If death is caused or other especially serious circumstances are involved, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or sentenced to confiscation of property.

Personnel of drug using units who knowingly provide fake drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.

Article 142 Whoever produces or sells medicines of inferior quality, thus causing serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property.

Personnel of drug using units who knowingly provide drugs of inferior quality to others for use shall be punished in accordance with the provisions of the preceding paragraph.

Article 142-1 Whoever, in violation of the laws and regulations governing drugs, commits one of the following acts, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:

（1） Producing or selling drugs prohibited by the drug regulatory department under the State Council;

（2） Producing or importing drugs without obtaining the relevant approval documents for drugs, or selling drugs with the knowledge that they are the above-mentioned drugs;

（3） Providing false certificates, data, materials, samples or taking other deceptive means in the application for registration of drugs;

（4） Fabricating production and inspection records.

Whoever commits the act mentioned in the preceding paragraph, which at the same time constitutes a crime as prescribed in Articles 141 and 142 of this Law or other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 143 Whoever produces or sells food that does not meet the food safety standards, enough to cause a serious food poisoning accident or other serious foodborne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated of property.

Article 144 Whoever mixes toxic or harmful non food raw materials into the food he produces or sells, or knowingly sells food mixed with toxic or harmful non food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If death is caused or other especially serious circumstances are involved, punishment shall be imposed in accordance with the provisions of Article 141 of this Law.

Article 145 Whoever produces medical instruments or medical hygiene materials that do not meet the national or trade standards for safeguarding human health, or knowingly sells medical instruments or medical hygiene materials that do not meet the national or trade standards for safeguarding human health, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, In addition, a fine of not less than 50% but not more than two times the sales amount shall be imposed; If serious harm is caused to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than half but not more than two times the amount of earnings from sales; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than half but not more than two times the amount of earnings from sales or be sentenced to confiscation of property.

Article 146 Producing electrical appliances, pressure vessels, flammable and explosive products that do not meet the national and industrial standards for safeguarding personal and property safety, or other products that do not meet the national and industrial standards for safeguarding personal and property safety, or knowingly selling the above products that do not meet the national and industrial standards for safeguarding personal and property safety, causing serious consequences, To be sentenced to fixed-term imprisonment of not more than five years and to a fine of not less than half but not more than two times the amount of earnings from sales; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than half but not more than two times the amount of sales proceeds.

Article 147 Whoever produces fake pesticides, fake veterinary drugs or fake chemical fertilizers, sells pesticides, veterinary drugs, chemical fertilizers or seeds that he knows are fake or are no longer effective, or a producer or seller passes unqualified pesticides, veterinary drugs, chemical fertilizers or seeds off as qualified ones, thus causing heavy losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, It shall also, or shall only, impose a fine of not less than 50% but not more than two times the sales amount; If heavy losses are caused to production, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than half but not more than two times the amount of earnings from sales; Whoever causes especially heavy losses to production shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than half but not more than two times the amount of earnings from sales or be sentenced to confiscation of property.

Article 148 Whoever produces cosmetics that do not meet hygiene standards or knowingly sells cosmetics that do not meet hygiene standards, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than half but not more than two times the amount of earnings from sales.

Article 149 Whoever produces or sells the products listed in Articles 141 to 148 of this Section, which does not constitute a crime as prescribed in those Articles respectively, but whose sales amount is more than 50000 yuan, shall be convicted and punished in accordance with the provisions of Article 140 of this Section.

Whoever produces or sells the products listed in Articles 141 to 148 of this Section, which constitutes a crime prescribed in those Articles respectively, and at the same time constitutes a crime prescribed in Article 140 of this Section, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 150 Where a unit commits the crime mentioned in Articles 140 to 148 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the Articles respectively.

Section 2 Crimes of Smuggling

Article 151 Whoever smuggles weapons, ammunition, nuclear materials or forged currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or sentenced to confiscation of property; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever smuggles cultural relics, gold, silver and other precious metals whose export is prohibited by the State or precious animals and their products whose import and export are prohibited by the State shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be sentenced to confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined.

Whoever smuggles rare plants and their products and other goods and articles the import and export of which is prohibited by the State shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Where a unit commits the crime prescribed in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the paragraphs of this Article.

Article 152 Whoever, for the purpose of making profits or spreading, smuggles pornographic films, video tapes, audio tapes, pictures, books and periodicals or other pornographic articles shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Whoever evades Customs supervision and control and transports solid waste, liquid waste and gaseous waste from abroad into the country, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.

Article 153 Whoever smuggles goods or articles other than those specified in Articles 151, 152 and 347 of this Law shall, in light of the seriousness of the circumstances, be punished in accordance with the following provisions:

（1） Whoever smuggles goods or articles and evades or dodges relatively large amounts of payable tax, or smuggles again after being given a second administrative penalty for smuggling within one year, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than one time but not more than five times the amount of payable tax evaded or dodged.

（2） Whoever smuggles goods or articles and evades or dodges payable taxes, if the amount is huge or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than one time but not more than five times the amount of payable taxes evaded or dodged.

（3） Whoever smuggles goods or articles and evades or dodges payable duties, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than one time but not more than five times the amount of payable duties evaded or dodged or be sentenced to confiscation of property.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Those who have smuggled goods and articles for many times without being dealt with shall be punished according to the accumulated amount of payable tax evaded or dodged.

Article 154 Whoever commits any of the following acts of smuggling, which constitutes a crime according to the provisions of this Section, shall be convicted and punished in accordance with the provisions of Article 153 of this Law:

（1） Selling bonded goods such as raw materials, parts, finished products and equipment approved for import for processing with supplied materials, assembling with supplied parts, and compensation trade for profit within the territory of China without the permission of the customs and without paying the payable tax;

（2） Selling goods and articles imported with specific tax reduction or exemption for profit within the territory of the People's Republic of China without permission of the Customs and without paying the amount of tax payable.

Article 155 The following acts shall be regarded as crimes of smuggling and punished in accordance with the relevant provisions of this Section:

（1） Directly and illegally purchasing from smugglers articles prohibited by the State from importation, or directly and illegally purchasing from smugglers other smuggled imported goods and articles in relatively large amounts;

（2） Transporting, purchasing or selling in inland waters, territorial seas, boundary rivers or lakes articles whose import or export is prohibited by the State, or transporting, purchasing or selling goods or articles whose import or export is restricted by the State, in large quantities, without legal certificates.

Article 156 Whoever conspires with criminals of smuggling to provide them with loans, funds, account numbers, invoices and certificates, or to provide them with transportation, storage, mailing or other facilities shall be regarded as an accomplice in the crime of smuggling and punished.

Article 157 Whoever shields smuggling with arms shall be given a heavier punishment in accordance with the provisions of the first paragraph of Article 151 of this Law.

Whoever resists smuggling by means of violence or threat shall be punished in accordance with the provisions on combined punishment for several crimes, with the crime of smuggling and the crime of obstructing State functionaries from performing their duties according to law as stipulated in Article 277 of this Law.

SECTION 3 CRIMES OF DISRUPTING THE ADMINISTRATIVE ORDER OF COMPANIES AND ENTERPRISES

Article 158 Whoever, in applying for company registration, falsely reports the registered capital by using false certificates or other fraudulent means, deceives the competent company registration authority and obtains company registration, if the amount of falsely reported registered capital is huge, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, A fine of not less than 1% but not more than 5% of the amount of registered capital falsely reported shall also be imposed, or shall only be imposed.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 159 If a promoter or shareholder of a company, in violation of the provisions of the Company Law, fails to deliver money or material objects or transfer property rights, makes a false capital contribution, or withdraws his capital contribution after the company is established, if the amount involved is huge, the consequences are serious, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, A fine of not less than 2% but not more than 10% of the amount of false capital contribution or the amount of capital withdrawn shall also be imposed, or shall only be imposed.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 160 Whoever conceals important facts or fabricates major false information in the prospectus, subscription form, company or enterprise bond offering measures and other issuance documents, issues shares or company or enterprise bonds, depositary receipts or other securities recognized by the State Council according to law, and has huge amounts, serious consequences or other serious circumstances, To be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the amount is especially huge, the consequences are especially serious, or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

If a controlling shareholder or actual controller organizes or instigates the act mentioned in the preceding paragraph, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 20 percent but not more than one time the amount of illegally raised funds; If the amount is especially huge, the consequences are especially serious, or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20 percent but not more than one time the amount of illegally raised funds.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined not less than 20 percent but not more than one time the amount of the illegally raised funds, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 161 Where a company or enterprise that is obligated to disclose information according to law provides shareholders and the public with false financial and accounting reports or conceals important facts, or fails to disclose other important information that should be disclosed according to law, which seriously harms the interests of shareholders or others, or has other serious circumstances, The persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Where the controlling shareholder or actual controller of a company or enterprise mentioned in the preceding paragraph commits, organizes or instigates the acts mentioned in the preceding paragraph, or conceals relevant matters, resulting in the occurrence of the circumstances mentioned in the preceding paragraph, it shall be punished in accordance with the provisions of the preceding paragraph.

If the controlling shareholder or actual controller who commits the crime mentioned in the preceding paragraph is a unit, the unit shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 162 When a company or enterprise goes into liquidation, if it conceals its property, makes false records in its balance sheet or inventory of property, or distributes its property before paying off its debts, thus seriously harming the interests of creditors or others, the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, It shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan.

Article 162-1 Whoever conceals or intentionally destroys accounting vouchers, account books or financial reports that should be kept according to law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 162 bis Where a company or enterprise commits a false bankruptcy by concealing property, assuming fictitious debts or transferring or disposing of property by other means, thus seriously harming the interests of creditors or others, the persons who are directly in charge and the other persons who are directly responsible for the bankruptcy shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, It shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan.

Article 163 Any employee of a company, enterprise or other unit who, taking advantage of his position, extorts money or property from another person or illegally accepts money or property from another person in order to seek benefits for another person, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

Any employee of a company, enterprise or other unit who, taking advantage of his position in economic exchanges and violating State regulations, accepts rebates and service charges of various descriptions and takes them into his own possession shall be punished in accordance with the provisions of the preceding paragraph.

If a person engaged in public service in a State owned company, enterprise or other State owned unit or a person assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit not owned by the State to engage in public service commits any of the acts mentioned in the preceding two paragraphs, he shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

Article 164 Whoever, for the purpose of seeking illegitimate benefits, gives money or property to the staff of a company, enterprise or other unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever, in order to seek illegitimate commercial interests, gives property to a foreign public official or an official of a public international organization shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

If a briber voluntarily confesses his act of offering bribes before being prosecuted, he may be given a mitigated punishment or exempted from punishment.

Article 165 Any director or manager of a State owned company or enterprise who, taking advantage of his position, operates on his own or for another person the same business as that of the company or enterprise in which he works and gains illegal interests, if the amount involved is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 166 Any employee of a State owned company, enterprise or institution who, taking advantage of his position, commits one of the following acts, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:

（1） Giving the profitable business of the unit to its relatives and friends for operation;

（2） Purchasing commodities from a unit managed by one's relatives or friends at a price significantly higher than the market price or selling commodities to a unit managed by one's relatives or friends at a price significantly lower than the market price;

（3） Purchasing substandard goods from a unit managed by one's relatives or friends.

Article 167 If a person who is directly in charge of a State owned company, enterprise or institution is defrauded due to gross irresponsibility in the process of signing or performing a contract, thus causing heavy losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 168 Any employee of a State owned company or enterprise who, due to his gross neglect of duty or abuse of power, causes bankruptcy or serious losses to the State owned company or enterprise, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Any functionary of a State owned institution who commits the act mentioned in the preceding paragraph, thus causing heavy losses to the interests of the State, shall be punished in accordance with the provisions of the preceding paragraph.

Any employee of a State owned company, enterprise or institution who engages in malpractices for personal gain and commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions of the first paragraph.

Article 169 If a person who is directly in charge of a State owned company or enterprise or the competent department at a higher level engages in malpractices for personal gain and converts State owned assets into shares at a low price or sells them at a low price, thus causing heavy losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 169-1 Any director, supervisor or senior manager of a listed company who, in violation of his duty of loyalty to the company and taking advantage of his position, manipulates the listed company to engage in one of the following acts, thus causing heavy losses to the interests of the listed company, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If it causes particularly heavy losses to the interests of a listed company, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:

（1） Providing funds, commodities, services or other assets to other units or individuals without compensation;

（2） Providing or receiving funds, goods, services or other assets under obviously unfair conditions;

（3） Providing funds, commodities, services or other assets to units or individuals that are obviously unable to repay debts;

（4） Providing guarantee for a unit or individual that is obviously unable to pay off debts, or providing guarantee for other units or individuals without justified reasons;

（5） Giving up creditor's rights and assuming debts without justified reasons;

（6） Harming the interests of the listed company by other means.

Where a controlling shareholder or actual controller of a listed company instigates a director, supervisor or senior manager of a listed company to commit the act mentioned in the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.

