Criminal Law of the People's Republic of China (Amended in 2015) (Edited by Lexiscn.com)

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Criminal Law of the People's Republic of China (Amended in 2015) (Edited by Lexiscn.com)

August 29, 2015

Adopted at the second meeting of the Fifth National Congress of the People's Republic of China on July 1, 1979; revised at the fifth meeting of the Eighth National Congress of the People's Republic of China on March 14, 1997; amended in accordance with the Amendment I to the Criminal Law of the People's Republic of China on December 25, 1999; amended in accordance with the Amendment II to the Criminal Law of the People's Republic of China on August 31, 2001; amended in accordance with the Amendment III to the Criminal Law of the People's Republic of China on December 29, 2001; amended in accordance with the Amendment IV to the Criminal Law of the People's Republic of China on December 28, 2002; amended in accordance with the Amendment V to the Criminal Law of the People's Republic of China on February 28, 2005; amended in accordance with the Amendment VI to the Criminal Law of the People's Republic of China on June 29, 2006; amended in accordance with the Amendment VII to the Criminal Law of the People's Republic of China on February 28, 2009; amended in accordance with the Amendment VIII to the Criminal Law of the People's Republic of China on February 25, 2011; and amended in accordance with the Amendment IX to the Criminal Law of the People's Republic of China on August 29, 2015.

TABLE OF CONTENTS:
PART ONE GENERAL PROVISIONS
CHAPTER I THE AIM, BASIC PRINCIPLES AND SCOPE OF APPLICATION OF THE CRIMINAL LAW
CHAPTER II CRIMES
SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY
SECTION 2 PREPARATION FOR A CRIME, CRIMINAL ATTEMPT AND DISCONTINUATION OF A CRIME
SECTION 3 JOINT CRIMES
SECTION 4 CRIMES COMMITTED BY A UNIT
CHAPTER III PUNISHMENTS
SECTION 1 TYPES OF PUNISHMENTS
SECTION 2 PUBLIC SURVEILLANCE
SECTION 3 CRIMINAL DETENTION
SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT
SECTION 5 THE DEATH PENALTY
SECTION 6 FINES
SECTION 7 DEPRIVATION OF POLITICAL RIGHTS
SECTION 8 CONFISCATION OF PROPERTY
CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS
SECTION 1 SENTENCING
SECTION 2 RECIDIVISTS
SECTION 3 VOLUNTARY SURRENDER AND MERITORIOUS PERFORMANCE
SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES
SECTION 5 SUSPENSION OF SENTENCE
SECTION 6 COMMUTATION OF PUNISHMENT
SECTION 7 PAROLE
SECTION 8 LIMITATION
CHAPTER V OTHER PROVISIONS
PART TWO SPECIFIC PROVISIONS
CHAPTER I CRIMES OF ENDANGERING NATIONAL SECURITY
CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY
CHAPTER III CRIMES OF DISRUPTING THE ORDER OF THE SOCIALIST MARKET ECONOMY
SECTION 1 CRIMES OF PRODUCING AND MARKETING FAKE OR SUBSTANDARD COMMODITIES
SECTION 2 CRIMES OF SMUGGLING
SECTION 3 CRIMES OF DISRUPTING THE ORDER OF ADMINISTRATION OF COMPANIES AND ENTERPRISES
SECTION 4 CRIMES OF DISRUPTING THE ORDER OF FINANCIAL ADMINISTRATION
SECTION 5 CRIMES OF FINANCIAL FRAUD
SECTION 6 CRIMES OF JEOPARDIZING ADMINISTRATION OF TAX COLLECTION
SECTION 7 CRIMES OF INFRINGING ON INTELLECTUAL PROPERTY RIGHTS
SECTION 8 CRIMES OF DISRUPTING MARKET ORDER
CHAPTER IV CRIMES OF INFRINGING UPON CITIZENS' RIGHT OF THE PERSON AND DEMOCRATIC RIGHTS
CHAPTER V CRIMES OF PROPERTY VIOLATION
CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF PUBLIC ORDER
SECTION 1 CRIMES OF DISTURBING PUBLIC ORDER
SECTION 2 CRIMES OF IMPAIRING JUDICIAL ADMINISTRATION
SECTION 3 CRIMES AGAINST CONTROL OF NATIONAL BORDER (FRONTIER)
SECTION 4 CRIMES AGAINST CONTROL OF CULTURAL RELICS
SECTION 5 CRIMES OF IMPAIRING PUBLIC HEALTH
SECTION 6 CRIMES OF IMPAIRING THE PROTECTION OF ENVIRONMENT AND RESOURCES
SECTION 7 CRIMES OF SMUGGLING, TRAFFICKING IN, TRANSPORTING AND MANUFACTURING NARCOTIC DRUGS
SECTION 8 CRIMES OF ORGANIZING, FORCING, LURING, SHELTERING OR PROCURING OTHER PERSONS TO ENGAGE IN PROSTITUTION
SECTION 9 CRIMES OF PRODUCING, SELLING, DISSEMINATING PORNOGRAPHIC MATERIALS
CHAPTER VII CRIMES OF IMPAIRING THE INTERESTS OF NATIONAL DEFENCE
CHAPTER VIII CRIMES OF EMBEZZLEMENT AND BRIBERY
CHAPTER IX CRIMES OF DERELICTION OF DUTY
CHAPTER X CRIMES OF SERVICEMEN'S TRANSGRESSION OF DUTIES
SUPPLEMENTARY PROVISIONS

PART ONE GENERAL PROVISIONS

CHAPTER I THE AIM, BASIC PRINCIPLES AND SCOPE OF APPLICATION OF THE CRIMINAL LAW

Article 1 In order to punish crimes and protect the people, this Law is enacted on the basis of the Constitution and in the light of the concrete experiences and actual circumstances in China's fight against crimes.

