Section 5 Crime of Financial Fraud
Article 192
A person who, for the purpose of illegal possession, collects capital illegally by means of swindling, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 193
A person who, under any of the following circumstances and for the purpose of illegal possession, swindles a loan of a bank or any other financial institution, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to fabricate false reasons such as introduction of a fund or project;

2. to use a false economic contract;

3. to use a false documentary evidence;

4. to use a false property certificates as guarantee or guarantee repeatedly by exceeding the value of security; or

5. to swindle a loan by any other manner.

Article 194
A person who, under any of the following circumstances, conducts swindling activities of financial bills, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. knowingly to use a forged or an altered promissory note, bill of exchange or check;

2. knowingly to use an invalid promissory note, bill of exchange or check;

3. falsely to use other's promissory note, bill of exchange or check as his own;

4. to issue bounced checks or checks on which signatures are inconsistent with their reserved ones to defraud property; or

5. the drawer of promissory note or bill of exchange who issues the promissory note or bill of exchange without security of funds or produce a false record on the note or bill to defraud property.

A person who uses forged or altered other bank settlement receipts such as commission collection receipts, remittance receipts and bank deposit receipts shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 195
A person who, under any of the following circumstances, conducts swindling activities of letters of credit, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to use a forged or an altered letter of credit or attached note or document;

2. to use an invalid letter of credit;

3. to defraud a letter of credit; or

4. to conduct swindling activities of letters of credit by any other manner.

Article 196
A persons who, under any of the following circumstances, conducts swindling activities of credit cards, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to use a forged credit card;

2. to use an invalid credit card;

3. falsely to use any other's credit card as his own; or

4. to overdraw through malice.

To overdraw through malice mentioned in the preceding paragraph means an act that, for the purpose of illegal possession, a card holder overdraws by exceeding the prescribed amount limit or time limit and fails to return the money after the bank issuing the card urges him to pay it.

A person who steals and uses a credit card shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.

Article 197
A person who conducts swindling activities by using forged or altered treasury bills or any other securities issued by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 198
A person who, under any of the following circumstances, conducts swindling activities of insurance, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than 10,000 yuan and not more than 100,000 yuan if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan or confiscation of property:

1. An insurance policy holder intentionally fabricates the object of insurance to defraud the insurance money;

2. An insurance policy holder, insurant or a beneficiary fabricates false reasons for or exaggerate the degree of loss on an insurance accident which has happened to defraud the insurance money;

3. An insurance policy holder, insurant or a beneficiary fabricates an insurance accident which never happens to defraud the insurance money;

4. An insurance policy holder or insurant intentionally causes an insurance accident with property loss to defraud the insurance money; or

5. An insurance policy holder or a beneficiary intentionally causes death, injury, disability or disease of the insurant to defraud the insurance money.

A person who commits an act listed in sub-paragraph 4 or 5 of the preceding paragraph and also constitutes any other crimes shall be sentenced in accordance with the provisions on combined punishment for several crimes.

If a unit commits a crime under paragraph 1, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years.

A verifier, witness or property assessor of insured event who intentionally makes a false documentary evidence and provides conditions for another person to swindle shall be sentenced as an accomplice of insurance swindling.

Article 199
A person who commits a crime set forth in Article 192 , 194 or 195 of this Section shall, if the amount involved is especially huge and an especially heavy loss of the interests of the state and the people is caused, be sentenced to life imprisonment or death and concurrently to confiscation of property.

Article 200
If a unit commits a crime set forth in Article 192 , 194 or 195 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.

Section 6 Crime of Jeopardizing the Administration of Tax Collection
Article 201
A taxpayer who fails to pay or underpays the amount of tax payable by means of forging, altering, concealing or destroying accounting books or vouchers for the accounts without approval, or overstating expenses or omitting or understating incomes in accounting books, or refusing to fill a tax declaration after notification by the tax authority, or filling a false tax declaration, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of tax evaded if the amount of tax evaded amounts to not less than 10% and not more than 30% of the amount of tax payable and the amount of tax evaded is not less than 10,000 yuan and not more than 100,000 yuan or if he commits tax evasion again after having been twice subjected to administrative sanctions by the tax authority for tax evasion; and if the amount of tax evaded amounts to not less than 30% of the tax payable and the amount of tax evaded is not less than 100,000 yuan, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax evaded.

