Criminal Law of the People's Republic of China (Revised in 1997)
Criminal Law of the People's Republic of China (Revised in 1997)
Criminal Law of the People's Republic of China (Revised in 1997)
Order of the President [1997] No. 83
March 14, 1997
Adopted at the 2nd Session of the 5th National People's Congress on July 1, 1979
Revised at the 5th Session of the 8th National People's Congress of the People's Republic of China on March 14, 1997, promulgated by Order of the President of the People's Republic of China No. 83, and effective as of October 1, 1997
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 Liability
Section 2 Preparation for, Attempt at 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 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 of Prosecutions
Chapter V Miscellaneous
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 on Citizens' Right of the Person and Democratic Rights
Chapter V Crimes Against Property
Chapter VI Crimes of Obstructing the Administration of Public Order
Section 1 Crimes of Disturbing Pubic Order
Section 2 Crimes of Obstructing Justice
Section 3 Crimes Against Control of National Border (Frontier)
Section 4 Crimes Against Control of Cultural Relics
Section 5 Crimes Against 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 and Disseminating Obscene Materials
Chapter VII Crimes of Impairing the Interests of National Defense
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 For the purposes of punishing crimes and protecting the people, this Law is enacted according to the Constitution and on the basis of the concrete experience 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 the 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 Whoever commits an act that is expressly provided in the law as a criminal act shall be condemned legally. No penalty may be inflicted for an act that was not expressly provided in the law as a criminal act at the time it was committed.
Article 4 The law is to be equally applied to anyone who commits a crime. No one is allowed to have the privilege of being above the law.
(Relevant articles: Legislation 1)
Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal liability to be borne by the offender.
Article 6 This Law is to be applicable to anyone who commits a crime within the territory or territorial waters or space of the People's Republic of China, except as otherwise specifically provided by law.
This Law is also to 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 is to be deemed to have been committed within the territory or territorial waters or space of the People's Republic of China.
(Relevant articles: Articles 1)
Article 7 This Law is to be applicable to any citizen of the People's Republic of China who commits a crime prescribed in this Law outside the territory or territorial waters or 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 provided in this Law, he may be exempted from the investigation for his criminal liability.
This Law is to be applicable to any State functionary or serviceman who commits a crime prescribed in this Law outside the territory or territorial waters or space of the People's Republic of China.
(Relevant articles: Articles 1 Legislation 1)
Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory or territorial waters or 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.
(Relevant articles: Legislation 1)
Article 9 This Law is to 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.
(Relevant articles: Legislation 1)
Article 10 Any person who commits a crime outside the territory or territorial waters or space of the People's Republic of China, for which according to this Law he should bear criminal liability, may still be investigated for his criminal liability 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.
(Relevant articles: Legislation 1)
Article 11 The criminal liability of foreigners who enjoy diplomatic privileges and immunities is to 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 of
Chapter IV of the General Provisions of this Law, criminal liability 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.
(Relevant articles: Legislation 4)
Chapter II Crimes
Section 1 Crimes and Criminal Liability
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.
(Relevant articles: Cases 1)
Article 14 An intentional crime refers to an act committed by a person who knows that his act will entail harmful consequences to society but who wishes or allows such consequences to occur, thus constituting a crime.
Criminal liability 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 the society but who fails to do so due to his negligence or, having foreseen the consequences, readily believes that they can be avoided, so that the consequences do occur.
Criminal liability 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 liability.
If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentionally hurts another person which causes serious injury or death of the person, or commits rape, robbery, drug-trafficking, arson, explosion or poisoning, he shall bear criminal liability.
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.
(Relevant articles: Legislation 6)
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 liability, 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 liability 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 liability; however, he may be given a lighter or mitigated punishment.
Any intoxicated person who commits a crime shall bear criminal liability.
(Relevant articles: Legislation 4 Cases 1)
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 defense, and he is not to bear criminal liability.
If a person's act of justifiable defense obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal liability; however, he shall be given a mitigated punishment or be exempted from punishment.
If a person acts in defense 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 defense, and he shall not bear criminal liability.
(Relevant articles: Cases 2 Legislation 2)
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 liability.
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 liability; however, he shall be given a mitigated punishment or be exempted from punishment.
The provisions of Paragraph 1 hereof 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, Attempt at 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, by referring to 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, by referring to one who completes the crime, be given a lighter or mitigated punishment.