Article 2 The aim of the Criminal Law of the People's Republic of China is to use criminal punishments to fight against all criminal acts in order to safeguard security of the State, to defend the State power of the people's democratic dictatorship and the socialist system, to protect property owned by the State, and property collectively owned by the working people and property privately owned by citizens, to protect citizens' rights of the person and their democratic and other rights, to maintain public and economic order, and to ensure the smooth progress of socialist construction.

Article 3 For acts that are explicitly defined as criminal acts in law, the offenders shall be convicted and punished in accordance with law; otherwise, they shall not be convicted or punished.

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

Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender.

Article 6 This Law shall be applicable to anyone who commits a crime within the territory and territorial waters and space of the People's republic of China, except as otherwise specifically provided by law.
This Law shall also be applicable to anyone who commits a crime on board a ship or aircraft of the People's Republic of China.
If a criminal act or its consequence takes place within the territory or territorial waters or space of the People's Republic of China, the crime shall be deemed to have been committed within the territory and territorial waters and space of the People's Republic of China.

Article 7 This Law shall be applicable to any citizen 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; however, if the maximum punishment to be imposed is fixed-term imprisonment of not more than three years as stipulated in this Law, he may be exempted from the investigation for his criminal responsibility.
This Law shall be applicable to any State functionary or serviceman 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 any foreigner who commits a crime 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 any of its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the laws of the place where it is committed.

Article 9 This Law shall be applicable to crimes which are stipulated in international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China exercises criminal jurisdiction within the scope of obligations, prescribed in these treaties, it agrees to perform.

Article 10 Any person who commits a crime outside the territory and territorial waters and space of the People's Republic of China, for which according to this Law he should bear criminal responsibility, may still be investigated for his criminal responsibility according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the 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 solved through diplomatic channels.

Article 12 If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws at the time, those laws shall apply. If the act was deemed a crime under the laws in force at the time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with those laws. However, if according to this Law the act is not deemed a crime or is subject to a lighter punishment, this Law shall apply.
Before the entry into force of this Law, any judgment that has been made and has become effective according to the laws at the time shall remain valid.

CHAPTER II CRIMES

SECTION 1: CRIMES AND CRIMINAL RESPONSIBILITY

Article 13 A crime refers to an act that endangers the sovereignty, territorial integrity and security of the State, splits the State, subverts the State power of the people's democratic dictatorship and overthrows the socialist system, undermines public and economic order, violates State-owned property, property collectively owned by the working people, or property privately owned by citizens, infringes on the citizens' rights of the person, their democratic or other rights, and any other act that endangers society and is subject to punishment according to law. However, if the circumstances are obviously minor and the harm done is not serious, the act shall not be considered a crime.

Article 14 An intentional crime refers to an act committed by a person who clearly knows that his act will entail harmful consequences to society but who wishes 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 an act committed by a person who should have foreseen that his act would possibly entail harmful consequences to society but who fails to do so through his negligence or, having foreseen the consequences, readily believes that they can be avoided, so that the consequences do occur.
Criminal responsibility shall be borne for negligent crimes only when the law so provides.

Article 16 An act is not a crime if it objectively results in harmful consequences due to irresistible or unforeseeable causes rather than intent or negligence.

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, intentionally hurts another person so as to cause serious injury or death of the person, or commits rape, robbery, drug- trafficking, arson, explosion or poisoning, he shall bear criminal responsibility.
If a person who has reached the age of 14 but not the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline him. When necessary, he may be taken in by the government for rehabilitation.
Article 17a
A person attaining the age of 75 may be given a lighter or mitigated penalty if he commits an intentional crime; or shall be given a lighter or mitigated penalty if he commits a negligent crime.

Article 18 If a mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him under strict watch and control and arrange for his medical treatment. When necessary, the government may compel him to receive medical treatment.
Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state.
If a mental patient who has not completely lost the ability of recognizing or controlling his own conduct commits a crime, he shall bear criminal responsibility; however, he may be given a lighter or mitigated punishment.
Any intoxicated person who commits a crime shall bear criminal responsibility.

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

Article 20 An act that a person commits to stop an unlawful infringement in order to prevent the interests of the State and the public, or his own or other person's rights of the person, property or other rights from being infringed upon by the on-going infringement, thus harming the perpetrator, is justifiable defence, and he shall not bear criminal responsibility.
If a person's act of justifiable defence obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility; however, he shall be given a mitigated punishment or be exempted from punishment.
If a person acts in defence against an on-going assault, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers his personal safety, thus causing injury or death to the perpetrator of the unlawful act, it is not undue defence, and he shall not bear criminal responsibility.

Article 21 If a person is compelled to commit an act in an emergency to avert an immediate danger to the interests of the State or the public, or his own or another person's rights of the person, property or other rights, thus causing damage, he shall not bear criminal responsibility.
If the act committed by a person in an emergency to avert danger exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility; however, he shall be given a mitigated punishment or be exempted from punishment.
The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is charged with special responsibility in his post or profession.