A withholding agent who, by means listed in the preceding paragraph, fails to pay or underpays the tax which has been withheld or collected shall, if the amount involved amounts to not less than 10% of the amount of tax payable and is not less than 10,000 yuan, be sentenced in accordance with the provisions of the preceding paragraph.

A person who has repeatedly committed an act under the preceding two paragraphs without having been subjected to punishment shall be sentenced on the basis of the accumulated amount.

Article 202
A person who refuses to pay tax with resort to violence or threat shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of tax he has refused to pay; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax he has refused to pay.

Article 203
A taxpayer failing to pay tax who uses the means of transferring or concealing his property, thus resulting in the tax authority's inability to pursue the tax in arrears, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times the amount of tax in arrears if the amount involved is not less than 10,000 yuan and not more than 100,000 yuan; and if the amount involved is not less than 100,000 yuan, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the amount of tax in arrears.

Article 204
A person who obtains fraudulently from the state a tax refund for exports by filling a false export declaration or any other deceptive means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than one time and not more than five times the amount of the tax refund which has been fraudulently obtained or confiscation of property.

A taxpayer who, after paying tax, obtains fraudulently the tax he has paid by using deceptive means mentioned in the preceding paragraph, shall be convicted of a crime and sentenced in accordance with the provisions of Article 201 of this Law; and if the amount of the tax fraudulently obtained exceeds the tax paid, shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 205
A person who falsely fills out value-added tax invoices or any other invoices for obtaining fraudulently tax refunds on exported items or tax deduction shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved in the falsification of the invoices is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved in the falsification of the invoices is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

A person who commits an act under the preceding paragraph and obtains fraudulently tax from the state shall be sentenced to life imprisonment or death and concurrently to confiscation of property if the amount involved is especially huge, the circumstance is especially serious and an especially great loss is caused to the state.

If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount involved in the falsification of the invoices is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years; and if the amount involved in the falsification of the invoices is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.

To falsely fill out value-added tax invoices or any other invoices for obtaining fraudulently tax refunds on exported items or tax deduction means an act involving falsely filling out the invoices for oneself or for another person, allowing another person to falsely fill out the invoices for oneself or introducing another person to the action of falsely filling out the invoices.

Article 206
A person who counterfeits value-added tax invoices or sells counterfeited value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

A person who counterfeits and sells counterfeited value-added tax invoices shall, if the amount involved is especially huge, the circumstance is especially serious and the economic order has been thereby undermined seriously, be sentenced to life imprisonment or death and concurrently to confiscation of property.

If a unit commits a crime set forth in this Article, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the amount involved is relatively huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 207
A person who illegally sells value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is relatively huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is huge, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 208
A person who illegally purchases value-added tax invoices or purchases counterfeited value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

A person who illegally purchases value-added tax invoices or purchases counterfeited value-added tax invoices and then falsely fills out or sells such invoices shall be convicted of a crime and sentenced respectively in accordance with the provisions of Article 205 , 206 or 207 of this Law.

Article 209
A person who counterfeits or produces without approval any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction or sells such invoices, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan; and if the amount involved is especially huge, to fixed-term imprisonment of not less than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

A person who counterfeits or produces without approval any invoices other than those mentioned in the preceding paragraph or sells such invoices shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 50,000 yuan; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.

A person who illegally sells any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction shall be sentenced in accordance with the provisions of paragraph 1.

A person who illegally sells any invoices other than those mentioned in paragraph 3 shall be sentenced in accordance with the provisions of paragraph 2.