(Relevant articles: Cases 1 Legislation 1)
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 liability shall be punished respectively according to the crimes they have committed.
(Relevant articles: Legislation 1 Cases 1)
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 hereof shall be punished on the basis of all the crimes that he participates in or that he organizes or directs.
(Relevant articles: Cases 1)
Article 27 Whoever plays a secondary or auxiliary role in a joint crime is an accessory criminal.
An accessory criminal shall be given a lighter or mitigated punishment or be exempted from punishment.
(Relevant articles: Cases 2 Legislation 1)
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 liability.
(Relevant articles: Articles 1 Legislation 2)
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, such provisions shall prevail.
(Relevant articles: Articles 1)
Chapter III Punishments
Section 1 Types of Punishments
Article 32 Punishments are divided into principal punishments and supplementary punishments.
(Relevant articles: Articles 1)
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 exclusively.
Article 35 Deportation may be imposed in an exclusive or supplementary manner to a foreigner who commits a crime.
Article 36 If a victim suffers economic losses as a result of a criminal act, the criminal shall, in addition to receiving a criminal punishment legally, be sentenced to compensation for the economic losses in the light of 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 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.
(Relevant articles: Cases 1)
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.
(Relevant articles: Legislation 11)
Section 2 Public Surveillance
Article 38 The term of public surveillance is not less than three months but not more than two years.
Where a criminal is sentenced to public surveillance, the sentence shall be executed by a public security organ.
(Relevant articles: Articles 1)
Article 39 Any criminal who is sentenced to public surveillance, during the term in which his sentence is being executed, shall:
(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 on receiving visitors provided 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 labor, 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 is to 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 is to be considered two days of the term sentenced.
Section 3 Criminal Detention
Article 42 A term of criminal detention is not less than one month but not more than six 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 is to 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 is to be considered one day of the term sentenced.
Section 4 Fixed-term Imprisonment and Life Imprisonment
Article 45 A term of fixed-term imprisonment is not less than six months but not more than 15 years, except as provided 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 is to 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 is to 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.
Article 50 Anyone who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment is to be commuted to life imprisonment upon the expiration of the two-year period; if he has truly performed major meritorious service, his punishment is to be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the two-year period; if it is verified that he has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.
(Relevant articles: Cases 1 Legislation 4)
Article 51 The term of suspension of execution of a death penalty is to 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 is to 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.
(Relevant articles: Articles 1)
Article 53 A fine may 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, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine. If a person has true difficulties in paying because of an irresistible disaster, the fine may be reduced or remitted according to the circumstances.
(Relevant articles: Legislation 5)
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 mass organization.
Article 55 A term of deprivation of political rights is not less than one year but not more than five years, except as provided 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.
(Relevant articles: Legislation 1)
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.
(Relevant articles: Legislation 1)
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 ten years.
(Relevant articles: Cases 2 Legislation 1)
Article 58 A term of deprivation of political rights as a supplementary punishment is to 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 specified 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.
(Relevant articles: Legislation 1)
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 repay, with confiscated property, 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 Concrete Application of Punishments
Section 1 Sentencing
Article 61 When sentencing a criminal, a punishment shall, on the basis of the facts, nature and circumstances of the crime, and the degree of harm done to society, be meted out according to the relevant provisions of this Law.
(Relevant articles: Legislation 3 Cases 2)
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 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be sentenced to a punishment less than the prescribed punishment.
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 also be sentenced to a punishment less than the prescribed punishment.
(Relevant articles: Cases 2)
Article 64 All money and property illegally obtained by a criminal shall be recovered, or return of or compensation shall be ordered to be paid; 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.
(Relevant articles: Cases 4 Legislation 7)
Section 2 Recidivists
Article 65 If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply to cases of negligent crime.
For criminals who are paroled, the period provided in the preceding paragraph is to be counted from the date the parole expires.
(Relevant articles: Legal news 1 Cases 1 Legislation 2)
Article 66 A criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.
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.
(Relevant articles: Cases 4 Legislation 2)
Article 68 Any criminal who performs such meritorious services as exposing a criminal act 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.
Any criminal who not only voluntarily surrenders after committing the crime but also performs major meritorious services shall be given a mitigated punishment or be exempted from punishment.