If the controlling shareholder or the actual controller of a listed company that commits the crime mentioned in the preceding paragraph is a unit, the unit shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

SECTION 4 CRIMES OF DISRUPTING THE ORDER OF FINANCIAL ADMINISTRATION

Article 170 Whoever forges currencies shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property:

（1） The ringleader of a currency counterfeiting group;

（2） Counterfeiting currencies in a particularly large amount;

（3） There are other especially serious circumstances.

Article 171 Whoever sells or buys counterfeit currency or knowingly transports counterfeit currency, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

Any employee of a bank or of any other financial institution who buys forged currency or, taking advantage of his position, exchanges forged currency for currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 20000 yuan but not more than 200000 yuan or be sentenced to confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan.

Whoever counterfeits currencies and sells or transports counterfeit currencies shall be convicted and given a heavier punishment in accordance with the provisions of Article 170 of this Law.

Article 172 Whoever knowingly holds or uses counterfeit currency, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

Article 173 Whoever alters currencies, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

Article 174 Whoever establishes a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution without the approval of the relevant competent department of the State shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan.

Whoever forges, alters or transfers the business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 175 Whoever, for the purpose of making profits by transferring loans, fraudulently obtains credit funds from financial institutions and transfers them to others at high interest, if the amount of illegal gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than one time but not more than five times the illegal gains; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than one time but not more than five times the illegal gains.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 175-1 Whoever obtains a loan, bill acceptance, letter of credit or letter of guarantee from a bank or other financial institution by deception, thus causing heavy losses to the bank or other financial institution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially heavy losses to banks or other financial institutions or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. "

Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in a disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Those who have committed the acts mentioned in the preceding two paragraphs and actively return stolen goods and compensation before initiating public prosecution to reduce the occurrence of damage may be given a lighter or mitigated punishment.

Article 177 Whoever commits any of the following acts and forges or alters financial bills shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:

（1） Forging or altering bills of exchange, promissory notes or cheques;

（2） Forging or altering other bank settlement vouchers such as entrusted collection vouchers, remittance vouchers, bank deposit receipts;

（3） Forging or altering letters of credit or accompanying bills and documents;

（4） Forged credit cards.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 177-1 Whoever commits any of the following acts, thus impeding the administration of credit cards, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan:

（1） Those who knowingly hold or transport forged credit cards, or those who knowingly hold or transport forged blank credit cards in large quantities;

（2） Illegally holding a large number of other people's credit cards;

（3） Using false identity certificates to obtain credit cards;

（4） Selling, purchasing, or providing others with forged credit cards or credit cards obtained through fraudulent identification.

Whoever steals, buys or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.

Any staff member of a bank or other financial institution who, taking advantage of his position, commits the crime mentioned in the second paragraph shall be given a heavier punishment.

Article 178 Whoever forges or alters treasury bills or other State issued securities, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

Whoever forges or alters stocks or company or enterprise bonds, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.

Article 179 Whoever issues shares or company or enterprise bonds without the approval of the relevant competent department of the State, if the amount involved is huge and the consequences are serious, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one percent but not more than five percent of the funds illegally raised.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 180 Insiders of insider information on securities and futures trading or those who illegally obtain insider information on securities and futures trading buy or sell the securities, engage in futures trading related to the insider information, or disclose the information, before the information involving the issuance of securities, securities and futures trading or other information that has a significant impact on the prices of securities and futures trading has been disclosed, Or explicitly or implicitly indicates that another person is engaged in the above-mentioned trading activities, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than one time but not more than five times the illegal gains.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

The scope of inside information and insiders shall be determined in accordance with the provisions of laws and administrative regulations.

Employees of stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks, insurance companies and other financial institutions, as well as staff members of relevant regulatory authorities or industry associations, use other undisclosed information other than the inside information obtained for the convenience of their positions, violate regulations, engage in securities If futures trading activities, or explicitly or implicitly engaging in relevant trading activities, are serious, they shall be punished in accordance with the provisions of the first paragraph.

Article 181 Whoever fabricates and disseminates false information that affects securities and futures trading and disturbs the securities and futures trading market, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan.

Employees of stock exchanges, futures exchanges, securities companies, futures brokerage companies, and staff members of the securities industry associations, futures industry associations, or securities and futures regulatory departments who deliberately provide false information or forge, alter, or destroy transaction records to induce investors to buy or sell securities and futures contracts, causing serious consequences, To be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 182 Whoever, under any of the following circumstances, manipulates the securities and futures markets and affects the prices or volume of securities and futures trading, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined:

（1） Individually or in collusion, pooling capital advantages, shareholding or position advantages, or using information advantages to jointly or continuously buy and sell;

（2） Colluding with others to trade securities and futures at the time, price and manner agreed in advance;

（3） Trading securities between accounts under their actual control, or buying and selling futures contracts with themselves as trading partners;

（4） Those who frequently or massively declare the purchase or sale of securities or futures contracts and cancel the declaration without the purpose of concluding transactions;

（5） Using false or uncertain major information to induce investors to trade securities and futures;

（6） Making evaluation, prediction or investment suggestions on the disclosure of securities, securities issuers and futures trading objects, and conducting reverse securities trading or related futures trading at the same time;

（7） Manipulating the securities and futures markets by other means.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. "

Article 183 Any employee of an insurance company who, taking advantage of his position, deliberately fabricates an insured accident that has not occurred and makes false claims, thus defrauding insurance money into his own possession, shall be convicted and punished in accordance with the provisions of Article 271 of this Law.

Any employee of a state-owned insurance company or any person assigned by a state-owned insurance company to a non-state-owned insurance company to engage in public service who commits the act mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

Article 184 Any employee of a bank or of any other financial institution who, in the course of financial business activities, demands money or property from another person or illegally accepts money or property from another person in order to seek benefits for another person, or who, in violation of State regulations, accepts rebates or service charges of various descriptions and takes them into his own possession, shall be convicted and punished in accordance with the provisions of Article 163 of this Law.

Any employee of a State owned financial institution or any person assigned by a State owned financial institution to a non-state-owned financial institution to engage in public service who commits the act mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

Article 185 Any employee of a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution who, taking advantage of his position, misappropriates the funds of his own unit or client shall be convicted and punished in accordance with the provisions of Article 272 of this Law.

Staff of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, as well as state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies Any person assigned by an insurance company or other state-owned financial institution to engage in public service in a non-state-owned institution mentioned in the preceding paragraph who commits the act mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

Article 185-1 Where a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution violates its fiduciary obligations and uses client funds or other entrusted or trusted properties without authorization, if the circumstances are serious, it shall be fined, and the persons directly in charge and other persons directly responsible shall be punished, Sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine of not less than 30000 yuan but not more than 300000 yuan; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan.

If public fund management organizations such as social security fund management organizations, housing fund management organizations, and insurance companies, insurance asset management companies, and securities investment fund management companies use funds in violation of state regulations, their directly responsible executives and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 186 Any employee of a bank or of any other financial institution who, in violation of State regulations, grants loans, if the amount involved is huge or heavy losses are caused, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10000 yuan but not more than 100000 yuan; If the amount is especially huge or causes especially heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

Any staff member of a bank or other financial institution who, in violation of State regulations, extends loans to related parties shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.

The scope of related parties shall be determined in accordance with the Law of the People's Republic of China on Commercial Banks and relevant financial regulations.

Article 187 Any staff member of a bank or any other financial institution who absorbs funds from clients but fails to enter them into the accounts, if the amount involved is huge or heavy losses are caused, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is especially huge or causes especially heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 50000 yuan but not more than 500000 yuan.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 188 Any staff member of a bank or other financial institution who, in violation of regulations, issues letters of credit or other letters of guarantee, negotiable instruments, certificates of deposit or certificates of credit standing for others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 189 Any employee of a bank or of any other financial institution who, in the business of negotiable instruments, accepts, pays or guarantees a negotiable instrument that violates the provisions of the Negotiable Instruments Law, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 190 If a State owned company, enterprise or other State owned unit, in violation of State regulations, deposits foreign exchange abroad without authorization, or illegally transfers domestic foreign exchange abroad, if the circumstances are serious, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 191 In order to cover up or conceal the proceeds of drug-related crimes, organized crimes in the nature of mafia, crimes of terrorist activities, crimes of smuggling, crimes of corruption and bribery, crimes of disrupting the order of financial management, crimes of financial fraud and the source and nature of the proceeds, if any of the following acts is committed, the proceeds of the above-mentioned crimes and the proceeds generated therefrom shall be confiscated, To be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined:

（1） Providing capital account;

（2） Converting property into cash, financial instruments or negotiable securities;

（3） Transferring funds through transfer or other payment and settlement methods;

（4） Transferring assets across borders;

（5） Covering up or concealing the source and nature of criminal gains and their proceeds by other means.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Section 5 Crimes of Financial Fraud

Article 192 Whoever, for the purpose of illegal possession, illegally raises funds by fraud, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or sentenced to confiscation of property.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 193 Whoever commits any of the following acts to defraud banks or other financial institutions of loans for the purpose of illegal possession, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:

（1） Fabricating false reasons for introducing funds, projects, etc;

（2） Using false economic contracts;

（3） Using false supporting documents;

（4） Using false property right certificates as security or repeatedly guaranteeing beyond the value of the collateral;

（5） Defrauding loans by other means.

Article 194 Whoever commits any of the following acts of defrauding financial instruments, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:

（1） Knowingly using forged or altered bills of exchange, promissory notes or cheques;

（2） Knowingly using invalidated bills of exchange, promissory notes or cheques;

（3） Illegally using another person's bill of exchange, promissory note or cheque;

（4） Signing and issuing dishonored cheques or cheques not in conformity with the reserved seal, in order to defraud money or property;

（5） The drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without financial guarantee, or makes false records when issuing the bill, thereby defrauding money or property.

Whoever uses forged or altered certificates of entrusted collection, remittance, bank deposit receipts and other bank settlement documents shall be punished in accordance with the provisions of the preceding paragraph.

Article 195 Whoever commits fraud on letters of credit under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:

（1） Using forged or altered letters of credit or accompanying bills and documents;

（2） Using an invalid letter of credit;

（3） Defrauding a letter of credit;

（4） Defrauding letters of credit by other means.

Article 196 Whoever commits any of the following acts of credit card fraud, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:

（1） Using a forged credit card, or using a credit card obtained by fraud with a false identity certificate;

（2） Using an invalid credit card;

（3） Using another person's credit card;

（4） Malicious overdraft.

The malicious overdraft mentioned in the preceding paragraph refers to the act of the cardholder who overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and still refuses to return the overdraft after being urged by the card issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "

Article 197 Whoever uses forged or altered treasury bills or other State issued securities to commit fraud, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

Article 198 Whoever commits insurance fraud under any of the following circumstances, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10000 yuan but not more than 100000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan or be sentenced to confiscation of property:

（1） An applicant deliberately fabricates the subject matter of the insurance and defrauds insurance money;

（2） An applicant, an insured or a beneficiary defrauds insurance money by fabricating false reasons for the occurrence of an insured accident or exaggerating the extent of losses;

（3） An applicant, an insured or a beneficiary defrauds insurance money by fabricating an insurance accident that has not occurred;

（4） An applicant or an insured defrauds insurance money by deliberately causing an insured event that causes property loss;

（5） An applicant or a beneficiary defrauds insurance money by deliberately causing the death, disability or disease of the insured.

Whoever commits any of the acts listed in sub paragraphs (4) and (5) of the preceding paragraph, which simultaneously constitute other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.

If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Where an appraiser, witness or property appraiser of an insurance accident intentionally provides false supporting documents to provide conditions for others to defraud, he shall be regarded as an accomplice in insurance fraud and punished.

Article 200 Where a unit commits the crime mentioned in Article 194 or 195 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may also be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

Section 6 Crimes of Endangering Tax Collection and Management

Article 201 Taxpayers who resort to deception or concealment to make false tax returns or fail to file tax returns and evade paying large amounts of tax, accounting for more than 10 percent of the amount of tax payable, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge and accounts for more than 30 percent of the amount of tax payable, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a withholding agent fails to pay or underpays the amount of tax withheld or collected by the means listed in the preceding paragraph, and the amount is relatively large, it shall be punished in accordance with the provisions of the preceding paragraph.

If the acts mentioned in the preceding two paragraphs have been repeatedly committed and have not been dealt with, they shall be calculated on the basis of the accumulated amount.

Those who have committed the act mentioned in the first paragraph, after the tax authorities have issued a notice of recovery in accordance with the law, make up the tax payable and pay overdue fines, and have been subject to administrative punishment, shall not be investigated for criminal responsibility; However, the exception is those who have been subjected to criminal punishment or administrative punishment twice or more by the tax authorities for evading tax payment within five years.

Article 202 Whoever refuses to pay taxes by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than one time but not more than five times the amount of taxes refused to pay; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than one time but not more than five times the amount of tax he refuses to pay.