Article 210
A person who steals value-added tax invoices or any other invoices which may be used for obtaining fraudulently tax refunds on exported items or tax deduction shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.

A person who obtains value-added tax invoices or any other invoices which may be used for obtaining fraudulently tax refunds or tax deduction through deceptive means shall be convicted of a crime and sentenced in accordance with the provisions of Article 266 of this Law.

Article 211
If a unit commits a crime set forth in Article 201 , 203, 204, 207, 208 or 209 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Article 212
If a person commits a crime set forth in Article 201 to 205 of this Section and is sentenced to a fine or confiscation of property, the tax authority shall first pursue for the payment of tax or tax refunds which has been obtained fraudulently before the execution.

Section 7 Crime of Infringing upon Intellectual Property
Article 213
A person who, without a permission of a registered trademark owner, uses a trademark identical with the latter's registered trademark on the same kind of goods, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 214
A person who knowingly sells goods bearing counterfeited registered trademark shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount of the sale is relatively huge and; if the amount of the sale is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 215
A person who forges or makes without approval representations of a registered trademark of another person or sells representations of a registered trademark which is forged or made without approval shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 216
A person who forges another person's patent shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 217
A person who, with a view of profit, commits any of the following acts of infringing upon copyright, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount of illegal gains is relatively huge or any other serious circumstance exists; and if the amount of illegal gains is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:

1. to reproduce and distribute, without the permission of a copyright owner, a written work or musical, cinematic, television or video work, or computer software or any other work of the latter;

2. to publish a book of which another person has the exclusive publishing right;

3. to reproduce and distribute, without the permission of a phonogram or videogram producer, a phonogram or videogram produced of the latter; or

4. to produce and sell a work of art bearing the forged signature of another person.

Article 218
A person who, with a view of profit, sells those which he well knows infringing reproductions specified in Article 217 of this Law, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the amount of his illegal gains is huge.

Article 219
A person who commits any of the following acts of infringing upon business secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if a heavy loss of the person who enjoys the right of the business secret is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine:

1. to acquire business secret of a person who enjoys the right by stealing, lure, force or any other improper means;

2. to reveal, use or permit another person to use the business secret of the person who enjoys the right acquired by means specified in the preceding paragraph; or

3. to reveal, use or permit another person to use the business secret held by him in violation of the agreement or the demand of the person who enjoys the right on protection of the business secret.

A person who acquires, uses or reveals another person's business secret which he knows or ought to know the act listed in the preceding paragraph shall be deemed an act of infringement upon business secrets.

Business secrets mentioned in this Article mean the technical information and management information which are unknown by the public, can bring economic profits to the person who enjoys the right, is of utility and has been taken classified measures by the person who enjoys the right.

The person who enjoys the right mentioned in this Article refers to the owner of business secret or the user of business secret who is permitted by the owner of business secret.

Article 220
If a unit commits a crime set forth in Article 213 to 219 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Section 8 Crime of Disturbing Market Order
Article 221
A person who fabricates and disseminates false facts to impair commercial goodwill or merchandise reputation of another person, thus causing a heavy loss to the latter or any other serious circumstance, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine.

Article 222
An advertiser, advertising operator or advertising publisher who, in violation of the state's regulations, uses advertisements to conduct false propaganda on merchandise or service, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine if the circumstance is serious.

Article 223
A bidder who informs mutually the quoted price of a bid in collaboration to harm the interests of the bid inviter or another bidder shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

A bidder and a bid inviter who act in collaboration in bidding, thus harming the legitimate interests of the state, collective or citizen, shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 224
A person who, under any of the following circumstances, obtains fraudulently the property of the other party for the purpose of illegal possession in the course of signing or performing a contract, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine if the amount involved is relatively huge; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property:

1. to sign a contract in the name of a false unit or another person;

2. to use a forged, altered or invalid bill or any other false certificate of property rights as guarantee;

3. to trap the other party to go on signing or performing the contract by means of performing in advance a petty contract or making part performance in a case of incapability of making full performance practically;

4. to flee after receiving the goods, payment for goods, payment in advance or guaranteed property; or

5. to obtain fraudulently property of the other party by any other means.