(Relevant articles: Cases 1 Legislation 1)
Section 4 Combined Punishment for Several Crimes
Article 69 For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his term of punishment shall be not more than the sum of the terms for all the crimes but not less than the longest of the terms for the crimes, depending on the circumstances of the crimes. However, the term of public surveillance may not exceed the maximum of three years, the term of criminal detention may not exceed the maximum of one year, and fixed-term imprisonment may not exceed the maximum of 20 years.
If among the crimes there is any for which a supplementary punishment is imposed, the supplementary punishment shall still be executed.
(Relevant articles: Legislation 3)
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 fulfillment of the term imposed by the latest judgment.
(Relevant articles: Legislation 1)
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.
(Relevant articles: Legislation 1)
Section 5 Suspension of Sentence
Article 72 A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, it is certain that suspension of the sentence will not result in further harm to society.
If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment shall still be executed.
(Relevant articles: Articles 1 Legislation 3)
Article 73 The probation period for suspension of criminal detention is to be not less than the term originally decided but not more than one year, provided that it may not be less than two months.
The probation period for suspension of fixed-term imprisonment is to be not less than the term originally decided but not more than five years, provided that it may not be less than one year.
The probation period for suspension of sentence is to be counted from the date the judgment is made final.
(Relevant articles: Legislation 1)
Article 74 Suspension of sentence is not be applied to recidivists.
Article 75 A criminal whose sentence is suspended shall:
(1) observe laws and administrative rules and regulations, and submit to supervision;
(2) report on his own activities as required by the observing organ;
(3) observe the regulations on receiving visitors provided by the observing organ; and
(4) 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 Any criminal whose sentence is suspended shall, during the probation period for suspension of sentence, be subjected to observation by a public security organ with the cooperation of the work unit to which he belongs or of a grass-roots organization, and in the absence of the circumstances prescribed in Article 77 of this Law, the punishment originally decided shall cease to be executed upon the expiration of the probation period for suspension of sentence, which shall be pronounced publicly.
(Relevant articles: Legislation 1)
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.
If, during the probation period for suspension of sentence, a criminal whose sentence is suspended violates laws, administrative rules and regulations or regulations relating to supervision and control over suspension of sentence provided by the department of public security under the State Council and if the circumstances are serious, the suspension shall be revoked and the original punishment 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; and
(6) making other major contributions to the country and society.
After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life imprisonment, it may not be less than ten years.
(Relevant articles: Legislation 3)
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 may be commuted before the completion of legal procedure.
Article 80 A term of fixed-term imprisonment that is commuted from life imprisonment is to be counted from the date the order of commutation is issued.
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 not less than ten years of the term may be granted parole if he conscientiously observes prison regulations, accepts education and reform through labor, shows true repentance and will no longer cause harm to society. If special circumstances exist, upon verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.
No parole may be granted to recidivists or criminals who are sentenced to more than ten years of imprisonment or life imprisonment for crimes of violence such as homicide, explosion, robbery, rape and kidnap.
(Relevant articles: Legislation 4)
Article 82 Parole is to be granted to a criminal through the procedure prescribed in Article 79 of this Law. No parole may be granted before the completion of legal procedure.
Article 83 The probation period for parole in the case of fixed-term imprisonment is to be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment is to be ten years.
The probation period for parole is to be counted from the date the criminal is released on parole.
Article 84 Any criminal who is granted parole shall:
(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 on receiving visitors provided 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 Any criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If he is not found in any of the circumstances prescribed in
Article 86 of this Law, the punishment originally decided shall be considered executed upon the expiration of the probation period for parole, which shall be pronounced publicly.
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.
If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole provided by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.
(Relevant articles: Legislation 1)
Section 8 Limitation of Prosecutions
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) ten years, when the maximum punishment prescribed is fixed-term imprisonment of not less than five years but less than ten years;
(3) 15 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than ten 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.
(Relevant articles: Articles 1)
Article 88 No limitation on the period for prosecution is to 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 is to 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.
(Relevant articles: Articles 1)
Article 89 The limitation period for prosecution is to be counted from the date the crime is committed; if the criminal act is of a continual or continuous nature, it is to 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 is to be counted from the date the new crime is committed.
Chapter V Miscellaneous
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 provided 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:
(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 mass organizations is to be treated as public property.