Article 203 If a taxpayer fails to pay the tax payable and adopts the means of transferring or concealing property, which makes it impossible for the tax authorities to pursue the amount of tax in arrears, if the amount is between 10000 yuan and 100000 yuan, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the amount of tax in arrears; If the amount is more than 100000 yuan, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the amount of taxes outstanding.

Article 204 Whoever, by means of false export declaration or other deceptive means, defrauds the State of tax refund for export, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than one time but not more than five times the amount of tax defrauded; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than one time but not more than five times the amount of tax defrauded; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the amount of tax defrauded or be sentenced to confiscation of property.

A taxpayer who, after paying tax, defrauds the amount of tax paid by means of deception as prescribed in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 201 of this Law; Where the amount of tax defrauded exceeds the amount of tax paid, a penalty shall be imposed in accordance with the provisions of the preceding paragraph.

Article 205 Whoever falsely writes special invoices for value-added tax or other invoices used to defraud export tax rebates or to offset tax shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount of tax paid is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount of false tax is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

If a unit commits the crime specified in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the amount of tax paid is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the amount of false tax is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Falsely making out special invoices for value-added tax or other invoices used to defraud export tax rebates or to offset taxes refers to one of the acts of falsely making out such invoices for others, for oneself, letting others do so for oneself, or introducing others to do so.

Article 205-1 Whoever falsely writes invoices other than those specified in Article 205 of this Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 206 Whoever forges or sells forged special invoices for value-added tax shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount involved is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount involved is huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

If a unit commits the crime specified in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the amount involved is huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 207 Whoever illegally sells special invoices for value-added tax shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

Article 208 Whoever illegally purchases special invoices for value-added tax or purchases forged special invoices for value-added tax shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan.

Whoever illegally purchases special invoices for value-added tax or purchases forged special invoices for value-added tax and falsely writes or sells them shall be convicted and punished in accordance with the provisions of Article 205, 206 and 207 of this Law respectively.

Article 209 Whoever forges or manufactures without authorization or sells other invoices that can be used to defraud a tax refund for exports or to offset tax shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property.

Whoever forges, manufactures without authorization or sells invoices other than those mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and shall also, or shall only, be fined not less than 10000 yuan but not more than 50000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined not less than 50000 yuan but not more than 500000 yuan.

Whoever illegally sells other invoices that can be used to defraud a tax refund for exports or to offset tax shall be punished in accordance with the provisions of the first paragraph.

Whoever illegally sells invoices other than those specified in the third paragraph shall be punished in accordance with the provisions of the second paragraph.

Article 210 Whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or to offset tax shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Whoever fraudulently obtains special invoices for value-added tax or other invoices that can be used to fraudulently obtain export tax rebates or offset tax shall be convicted and punished in accordance with the provisions of Article 266 of this Law.

Article 210-1 Whoever knowingly holds forged invoices, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 211 Where a unit commits the crime specified in Articles 201, 203, 204, 207, 208 or 209 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the Articles respectively.

Article 212 If a person commits the crime mentioned in Articles 201 to 205 of this Section and is sentenced to a fine or confiscation of property, the tax authorities shall first pursue the payment of the tax and the defrauded export tax refund before the execution.

Section 7 Crimes of Infringement of Intellectual Property Rights

Article 213 Whoever, without the permission of the owner of a registered trademark, uses a trademark identical with his registered trademark on the same kind of goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 214 Whoever knowingly sells goods that are counterfeit registered trademarks, if the amount of illegal gains is relatively large, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 215 Whoever forges or, without authorization, manufactures representations of another person's registered trademark or sells such representations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 216 Whoever counterfeits another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Article 217 Whoever, for the purpose of making profits, commits one of the following acts of infringing upon copyright or copyright related rights, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:

（1） Copying, distributing and disseminating to the public through the information network his written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations without the permission of the copyright owner;

（2） Publishing a book whose exclusive right of publication is enjoyed by others;

（3） Reproducing, distributing and disseminating to the public through information networks the sound recordings and video recordings he has produced without the permission of the producer of the sound recordings and video recordings;

（4） Reproduction and distribution of sound recordings and video recordings of his performances, or dissemination of his performances to the public through information networks, without the permission of the performers;

（5） Producing or selling a work of fine art with the signature of another person;

（6） Without the permission of the copyright owner or the copyright related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect copyright or copyright related rights for his works, audio and video recordings, etc.

Article 218 Whoever, for the purpose of making profits, knowingly sells infringing copies as prescribed in Article 217 of this Law, if the amount of illegal gains is huge, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined.

Article 219 Whoever commits one of the following acts of infringing trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:

（1） Obtaining the obligee's business secrets by theft, bribery, fraud, coercion, electronic intrusion or other improper means;

（2） Disclosing, using or allowing others to use the trade secrets of the obligee obtained by the means mentioned in the preceding paragraph;

（3） Disclosing, using or allowing others to use the trade secrets they hold in violation of their confidentiality obligations or the obligee's requirements for keeping trade secrets.

Those who acquire, disclose, use or allow others to use the trade secret with full knowledge of the acts listed in the preceding paragraph shall be regarded as infringing trade secrets.

The obligee mentioned in this article refers to the owner of trade secret and the user of trade secret approved by the owner of trade secret.

Article 219-1 Whoever steals, spies on, buys or illegally provides trade secrets for institutions, organizations or personnel outside the country shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Article 220 Where a unit commits the crime mentioned in Articles 213 to 219-1 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the Articles in this Section.

Section 8 Crimes of Disturbing Market Order

Article 221 Whoever fabricates and spreads false facts, harms another person's commercial reputation or commodity reputation, causing heavy losses to another person, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also, or shall only, be fined.

Article 222 Advertisers, advertising agents and advertisement publishers who, in violation of State regulations, use advertisements to falsely publicize commodities or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also, or shall only, be fined.

Article 223 Bidders who collude with each other in their bid quotations and harm the interests of the bid inviter or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

A bidder who colludes with a tenderer in submitting a bid, thereby harming the legitimate interests of the State, the collective or citizens, shall be punished in accordance with the provisions of the preceding paragraph.

Article 224 Whoever, for the purpose of illegal possession, defrauds the other party of money or property in the course of signing or performing a contract under any of the following circumstances, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property:

（1） Signing a contract in the name of a fictitious unit or another person;

（2） Using forged, altered or invalidated bills or other false property rights certificates as security;

（3） Without the actual ability to perform, luring the other party to continue signing and performing a contract by performing a small contract first or partially;

（4） Escaping after receiving the goods, payment for goods, advance payment or security property from the other party;

（5） Defrauding the other party's property by other means.

Article 224-1 Organizations and leaders, in the name of marketing goods, providing services and other business activities, require participants to obtain membership qualification by paying fees or purchasing goods and services, and form hierarchies in a certain order, directly or indirectly use the number of development personnel as the basis for remuneration or rebate, to lure or coerce participants to continue to develop others to participate, Whoever swindles money or property and disturbs economic and social order in pyramid selling activities shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disturbs market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or be sentenced to confiscation of property:

（1） Operating, without permission, goods that are monopolized or sold as prescribed by laws and administrative regulations or other goods that are restricted from trading;

（2） Buying and selling import and export licenses, import and export certificates of origin, and business licenses or approval documents as required by other laws and administrative regulations;

（3） Illegal operation of securities, futures and insurance business without approval of the relevant competent department of the State, or illegal operation of fund payment and settlement business;

（4） Other illegal business activities that seriously disrupt the market order.

Article 226 Whoever commits one of the following acts by means of violence or threat, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:

（1） Buying or selling commodities by force;

（2） Forcing others to provide or accept services;

（3） Forcing others to participate in or withdraw from bidding or auction;

（4） Forcing others to transfer or purchase shares, bonds or other assets of a company or enterprise;

（5） Forcing others to participate in or withdraw from specific business activities.

Article 227 Whoever forges or scalps forged train tickets, ship tickets, stamps or other valuable tickets, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and shall also, or shall only, be fined not less than one time but not more than five times the value of the tickets; If the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined not less than one time but not more than five times the value of the tickets.

Whoever scalps train or ship tickets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined not less than one time but not more than five times the value of the tickets.

Article 228 Whoever, in violation of the laws and regulations on land administration, illegally transfers or scalps the right to the use of the land for the purpose of making profits, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 5 percent but not more than 20 percent of the value of the illegally transferred or scalped right to the use of the land; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 5 percent but not more than 20 percent of the value of the illegal transfer or profiteering of land use rights.

Article 229 Any member of an intermediary organization that undertakes the functions of asset assessment, capital verification, verification, accounting, auditing, legal services, recommendation, safety assessment, environmental impact assessment, environmental monitoring, etc., who intentionally provides false certificates, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined:

（1） Providing false certification documents such as asset evaluation, accounting, auditing, legal services and recommendation related to securities issuance, and the circumstances are especially serious;

（2） Providing false certification documents such as asset appraisal, accounting and auditing related to major asset transactions, and the circumstances are especially serious;

（3） Providing false safety assessment, environmental impact assessment and other supporting documents in major projects and projects involving public security, resulting in particularly heavy losses of public property and national and people's interests.

Whoever commits the act mentioned in the preceding paragraph and simultaneously demands another person's property or illegally accepts another person's property, which constitutes a crime, shall be convicted and punished in accordance with the provisions on heavier punishment

Any person specified in the first paragraph who, grossly neglecting his duty, produces certificates that are seriously untrue, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Article 230 Whoever, in violation of the provisions of the Law on Import and Export Commodity Inspection, evades commodity inspection, sells or uses import commodities that must be inspected by the commodity inspection authorities without reporting them for inspection, or exports export commodities that must be inspected by the commodity inspection authorities without reporting them to be qualified for inspection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Article 231 Where a unit commits the crime mentioned in Articles 221 to 230 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the Articles in this Section.

CHAPTER IV CRIMES OF INFRINGING ON CITIZENS' RIGHTS OF THE PERSON AND DEMOCRATIC RIGHTS

Article 232 Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 233 Whoever negligently causes death to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. Where this Law provides otherwise, such provisions shall prevail.

Article 234 Whoever intentionally harms another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death or serious injury to another person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.

Article 234-1 Whoever arranges others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or confiscated of property.

Whoever removes an organ without his consent, or an organ of a person under the age of 18, or compels or deceives another person to donate an organ, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.

If he or she extracts organs from his or her dead body against his or her will, or if he or she does not express his or her consent, or if he or she extracts organs from his or her dead body against the will of his or her close relatives, in violation of State regulations, he or she shall be convicted and punished in accordance with the provisions of Article 302 of this Law.

Article 235 Whoever negligently injures another person and causes serious injury to the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where this Law provides otherwise, such provisions shall prevail.

Article 236 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment.

Whoever rapes a woman or rapes a girl under age shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:

（1） Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant;

（2） Raping women or raping young girls;

（3） Raping a woman or raping a young girl in public;

（4） Gang rape by two or more persons;

（5） Raping a young girl under the age of 10 or causing harm to the young girl;

（6） Causing serious injury or death to the victim or causing other serious consequences.

Article 236-1 If a person who has special duties such as guardianship, adoption, nursing, education, medical treatment, etc., has sexual relations with a minor female who has reached the age of 14 but not the age of 16, he shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever commits the act mentioned in the preceding paragraph, which at the same time constitutes a crime as prescribed in Article 236 of this Law, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 237 Whoever acts indecently against another person or insults a woman by violence, coercion or other forced means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever gathers a crowd or commits the crime mentioned in the preceding paragraph in public in a public place, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever molests a child shall be sentenced to fixed-term imprisonment of not more than five years; Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than five years:

（1） Indecent to more than one child or repeatedly;

（2） Gather people to molest children, or molest children in public in public places, to a flagrant extent;

（3） Causing child injury or other serious consequences;

（4） The means of indecency are abominable or there are other abominable circumstances.

Article 238 Whoever unlawfully detains another person or unlawfully deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those with circumstances of beating or insulting shall be given a heavier punishment.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause injury, disability or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.

Whoever unlawfully detains or detains another person for the purpose of claiming debts shall be punished in accordance with the provisions of the preceding two paragraphs.

Any functionary of a State organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

Article 239 Whoever kidnaps another person for the purpose of extorting money or property or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Whoever commits the crime mentioned in the preceding paragraph, kills or intentionally injures a kidnapped person, thus causing serious injury or death, shall be sentenced to life imprisonment or death and also to confiscation of property.

Whoever steals an infant or child for the purpose of extorting money or property shall be punished in accordance with the provisions of the preceding two paragraphs.

Article 240 Whoever abducts and sells women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; Whoever falls under one of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property; If the circumstances are especially serious, he shall be sentenced to death and confiscation of property:

（1） A ringleader of a group that abducts and traffickes women and children;

（2） Abducting and trafficking three or more women and children;

（3） Raping a woman who is abducted and trafficked in;

（4） Enticing or forcing an abducted and trafficked woman to engage in prostitution or selling the abducted and trafficked woman to another person to force her to engage in prostitution;

（5） Kidnapping women or children by means of violence, coercion or anesthesia for the purpose of selling them;

（6） Stealing infants for the purpose of selling;

（7） Causing serious injury, death or other serious consequences to the abducted and trafficked woman, child or their relatives;

（8） Selling women and children abroad.