Article 225
A person who, in violation of the state's regulations, commits any of the following acts of illegal business operations, thus disturbing the market order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine of not less than one time and not more than five times the illegal gains therefrom if the circumstance is serious and, if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than one time and not more than five times the illegal gains therefrom or confiscation of property:

1. to trade, without permission, in a monopolized, exclusive sale or restricted commodity which is defined by laws or administrative regulations;

2. to buy or sell an import or export license, import or export origin certificate or any other business permit or approval document which is defined by laws or administrative regulations; or

3. to commit any other act of illegal business operations which disturbs seriously the market order.

Article 226
A person who, by means of violence or threat, buys or sells a commodity, or forces others to provide or accept service, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 227
A person who counterfeits tickets for vehicles or ships, postage stamps or any other valuable tickets or resells such tickets shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than one time and not more than five times the sum of the tickets or stamps if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine of not less than one time and not more than five times the sum of the tickets or stamps.

A person who resells tickets for vehicles or ships shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine of not less than one time and not more than five times the sum of the tickets.

Article 228
A person who, with a view of profit and in violation of laws or regulations on land administration, illegally transfers or resells the right for land use, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 5% and not more than 20% the sum obtained through transfer or sale of the right for land use if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine of not less than 5% and not more than 20% the sum obtained through transfer or sale of the right for land use.

Article 229
A person of an intermediary organization performing such functions as evaluation of assets, examination of assets, examination of certificates, accounting, auditing, legal service, who provides intentionally a false documentary evidence, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if the circumstance is serious.

A person set out in the preceding paragraph who extorts another person's property or accepts illegally another person's property, thus committing a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.

A person set out in paragraph 1 who neglects his duty seriously and provides a documentary evidence which is seriously inconsistent with the fact, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine.

Article 230
A person who, in violation of the provisions of the Law on Import and Export Commodity Inspection, evades commodity inspection, sells or uses, without approval, an import commodity which must be inspected by the commodity inspection agency but fails to do so, or exports, without approval, an export commodity which must be inspected by the commodity inspection agency but fails to do so or to pass the inspection, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 231
If a unit commits a crime set forth in Article 221 to 230 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Chapter IV Crime of Infringing upon the Citizen's Personal or Democratic Right

Article 232
A person who intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years; and if the circumstance is relatively minor, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 233
A person who negligently causes death of another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years. Where this Law has other provisions, such provisions shall govern.

Article 234
A person who intentionally inflicts bodily injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

A person who commits a crime under the preceding paragraph and causes severe bodily injury to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if causing another person's death or, by especially cruel means, causing severe bodily injury to another person, thus resulting in severe deformity, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. Where this Law has other provisions, such provisions shall govern.

Article 235
A person who negligently injures another person and causes severe bodily injury to the latter shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where this Law has other provisions, such provisions shall govern.

Article 236
A person who rapes a woman by force, threat or any other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

A person who has sexual relations with a girl under the age of fourteen years shall be deemed to have committed rape and shall be sentenced heavily.

A person who, under any of the following circumstances, rapes a woman or has sexual relations with a girl, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death:

1. to rape a woman or to have sexual relations with a girl with flagrant circumstances;

2. to rape several women or to have sexual relations with several girls;

3. to rape a woman in a public place;

4. to rape the same victim in succession by two or more persons; or

5. to cause severe bodily injury or death of the victim or any other serious result.

Article 237
A person who acts indecently towards or insults a woman by force, threat or any other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

A person who, by means of gathering a crowd or in the public place and in public, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years.

A person who acts indecently towards a child shall be sentenced heavily in accordance with the provisions of the preceding two paragraphs.

Article 238
A person who unlawfully detains another person or deprives another person of his personal freedom by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If circumstances of hitting or insulting another person exist, a heavier sentence shall be imposed.