SECTION 2: PREPARATION FOR A CRIME, CRIMINAL ATTEMPT AND DISCONTINUATION OF A CRIME

Article 22 Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.
An offender who prepares for a crime may, in comparison with one who completes the crime, be given a lighter or mitigated punishment or be exempted from punishment.

Article 23 A criminal attempt refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will.
An offender who attempts to commit a crime may, in comparison with one who completes the crime, be given a lighter or mitigated punishment.

Article 24 Discontinuation of a crime refers to a case where, in the course of committing a crime, the offender voluntarily discontinues the crime or voluntarily and effectively prevents the consequences of the crime from occurring.
An offender who discontinues a crime shall, if no damage is caused, be exempted from punishment or, if any damage is caused, be given a mitigated punishment.

SECTION 3: JOINT CRIMES

Article 25 A joint crime refers to an intentional crime committed by two or more persons jointly.
A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; however, those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

Article 26 A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.
A criminal group refers to a relatively stable criminal organization formed by three or more persons for the purpose of committing crimes jointly.
Any ringleader who organizes or leads a criminal group shall be punished on the basis of all the crimes that the criminal group has committed.
Any principal criminal not included in Paragraph 3 shall be punished on the basis of all the crimes that he participates in or that he organizes or directs.

Article 27 An accomplice refers to any 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 Anyone who is coerced to participate in a crime shall be given a mitigated punishment or be exempted from punishment in the light of the circumstances of the crime he commits.

Article 29 Anyone who instigates another to commit a crime shall be punished according to the role he plays in a joint crime. Anyone who 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: CRIMES COMMITTED BY A UNIT

Article 30 Any company, enterprise, institution, State organ, or organization that commits an act that endangers society, which is prescribed by law as a crime committed by a unit, 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 given criminal punishment. Where it is otherwise provided for in the Specific Provisions of this Law or in other laws, those provisions shall prevail.

CHAPTER III PUNISHMENTS

SECTION 1: TYPES OF PUNISHMENTS

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

Article 33 The principal punishments are as follows:
(1) public surveillance;
(2) criminal detention;
(3) fixed-term imprisonment;
(4) life imprisonment; and
(5) the death penalty.

Article 34 The supplementary punishments are as follows:
(1) fine;
(2) deprivation of political rights; and
(3) confiscation of property.
Supplementary punishments may be imposed independently.

Article 35 Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

Article 36 If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal punishment according to law, be sentenced to making compensation for the economic losses in the light of the circumstances.
If criminal who is liable for civil compensation is sentenced to a fine at the same time but his property is not sufficient to pay both the compensation and the fine, or if he is sentenced to confiscation of property at the same time, he shall, first of all, bear his liability for civil compensation to the victim.

Article 37 If the circumstances of a person's crime are minor and do not require criminal punishment, he may be exempted from it; however, he may, depending on the different circumstances of the case, be reprimanded or ordered to make a statement of repentance, offer an apology or pay compensation for the losses, or be subjected to administrative penalty or administrative sanctions by the competent department.
Article 37a Whoever is sentenced to criminal punishment due to a crime committed by taking advantage of his profession or a crime committed in violation of the specific obligations required by his profession may be prohibited by a people's court, based on the circumstances of the crime and the need for prevention of further crime, from engaging in the relevant profession within a term of three to five years from the date when the criminal punishment ends or the date when he is released on parole.
If a person who is prohibited from engaging in the relevant profession violates the decision of a people's court made in accordance with the preceding paragraph, the person shall be subject to punishment by the public security organ and, if the circumstances are serious, shall be convicted and punished in accordance with Article 313 hereof.
If there are other prohibitive or restrictive provisions in any other law or administrative regulation on the person's engagement in the relevant profession, such provisions shall prevail.

SECTION 2: PUBLIC SURVEILLANCE

Article 38 The term of public surveillance shall be not less than three months but not more than two years.
In light of the crime committed, a convict sentenced to control may also be prohibited from engaging in certain activities, entering certain areas or places or contacting certain persons during the term of execution.
Criminals sentenced to control shall be subject to community correction.
Whoever violates a restraining order as provided for in paragraph 2 shall be punished in accordance with the Law of the People's Republic of China on Public Security Administration Punishments.

Article 39 Any criminal who is sentenced to public surveillance shall observe the following during the term in which his sentence is being executed:
(1) observe laws and administrative rules and regulations, and submit to supervision;
(2) exercise no right of freedom of speech, of the press, of assembly, of association, of procession or of demonstration without the approval of the organ executing the public surveillance;
(3) report on his own activities as required by the organ executing the public surveillance;
(4) observe the regulations for receiving visitors stipulated by the organ executing the public surveillance; and
(5) report to obtain approval from the organ executing the public surveillance for any departure from the city or county he lives in or for any change in residence.
Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

Article 40 Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to his work unit or the people of the place where he resides.

Article 41 A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered two days of the term sentenced.

SECTION 3: CRIMINAL DETENTION

Article 42 A term of criminal detention shall be not less than one month but not more than 6 months.

Article 43 Where a criminal is sentenced to criminal detention, the sentence shall be executed by the public security organ in the vicinity.
During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate remuneration may be given to those who participate in labor.

Article 44 A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.

SECTION 4: FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT

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

Article 46 Any criminal who is sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for the execution. Anyone who is able to work shall do so to accept education and reform through labor.