Abducting and trafficking in women and children refers to one of the acts of abducting, kidnapping, buying, trafficking, picking up, sending or transferring women and children for the purpose of selling.

Article 241 Whoever buys an abducted woman or child shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever buys an abducted and trafficked woman and forcibly has sexual relations with her shall be convicted and punished in accordance with the provisions of Article 236 of this Law.

Whoever buys an abducted woman or child, unlawfully deprives or restricts her personal freedom, or commits such criminal acts as injury or humiliation, shall be convicted and punished in accordance with the relevant provisions of this Law.

Whoever buys an abducted woman or child and commits the criminal act specified in the second or third paragraph shall be punished in accordance with the provisions on combined punishment for several crimes.

Whoever buys and sells an abducted woman or child shall be convicted and punished in accordance with the provisions of Article 240 of this Law.

Whoever buys an abducted woman or child, does not maltreat the child and does not hinder the rescue of the child may be given a lighter punishment; A lighter or mitigated punishment may be given to a woman who, according to her wishes, does not hinder her from returning to her original place of residence.

Article 242 Whoever, by means of violence or threat, obstructs a functionary of a State organ from rescuing a bought woman or child shall be convicted and punished in accordance with the provisions of Article 277 of this Law.

The ringleader who gathers people to obstruct the functionaries of State organs from rescuing the bought women or children shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Other participants who use violence or threats shall be punished in accordance with the provisions of the preceding paragraph.

Article 243 Whoever fabricates facts and falsely accuses or frames another person with the intention of making another person subject to criminal investigation, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Any functionary of a State organ who commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

The provisions of the preceding two paragraphs shall not apply to cases that are not intentionally framed, but are wrongly accused, or are falsely reported.

Article 244 Whoever forces another person to work by means of violence, threat or restriction of personal freedom shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever knowingly recruits or transports persons for another person who commits the act mentioned in the preceding paragraph, or assists in forcing another person to work, shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 244-1 Whoever, in violation of the laws and regulations on labour administration, employs minors under the age of 16 to engage in ultra physical labour, or to engage in high-altitude or underground operations, or to engage in labour in explosive, inflammable, radioactive, toxic and other dangerous environments, if the circumstances are serious, the persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, Impose a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever commits the act mentioned in the preceding paragraph and causes an accident, which also constitutes another crime, shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 245 Whoever illegally searches another person's body or residence or illegally intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

Article 246 Whoever, by violence or other means, publicly insults another person or fabricates facts to slander another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

The crime mentioned in the preceding paragraph shall be handled only upon complaint, with the exception of those seriously endangering public order and the interests of the State.

When the victim commits the act specified in the first paragraph through the information network and tells the people's court, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

Article 247 Any judicial officer who extorts a confession from a criminal suspect or defendant by torture or extorts testimony from a witness by violence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury, disability or death to another person shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.

Article 248 If a supervisor of a prison, detention house, detention house or other supervisory institution beats or maltreats a person under supervision by corporal punishment, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever causes injury, disability or death to another person shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.

A supervisor who instigates a person under supervision to beat or maltreat another person under supervision by corporal punishment shall be punished in accordance with the provisions of the preceding paragraph.

Article 249 Whoever incites national hatred or discrimination, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 250 If a publication contains content that discriminates against or insults ethnic minorities, if the circumstances are flagrant and serious consequences are caused, the persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 251 Any functionary of a State organ who unlawfully deprives citizens of their freedom of religious belief and infringes upon the customs and habits of ethnic minorities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 252 Whoever conceals, destroys, discards or unlawfully opens another person's letter, thereby infringing upon a citizen's right to freedom of communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.

Article 253 Any postal worker who opens, conceals or destroys postal materials or telegrams without authorization shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Whoever commits the crime mentioned in the preceding paragraph and steals property shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.

Article 253-1 Whoever, in violation of the relevant regulations of the State, sells or provides citizens' personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever, in violation of the relevant provisions of the State, sells or provides citizens' personal information obtained in the course of performing his duties or providing services to others shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.

Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding three paragraphs.

Article 254 Any functionary of a State organ who, by abusing his power or using his official position for personal gain, retaliates against or frames up the accuser, complainant, critic or informant shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

Article 255 The leader of a company, enterprise, institution, government organ or public organization who retaliates against accountants or statisticians who perform their duties according to law and resist acts violating the Accounting Law or the Statistics Law, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 256 Whoever, when electing deputies to the people's congresses and leading members of state organs at various levels, sabotages the election or obstructs voters and deputies from freely exercising their right to vote and stand for election by means of violence, threat, deception, bribery, falsification of election documents, false reporting of the number of votes, etc., if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.

Article 257 Whoever interferes with another person's freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Whoever commits the crime mentioned in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

The crime mentioned in the first paragraph shall be dealt with only upon complaint.

Article 258 Whoever has a spouse and commits bigamy or knowingly marries another person who has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 259 Whoever knowingly cohabits or marries an active serviceman who is his spouse shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Whoever, by taking advantage of his functions and powers and subordination, rapes the wife of an active serviceman by means of coercion shall be convicted and punished in accordance with the provisions of Article 236 of this Law.

Article 260 Whoever maltreats a family member, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

The crime mentioned in the first paragraph shall be dealt with only when the victim is told, except where the victim is unable to tell, or is unable to do so because of coercion or intimidation.

Article 260-1 Whoever maltreats a person who is under guardianship or nursing care of a minor, an elderly person, a sick person, a disabled person or any other person, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the act mentioned in the first paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 261 Whoever refuses to support an old, young, sick or other person who has the obligation to do so, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Article 262 Whoever abducts a minor under the age of 14 and separates himself from his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 262-1 Whoever, by means of violence or coercion, organizes disabled persons or minors under the age of 14 to beg shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 262bis Whoever organizes minors to commit theft, fraud, robbery, extortion or other activities against the administration of public security shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

CHAPTER V CRIMES OF INFRINGING ON PROPERTY

Article 263 Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or sentenced to confiscation of property:

（1） Housebreaking;

（2） Robbing on public transport;

（3） Robbing banks or other financial institutions;

（4） Robbing repeatedly or robbing a large amount of money;

（5） The robbery causes serious injury or death;

（6） Impersonating a military or police officer to rob;

（7） Armed robbery;

（8） Robbing military materials or materials for emergency rescue, disaster relief or relief.

Article 264 Whoever steals a relatively large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.

Article 265 Whoever, for the purpose of making profits, stealthily connects another person's communication line, duplicates another person's telecommunications code or number, or knowingly uses the stealthily connected or duplicated telecommunications equipment or facilities, shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 266 Whoever swindles public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property. Where this Law provides otherwise, such provisions shall prevail.

Article 267 Whoever forcibly seizes a relatively large amount of public or private property, or repeatedly seizes it, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.

Whoever steals with lethal weapons shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 268 If people are gathered to plunder public or private property, if the amount is relatively large or if there are other serious circumstances, the ringleaders and active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the amount is huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 269 Whoever commits the crime of theft, fraud or forcible seizure, uses violence or threatens to use violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence, shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 270 Whoever unlawfully takes possession of another person's property in his custody and refuses to return it, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.

Whoever unlawfully takes possession of a thing forgotten or buried by another person and refuses to hand it over in a relatively large amount shall be punished in accordance with the provisions of the preceding paragraph.

The crime mentioned in this article shall be dealt with only upon complaint.

Article 271 Any employee of a company, enterprise or other unit who, taking advantage of his position, illegally takes possession of the property of his own unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

If a person who is engaged in public service in a State owned company, enterprise or other State owned unit or a person who is assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit that is not owned by the State to engage in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

Article 272 Any employee of a company, enterprise or any other unit who, taking advantage of his position, misappropriates the funds of his own unit for his own use or lends them to another person, if the amount is relatively large and the funds are not repaid after three months, or if the amount is relatively large and the funds are used for profit-making activities or illegal activities, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates a huge amount of funds of his unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.

If a person who is engaged in public service in a State owned company, enterprise or other State owned unit or a person who is assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit that is not owned by the State to engage in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating a public prosecution may be given a lighter or mitigated punishment. If the crime is relatively minor, the punishment may be mitigated or exempted.

Article 273 Whoever misappropriates funds and materials used for disaster relief, emergency rescue, flood control, special care for the disabled, poverty alleviation, migration and relief, if the circumstances are serious enough to cause heavy damage to the interests of the State and the people, the persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 274 Whoever extorts public or private property by extortion, if the amount is relatively large or repeatedly extorts, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

Article 275 Whoever intentionally destroys public or private property, if the amount is relatively large or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 276 Whoever destroys machinery and equipment, cruelly injures farm animals or sabotages production and business operation by other means due to venting anger, retaliation or other personal purposes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 276-1 Whoever evades the payment of remuneration to labourers by means of transferring property or hiding or is able to pay but fails to pay remuneration to labourers, if the amount is relatively large and fails to do so after being ordered to do so by the relevant department of the government, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Those who have committed the acts mentioned in the preceding two paragraphs, but have not caused serious consequences, and who have paid labourers labor remuneration before initiating public prosecution, and who bear corresponding liability for compensation according to law, may be given a mitigated punishment or exempted from punishment.

CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF PUBLIC ORDER

Section 1 Crimes of Disturbing Public Order

Article 277 Whoever, by means of violence or threat, obstructs a functionary of a State organ from performing his duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or be fined.

Whoever, by means of violence or threat, obstructs deputies to the National People's Congress or local people's congresses at various levels from performing their functions as deputies according to law shall be punished in accordance with the provisions of the preceding paragraph.

Whoever, in the course of natural disasters or emergencies, obstructs the staff of the Red Cross Society from performing their duties according to law by means of violence or threat shall be punished in accordance with the provisions of the first paragraph.

Whoever intentionally obstructs a State security organ or a public security organ from carrying out a task of State security according to law, without resorting to violence or threat, thus causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.

Whoever violently attacks a people's policeman who is performing his duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever seriously endangers his personal safety by means of using guns, controlled knives, or driving a motor vehicle to hit, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 278 Whoever incites the masses to resist the implementation of national laws and administrative regulations by violence shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 279 Whoever impersonates a functionary of a State organ to cheat and cheat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever impersonates a people's policeman to cheat and bluff shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Article 280 Whoever forges, alters, buys or sells or steals, snatches or destroys official documents, certificates or seals of a State organ shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever forges the seals of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined.

Whoever forges, alters, buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 280-1 If, in the activities for which identity certificates should be provided according to State regulations, anyone uses forged, altered or embezzled others' resident identity cards, passports, social security cards, driver's licenses and other certificates that can be used to prove his identity according to law, if the circumstances are serious, he shall be sentenced to criminal detention or public surveillance and shall also, or shall only, be fined.

Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 280 bis Whoever misappropriates or fraudulently uses another person's identity, or replaces the qualifications for admission to higher education for academic qualifications, qualifications for employment of civil servants, or employment placement benefits obtained by another person, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.

Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Any State functionary who commits any of the acts mentioned in the preceding two paragraphs, which also constitutes another crime, shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 281 Whoever illegally produces, buys or sells people's police uniforms, vehicle plates and other special signs and police implements, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 282 Whoever illegally obtains State secrets by stealing, spying or buying them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever unlawfully holds documents, materials or other articles that are top secret or confidential of the State and refuses to explain their sources and purposes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 283 Whoever illegally produces or sells specialized espionage equipment or eavesdropping on or secretly photographing specialized equipment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 284 Whoever illegally uses special equipment for eavesdropping or photographing, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Article 284-1 Whoever organizes cheating in State examinations as prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever provides cheating equipment or other help for another person to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Whoever, in order to cheat in examinations, illegally sells or provides to others the examination questions and answers prescribed in the first paragraph shall be punished in accordance with the provisions of the first paragraph.

Whoever substitutes for another person or lets another person take the examination prescribed in the first paragraph of the first paragraph of this article shall be sentenced to criminal detention or public surveillance and shall also, or shall only, be fined.

Article 285 Whoever, in violation of State regulations, invades the computer information system in the fields of State affairs, national defense construction or cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Whoever, in violation of State regulations, invades a computer information system other than that specified in the preceding paragraph or uses other technical means to obtain data stored, processed or transmitted in the computer information system, or illegally controls the computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Those who provide programs or tools specially used to invade or illegally control computer information systems, or who provide programs or tools for others knowing that they have committed illegal or criminal acts of invading or illegally controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding three paragraphs.