Article 92 "Property privately owned by citizens" as mentioned in this Law refers to:
(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 mass 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 mass organizations to perform public service and the other persons who perform public service according to law shall all be regarded as State functionaries.
(Relevant articles: Legislation 4 Articles 2)
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:
(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.
(Relevant articles: Legislation 1)
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.
(Relevant articles: Articles 1)
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, and shall not conceal it.
Article 101 The General Provisions of this Law are applicable to other laws with provisions on 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 ten years.
Whoever commits the crime prescribed in the preceding paragraph hereof 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 ten 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 ten 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 ten 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 ten 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 ten 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 ten 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.
(Relevant articles: Legislation 1)
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 as provided in these Articles respectively.
Article 107 Where an organ, organization or individual inside or outside of the territory of China provides funds to any organization or individual within the territory of China to commit the crime as prescribed in Article 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.
(Relevant articles: Legislation 3)
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 ten 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 ten years or life imprisonment.
(Relevant articles: Legislation 3)
Article 109 Any State functionary who, while discharging his official duties at home or abroad, leaves his post without permission and defects to another country, which endangers the security of the People's Republic of China, 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 ten years.
Any State functionary who has State secrets commits the crime as prescribed in the preceding paragraph shall be given a heavier punishment according to the provisions in 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 ten 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 ten 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.
(Relevant articles: Legislation 3)
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 ten years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten 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.
(Relevant articles: Legislation 1)
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 ten 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 ten 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 hereof, 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 poison or uses other dangerous means to sabotage any factory, mine, oilfield, harbor, river, water source, warehouse, house, forest, farm, threshing ground, pasture, key pipeline, public building or any other public or private property, endangering public security but causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
(Relevant articles: Legislation 11 Legal news 1)
Article 115 Whoever commits arson, breaches a dike, causes explosion, spreads poison or inflicts serious injury or death on people or causes heavy losses of public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than ten 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.
(Relevant articles: Legislation 7 Legal news 1)
Article 116 Whoever sabotages a train, motor vehicle, tram, ship or aircraft to such a dangerous extent as to overturn or destroy it, causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten 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 a train, motor vehicle, tram, ship or aircraft, causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
(Relevant articles: Legislation 2)
Article 118 Whoever sabotages any electric power or gas facility or any other inflammable or explosive equipment, endangering public security but causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
(Relevant articles: Legislation 1)
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 ten 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.
(Relevant articles: Legislation 4)
Article 120 Whoever forms, leads or 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; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever, in addition to the crime mentioned in the preceding paragraph, commits other crimes of homicide, explosion or kidnap shall be punished in accordance with the provisions on combined punishment for several crimes.
(Relevant articles: Legislation 5)
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 ten 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 ten years; if there are serious consequences, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 123 Whoever uses violence against any person on board in an aircraft in flight, endangering air safety and causing no serious consequence, 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, 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.
(Relevant articles: Legislation 2)
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 ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Whoever illegally trades in or transports nuclear materials shall be punished according to 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.
(Relevant articles: Legislation 2)
Article 126 If, in violation of the regulations governing control of guns, any enterprise that is designated or determined legally 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 ten years; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment:
(1) to manufacture or sell guns in excess of the quotas or at variance with the variety prescribed, for the purpose of illegal sale;
(2) to manufacture guns without numbers or with duplicate or false numbers, for the purpose of illegal sale; or
(3) to sell guns illegally, or sell guns in China that are manufactured for export.
(Relevant articles: Legislation 1)
Article 127 Whoever steals or forcibly seizes any guns, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Whoever robs any guns, ammunition or explosives or steals or forcibly seizes any guns, ammunition or explosives from State organs, members of the armed forces, the police or the people's militia shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
(Relevant articles: Legislation 3)
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, 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.
(Relevant articles: Legislation 1)
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, 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, 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.
(Relevant articles: Legislation 2)
Article 131 Any member of the crew on board an aircraft who operates in violation of rules or regulations, causing a grave air accident with 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, causing a railway operational accident with 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.
(Relevant articles: Legislation 2)
Article 133 Whoever violates regulations governing traffic and transportation, causing a serious accident with 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.
......