Article 47 A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, one day in custody shall be considered one day of the term sentenced.

SECTION 5: THE DEATH PENALTY

Article 48 The death penalty shall only be applied to criminals who have committed extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.
All death sentences, except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for verification and approval. Death sentences with a suspension of execution may be decided or verified and approved by a Higher People's Court.

Article 49 The death penalty shall not be imposed on persons who have not reached the age of 18 at the time the crime is committed or on women who are pregnant at the time of trial.
Death penalty shall not be given to a person attaining the age of 75 at the time of trial, unless he has caused the death of another person by especially cruel means.

Article 50 Where a criminal sentenced to death penalty with probation commits no intentional crime within the period of probation, his sentence shall be commuted to life imprisonment upon the expiration of the two-year probation. If the criminal has indeed rendered major meritorious service, his sentence shall be commuted to fixed-term imprisonment of 25 years upon the expiration of the two-year probation. If it is verified that the criminal has committed an intentional crime with flagrant circumstances, the death penalty shall be executed upon being reported to and verification and approval by the Supreme People's Court. If the crime is committed intentionally but the death penalty is not executed, the period of death penalty with probation shall be recalculated and the same shall be reported to the Supreme People's Court for record-filing.
For a recidivist or a convict of murder, rape, robbery, abduction, arson, explosion, dissemination of hazardous substances or organized violence who is sentenced to death with a reprieve, the people's court may, in sentencing, decide to put restrictions on commutation of his sentence in light of the circumstances of the crime committed.

Article 51 The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date the suspension of execution expires.

SECTION 6: FINES

Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53 A fine shall be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is not able to pay the fine in full, a people's court shall demand the payment whenever it finds that the person has property for execution of the fine.
If a person has true difficulties in paying due to an irresistible disaster or other reasons, the payment of the fine may be postponed, reduced as appropriate or remitted upon ruling by a people's court.

SECTION 7: DEPRIVATION OF POLITICAL RIGHTS

Article 54 Deprivation of political rights refers to deprivation of the following rights:
(1) the right to vote and to stand for election;
(2) the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
(3) the right to hold a position in a State organ; and
(4) the right to hold a leading position in any State-owned company, enterprise, institution or people's organization.

Article 55 A term of deprivation of political rights shall be not less than one year but not more than five years, except as stipulated in Article 57 of this Law.
Anyone who is sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.

Article 56 Anyone who commits the crime of endangering national security shall be sentenced to deprivation of political rights as a supplementary punishment; anyone who commits the crime of seriously undermining public order by intentional homicide, rape, arson, explosion, poisoning or robbery may be sentenced to deprivation of political rights as a supplementary punishment.
Where deprivation of political rights is imposed exclusively, the Specific Provisions of this Law shall apply.

Article 57 Any criminal who is sentenced to death or to life imprisonment shall be deprived of his political rights for life.
When a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to a fixed- term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years but not more than 10 years.

Article 58 A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal detention ends or from the date on which parole begins. Deprivation of political rights shall, as a matter of course, be in effect during the period in which the principal punishment is being executed.
Any criminal who is deprived of his political rights shall, during the period of execution, observe laws, administrative rules and regulations and other regulations governing supervision and control stipulated by the department of public security under the State Council and submit to supervision; he shall not exercise any of the rights listed in Article 54 of this Law.

SECTION 8: CONFISCATION OF PROPERTY

Article 59 Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. Where confiscation of all the property of a criminal is imposed, the amount necessary for the daily expenses of the criminal himself and the family members supported by him shall be taken out.
When a sentence of confiscation of property is imposed, property that the criminal's family members own or should own shall not be subject to confiscation.

Article 60 Where it is necessary to use part of the confiscated property to repay the legitimate debts that the criminal incurred before his property is confiscated, the debts shall be repaid at the request of the creditors.

CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS

SECTION 1: SENTENCING

Article 61 When sentencing a criminal, a punishment shall be meted out on the basis of the facts, nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.

Article 62 In cases where the circumstances of a crime call for a heavier or lighter punishment under the provisions of this Law, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.

Article 63 Where there is any circumstance of mitigation of penalty, a convict shall be given a penalty below the statutory penalty; and if there are two or more ranges of sentencing under this Law, the penalty shall be given within the range next lower to the statutory range.
In cases where the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, however, in the light of the special circumstances of the case, and upon verification and approval of the Supreme People's Court, the criminal may still be sentenced to a punishment less than the prescribed punishment.

Article 64 All money and property illegally obtained by a criminal shall be recovered, or compensation shall be ordered; the lawful property of the victim shall be returned without delay; and contrabands and possessions of the criminal that are used in the commission of the crime shall be confiscated. All the confiscated money and property and fines shall be turned over to the State treasury, and no one may misappropriate or privately dispose of them.

SECTION 2: RECIDIVISTS

Article 65 Where a convict sentenced to fixed-term imprisonment or a heavier penalty commits again a crime for which a fixed-term imprisonment or a heavier penalty shall be given within five years after finishing serving his sentence or being pardoned, he shall be a recidivist and be given a heavier penalty, unless it is a negligent crime or he commits the crime under the age of 18.
For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

Article 66 A convict of jeopardizing the national security, terrorist activities or organized crime of a gangland nature shall be punished as a recidivist for any of such crimes committed again by him at any time after he finishes serving his sentence or is pardoned.