Article 286 Whoever, in violation of State regulations, deletes, modifies, increases or interferes with the functions of the computer information system, thus making the computer information system unable to operate normally, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever, in violation of State regulations, deletes, modifies or adds data and application programs stored, processed or transmitted in the computer information system, if the consequences are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Whoever intentionally makes or spreads destructive programs such as computer viruses, thus affecting the normal operation of the computer system, and the consequences are serious, shall be punished in accordance with the provisions of the first paragraph.

Where a unit commits the crime mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 286-1 If a network service provider fails to perform its obligations of information network security management as prescribed by laws and administrative regulations and refuses to correct after being ordered by the regulatory department to take corrective measures, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined:

（1） Causing mass dissemination of illegal information;

（2） Causing the disclosure of user information and causing serious consequences;

（3） Causing the destruction or loss of evidence in a criminal case, and the circumstances are serious;

（4） There are other serious circumstances.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 287 Whoever uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of State secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.

Article 287-1 Whoever uses information networks to commit any of the following acts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined:

（1） Setting up websites and communication groups for fraud, teaching criminal methods, making or selling prohibited articles, controlled articles and other illegal and criminal activities;

（2） Publishing information about the production or sale of drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal information;

（3） Releasing information for fraud and other illegal and criminal activities.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 287 bis Whoever knowingly uses the information network to commit a crime and provides technical support such as Internet access, server trusteeship, network storage, communication transmission, or assistance such as advertising promotion, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Whoever commits the acts mentioned in the preceding two paragraphs, which simultaneously constitute other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 288 Whoever, in violation of State regulations, sets up and uses radio stations (stations) or uses radio frequencies without authorization, thus interfering with the order of radio communications, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 289 If people are gathered to "beat, smash and loot", causing injury, disability or death, they shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. If public or private property is damaged or taken away, the ringleaders shall be convicted and punished in accordance with the provisions of Article 263 of this Law, in addition to ordering restitution and compensation.

Article 290 If a crowd is gathered to disturb public order, if the circumstances are serious, making it impossible to carry out work, production, business, teaching, scientific research or medical treatment and causing serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

If people are gathered to attack a State organ, making it impossible for the work of the State organ to proceed and causing serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; Other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Whoever repeatedly disturbs the working order of State organs but still fails to correct after administrative punishment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever repeatedly organizes or subsidizes others to gather illegally, thus disrupting public order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Article 291 If people are gathered to disturb order at stations, docks, civil aviation stations, shopping malls, parks, cinemas, exhibitions, sports grounds or other public places, or to block traffic or disrupt traffic order, or to resist or obstruct State security administrators from performing their duties according to law, if the circumstances are serious, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Article 291-1 Whoever throws false explosive, toxic, radioactive, infectious disease pathogens and other substances, or fabricates terrorist information such as explosive threat, biochemical threat, radiological threat, or knowingly spreads fabricated terrorist information, thus seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever fabricates false dangerous information, epidemic situation, disaster situation or police situation, spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 291-2 Whoever throws articles from a building or other high place, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.

Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 292 If people are gathered to fight, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Under any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:

（1） Gathering people to fight for many times;

（2） The number of people gathered to fight is large, the scale is large, and the social impact is bad;

（3） Gathering people to fight in a public place or on an important traffic road, causing serious disorder of social order;

（4） Gathering people to fight with weapons.

Whoever gathers people to fight and causes serious injury or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.

Article 293 Whoever commits one of the following acts of provoking trouble, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

（1） Beating others at will, to a flagrant extent;

（2） Chasing, intercepting, abusing or intimidating others to a flagrant extent;

（3） Forcibly taking or demanding or arbitrarily damaging or occupying public or private property, the circumstances being serious;

（4） Making troubles in public places, causing serious disorder in public places.

Whoever gathers others to commit the acts mentioned in the preceding paragraph for many times, thus seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

Article 293-1 Whoever commits any of the following acts to collect illegal debts arising from usury loans, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined:

（1） Using violence or coercion;

（2） Restricting the personal freedom of others or invading others' houses;

（3） Threatening, tracking or harassing others.

Article 294 Whoever organizes or leads an organization in the nature of a mafia shall be sentenced to fixed-term imprisonment of not less than seven years and confiscation of property; Those who participate actively shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated of property; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may also be fined.

Any member of an overseas underworld organization who goes to the territory of the People's Republic of China to develop members of the organization shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Any functionary of a State organ who shields an organization in the nature of an underworld or connives at the illegal and criminal activities of an organization in the nature of an underworld shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever commits the crimes mentioned in the preceding three paragraphs and commits other criminal acts shall be punished in accordance with the provisions on combined punishment for several crimes.

Organizations with underworld nature should have the following characteristics at the same time:

（1） Form a relatively stable criminal organization with a large number of people, clear organizers and leaders, and basically fixed backbone members;

（2） Get economic benefits through illegal and criminal activities or other means in an organized way, and have certain economic strength to support the activities of the organization;

（3） By violence, threat or other means, they have repeatedly carried out organized illegal and criminal activities, committed crimes, oppressed and cruelly injured the masses;

（4） By carrying out illegal and criminal activities, or using the cover or connivance of state functionaries to dominate a party, illegal control or significant influence is formed in a certain region or industry, which seriously damages the order of economic and social life.

Article 295 Whoever teaches the methods of crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 296 If an assembly, a procession or a demonstration is held without an application in accordance with the law or without permission for the application, or without proceeding according to the starting and ending time, place and route permitted by the competent authority, and also refuses to obey the order of dissolution, thus seriously undermining public order, the persons who are responsible for the assembly, procession or demonstration and the persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention Control or deprive of political rights.

Article 297 Whoever, in violation of the provisions of law, takes part in an assembly, a procession or a demonstration with weapons, controlled knives or explosives shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Article 298 Whoever disturbs, assaults or sabotages by other means an assembly, a procession or a demonstration held according to law, thereby causing chaos in public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 299 Whoever desecrates the National Flag or the National Emblem of the People's Republic of China by intentionally burning, mutilating, scrawling on, defiling or trampling on it in a public place shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever, in public, intentionally alters the lyrics or music scores of the National Anthem of the People's Republic of China, plays the National Anthem in a distorted or derogatory manner, or insults the National Anthem in other ways, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Article 299-1 Whoever insults, slanders or otherwise infringes upon the reputation and honour of a heroic martyr, harms social and public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Article 300 Whoever organizes or uses guilds, heretical organizations or superstitions to undermine the implementation of national laws and administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also, or shall only, be fined.

Whoever organizes or uses guilds, cults or superstitions to deceive others, thus causing serious injury or death, shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the crime mentioned in the first paragraph and commits such criminal acts as raping women and swindling property shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 301 Where people are gathered to engage in licentious activities, the ringleaders or those who repeatedly participate in such activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Whoever lures minors into engaging in mass immoral activities shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Article 302 Whoever steals, insults or intentionally destroys a corpse, bones or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 303 Whoever, for the purpose of making profits, gathers people to gamble or engages in gambling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Whoever organizes citizens of the People's Republic of China to participate in gambling outside the country (frontier), if the amount involved is huge or if there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.

Article 304 Any postal worker who, grossly neglecting his duty, intentionally delays the delivery of postal materials, thus causing heavy losses to public property and the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

SECTION 2 CRIMES OF IMPAIRING JUSTICE

Article 305 In criminal proceedings, a witness, expert witness, recorder or translator who intentionally makes false testimony, expert testimony, record or translation of the circumstances that are important to the case, with the intention of framing another person or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 306 In criminal proceedings, if a defender or agent ad litem destroys or forges evidence, helps a party to destroy or forge evidence, or threatens or induces a witness to change his testimony against the facts or give false evidence, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

If the testimony of a witness or other evidence provided, presented or quoted by a defender or agent ad litem is untrue and not intentionally forged, it shall not be regarded as forged evidence.

Article 307 Whoever prevents a witness from giving testimony or instigates another person to give false testimony by means of violence, threat or bribery shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any judicial officer who commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment.

Article 307-1 Whoever brings a civil action with fabricated facts, thus impeding judicial order or seriously infringing upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits the act mentioned in the first paragraph, illegally occupies another person's property or evades legal debts, which also constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

Any judicial officer who, by taking advantage of his power, jointly commits the acts mentioned in the preceding three paragraphs with others shall be given a heavier punishment; If it also constitutes another crime, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

Article 308 Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 308-1 Any judicial officer, defender, agent ad litem or other litigation participant who divulges information that should not be disclosed in a case that is not heard in public according to law, thus causing public dissemination of information or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.

Whoever commits the act mentioned in the preceding paragraph and divulges State secrets shall be convicted and punished in accordance with the provisions of Article 398 of this Law.

If the case information specified in the first paragraph is publicly disclosed or reported, and the circumstances are serious, the provisions of the first paragraph shall apply.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 309 Whoever commits one of the following acts that disrupt court order shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine:

（1） Gather a crowd to make a scene or attack the court;

（2） Beating judicial personnel or litigation participants;

（3） Insult, slander, threaten judicial staff or litigation participants, and refuse to listen to the court to stop, seriously disturbing the order of the court;

（4） Destroying court facilities, seizing or damaging litigation documents and evidence and other acts that disrupt court order, and the circumstances are serious.

Article 310 Whoever knowingly provides a hiding place or property for a criminal to help him escape or make false certificates for protection shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever conspires in advance to commit the crime mentioned in the preceding paragraph shall be regarded as a joint crime and punished.

Article 311 Whoever, knowing clearly that another person has committed a crime of espionage or a crime of terrorism or extremism, refuses to provide relevant evidence when a judicial organ investigates the relevant situation or collects relevant evidence from him, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 312 Whoever knowingly conceals, transfers, purchases, sells for others or conceals by other means the proceeds of crime and the proceeds therefrom shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 313 Whoever has the ability to execute a judgment or order of a people's court but refuses to do so, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 314 Whoever conceals, transfers, sells or intentionally damages property sealed up, distrained or frozen by judicial organs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or be fined.

Article 315 A criminal who is held in custody according to law commits one of the following acts that disrupt the order of supervision and control, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years:

（1） Beating a supervisor;

（2） Organizing other persons under supervision to disrupt the order of supervision;

（3） Gathering people to make trouble and disturbing the normal order of supervision;

（4） Beating, subjecting to corporal punishment or instigating others to beat, subjecting other prisoners to corporal punishment.

Article 316 A criminal, defendant or criminal suspect who escapes from custody according to law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever seizes a criminal, defendant or criminal suspect on the way of escort shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 317 The ringleaders who organize escape from prison and the active participants shall be sentenced to fixed-term imprisonment of not less than five years; Other participants shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

The ringleaders and active participants who break out of prison in a riot or gather people to break out of prison with weapons shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are especially serious, the offender shall be sentenced to death; Other participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

SECTION 3 CRIMES OF OBSTRUCTING THE ADMINISTRATION OF NATIONAL BORDER

Article 318 Whoever organizes others to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or sentenced to confiscation of property:

（1） A ringleader of a group that organizes others to illegally cross the national border (frontier);

（2） Organizing others to illegally cross the national border (frontier) for many times or organizing a large number of people to illegally cross the national border (frontier);

（3） Causing serious injury or death to the organized person;

（4） Depriving or restricting the personal freedom of the organized persons;

（5） Resisting inspection by means of violence or threat;

（6） The amount of illegal gains is huge;

（7） There are other especially serious circumstances.

Whoever commits the crime mentioned in the preceding paragraph, kills, injures, rapes, abducts and sells the organized persons, or kills, injures or commits other criminal acts against inspectors, shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 319 Whoever, in the name of export of labor services, economic and trade exchanges or in other names, practises fraud to obtain exit certificates such as passports and visas for the purpose of organizing others to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 320 Whoever provides another person with forged or altered exit and entry certificates such as passports and visas, or sells exit and entry certificates such as passports and visas, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Article 321 Whoever transports another person to illegally cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined:

（1） Repeatedly transporting people or transporting a large number of people;

（2） The vessels, vehicles and other means of transportation used do not have the necessary safety conditions, which are enough to cause serious consequences;

（3） The amount of illegal gains is huge;

（4） There are other especially serious circumstances.

Whoever causes serious injury or death to the person being transported or resists inspection by means of violence or threat while transporting another person to illegally cross the national (frontier) border shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

Whoever commits the crimes mentioned in the preceding two paragraphs, kills, injures, rapes, abducts and sells the person being transported, or kills or injures the inspectors, shall be punished in accordance with the provisions on combined punishment for several crimes.

Article 322 Whoever, in violation of the laws and regulations governing the administration of the national (frontier) border, illegally crosses the national (frontier) border, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also be fined; Whoever illegally crosses the national border (frontier) for the purpose of participating in terrorist organizations, receiving terrorist training or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.

Article 323 Whoever intentionally destroys boundary markers, boundary markers or permanent surveying markers on the State border shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Section 4 Crimes of Obstructing the Administration of Cultural Relics

Article 324 Whoever intentionally damages or destroys precious cultural relics under State protection or the cultural relics designated as key cultural relics protection units at the national or provincial level shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever intentionally damages or destroys places of interest or historical sites under State protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.