Order of the President [1997] No. 83
March 14, 1997
Adopted at the 2nd Session of the 5th National People's Congress on July 1, 1979
Revised at the 5th Session of the 8th National People's Congress of the People's Republic of China on March 14, 1997, promulgated by Order of the President of the People's Republic of China No. 83, and effective as of October 1, 1997
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 Liability
Section 2 Preparation for, Attempt at 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 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 of Prosecutions
Chapter V Miscellaneous
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 on Citizens' Right of the Person and Democratic Rights
Chapter V Crimes Against Property
Chapter VI Crimes of Obstructing the Administration of Public Order
Section 1 Crimes of Disturbing Pubic Order
Section 2 Crimes of Obstructing Justice
Section 3 Crimes Against Control of National Border (Frontier)
Section 4 Crimes Against Control of Cultural Relics
Section 5 Crimes Against 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 and Disseminating Obscene Materials
Chapter VII Crimes of Impairing the Interests of National Defense
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 For the purposes of punishing crimes and protecting the people, this Law is enacted according to the Constitution and on the basis of the concrete experience 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 the 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 Whoever commits an act that is expressly provided in the law as a criminal act shall be condemned legally. No penalty may be inflicted for an act that was not expressly provided in the law as a criminal act at the time it was committed.
Article 4 The law is to be equally applied to anyone who commits a crime. No one is allowed to have the privilege of being above the law.
(Relevant articles: Legislation 1)
Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal liability to be borne by the offender.
Article 6 This Law is to be applicable to anyone who commits a crime within the territory or territorial waters or space of the People's Republic of China, except as otherwise specifically provided by law.
This Law is also to 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 is to be deemed to have been committed within the territory or territorial waters or space of the People's Republic of China.
(Relevant articles: Articles 1)
Article 7 This Law is to be applicable to any citizen of the People's Republic of China who commits a crime prescribed in this Law outside the territory or territorial waters or 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 provided in this Law, he may be exempted from the investigation for his criminal liability.
This Law is to be applicable to any State functionary or serviceman who commits a crime prescribed in this Law outside the territory or territorial waters or space of the People's Republic of China.
(Relevant articles: Articles 1 Legislation 1)
Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory or territorial waters or 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.
(Relevant articles: Legislation 1)
Article 9 This Law is to 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.
(Relevant articles: Legislation 1)
Article 10 Any person who commits a crime outside the territory or territorial waters or space of the People's Republic of China, for which according to this Law he should bear criminal liability, may still be investigated for his criminal liability 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.
(Relevant articles: Legislation 1)
Article 11 The criminal liability of foreigners who enjoy diplomatic privileges and immunities is to 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 of
Chapter IV of the General Provisions of this Law, criminal liability 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.
(Relevant articles: Legislation 4)
Chapter II Crimes
Section 1 Crimes and Criminal Liability
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.
(Relevant articles: Cases 1)
Article 14 An intentional crime refers to an act committed by a person who knows that his act will entail harmful consequences to society but who wishes or allows such consequences to occur, thus constituting a crime.
Criminal liability 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 the society but who fails to do so due to his negligence or, having foreseen the consequences, readily believes that they can be avoided, so that the consequences do occur.
Criminal liability 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 liability.
If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentionally hurts another person which causes serious injury or death of the person, or commits rape, robbery, drug-trafficking, arson, explosion or poisoning, he shall bear criminal liability.
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.
(Relevant articles: Legislation 6)
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 liability, 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 liability 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 liability; however, he may be given a lighter or mitigated punishment.
Any intoxicated person who commits a crime shall bear criminal liability.
(Relevant articles: Legislation 4 Cases 1)
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 defense, and he is not to bear criminal liability.
If a person's act of justifiable defense obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal liability; however, he shall be given a mitigated punishment or be exempted from punishment.
If a person acts in defense 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 defense, and he shall not bear criminal liability.
(Relevant articles: Cases 2 Legislation 2)
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 liability.
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 liability; however, he shall be given a mitigated punishment or be exempted from punishment.
The provisions of Paragraph 1 hereof 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, Attempt at 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, by referring to 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, by referring to one who completes the crime, be given a lighter or mitigated punishment.
(Relevant articles: Cases 1 Legislation 1)
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 liability shall be punished respectively according to the crimes they have committed.
(Relevant articles: Legislation 1 Cases 1)
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 hereof shall be punished on the basis of all the crimes that he participates in or that he organizes or directs.