SECTION 3: VOLUNTARY SURRENDER AND MERITORIOUS PERFORMANCE

Article 67 Voluntary surrender refers to the act of voluntarily delivering oneself up to justice and truthfully confessing one's crime after one has committed the crime. Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment. The ones whose crimes are relatively minor may be exempted from punishment.
If a criminal suspect or a defendant under compulsory measures or a criminal serving a sentence truthfully confesses his other crimes that the judicial organ does not know, his act shall be regarded as voluntary surrender.
A criminal suspect who truthfully confesses to his crime may be given a lighter penalty although there is no voluntary surrender as mentioned in the preceding two paragraphs; and may be given a mitigated penalty if any especially serious consequence is avoided for his truthful confession.

Article 68 Any criminal who performs such meritorious services as exposing an offence committed by another, which is verified through investigation, or producing important clues for solving other cases may be given a lighter or mitigated punishment. Any criminal who performs major meritorious services may be given a mitigated punishment or be exempted from punishment.

SECTION 4: COMBINED PUNISHMENT FOR SEVERAL CRIMES

Article 69 Where a person is convicted of more than one crime before a sentence is pronounced, except for death penalty or life imprisonment, the term of criminal penalty to be executed shall be decided in light of the actual circumstances below the sum of terms but above the highest term of the imposed criminal penalties; however, the decided term of control shall not exceed three years, the decided term of criminal detention shall not exceed one year, and the decided fixed-term imprisonment shall not exceed 20 years if the sum of terms of fixed-term imprisonment is less than 35 years or shall not exceed 25 years if the sum of terms is 35 years or more.
If, among the crimes, there is any crime for which fixed-term imprisonment and criminal detention are imposed, the fixed-term imprisonment shall be applied. If, among the crimes, there is any crime for which fixed-term imprisonment and public surveillance are imposed or there is any crime for which criminal detention and public surveillance are imposed, public surveillance shall be applied after the fixed-term imprisonment or criminal detention ends.
If there are accessory penalties imposed for the crimes, the accessory penalties must still be executed. Accessory penalties of the same kind shall be executed on a consolidated basis, while those of different kinds shall be executed separately.

Article 70 If, after a judgment has been pronounced but before the punishment has been completely executed, it is discovered that before the judgment is pronounced the criminal committed another crime for which he is not sentenced, a judgment shall also be rendered for the newly discovered crime; the punishment to be executed shall be determined on the basis of the punishments imposed in the earlier and latest judgments and according to the provisions of
Article 69 of this Law. Any portion of the term that has already been served shall count towards fulfilment of the term imposed by the latest judgment.

Article 71 If, after a judgment has been pronounced but before the punishment has been completely executed, the criminal again commits a crime, another judgment shall be rendered for the newly committed crime; the punishment to be executed shall be determined on the basis of the punishment that remains to be executed for the earlier crime and the punishment imposed for the new crime and according to the provisions of Article 69 of this Law.

5: SUSPENSION OF SENTENCE

Article 72 Where a convict sentenced to criminal detention or imprisonment of not more than 3 years meets the following conditions, a probation may be announced, and a probation shall be announced if he is under the age of 18, is pregnant or attains the age of 75:
(1) The circumstances of the crime are minor;
(2) He shows repentance;
(3) He is not likely to commit any offense again; and
(4) Announcing the probation will not have any major adverse impact on the community where he lives.
When probation is announced, in light of the crime committed, the convict may also be prohibited from engaging in certain activities, entering certain areas or places or contacting certain persons during probation.
If there is any accessory penalty imposed on a convict on probation, the accessory penalty must still be executed.

Article 73 The probation period for suspension of criminal detention shall be not less than the term originally decided but not more than one year, however, it may not be less than two months.
The probation period for suspension of fixed-term imprisonment shall be not less than the term originally decided but not more than five years, however, it may not be less than one year.
The probation period for suspension of sentence shall be counted from the date the judgment is made final.

Article 74 Probation shall not apply to recidivists and ringleaders of criminal gangs.

Article 75 A criminal whose sentence is suspended shall observe the followings:
(1) to observe laws and administrative rules and regulations, and submit to supervision;
(2) to report on his own activities as required by the observing organ;
(3) to observe the regulations for receiving visitors stipulated by the observing organ; and
(4) to report to obtain approval from the observing organ for any departure from the city or county he lives in or for any change in residence.

Article 76 A convict on probation shall be subject to community correction during probation, and if none of the circumstances as set out in Article 77 of this Law occurs, the original sentence shall no longer be executed upon expiration of probation, which shall be announced to the public.

Article 77 If, during the probation period for suspension of sentence, a criminal whose sentence is suspended commits a crime again or it is discovered that before the judgment is pronounced, he has committed another crime for which he is not sentenced, the suspension shall be revoked and another judgment rendered for the newly committed or discovered crime; the punishment to be executed shall be decided on the basis of the punishments for the old crime and the new crime and according to the provisions of Article 69 of this Law.
Where a convict on probation violates any provision of laws, administrative regulations or the relevant department of the State Council on probation supervision and management or violates any restraining order in the judgment of the people's court during probation, if the circumstances are serious, the probation shall be revoked and the original sentence shall be executed.