Whoever negligently damages or destroys valuable cultural relics under State protection or the cultural relics designated as key cultural relics protection units at the national or provincial level, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 325 Whoever, in violation of the laws and regulations on the protection of cultural relics, sells or presents to foreigners without authorization valuable cultural relics in his collection that are prohibited by the State from being exported shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 326 Whoever, for the purpose of making profits, resells cultural relics prohibited by the State, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 327 If, in violation of the laws and regulations on the protection of cultural relics, a state-owned museum, library or any other unit sells or gives away without authorization cultural relics under state protection to a non-state-owned unit or individual, the unit shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 328 Whoever robs and digs sites of ancient culture or ancient tombs of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property:

（1） Excavating and robbing sites of ancient culture and ancient tombs designated as key cultural relics protection units at the national level and cultural relics protection units at the provincial level;

（2） A ringleader of a gang engaged in excavating and robbing ancient cultural sites and ancient tombs;

（3） Repeatedly excavating and robbing sites of ancient culture or ancient tombs;

（4） Excavating and robbing sites of ancient culture or ancient tombs, and stealing precious cultural relics or causing serious damage to precious cultural relics.

Whoever excavates and robs fossils of ancient humans and ancient vertebrates of scientific value under State protection shall be punished in accordance with the provisions of the preceding paragraph.

Article 329 Whoever seizes or steals State owned archives shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever, in violation of the provisions of the Archives Law, sells or transfers State owned archives without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Whoever commits the acts mentioned in the preceding two paragraphs, which at the same time constitute other crimes as prescribed in this Law, shall be convicted and punished in accordance with the provisions on heavier punishment.

Section 5 Crimes against Public Health

Article 330 Whoever, in violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, commits any of the following acts, thus causing the spread of Class A infectious diseases and the infectious diseases for which prevention and control measures for Class A infectious diseases have been determined according to law or are in serious danger of spreading, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

（1） The drinking water supplied by a water supply unit does not meet the hygienic standards set by the State;

（2） Refusing to disinfect sewage, dirt, places and articles contaminated by infectious disease pathogens according to the health requirements put forward by disease prevention and control institutions;

（3） Allowing or conniving at infectious disease patients, pathogen carriers and suspected infectious disease patients to engage in work that is prohibited by the health administration department under the State Council and is likely to spread the infectious disease;

（4） Selling or transporting articles in an epidemic area that are or may be contaminated by infectious disease pathogens without disinfection treatment;

（5） Refusing to implement the prevention and control measures proposed by the people's government at or above the county level or the disease prevention and control institution in accordance with the Law on the Prevention and Control of Infectious Diseases.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

The scope of Class A infectious diseases shall be determined in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases and the relevant provisions of the State Council.

Article 331 Any person who, in violation of the relevant provisions of the health administration department under the State Council, engages in the experiment, storage, carrying or transportation of strains or virus strains of infectious diseases and causes the spread of strains or virus strains of infectious diseases, with serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 332 Whoever, in violation of the provisions on frontier health and quarantine, causes the spread of a quarantinable infectious disease or is in serious danger of spreading it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 333 Whoever illegally organizes another person to sell blood shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; Whoever forces another person to sell blood by violence or threat shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Whoever commits the act mentioned in the preceding paragraph and causes harm to another person shall be convicted and punished in accordance with the provisions of Article 234 of this Law.

Article 334 Whoever illegally collects or supplies blood or makes or supplies blood products that do not meet the standards set by the State and are enough to endanger human health shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property.

Where a department that has been approved by the competent department of the State to collect or supply blood or to make or supply blood products fails to carry out testing in accordance with regulations or violates other operating regulations, thus causing consequences that endanger the health of another person, the unit shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 334-1 Whoever, in violation of the relevant regulations of the State, illegally collects Chinese human genetic resources or illegally transports, mails or carries Chinese human genetic resources materials out of the country, thereby endangering public health or social and public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 335 Any medical worker who, due to his gross neglect of duty, causes death or serious harm to the health of the patient shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 336 If a person who has not obtained the qualification to practise medicine illegally practices medicine, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever seriously harms the health of the person seeking medical advice shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the death of the patient is caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

If a person who has not obtained the qualification to practice medicine, without authorization, carries out an operation for restoring birth control, a false birth control operation, an operation for terminating pregnancy or removing an intrauterine device for another person, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever seriously harms the health of the person seeking medical advice shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the death of the patient is caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

Article 336-1 Whoever inserts human embryos edited or cloned by genes into human beings or animals, or inserts animal embryos edited or cloned by genes into human beings, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 337 Whoever, in violation of State regulations on animal and plant epidemic prevention and quarantine, causes a major animal and plant epidemic or is in danger of causing a major animal and plant epidemic, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

SECTION 6 CRIMES OF DESTRUCTING ENVIRONMENTAL AND RESOURCES PROTECTION

Article 338 Whoever, in violation of State regulations, discharges, dumps or treats radioactive waste, waste containing pathogens of infectious diseases, toxic substances or other harmful substances, thus seriously polluting the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined:

（1） Discharging, dumping and disposing of radioactive waste, waste containing infectious disease pathogens and toxic substances in key protection areas determined according to law, such as drinking water source protection areas, core protection areas of nature reserves, and the circumstances are especially serious;

（2） Discharging, dumping or treating radioactive waste, waste containing pathogens of infectious diseases or toxic substances into major rivers, lakes and waters designated by the State, and the circumstances are especially serious;

（3） Causing a large number of permanent basic farmland to lose its basic functions or suffer permanent damage;

（4） Causing serious injury, serious disease, or serious disability or death to more than one person.

Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 339 Whoever, in violation of State regulations, dumps, piles or treats solid waste from abroad into China shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever causes a major environmental pollution accident that causes heavy losses to public or private property or seriously endangers human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.

Whoever, without permission of the relevant competent department under the State Council, imports solid waste for use as raw materials, thereby causing a major environmental pollution accident, which causes heavy losses to public or private property or serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Whoever, under the pretext of utilizing raw materials, imports solid waste, liquid waste or gaseous waste that cannot be used as raw materials shall be convicted and punished in accordance with the provisions of the second and third paragraphs of Article 152 of this Law.

Article 340 Whoever, in violation of the laws and regulations on the protection of aquatic resources, catches aquatic products in an area or during a period closed to fishing or uses prohibited tools or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or be fined.

Article 341 Whoever illegally hunts, catches or kills rare or endangered wildlife under special state protection, or illegally purchases, transports or sells rare or endangered wildlife under special state protection and its products shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated of property.

Whoever, in violation of the hunting laws and regulations, hunts in an area or during a season closed to hunting or uses prohibited tools or methods, thus damaging wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

Whoever, in violation of the laws and regulations on the protection and administration of wildlife, illegally hunts, purchases, transports or sells terrestrial wildlife that grows and breeds naturally in the wild environment other than those specified in the first paragraph for the purpose of eating, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Article 342 Whoever, in violation of the laws and regulations on land administration, illegally occupies cultivated land, forest land and other agricultural land and changes the use of the occupied land in a relatively large amount, thus causing extensive destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.

Article 342-1 Whoever, in violation of the laws and regulations on the administration of nature reserves, reclaims or develops land or builds buildings in national parks or national nature reserves, if serious consequences are caused or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.

Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 343 Whoever, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters a mining area planned by the State, a mining area that is of great value to the national economy, or another person's mining area, or mines certain minerals that the State provides for protective mining, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever, in violation of the provisions of the Mineral Resources Law, mines mineral resources by destructive mining methods, thus causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.

Article 344 Whoever, in violation of State regulations, illegally fells or destroys precious trees or other plants under special State protection, or illegally purchases, transports, processes or sells precious trees or other plants under special State protection and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 344-1 Whoever, in violation of State regulations, illegally introduces, releases or discards alien invasive species, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Article 345 Whoever illegally fells forests or other trees, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

Whoever, in violation of the provisions of the Forest Law, arbitrarily fells forests or other trees, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever illegally purchases or transports trees that he knows are illegally or arbitrarily cut, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever illegally or wantonly fells forests or other trees in national nature reserves shall be given a heavier punishment.

Article 346 Where a unit commits the crime mentioned in Articles 338 to 345 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the Articles respectively in this Section.

SECTION 7 CRIMES OF SMUGGLING, TRAFFICKING IN, TRANSPORTING AND MANUFACTURING DRUGS

Article 347 Whoever smuggles, traffics in, transports or manufactures narcotic drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment.

Whoever smuggles, traffics in, transports or manufactures narcotic drugs and falls under any of the following categories shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment or death, and shall also be sentenced to confiscation of property:

（1） Smuggling, trafficking in, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than 50 grams or other drugs in large quantities;

（2） Ringleaders of drug smuggling, trafficking, transportation and manufacturing groups;

（3） Armed cover for smuggling, trafficking, transporting or manufacturing drugs;

（4） Those who resist inspection, detention or arrest by violence, and the circumstances are serious;

（5） Participating in organized international drug trafficking.

Whoever smuggles, traffics in, transports or manufactures opium of not less than 200 grams but not more than 1 kilogram, heroin or methamphetamine of not less than 10 grams but not more than 50 grams or other narcotic drugs of relatively large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

Whoever smuggles, traffics in, transports or manufactures opium of less than 200 grams, heroin or methamphetamine of less than 10 grams or other small quantities of narcotic drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the second, third or fourth paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the respective paragraphs.

Whoever uses or abets minors to smuggle, traffic in, transport or manufacture drugs, or sells drugs to minors shall be given a heavier punishment.

For those who have smuggled, trafficked in, transported or manufactured drugs for many times without being dealt with, the amount of drugs shall be counted cumulatively.

Article 348 Whoever illegally possesses opium of not less than one kilogram, heroin or methamphetamine of not less than 50 grams, or other drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined; Whoever illegally possesses opium of not less than 200 grams but not more than one kilogram, heroin or methamphetamine of not less than 10 grams but not more than 50 grams or other narcotic drugs of relatively large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 349 Whoever shields criminals who smuggle, traffic in, transport or manufacture drugs or harbors, transfers or conceals drugs or money or property obtained from crimes for criminals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Anti drug agents or functionaries of other State organs who shield or cover up criminals who smuggle, traffic in, transport or manufacture drugs shall be given heavier punishment in accordance with the provisions of the preceding paragraph.

Whoever conspires in advance to commit the crimes mentioned in the preceding two paragraphs shall be regarded as an accomplice in the crime of smuggling, trafficking in, transporting or manufacturing drugs and punished as such.

Article 350 Whoever, in violation of State regulations, illegally produces, trades in or transports acetic anhydride, ether, chloroform or other raw materials or preparations used in the manufacture of drugs, or carries the above-mentioned articles into or out of the country, if the circumstances are relatively serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated of property.

Whoever knowingly manufactures, trades in or transports for another person the articles specified in the preceding paragraph shall be regarded as an accomplice in the crime of manufacturing drugs and punished.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding two paragraphs.

Article 351 Whoever illegally cultivates the original plants of narcotic drugs such as opium poppy and cannabis shall be forced to uproot them. Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined:

（1） Cultivating more than 500 but less than 3000 opium poppy plants or a relatively large number of original plants of other narcotic drugs;

（2） Planting again after being handled by the public security organ;

（3） Those who resist eradication.

Whoever illegally cultivates more than 3000 opium poppy plants or large quantities of the original plants of other narcotic drugs shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or sentenced to confiscation of property.

Whoever illegally cultivates opium poppy or other original plants of narcotic drugs and voluntarily uproots them before harvest may be exempted from punishment.

Article 352 Whoever illegally trades in, transports, carries or holds the seeds or seedlings of the original plants of narcotic drugs such as opium poppy that have not been inactivated, if the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.

Article 353 Whoever lures, abets or deceives others to ingest or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever forces another person to take or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever lures, abets, deceives or forces minors to take or inject drugs shall be given a heavier punishment.

Article 354 Whoever shelters another person to ingest or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

Article 355 Any person who, in violation of State regulations, is engaged in the production, transportation, management and use of State controlled narcotic drugs and psychotropic substances according to law and who, in providing State controlled narcotic drugs and psychotropic substances that can make people addicted to drugs, in violation of State regulations, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever, for the purpose of making profits, provides narcotic drugs or psychotropic substances that can make people addicted and are controlled according to State regulations to criminals who smuggle or traffic in drugs or to persons who smoke or inject drugs shall be convicted and punished in accordance with the provisions of Article 347 of this Law.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 355-1 Whoever lures, instigates or deceives athletes to use stimulants to participate in major domestic or international sports competitions, or knowingly provides stimulants to athletes to participate in the above-mentioned competitions, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

Whoever organizes or forces athletes to use stimulants to participate in major domestic or international sports competitions shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Article 356 Whoever has been sentenced for the crime of smuggling, trafficking in, transporting, manufacturing or illegally possessing narcotic drugs and has committed the crime specified in this Section shall be given a heavier punishment.

