Interim Regulations of the People's Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties
Interim Regulations of the People's Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties
Interim Regulations of the People's Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties
Order of Standing Committee of The National People's Congress No.7
June 10, 1981
Article 1 In accordance with the guiding ideas and fundamental principles of the Criminal Law of the People's Republic of China, these Regulations are formulated with a view to punishing servicemen for criminal acts in contravention of their duties, inculcating in them the conscientious performance of their duties and strengthening the combat effectiveness of the armed forces.
Article 2 Any act of a serviceman on active duty of the Chinese People's Liberation Army that contravenes his duties and endangers the state's military interests and is punishable with criminal penalties by law constitutes a crime in contravention of a serviceman's duties. However, if the circumstances are clearly minor and the harm is not great, the act shall not be considered a crime and shall be dealt with in accordance with military discipline.
Article 3 Any person who violates the provisions for use of weapons and equipment, if the circumstances are serious, and causes a major liability accident leading to severe injury or death of another person or other serious consequences shall be sentenced to imprisonment of not more than three years or criminal detention; and in cases where the consequences are especially serious, the sentence shall be imprisonment of not less than three years and not more than seven years.
Article 4 Any person who discloses important military secrets of the state or loses documents or objects containing such secrets in violation of the laws and regulations on the protection of state military secrets, if the circumstances are serious, shall be sentenced to imprisonment of not more than seven years or criminal detention.
Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three years and not more than ten years or, if the circumstances are especially serious, to imprisonment of not less than ten years or life imprisonment.
Any person who steals, collects or furnishes military secrets for the enemy or foreigners shall be sentenced to imprisonment of not less than ten years or life imprisonment or death.
Article 5 Any person in command or on duty who leaves his post or neglects his duties, thereby causing serious consequences, shall be sentenced to imprisonment of not more than seven years or criminal detention.
Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than five years.
Article 6 Any person who deserts from the armed forces in violation of the military service law, if the circumstances are serious, shall be sentenced to imprisonment of not more than three years or criminal detention.
Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than three years and not more than seven years.
Article 7 Any person who secretly crosses the national boundary (borderline) in order to flee the country shall be sentenced to imprisonment of not more than three years or criminal detention or, if the circumstances are serious, to imprisonment of not less than three years and not more than ten years.
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