A person who commits a crime under the preceding paragraph, thus causing severe bodily injure to another person, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if causing death of another person, to fixed-term imprisonment of not less than ten years. A person who, with resort to force, causes another person's deformity or death, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law.

A person who, for the purpose of extorting the payment of debts, unlawfully distrains or detains another person, shall be sentenced in accordance with the provisions of the preceding two paragraphs.

A public servant of a state organ who takes advantage of his post and commits a crime under the preceding three paragraphs shall be sentenced heavily in accordance with the provisions of the preceding three paragraphs.

Article 239
A person who kidnaps another person with a view of money or hostage shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if causing death of the kidnapped person or killing the kidnapped person, to death and concurrently to confiscation of property.

A person who steals an infant or a baby with a view of money shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 240
A person who abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; under any of the following circumstances, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and if the circumstance is especially serious, to death and concurrently to confiscation of property:

1. to be a ringleader of a group engaged in the abduction of and trafficking in women or children;

2. to abduct and trafficking in three or more women and/or children;

3. to rape a woman who is abducted and trafficked in;

4. to entice or force a woman who is abducted and trafficked in to engage in prostitution, or to sell such woman to another person who will force the woman to engage in prostitution;

5. to kidnap, for the purpose of selling the victim, a woman or a child by means of violence, threat or anaesthesia;

6. to steal, for the purpose of selling the victim, an infant or a baby;

7. to cause severe bodily injury or death or any other serious result of a woman or child who is abducted and trafficked in or of her relative; or

8. to sell a woman or child out of the territory of China.

Abducting and trafficking in a woman or child means an act of abducting, kidnapping, buying, trafficking in, fetching or sending, or transferring a woman or child for the purpose of selling the victim.

Article 241
A person who buys a woman or child who is abducted and trafficked in shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

A person buying a woman who is abducted and trafficked in shall, if having sexual relations with her against her will, be convicted of a crime and sentenced in accordance with the provisions of Article 236 of this Law.

A person buying a woman or child who is abducted and trafficked in shall, if illegally depriving or restricting her/his personal freedom or committing a criminal act of injuring or insulting, be convicted of a crime and sentenced in accordance with the relevant provisions of this Law.

A person buying a woman or child who is abducted and trafficked in shall, if committing a criminal act set forth in paragraph 2 or 3, be sentenced in accordance with the provisions on combined punishment for several crimes.

A person buying a woman or child who is abducted and trafficked in shall, if selling the victim afterwards, be convicted of a crime and sentenced in accordance with the provisions of Article 240 of this Law.

A person buying a woman or child who is abducted and trafficked in may, if not obstructing the woman from returning to her original place of residence according to her will or not maltreating the child or not obstructing his or her rescue, be exempted from being investigated for criminal responsibility.

Article 242
A person who, by violence or threat, obstructs public servants of the state organ from rescuing a woman or child who has been bought, shall be convicted of a crime and sentenced in accordance with the provisions of Article 277 of this Law.

A ringleader who, by means of gathering a crowd, obstructs public servant of the state organ from rescuing a woman or child who has been bought, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and any other participant who adopts the means of violence or threat shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 243
A person who fabricates facts to implicate another person on false charges for the aim that the latter is prosecuted as a criminal shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, if the circumstances are serious; and if causing serious results, to fixed-term imprisonment of not less than three years and not more than ten years.

A public servant of a state organ who commits a crime under the preceding paragraph shall be sentenced heavily.

Where it is not a case of intentional false accusation but rather a case of mistaken complaint or unsubstantiated accusation, the provisions of the preceding two paragraphs shall not apply.

Article 244
If an employing unit, in violation of laws or regulations on labor administration, forces an employee to work by means of restriction of personal freedom, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if the circumstance is serious.

Article 245
A person who unlawfully subjects another person to a bodily search or a search of his residence or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

A judicial officer who abuses his power and commits a crime under the preceding paragraph shall be sentenced heavily.