Article 357 The drugs mentioned in this Law refer to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine and other narcotic and psychotropic substances that can make people addicted and are controlled by the State.

The quantity of drugs is calculated on the basis of the verified quantity of drugs smuggled, trafficked, transported, manufactured or illegally held, not on the basis of purity.

Section 8 Crimes of Organizing, Forcing, Inducing, Sheltering or Introducing Prostitution

Article 358 Whoever organizes or forces another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property.

Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Whoever commits the crimes mentioned in the preceding two paragraphs and also commits crimes such as killing, injuring, raping and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.

Whoever recruits or transports persons for those who organize prostitution or assists others in organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Article 359 Whoever lures, shelters or procures another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Whoever lures a girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Article 360 Whoever knowingly engages in prostitution or whores with serious venereal diseases such as syphilis and gonorrhea shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined.

Article 361 Any employee of a unit in the hotel industry, catering service industry, cultural and entertainment industry, taxi industry, etc. who, taking advantage of the conditions of his unit, organizes, forces, lures, shelters or introduces another person for prostitution shall be convicted and punished in accordance with the provisions of Articles 358 and 359 of this Law.

The principal responsible person of the unit listed in the preceding paragraph who commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

Article 362 If an employee of a unit in the hotel industry, catering service industry, cultural and entertainment industry, taxi industry, etc. provides information to criminals when the public security organ investigates and deals with prostitution or whoring, if the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 310 of this Law.

Section 9 Crimes of Making, Selling and Disseminating Pornographic Articles

Article 363 Whoever, for the purpose of making profits, manufactures, duplicates, publishes, sells or disseminates pornographic articles shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property.

Whoever provides book numbers for others and publishes pornographic books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever knowingly provides book numbers to others for publishing pornographic books and periodicals shall be punished in accordance with the provisions of the preceding paragraph.

Article 364 Whoever disseminates pornographic books, periodicals, films, audio-visual materials, pictures or other pornographic materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Whoever organizes the broadcasting of pornographic films, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever produces or reproduces pornographic audio-visual products such as films and videos for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph.

Whoever disseminates pornographic articles to minors under the age of 18 shall be given a heavier punishment.

Article 365 Whoever organizes pornographic performances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 366 Where a unit commits the crime mentioned in Articles 363, 364 and 365 of this Section, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the Articles respectively.

Article 367 The term "obscene articles" as used in this Law refers to obscene books, periodicals, films, video tapes, audio tapes, pictures and other obscene articles that specifically depict sexual acts or openly publicize pornography.

Scientific works on human physiology and medical knowledge are not obscene articles.

Literary and artistic works of artistic value containing pornographic content shall not be regarded as pornographic articles.

CHAPTER VII CRIMES OF IMPAIRING THE INTERESTS OF NATIONAL DEFENSE

Article 368 Whoever, by means of violence or threat, obstructs a serviceman from performing his duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

Whoever intentionally obstructs the military operations of the armed forces, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 369 Whoever destroys weapons and equipment, military facilities or military communications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever sabotages important weapons and equipment, military facilities or military communications shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever commits the crimes mentioned in the preceding two paragraphs during wartime shall be given a heavier punishment.

Article 370 Whoever knowingly provides unqualified weapons and equipment or military facilities to the armed forces shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Where a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the first paragraph.

Article 371 If people are gathered to attack the military restricted zone and seriously disturb the order of the military restricted zone, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; Other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

If a crowd is gathered to disturb the order of the military administrative zone, and the circumstances are serious, making it impossible to carry out the work in the military administrative zone and causing serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Article 372 Whoever impersonates a serviceman to cheat and bluff shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 373 Whoever incites a serviceman to flee the army or knowingly employs him as a serviceman who has fled the army, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 374 Whoever engages in malpractices for personal gain in conscription, picks up or sends unqualified soldiers, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 375 Whoever forges, alters, buys or sells, steals or seizes official documents, certificates or seals of the armed forces shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever illegally produces, buys or sells uniforms of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.

Whoever forges, steals, buys or sells or illegally provides or uses special signs such as license plates of vehicles of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined

Where a unit commits the crime mentioned in the second or third paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the respective paragraphs.

Article 376 Any reservist who refuses or evades enlistment or military training in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any citizen who refuses or evades military service during wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 377 Whoever intentionally provides false information about the enemy to the armed forces during wartime, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 378 Whoever spreads rumors to mislead people and disrupt the morale of the army during wartime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 379 Whoever, during wartime, knowingly provides a hiding place or property for a serviceman who has fled from the army, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 380 If a unit refuses or deliberately delays military orders in wartime, if the circumstances are serious, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 381 Whoever refuses military expropriation or requisition during wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Chapter VIII Crimes of Embezzlement and Bribery

Article 382 Any State functionary who, taking advantage of his position, misappropriates, steals, defrauds or illegally occupies public property by other means shall be guilty of embezzlement.

Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage and manage state-owned property who, taking advantage of their positions, misappropriate, steal, defraud or illegally possess state-owned property by other means shall be regarded as embezzlement.

Whoever colludes with the persons listed in the preceding two paragraphs to commit embezzlement shall be regarded as an accomplice and punished.

Article 383 Whoever commits the crime of embezzlement shall, according to the seriousness of the circumstances, be punished in accordance with the following provisions:

（1） If the amount of embezzlement is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

（2） If the amount of embezzlement is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or sentenced to confiscation of property.

（3） If the amount of embezzlement is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property; If the amount is especially huge and causes especially heavy losses to the interests of the State and the people, he shall be sentenced to life imprisonment or death and also to confiscation of property.

Those who repeatedly embezzle without being dealt with shall be punished according to the accumulated amount of embezzlement.

If a person commits the crime mentioned in the first paragraph, truthfully confesses his crime, sincerely repents of his crime, and actively returns the stolen goods before initiating a public prosecution, so as to avoid or reduce the occurrence of damage results, he may be given a lighter, mitigated or exempted punishment under the circumstances specified in the first paragraph; Under the circumstances specified in Items 2 and 3, a lighter punishment may be imposed.

If a person commits the crime mentioned in the first paragraph and is sentenced to death with a suspension of execution under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, decide at the same time to commute his death sentence to life imprisonment according to law upon the expiration of the two-year suspension of execution, without commutation or parole.

Article 384 Any State functionary who, taking advantage of his position, misappropriates public funds for his personal use and carries out illegal activities, or misappropriates a relatively large amount of public funds for profit-making activities, or misappropriates a relatively large amount of public funds and fails to repay it after three months, shall be guilty of misappropriating public funds and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and does not return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Whoever misappropriates funds and goods used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, migration and relief for his own use shall be given a heavier punishment.

Article 385 Any State functionary who, taking advantage of his position, extorts money or property from another person or illegally accepts money or property from another person in order to seek benefits for another person shall be guilty of accepting bribes.

Any State functionary who, in economic intercourse, violates State regulations by accepting rebates and service charges of various descriptions and taking them into his own possession shall be regarded as taking bribes and punished.

Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law on the basis of the amount and circumstances of the bribes he has received. A heavier punishment shall be given for demanding bribes.

Article 387 If a State organ, State owned company, enterprise, institution or people's organization extorts or illegally accepts another person's money or property and seeks benefits for another person, if the circumstances are serious, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Any unit listed in the preceding paragraph that secretly accepts rebates and service charges of various names outside its accounts in economic transactions shall be regarded as accepting bribes and punished in accordance with the provisions of the preceding paragraph.

Article 388 Any State functionary who, by taking advantage of his own functions and powers or position, seeks illegitimate benefits for the entrusting party through the official acts of other State functionaries, demands or accepts the entrusting party's property shall be regarded as accepting bribes and punished.

Article 388-1 Close relatives of a State functionary or other persons closely related to the State functionary seek illegitimate benefits for the client through the official conduct of the State functionary, or by taking advantage of the conveniences formed by the functions and powers or status of the State functionary, or through the official conduct of other State functionaries, Whoever extorts or accepts money or property from the entrusting party, if the amount is relatively large or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or sentenced to confiscation of property.

If a State functionary who leaves his post or his close relatives or other persons who have close relations with him, taking advantage of the conveniences formed by the former functions and powers or status of the State functionary who leaves his post, commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of the preceding paragraph.

Article 389 Whoever gives money or property to a State functionary for the purpose of seeking illegitimate benefits shall be guilty of offering bribes.

Any person who, in violation of State regulations, gives a relatively large amount of money or property to a State functionary or, in violation of State regulations, gives a State functionary rebates or service charges in various names shall be regarded as offering bribes and punished.

It is not bribery to give money or property to a state functionary for extortion without obtaining illegitimate benefits.

Article 390 Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate benefits by offering bribes, if the circumstances are serious, or causes heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are especially serious or cause especially heavy losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.

A briber who voluntarily confesses his bribery before being prosecuted may be given a lighter or mitigated punishment. Among them, if the crime is relatively minor, plays a key role in solving a major case, or performs major meritorious service, the punishment may be mitigated or exempted.

Article 390-1 Whoever, for the purpose of seeking illegitimate interests, offers bribes to the close relatives of a State functionary or other persons who have close relations with that State functionary, or to a State functionary who leaves his post or his close relatives or other persons who have close relations with him, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious or cause heavy losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are especially serious or cause especially heavy losses to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than 10 years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

Article 391 Whoever, for the purpose of seeking illegitimate interests, gives money or property to a State organ, State owned company, enterprise, institution or people's organization, or, in economic intercourse, violates State regulations by giving rebates or service charges of various descriptions, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Article 392 Whoever introduces a bribe to a State functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

If a person who introduces a bribe voluntarily confesses the act of introducing a bribe before being prosecuted, he may be given a mitigated punishment or exempted from punishment.

Article 393 If a unit offers bribes to seek illegitimate benefits or, in violation of State regulations, gives rebates or service charges to State functionaries, if the circumstances are serious, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. If the illegal gains obtained by offering bribes belong to individuals, they shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law.

Article 394 Any State functionary who, in his domestic official activities or in his foreign contacts, accepts gifts but fails to do so in accordance with State regulations, if the amount involved is relatively large, shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.

Article 395 If the property and expenditure of a State functionary obviously exceed his lawful income, and the difference is huge, he may be ordered to explain the source. If he cannot explain the source, the difference shall be regarded as illegal income and he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is especially huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. The balance of the property shall be recovered.

State functionaries shall declare their deposits abroad in accordance with State regulations. If the amount is relatively large and he conceals it, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, the unit to which he belongs or the competent authority at a higher level shall, at its discretion, impose administrative sanctions.

Article 396 If a State organ, State owned company, enterprise, institution or people's organization, in violation of State regulations, distributes State owned assets collectively to individuals in the name of the unit, if the amount involved is relatively large, the persons who are directly in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a judicial organ or an administrative law enforcement organ, in violation of State regulations, collectively and privately distributes the confiscated property that should be turned over to the State to individuals in the name of the unit, it shall be punished in accordance with the provisions of the preceding paragraph.

Chapter IX Crime of Dereliction of Duty

Article 397 Any functionary of a State organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, such provisions shall prevail.

Any functionary of a State organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. Where this Law provides otherwise, such provisions shall prevail.

Article 398 Any functionary of a State organ who, in violation of the provisions of the Law on Guarding State Secrets, intentionally or negligently divulges State secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

If a person who is not a functionary of a State organ commits the crime mentioned in the preceding paragraph, he shall be punished according to the provisions of the preceding paragraph as appropriate.

Article 399 Judicial staff who bend the law for personal gain or for favoritism, make a person prosecuted for knowing he is innocent, intentionally shield a person from prosecution for knowing he is guilty, or intentionally violate the facts and law in criminal trial activities and make a judgment by bending the law, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Whoever, in civil or administrative adjudication activities, intentionally violates the facts and the law and twists the law to adjudicate, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

If, in the execution of a judgment or order, he seriously neglects his responsibility or abuses his power, fails to take litigation preservation measures according to law, or fails to perform his statutory enforcement duties, or illegally takes litigation preservation measures or compulsory enforcement measures, thus causing heavy losses to the interests of the parties or other persons, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If especially heavy losses are caused to the interests of the parties or others, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Any judicial officer who accepts bribes and commits any of the acts mentioned in the preceding three paragraphs, which at the same time constitutes a crime as prescribed in Article 385 of this Law, shall be convicted and punished in accordance with the provisions on heavier punishment.