(Relevant articles: Cases 1)
Article 27 Whoever plays a secondary or auxiliary role in a joint crime is an accessory criminal.
An accessory criminal shall be given a lighter or mitigated punishment or be exempted from punishment.
(Relevant articles: Cases 2 Legislation 1)
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 liability.
(Relevant articles: Articles 1 Legislation 2)
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, such provisions shall prevail.
(Relevant articles: Articles 1)
Chapter III Punishments
Section 1 Types of Punishments
Article 32 Punishments are divided into principal punishments and supplementary punishments.
(Relevant articles: Articles 1)
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 exclusively.
Article 35 Deportation may be imposed in an exclusive or supplementary manner to a foreigner who commits a crime.
Article 36 If a victim suffers economic losses as a result of a criminal act, the criminal shall, in addition to receiving a criminal punishment legally, be sentenced to compensation for the economic losses in the light of 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 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.
(Relevant articles: Cases 1)
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.
(Relevant articles: Legislation 11)
Section 2 Public Surveillance
Article 38 The term of public surveillance is not less than three months but not more than two years.
Where a criminal is sentenced to public surveillance, the sentence shall be executed by a public security organ.
(Relevant articles: Articles 1)
Article 39 Any criminal who is sentenced to public surveillance, during the term in which his sentence is being executed, shall:
(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 on receiving visitors provided 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 labor, 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 is to 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 is to be considered two days of the term sentenced.
Section 3 Criminal Detention
Article 42 A term of criminal detention is not less than one month but not more than six 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 is to 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 is to be considered one day of the term sentenced.
Section 4 Fixed-term Imprisonment and Life Imprisonment
Article 45 A term of fixed-term imprisonment is not less than six months but not more than 15 years, except as provided 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 is to 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 is to 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.
Article 50 Anyone who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment is to be commuted to life imprisonment upon the expiration of the two-year period; if he has truly performed major meritorious service, his punishment is to be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the two-year period; if it is verified that he has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People's Court.
(Relevant articles: Cases 1 Legislation 4)
Article 51 The term of suspension of execution of a death penalty is to 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 is to 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.
(Relevant articles: Articles 1)
Article 53 A fine may 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, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine. If a person has true difficulties in paying because of an irresistible disaster, the fine may be reduced or remitted according to the circumstances.
(Relevant articles: Legislation 5)
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 mass organization.
Article 55 A term of deprivation of political rights is not less than one year but not more than five years, except as provided 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.
(Relevant articles: Legislation 1)
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.
(Relevant articles: Legislation 1)
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 ten years.
(Relevant articles: Cases 2 Legislation 1)
Article 58 A term of deprivation of political rights as a supplementary punishment is to 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 specified 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.
(Relevant articles: Legislation 1)
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 repay, with confiscated property, 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 Concrete Application of Punishments
Section 1 Sentencing
Article 61 When sentencing a criminal, a punishment shall, on the basis of the facts, nature and circumstances of the crime, and the degree of harm done to society, be meted out according to the relevant provisions of this Law.
(Relevant articles: Legislation 3 Cases 2)
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 In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be sentenced to a punishment less than the prescribed punishment.
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 also be sentenced to a punishment less than the prescribed punishment.
(Relevant articles: Cases 2)
Article 64 All money and property illegally obtained by a criminal shall be recovered, or return of or compensation shall be ordered to be paid; 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.
(Relevant articles: Cases 4 Legislation 7)
Section 2 Recidivists
Article 65 If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply to cases of negligent crime.
For criminals who are paroled, the period provided in the preceding paragraph is to be counted from the date the parole expires.
(Relevant articles: Legal news 1 Cases 1 Legislation 2)
Article 66 A criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.
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.
(Relevant articles: Cases 4 Legislation 2)
Article 68 Any criminal who performs such meritorious services as exposing a criminal act 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.
Any criminal who not only voluntarily surrenders after committing the crime but also performs major meritorious services shall be given a mitigated punishment or be exempted from punishment.
(Relevant articles: Cases 1 Legislation 1)
Section 4 Combined Punishment for Several Crimes
Article 69 For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his term of punishment shall be not more than the sum of the terms for all the crimes but not less than the longest of the terms for the crimes, depending on the circumstances of the crimes. However, the term of public surveillance may not exceed the maximum of three years, the term of criminal detention may not exceed the maximum of one year, and fixed-term imprisonment may not exceed the maximum of 20 years.