Article 246
A person who insults in public another person by violence or any other means or fabricates facts to slander another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights if the circumstance is serious.

The crime under the preceding paragraph shall be handled only upon complaint, except where serious harm has been done to the social order and to the state's interests.

Article 247
A judicial officer who extorts by torture a confession from a suspect of crime or a defendant or extorts, by means of violence, testimony from a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A judicial officer who causes another person's deformity or death shall be sentenced heavily in accordance with the provisions of Article 234 or 232 of this Law.

Article 248
A person of a surveillance and control organ such as prison, detention center or watch house subjects the person under surveillance and control to battery or corporal punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years. If causing deformity or death of another person, the offender shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 234 or 232 of this Law.

A person responsible for surveillance and control who instigates the person under surveillance and control to subject other person under surveillance and control to battery or corporal punishment shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 249
A person who incites national hatred or national discrimination shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 250
Where a publication carries contents involving discriminating or insulting minority nationalities, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is flagrant and a serious result is caused.

Article 251
A public servant of a state organ who unlawfully deprives a citizen of his freedom of religious belief or infringes upon the customs and habits of minority nationalities shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention if the circumstance is serious.

Article 252
A person who conceals, destroys or unlawfully opens another person's letter, thus infringing upon the citizen's right to freedom of correspondence, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention if the circumstance is serious.

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

A postal worker who commits a crime under the preceding paragraph for stealing property shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 264 of this Law.

Article 254
A public servant of a state organ who abuses his power, using his public offices for private gains, in order to retaliate against or frame complainants, petitioners, critics or accusers or incriminate them on false charges, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and more than seven years.

Article 255
A leader of a company, an enterprise, institution, organ or a public organization who attacks or retaliates against an accountant or a statistician who performs his duty according to law and refuses the acts which are contrary to the Accounting Law or Statistics Law, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is flagrant.

Article 256
A person who, in the course of electing the representatives of people's congresses at any level or leading persons of state organs, undermines the election or prevents the voters or representatives from exercising their rights of electing or standing for election by means of violence, threat, deception, bribe, counterfeiting electing documents or reporting falsely votes, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights if the circumstance is serious.

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

A person who commits a crime under the preceding paragraph, thus causing the victim's death, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

The crime under paragraph 1 shall be handled only upon complaint.

Article 258
A person who has a spouse and commits bigamy or who marries another person while clearly knowing that the latter has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 259
A person who cohabits with or marries another person while clearly knowing that the latter is the spouse of a member of the armed forces in active service shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

A person who takes advantage of his post or subordinate relation and has sexual relation, by means of threat, with the wife of a member of the armed forces in active service, shall be convicted of a crime and sentenced in accordance with the provisions of Article 236 of this Law.

Article 260
A person who maltreats a member of his family shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if the circumstance is flagrant.

A person who commits a crime under the preceding paragraph, thus causing serious injury or death to the victim, shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

The crime under paragraph 1 shall be handled only upon complaint.

Article 261
A person who refuses his proper duty to support an aged person, minor, sick person or any other person who can not live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstance is flagrant.

Article 262
A person who abducts a child under the age of fourteen years, thus cutting the child off from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Chapter V Crime of Encroaching on Property
Article 263
A person who, by force, threat or any other manner, takes public or private property, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine and; under any of the following circumstances, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine or confiscation of property:

1. to enter a house owned by another person for robbery;

2. to commit robbery in a means of public transport;

3. to rob a bank or any other financial institution;

4. to commit robbery for several times or with a large amount of property;

5. to cause serious injury or death to another person while committing robbery;

6. to commit robbery by passing himself off as a servicemen or a policeman;

7. to hold a gun to commit robbery; or

8. to rob military supplies or goods and materials that are allocated for emergencies, disaster relief or social relief.

Article 264
A person who steals a relatively large amount of public or private property or steals property for several times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property; and under any of the following circumstances, to life imprisonment or death and concurrently to confiscation of property:

1. to steal property with an especially huge amount from a financial institution; or

2. to steal rare and precious cultural relics with serious circumstances.