Article 399-1 Any person who, in the course of arbitration, intentionally goes against the facts and the law and makes an award by bending the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 400 A judicial officer who releases a criminal suspect, defendant or criminal in custody without authorization shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Any judicial officer who, due to his gross neglect of duty, causes a criminal suspect, defendant or criminal in custody to escape, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 401 Any judicial officer who, engaging in malpractices for personal gain, grants commutation, parole or temporary execution outside prison to a criminal who does not meet the conditions for commutation, parole or temporary execution outside prison shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 402 Administrative law enforcement personnel who engage in malpractices for personal gain and do not hand over those who should be handed over to judicial organs for investigation of criminal responsibility according to law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 403 Any functionary of a State organ of the relevant competent department of the State who, engaging in malpractices for personal gain and abusing his power, approves or registers an application for the establishment or registration of a company or an application for the issuance or listing of stocks or bonds that does not meet the conditions prescribed by law, thus causing heavy losses to public property and the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Where a department at a higher level compels a registration organ and its staff members to commit the act mentioned in the preceding paragraph, the persons directly in charge shall be punished in accordance with the provisions of the preceding paragraph.

Article 404 Any staff member of a tax authority who, engaging in malpractices for personal gain, fails to collect or underpays the amount of tax payable, thus causing heavy losses to the State's tax revenue, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 405 Any functionary of a tax authority who, in violation of the provisions of laws and administrative rules and regulations, engages in malpractices for personal gain in selling invoices, offsetting taxes, or refunding taxes for exports, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than five years.

Any functionary of other State organs who, in violation of State regulations, engages in malpractices for personal gain in the work of providing export tax refund vouchers such as the declaration form for export goods and the verification and cancellation form for export receipts, thus causing heavy losses to the interests of the State, shall be punished in accordance with the provisions of the preceding paragraph.

Article 406 Any functionary of a State organ who, in the course of signing or performing a contract, is defrauded due to gross irresponsibility, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes especially heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 407 Any staff member of the competent forestry department who, in violation of the provisions of the Forest Law, issues tree cutting licenses in excess of the approved annual cutting quota or arbitrarily issues tree cutting licenses in violation of regulations, if the circumstances are serious and the forest is seriously damaged, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 408 Any functionary of a State organ responsible for environmental protection, supervision and management who, through his gross neglect of duty, leads to a major environmental pollution accident, which causes heavy losses of public or private property or serious consequences of casualties, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 408-1 Any functionary of a State organ responsible for the supervision and administration of food and drug safety who abuses his power or neglects his duty and commits one of the following acts, causing serious consequences or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the consequences are especially serious or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years:

（1） Concealing or falsely reporting food safety accidents and drug safety incidents;

（2） Failing to investigate and deal with serious food and drug safety violations as required;

（3） In the process of examination and approval of drugs and special foods, the application that does not meet the conditions is approved;

（4） Failing to transfer the criminal responsibility that should be transferred to the judicial organ according to law;

（5） Other acts of abuse of power or dereliction of duty.

Whoever commits the crime mentioned in the preceding paragraph by engaging in malpractices for personal gain shall be given a heavier punishment.

Article 409 Any functionary of the public health administration department engaged in the prevention and treatment of infectious diseases who, through his gross neglect of duty, causes the spread or prevalence of an infectious disease, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 410 Any functionary of a State organ who engages in malpractices for personal gain, violates land administration regulations, abuses his power, illegally approves the requisition, requisition or occupation of land, or illegally transfers the right to use State owned land at a low price, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes especially heavy losses to the interests of the State or the collective shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 411 Any Customs officer who engages in malpractices for personal gain and indulges in smuggling, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 412 Any functionary of the State Administration for Commodity Inspection or the commodity inspection authorities who, engaging in malpractices for personal gain, forges inspection results shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Any person listed in the preceding paragraph who, grossly neglecting his responsibility, fails to inspect the articles that should be inspected, delays inspection and issuance of certificates, or wrongly issues certificates, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 413 Any quarantine officer of an animal and plant quarantine organ who, engaging in malpractices for personal gain, forges a quarantine result shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Any person listed in the preceding paragraph who, grossly neglecting his duty, fails to quarantine the quarantine objects that should be quarantined, delays quarantine inspection and the issuance of certificates, or wrongly issues certificates, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 414 Any functionary of a State organ who is held accountable for the criminal act of producing or selling fake or inferior commodities, engages in malpractices for personal gain and fails to perform his duty of investigation as prescribed by law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 415 Any functionary of a State organ in charge of handling passports, visas and other entry and exit documents who knowingly grants an entry and exit certificate to a person who attempts to illegally cross the national border (frontier), or any functionary of a State organ such as a frontier guard or customs office who knowingly grants clearance to a person who illegally crosses the national border (frontier), shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 416 Any functionary of a State organ who is responsible for rescuing an abducted, trafficked or kidnapped woman or child, if he fails to rescue the woman or child after receiving a request for rescuing the abducted, trafficked or kidnapped woman or child and her family members or receiving a report from another person, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Any functionary of a State organ responsible for rescue who, taking advantage of his position, obstructs rescue shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 417 Any functionary of a State organ who has the duty to investigate and suppress criminal activities and provides information and facilities to criminals to help them escape punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 418 Any functionary of a State organ who engages in malpractices for personal gain in recruiting public servants or students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 419 Any functionary of a State organ who seriously neglects his duty and causes damage to or loss of valuable cultural relics, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Chapter X Crimes of Servicemen Violating Their Duties

Article 420 Any act committed by a serviceman who violates his duties, endangers the military interests of the State and should be punished according to law is a crime committed by a serviceman in violation of his duties.

Article 421 Whoever disobeys an order during wartime, thereby harming the war, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If heavy losses are caused to a battle or campaign, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 422 Whoever intentionally conceals or falsely reports the military situation or refuses to pass on or falsely passes on military orders, thereby harming operations, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If heavy losses are caused to a battle or campaign, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 423 Whoever, fearing life and death on the battlefield, voluntarily lays down his weapons and surrenders to the enemy shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Whoever, after surrender, serves the enemy shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 424 Whoever escapes at the moment of war shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If heavy losses are caused to a battle or campaign, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 425 Commanders and personnel on duty who leave their posts without permission or neglect their duties, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever commits the crime mentioned in the preceding paragraph during wartime shall be sentenced to fixed-term imprisonment of not less than five years.

Article 426 Whoever, by means of violence or threat, obstructs a commander or a person on duty from performing his duties shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Heavier punishment in wartime.

Article 427 Whoever abuses his power and instigates his subordinates to engage in activities in violation of their duties, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Article 428 Commanders who disobey orders, flinch at the battle, and are passive in operations, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years; If heavy losses are caused to a battle or campaign, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 429 Any commander who, on the battlefield, knows that the friendly adjacent forces are in a critical situation and requests for rescue, but fails to do so, thus causing heavy losses to the friendly adjacent forces, shall be sentenced to fixed-term imprisonment of not more than five years.

Article 430 Whoever, in the course of performing his official duties, leaves his post without permission, defectes to or from outside the country, thereby endangering the military interests of the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever pilots an aircraft or a ship and defectes, or if there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 431 Whoever illegally obtains military secrets by stealing, spying or buying, shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Whoever steals, spies on, buys or illegally provides military secrets for institutions, organizations or personnel outside the country shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 432 Whoever, in violation of the laws and regulations on guarding State secrets, intentionally or negligently divulges military secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Whoever commits the crime mentioned in the preceding paragraph during wartime shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 433 Whoever spreads rumors to mislead people and shake the morale of the army during wartime shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 434 Whoever during wartime injures himself to evade his military obligations shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 435 Whoever, in violation of the military service law, escapes from the army, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Whoever commits the crime mentioned in the preceding paragraph during wartime shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 436 Whoever violates the regulations on the use of weapons and equipment, if the circumstances are serious, thus causing an accident of responsibility, causing serious injury or death to another person or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 437 Whoever, in violation of the regulations on the administration of weapons and equipment, changes the purpose of weapons and equipment allocation without authorization, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 438 Whoever steals or snatches weapons, equipment or military materials shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever steals or forcibly seizes guns, ammunition or explosives shall be punished in accordance with the provisions of Article 127 of this Law.

Article 439 Whoever illegally sells or transfers military weapons and equipment shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever sells or transfers a large amount of weapons and equipment or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 440 Whoever, in violation of an order, abandons weapons and equipment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever abandons important or large quantities of weapons and equipment, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.

Article 441 Whoever loses weapons and equipment and fails to report it in time, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 442 If, in violation of regulations, the real estate of the army is sold or transferred without authorization, and the circumstances are serious, the persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 443 Whoever abuses his power and maltreats his subordinates, if the circumstances are flagrant, causing serious injury to another person or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than five years.

Article 444 If a wounded or sick serviceman is deliberately abandoned on the battlefield, if the circumstances are flagrant, the persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than five years.

Article 445 Whoever, in wartime, refuses to treat critically wounded or ill servicemen when he has the conditions to do so, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If serious disability, death or other serious circumstances are caused to a wounded or sick serviceman, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Article 446 Whoever, in wartime, cruelly injures or plunders the property of innocent residents in the military operation area shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Article 447 Whoever releases a prisoner without authorization shall be sentenced to fixed-term imprisonment of not more than five years; Whoever releases important prisoners or more prisoners without authorization, or if there are other serious circumstances involved, shall be sentenced to fixed-term imprisonment of not less than five years.

Article 448 Whoever maltreats a prisoner, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years.

Article 449 During wartime, a serviceman who is sentenced to fixed-term imprisonment of not more than three years and whose sentence is suspended without real danger is allowed to perform meritorious service for his crime. If he truly performs meritorious service, he may revoke the original sentence and not be punished as a crime.

Article 450 This Chapter shall apply to officers, civilian cadres, soldiers and cadets with military status of the Chinese People's Liberation Army in active service, police officers, civilian cadres, soldiers and cadets with military status of the Chinese People's Armed Police Force, as well as civilian personnel, reservists and other personnel performing military tasks.

Article 451 The term "wartime" as used in this Chapter refers to the time when the state declares that it is in a state of war, when the troops receive combat missions or when they are suddenly attacked by the enemy.

When the troops perform martial law tasks or deal with sudden violence, they shall be regarded as wartime.

supplementary articles

Article 452 This Law shall enter into force as of October 1, 1997.

The regulations, supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress listed in Annex I to this Law, which have been incorporated into this Law or are no longer applicable, shall be repealed as of the date this Law goes into effect.

The supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress, which are listed in Annex II to this Law, shall be retained, of which the provisions on administrative penalties and administrative measures shall remain in force; Provisions on criminal responsibility have been incorporated into this Law, and the provisions of this Law shall apply as of the date this Law goes into effect.

Annex I

The following regulations, supplementary provisions and decisions enacted by the Standing Committee of the National People's Congress, which have been incorporated into this Law or are no longer applicable, shall be repealed as of the date this Law goes into effect:

1. Provisional Regulations of the People's Republic of China on Punishing Servicemen for Crimes of Violating Their Duties

2. Decision on the Severe Punishment of Criminals Who Seriously Undermine the Economy

3. Decision on the Severe Punishment of Criminals Who Seriously Endanger Public Security

4. Supplementary Provisions on Punishing the Crime of Smuggling

5. Supplementary Provisions on Punishing the Crimes of Corruption and Bribery

6. Supplementary Provisions on Punishing the Crime of Divulging State Secrets

7. Supplementary Provisions on Punishment of the Crimes of Catching and Killing Precious and Endangered Wildlife under Special State Protection

8. Decision on Punishment of the Crimes of Insulting the National Flag and National Emblem of the People's Republic of China

9. Supplementary Provisions on Punishing the Crime of Stealing and Excavating Sites of Ancient Culture and Ancient Tombs

10. Decision on Punishment of Offenders of Aircraft Hijacking

11. Supplementary Provisions on Punishing Crimes of Counterfeiting Registered Trademarks

12. Decision on Punishing the Crimes of Producing and Selling Fake and Inferior Commodities

13. Decision on Punishing Crimes of Infringement of Copyright

14. Decision on Punishment of Crimes Violating the Company Law

15. Decision on Dealing with Criminals and Persons Undergoing Reeducation through Labor Who Escape or Commit New Crimes

Annex II

The following supplementary provisions and decisions formulated by the Standing Committee of the National People's Congress shall be retained, of which the provisions on administrative penalties and administrative measures shall remain in force; Provisions on criminal responsibility have been incorporated into this Law, and the provisions of this Law shall apply as of the date this Law goes into effect:

1. Decision on Drug Control

2. Decision on Punishing Criminals Who Smuggle, Produce, Sell or Disseminate Pornographic Articles

3. Decision on the Severe Punishment of Criminals Who Abduct and Trafficking in Women and Children

4. Decision on Prohibiting Prostitution

5. Supplementary Provisions on Punishing Crimes of Tax Evasion and Refusal to Pay Tax

6. Supplementary Provisions on Severely Punishing the Crime of Organizing and Transporting Others to illegally cross the national (frontier) border

7. Decision on Punishing Crimes of Disrupting Financial Order

8. Decision on Punishing the Crimes of Falsely Writing, Forging and Illegally Selling Special VAT Invoices