The ringleaders of the crime of splitting the country shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years.
1、 The sentencing standards for the crime of splitting the country:
1. If this crime is constituted, the ringleaders or those who commit a major crime shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years;
2. Those who participate actively shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;
3. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
2、 Elements of the crime of splitting the country:
1. The object of this crime is the political power of the people's democratic dictatorship and the socialist system.
2. The objective elements of this crime are the organization, planning and implementation of the act of splitting the country and undermining national unity.
3. Main element: the subject of this crime is a general subject, and any natural person who reaches the legal age of criminal responsibility and has the capacity of criminal responsibility can become the subject of this crime.
4. Subjective elements, this crime is intentional in the subjective aspect.
[Legal Basis]
Article 103 of the Criminal Law of the People's Republic of China states that if anyone organizes, plans or implements the plan to split the country or undermine national unity, 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 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.