SECTION 6: COMMUTATION OF PUNISHMENT

Article 78 The punishment of a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may be commuted if, while serving his sentence, he conscientiously observes prison regulations, accepts education and reform through labor and shows true repentance or performs meritorious services; the punishment shall be commuted if a criminal performs any of the following major meritorious services:
(1) preventing another person from conducting major criminal activities;
(2) informing against major criminal activities conducted inside or outside prison and verified through investigation;
(3) having inventions or important technical innovations to his credit;
(4) coming to the rescue of another in everyday life and production at the risk of losing his own life;
(5) performing remarkable services in fighting against natural disasters or curbing major accidents; or
(6) making other major contributions to the country and society.
After commutation, the actually executed term of criminal penalty shall not be:
(1) less than 1/2 of the original term of criminal penalty, if control, criminal detention or fixed-term imprisonment is imposed;
(2) less than 13 years, if life imprisonment is imposed; or
(3) less than 25 years if the death penalty with a reprieve imposed on a convict is legally commuted to life imprisonment upon expiration of the reprieve period, or less than 20 years if it is commuted to imprisonment of 25 years upon expiration of the reprieve period, where the people's court has put restrictions on commutation of the death penalty with a reprieve according to paragraph 2, Article 50 of this Law.

Article 79 If punishment to a criminal is to be commuted, the executing organ shall submit to a People's Court at or above the intermediate level a written proposal for commutation of punishment. The People's Court shall form a collegiate panel for examination and, if the criminal is found to have shown true repentance or performed meritorious services, issue an order of commutation. However, no punishment shall be commuted without going through legal procedure.

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

SECTION 7: PAROLE

Article 81 Where a convict sentenced to fixed-term imprisonment has served not less than half of the term of his original sentence, or a convict sentenced to life imprisonment has actually served not less than 13 years of imprisonment, he may be paroled if he earnestly observes the prison rules, accepts reform through education and shows true repentance and is not likely to commit any crime again. Under special circumstances, with the approval of the Supreme People's Court, a parole may be granted without regard to the above restrictions on the term served.
No parole shall be granted to a recidivist or a convict sentenced to imprisonment of not less than 10 years or life imprisonment for murder, rape, robbery, abduction, arson, explosion, dissemination of hazardous substances or organized violent crime.
When a parole decision is made on a convict, the impact of his release on parole on the community where he lives shall be considered.

Article 82 Parole shall be granted to a criminal through the procedure prescribed in Article 79 of this Law. No parole shall be granted without going through legal procedure.

Article 83 The probation period for parole in the case of fixed-term imprisonment shall be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment shall be 10 years.
The probation period for parole shall be counted from the date the criminal is released on parole.

Article 84 Any criminal who is granted parole shall observe the following:
(1) observe laws and administrative rules and regulations, and submit to supervision;
(2) report on his own activities as required by the supervising organ;
(3) observe the regulations for receiving visitors stipulated by the supervising organ; and
(4) report to obtain approval from the supervising organ for any departure from the city or county he lives in or for any change in residence.

Article 85 A convict released on parole shall be subject to community correction during parole according to law, and if none of the circumstances as set out in Article 86 of this Law occurs, the original sentence shall be deemed to have been fully served upon expiration of parole, which shall be announced to the public.

Article 86 If a criminal who is granted parole commits another crime during the probation period for parole, the parole shall be revoked, and he shall be given a combined punishment for several crimes as provided in Article 71 of this Law.
If a criminal who is granted parole is discovered to have committed, before the judgment is pronounced, other crimes for which no punishment is imposed, the parole shall be revoked and a combined punishment for several crimes shall be given according to the provisions of Article 70 of this Law.
Where a convict released on parole violates any provision of laws, administrative regulations or the relevant department of the State Council on parole supervision and management during parole, if it does not constitute a new crime, his parole shall be revoked under statutory procedures, and he shall be taken into custody to serve his remaining term of sentence.

SECTION 8: LIMITATION

Article 87 Crimes shall not be prosecuted if the following periods have elapsed:
(1) five years, when the maximum punishment prescribed is fixed-term imprisonment of less than five years;
(2) 10 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than five years but less than 10 years;
(3) 15 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years; and
(4) 20 years, when the maximum punishment prescribed is life imprisonment or death penalty. If after 20 years it is considered necessary to prosecute a crime, the matter shall be submitted to the Supreme People's Procuratorate for examination and approval.

Article 88 No limitation on the period for prosecution shall be imposed with respect to a criminal who escapes from investigation or trial after a People's Procuratorate, public security organ or national security organ files the case or a People's Court accepts the case.
No limitation on the period for prosecution shall be imposed with respect to a case which should have been but is not filed by a People's Court, People's Procuratorate or public security organ after the victim brings a charge within the period for prosecution.

Article 89 The limitation period for prosecution shall be counted from the date the crime is committed; if the criminal act is of a continual or continuous nature, it shall be counted from the date the criminal act is terminated.
If further crime is committed during a limitation period for prosecution, the limitation period for prosecution of the old crime shall be counted from the date the new crime is committed.

CHAPTER V OTHER PROVISIONS

Article 90 Where the provisions of this Law cannot be completely applied in national autonomous areas, the people's congresses of the autonomous regions or the provinces concerned may formulate adaptive or supplementary provisions on the basis of the political, economic and cultural characteristics of the local ethnic groups and the basic principles stipulated in this Law, and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.

Article 91 "Public property" as mentioned in this Law refers to the following;
(1) property owned by the State;
(2) property owned collectively by working people; and
(3) public donations or special funds used for elimination of poverty or for other public welfare undertakings.
Private property that is being managed, used or transported by State organs, State-owned companies and enterprises, or enterprises owned by collectives, or people's organizations shall be treated as public property.