If among the crimes there is any for which a supplementary punishment is imposed, the supplementary punishment shall still be executed.
(Relevant articles: Legislation 3)
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 fulfillment of the term imposed by the latest judgment.
(Relevant articles: Legislation 1)
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.
(Relevant articles: Legislation 1)
Section 5 Suspension of Sentence
Article 72 A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, it is certain that suspension of the sentence will not result in further harm to society.
If a supplementary punishment is imposed on a criminal whose sentence is suspended, the supplementary punishment shall still be executed.
(Relevant articles: Articles 1 Legislation 3)
Article 73 The probation period for suspension of criminal detention is to be not less than the term originally decided but not more than one year, provided that it may not be less than two months.
The probation period for suspension of fixed-term imprisonment is to be not less than the term originally decided but not more than five years, provided that it may not be less than one year.
The probation period for suspension of sentence is to be counted from the date the judgment is made final.
(Relevant articles: Legislation 1)
Article 74 Suspension of sentence is not be applied to recidivists.
Article 75 A criminal whose sentence is suspended shall:
(1) observe laws and administrative rules and regulations, and submit to supervision;
(2) report on his own activities as required by the observing organ;
(3) observe the regulations on receiving visitors provided by the observing organ; and
(4) 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 Any criminal whose sentence is suspended shall, during the probation period for suspension of sentence, be subjected to observation by a public security organ with the cooperation of the work unit to which he belongs or of a grass-roots organization, and in the absence of the circumstances prescribed in Article 77 of this Law, the punishment originally decided shall cease to be executed upon the expiration of the probation period for suspension of sentence, which shall be pronounced publicly.
(Relevant articles: Legislation 1)
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.
If, during the probation period for suspension of sentence, a criminal whose sentence is suspended violates laws, administrative rules and regulations or regulations relating to supervision and control over suspension of sentence provided by the department of public security under the State Council and if the circumstances are serious, the suspension shall be revoked and the original punishment 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; and
(6) making other major contributions to the country and society.
After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life imprisonment, it may not be less than ten years.
(Relevant articles: Legislation 3)
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 may be commuted before the completion of legal procedure.
Article 80 A term of fixed-term imprisonment that is commuted from life imprisonment is to be counted from the date the order of commutation is issued.
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 not less than ten years of the term may be granted parole if he conscientiously observes prison regulations, accepts education and reform through labor, shows true repentance and will no longer cause harm to society. If special circumstances exist, upon verification and approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.
No parole may be granted to recidivists or criminals who are sentenced to more than ten years of imprisonment or life imprisonment for crimes of violence such as homicide, explosion, robbery, rape and kidnap.
(Relevant articles: Legislation 4)
Article 82 Parole is to be granted to a criminal through the procedure prescribed in Article 79 of this Law. No parole may be granted before the completion of legal procedure.
Article 83 The probation period for parole in the case of fixed-term imprisonment is to be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment is to be ten years.
The probation period for parole is to be counted from the date the criminal is released on parole.
Article 84 Any criminal who is granted parole shall:
(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 on receiving visitors provided 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 Any criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If he is not found in any of the circumstances prescribed in
Article 86 of this Law, the punishment originally decided shall be considered executed upon the expiration of the probation period for parole, which shall be pronounced publicly.
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.
If a criminal who is granted parole, during the probation period for parole, violates laws, administrative rules and regulations or other regulations relating to supervision and control over parole provided by the department of public security under the State Council but the violation does not constitute a new crime, the parole shall be revoked in accordance with legal procedure and he shall be put back into prison to serve the remaining part of criminal punishment.
(Relevant articles: Legislation 1)
Section 8 Limitation of Prosecutions
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) ten years, when the maximum punishment prescribed is fixed-term imprisonment of not less than five years but less than ten years;
(3) 15 years, when the maximum punishment prescribed is fixed-term imprisonment of not less than ten 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.
(Relevant articles: Articles 1)
Article 88 No limitation on the period for prosecution is to 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 is to 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.
(Relevant articles: Articles 1)
Article 89 The limitation period for prosecution is to be counted from the date the crime is committed; if the criminal act is of a continual or continuous nature, it is to 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 is to be counted from the date the new crime is committed.
Chapter V Miscellaneous
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 provided 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:
(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 mass organizations is to be treated as public property.
Article 92 "Property privately owned by citizens" as mentioned in this Law refers to:
(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 mass 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 mass organizations to perform public service and the other persons who perform public service according to law shall all be regarded as State functionaries.
(Relevant articles: Legislation 4 Articles 2)
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:
(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.
(Relevant articles: Legislation 1)
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.
(Relevant articles: Articles 1)
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, and shall not conceal it.
Article 101 The General Provisions of this Law are applicable to other laws with provisions on 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 ten years.
Whoever commits the crime prescribed in the preceding paragraph hereof 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 ten 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 ten 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 ten 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 ten 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 ten 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 ten 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.
(Relevant articles: Legislation 1)
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 as provided in these Articles respectively.
Article 107 Where an organ, organization or individual inside or outside of the territory of China provides funds to any organization or individual within the territory of China to commit the crime as prescribed in Article 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.
(Relevant articles: Legislation 3)
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 ten 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 ten years or life imprisonment.
(Relevant articles: Legislation 3)
Article 109 Any State functionary who, while discharging his official duties at home or abroad, leaves his post without permission and defects to another country, which endangers the security of the People's Republic of China, 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 ten years.
Any State functionary who has State secrets commits the crime as prescribed in the preceding paragraph shall be given a heavier punishment according to the provisions in 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 ten 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 ten 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.
(Relevant articles: Legislation 3)
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 ten years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten 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.
(Relevant articles: Legislation 1)
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 ten 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 ten 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 hereof, 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 poison or uses other dangerous means to sabotage any factory, mine, oilfield, harbor, river, water source, warehouse, house, forest, farm, threshing ground, pasture, key pipeline, public building or any other public or private property, endangering public security but causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
(Relevant articles: Legislation 11 Legal news 1)
Article 115 Whoever commits arson, breaches a dike, causes explosion, spreads poison or inflicts serious injury or death on people or causes heavy losses of public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than ten 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.
(Relevant articles: Legislation 7 Legal news 1)
Article 116 Whoever sabotages a train, motor vehicle, tram, ship or aircraft to such a dangerous extent as to overturn or destroy it, causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten 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 a train, motor vehicle, tram, ship or aircraft, causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
(Relevant articles: Legislation 2)
Article 118 Whoever sabotages any electric power or gas facility or any other inflammable or explosive equipment, endangering public security but causing no serious consequence, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
(Relevant articles: Legislation 1)
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 ten 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.
(Relevant articles: Legislation 4)
Article 120 Whoever forms, leads or 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; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever, in addition to the crime mentioned in the preceding paragraph, commits other crimes of homicide, explosion or kidnap shall be punished in accordance with the provisions on combined punishment for several crimes.
(Relevant articles: Legislation 5)
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 ten 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 ten years; if there are serious consequences, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.
Article 123 Whoever uses violence against any person on board in an aircraft in flight, endangering air safety and causing no serious consequence, 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, 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.
(Relevant articles: Legislation 2)
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 ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Whoever illegally trades in or transports nuclear materials shall be punished according to 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.
(Relevant articles: Legislation 2)
Article 126 If, in violation of the regulations governing control of guns, any enterprise that is designated or determined legally 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 ten years; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment:
(1) to manufacture or sell guns in excess of the quotas or at variance with the variety prescribed, for the purpose of illegal sale;
(2) to manufacture guns without numbers or with duplicate or false numbers, for the purpose of illegal sale; or
(3) to sell guns illegally, or sell guns in China that are manufactured for export.
(Relevant articles: Legislation 1)
Article 127 Whoever steals or forcibly seizes any guns, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Whoever robs any guns, ammunition or explosives or steals or forcibly seizes any guns, ammunition or explosives from State organs, members of the armed forces, the police or the people's militia shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
(Relevant articles: Legislation 3)
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, 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.
(Relevant articles: Legislation 1)
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, 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, 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.
(Relevant articles: Legislation 2)
Article 131 Any member of the crew on board an aircraft who operates in violation of rules or regulations, causing a grave air accident with 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, causing a railway operational accident with 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.
(Relevant articles: Legislation 2)
Article 133 Whoever violates regulations governing traffic and transportation, causing a serious accident with 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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