Article 92 "Citizens' privately owned property" as mentioned in this Law refers to the following;
(1) citizens' lawful earnings, savings, houses and other means of subsistence;
(2) any means of production that is under private or family ownership according to law;
(3) property lawfully owned by self-employed workers or private enterprises; and
(4) shares, stocks, bonds and other property that are under private ownership according to law.

Article 93 "State functionaries" as mentioned in this Law refers to persons who perform public service in State organs.
Persons who perform public service in State-owned companies or, enterprises, institutions or people's organizations, persons who are assigned by State organs, State-owned companies, enterprises or institutions to companies, enterprises or institutions that are not owned by the State or people's organizations to perform public service and the other persons who perform public service according to law shall all be regarded as State functionaries.

Article 94 "Judicial officers" as mentioned in this Law refers to persons who exercise the functions of investigation, prosecution, adjudication and supervision and control.

Article 95 "Serious injuries" as mentioned in this Law refers to any of the following:
(1) injuries resulting in a person's disability or disfigurement;
(2) injuries resulting in a person's loss of his hearing, sight or the function of any other organ; or
(3) other injuries that cause grave harm to a person's physical health.

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

Article 97 "Ringleader" as mentioned in this Law refers to any criminal who plays the role of organizing, plotting or 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 a case shall only be handled if the victim brings a complaint. However, if the victim is unable to bring a complaint because of coercion or intimidation, a People's Procuratorate or a close relative of the victim may bring a complaint.

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

Article 100 Anyone who has been subjected to criminal punishment shall, before being recruited in the army or employed, report to the unit concerned about the fact; he may not conceal it.
Whoever is given a penalty lighter than imprisonment of 5 years for a crime committed under the age of 18 shall be exempted from the reporting obligation as mentioned in the preceding paragraph.

Article 101 The General Provisions of this Law shall be applicable to other laws with provisions for criminal punishments, unless otherwise specifically provided for in those laws.

PART TWO SPECIFIC PROVISIONS

CHAPTER I CRIMES OF ENDANGERING NATIONAL SECURITY

Article 102 Whoever colludes with a foreign State 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 prescribed in the preceding paragraph in collusion with any organ, organization or individual outside the territory of China shall be punished according to the provisions in the preceding paragraph.

Article 103 Among those who organize, plot or carry out the scheme of splitting the State or undermining unity of the country, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the 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 others to split the State or undermine unity of the country shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; the ringleaders and the ones who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.

Article 104 Among those who organize, plot or carry out armed rebellion or armed riot, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the 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 lures or bribes State functionaries or members of the armed forces, the people's police or the people's militia to commit armed rebellion or armed riot shall be given a heavier punishment according to the provisions in the preceding paragraph.

Article 105 Among those who organize, plot or carry out the scheme of subverting the State power or overthrowing the socialist system, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the 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 others by spreading rumors or slanders or any other means to subvert the State power or overthrow the socialist system shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; and the ringleaders and the others who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years.

Article 106 Whoever commits the crime as prescribed in Article 103, 104 or 105 of this Chapter in collusion with any organ, organization or individual outside the territory of China shall be given a heavier punishment according to the provisions stipulated in these Articles respectively.

Article 107 Where any domestic or overseas institution, organization or individual provides financial support for the commission of a crime as provided for in Article 102, 103, 104 or 105 of this Chapter, the directly liable person shall be sentenced to imprisonment of not more than 5 years, criminal detention, control or deprivation of political rights; or if the circumstances are serious, be sentenced to imprisonment of not less than 5 years.

Article 108 Whoever defects to the enemy and turns traitor 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 people's militia to defect to the enemy and turn traitor, he shall be sentenced to fixed- term imprisonment of not less than 10 years or life imprisonment.

Article 109 A state functionary who, in the course of performing his official duties, leaves his post without permission and flees this country or flees when he is already outside this country shall be sentenced to imprisonment of not more than 5 years, criminal detention, control or deprivation of political rights; or if the circumstances are serious, be sentenced to imprisonment of not less than 5 years but not more than 10 years.
A state functionary knowing any national secret, who flees this country or flees when he is already outside this country, shall be given a heavier penalty according to the provision of the preceding paragraph.

Article 110 Whoever endangers national security by committing any of the following acts of espionage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; if the circumstances are 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 a mission assigned by the organization or its agent; or
(2) directing the enemy to any bombing or shelling target.

Article 111 Whoever steals, spies into, buys or unlawfully supplies State secrets or intelligence for an organ, organization or individual outside the territory of China 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 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 aids the enemy during wartime by providing him with weapons and equipment or military materials shall be sentenced to fixed- term imprisonment of not less than 10 years or life imprisonment; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 113 Whoever commits any of the crimes of endangering national security as mentioned above in this Chapter, with the exception of those provided for in Paragraph 2 of Article 103 and in Articles 105, 107 and 109, if the crime causes particularly grave harm to the State and the people or if the circumstances are especially serious, may be sentenced to death.
Whoever commits any of the crimes mentioned in this Chapter may concurrently be sentenced to confiscation of property.

CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY

Article 114 Whoever commits arson, breaches a dike, causes explosion, spreads poisonous or radioactive substances, infectious-disease pathogens or other substances, or uses other dangerous means, thereby endangering public security but causing no serious consequences, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 115 Whoever commits arson, breaches a dike, causes explosion, spreads poisonous or radioactive substances, or infectious-disease pathogens or other substances, or uses other dangerous means, thereby inflicting serious injury or death on people or causing heavy losses of 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 minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 116 Whoever sabotages a train, motor vehicle, tram, ship or aircraft to such a dangerous extent as to overturn or destroy it, but with no 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 a railroad, bridge, tunnel, highway, airport, waterway, lighthouse or sign or conducts any other sabotaging activities to such a dangerous extent as to overturn or destroy it, but with no 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 any electric power or gas facility or any other inflammable or explosive equipment, thereby endangering public security, but causing no 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 any means of transport, transportation facility, electric power facility, gas facility, or inflammable or explosive equipment, thereby 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 minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 120 Whoever forms or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently be sentenced to confiscation of property; whoever actively participates in a terrorist organization shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and concurrently be sentenced to a fine; 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 concurrently be sentenced to a fine.
Whoever, in addition to any crime mentioned in the preceding paragraph, commits any of other crimes such as homicide, explosion or kidnap shall be punished in accordance with the provisions on combined punishment for several crimes.
Article 120a Whoever funds terrorist organizations or individuals involved in terrorist activities, or funds the trainings for 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 concurrently be sentenced to a fine; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property.
Whoever recruits or transports persons for any terrorist organization, or for the carrying out of or the trainings for terrorist activities shall be punished in accordance with the provisions in the preceding paragraph.
Where an organization commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons directly in charge of the organization and other persons directly liable shall be punished in accordance with the provisions of Paragraph 1.
Article 120b If a person falls under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights and concurrently be sentenced to a fine; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property:
(1) preparing weapons, dangerous articles or other tools for the implementation of terrorist activities;
(2) organizing trainings for terrorist activities or taking an active part in trainings for terrorist activities;
(3) connecting with overseas terrorist organizations or persons for the implementation of terrorist activities; and
(4) planning for or making other preparations for the implementation of terrorist activities.
Whoever commits any of the acts mentioned in the preceding paragraph, which concurrently constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.
Article 120c Whoever produces or distributes books, audio or video materials or other materials that propagate terrorism or extremism, or propagates terrorism or extremism or instigates terrorist activities by way of teaching, releasing information and other ways shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights and concurrently be sentenced to a fine; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently be sentenced to a fine or confiscation of property.
Article 120d Whoever, by making use of extremism, instigates or coerces the general public to disrupt the implementation of marriage, judicial, education, social management and other systems established by the law of the State, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently sentenced to a fine; 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 concurrently sentenced to a fine; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and concurrently sentenced to a fine or confiscation of property.
Article 120e Whoever forces others to wear or adorn the dresses or symbols that propagate terrorism or extremism in public places by violence, coercion or otherwise shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently sentenced to a fine.
Article 120f Whoever is clearly aware that the books, audio or video materials or other materials are intended for propagating terrorism or extremism but still illegally possesses the same with serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or separately sentenced to a fine.

Article 121 Whoever hijacks any aircraft by means of violence, coercion or by any other means shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; any hijacker who causes serious injury to or death of any other person or serious damage to the aircraft shall be sentenced to death.

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

Article 123 Whoever uses violence against any person on board an aircraft and thereby endangers air safety, if there are no serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if there are serious consequences, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 124 Whoever sabotages any broadcasting, television or public telecommunications facility, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if there are serious consequences, 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 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 any 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 poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits any of 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, in violation of the regulations governing control of guns, any enterprise that is designated or determined pursuant to law for manufacturing or selling guns commits any 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 the act shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, they 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, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment:
(1) to manufacture or sell guns in excess of the quotas or at variance with the variety prescribed, for purposes of illegal sale;
(2) to manufacture guns without numbers or with duplicate or false numbers, for purposes of illegal sale; or
(3) to sell guns illegally, or sell guns in China that are manufactured for export.

Article 127 Whoever steals or forcibly seizes any guns, ammunition or explosives, or steals or forcibly seizes poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than 3 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 any guns, ammunition or explosives, or robs poisonous or radioactive substances, infectious disease pathogens or other substances, thereby endangering public security, or steals or forcibly seizes any guns, ammunition or explosives from State organs or members of the armed forces, the police or the people's 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 governing control of guns, illegally possesses or conceals any 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.
Whoever is lawfully equipped with a gun for the discharge of official duties illegally leases or loans his gun shall be punished according to the provisions of the preceding paragraph.
If persons who are lawfully provided with guns illegally lease or loan such guns, thereby causing serious consequences, they shall be punished according to 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 according to the provisions of the first paragraph.

Article 129 If persons who are lawfully equipped with guns for the discharge of official duties lose their guns and fail to report about the matter immediately, thereby causing serious consequences, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 130 Whoever illegally enters a public place or gets on a public transportation vehicle with any gun, ammunition, controlled cutting tool or explosive, inflammable, radioactive, poisonous or corrosive materials and thereby endangers 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 member of the crew on board an air craft who operates in violation of rules or regulations and thereby causes a grave air accident, if there are serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if an air crash or death of another 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 operates in violation of rules or regulations and thereby causes a railway operational accident, if there are serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if there are especially serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 133 Whoever violates regulations governing traffic and transportation and thereby causes a serious accident, resulting in serious injuries or deaths or heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
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