Article 265
A person who, with a view of profit, connects secretly with communication lines of another person or duplicates telecommunication codes of another person or, uses the telecommunication equipment or facilities while clearly knowing that they are connected secretly or duplicated, shall be convicted of a crime and sentenced in accordance with the provisions of Article 264 of this Law.

Article 266
A person who swindles a relatively huge amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property. Where this Law has other provisions, such provisions shall govern.
Article 267
A person who seizes forcibly a relatively huge amount of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine; if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the amount involved is especially huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.

A person who holds lethal weapons to seize forcibly property shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law.

Article 268
A ringleader or an active participant who gets together a crowd to commit open plunder of public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine, if the amount involved is relatively huge or any other serious circumstance exists; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

Article 269
A person committing a crime of theft, fraud or forcible seizure who uses or threatens to use violence on the spot in order to conceal booty, resist detention or arrest or destroy criminal evidence, shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law.

Article 270
A person who illegally takes possession of another person's property which is taken care of by him for the latter shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine if the amount involved is relatively huge and the offender refuses to return it; and if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than two years and not more than five years and concurrently to a fine.

A person who illegally takes possession of property which is lost or buried underground by another person shall be sentenced in accordance with the provisions of the preceding paragraph if the amount involved is relatively huge and the offender refuses to return it.

The crime under this Article shall be handled only upon complaint.

Article 271
A person of a company, an enterprise or any other unit, who takes advantage of his post to illegally take possession of property of his unit, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than five years, and concurrently may be sentenced to confiscation of property.

A person performing public service of a state-owned company or enterprise or any other state-owned unit, or a person performing public service who are sent by a state-owned company or enterprise or any other state-owned unit to a non-state-owned company, enterprise or any other unit shall, if committing an act under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law.

Article 272
A person of a company, an enterprise or any other unit, who takes advantage of his post to misappropriate his unit's funds for himself or to lend them to another person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the amount involved is relatively huge and the offender fails to return them within three months or, if the funds are returned within three months, but the amount involved is relatively huge and the money is used for profit-seeking activities or illegal activities; and if the offender misappropriates a huge amount of funds of his unit or fails to return them though the amount involved is relatively huge, to fixed-term imprisonment of not less than three years and not more than ten years.

A person performing public service of a state-owned company or enterprise or any other state-owned unit, or a person performing public service who are sent by a state-owned company or enterprise or any other state-owned unit to a non-state-owned company, enterprise or any other unit shall, if committing an act under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 384 of this Law.

Article 273
A person directly responsible who misappropriates funds or articles for disaster relief, emergencies, flood-control, care to disabled servicemen and families of revolutionary martyrs and servicemen, care to the poor, resettlement of residents or social relief shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious and major harm to the interests of the state and the people is caused; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 274
A person who extorts money or other public or private property by blackmail shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the amount involved is relatively huge; and if the amount involved is huge or any other serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 275
A person who intentionally destroys public or private property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the amount involved is relatively huge or any other serious circumstance exists; and if the amount involved is huge or any other especially serious circumstance exists, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 276
A person who, for purpose of retaliation or from spite or any other personal motive, destroys machinery or equipment, cruelly injures or slaughters draught animals or uses other means to sabotage production or business operations, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Chapter VI Crime of Disrupting the Order of Social Administration
Section 1 Crime of Disturbing the Public Order

Article 277
A person who, by means of force or threat, obstructs a public servant of a state organ to perform his duty according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

A person who, by means of force or threat, obstructs a representative of the National People's Congress or a local people's congress at any level to perform his duty related to the representative according to law shall be sentenced in accordance with the provisions of the preceding paragraph.

A person who, during a natural disaster or unexpected incident and by means of force or threat, obstructs a person of the Red Cross to perform his duty according to law shall be sentenced in accordance with the provisions of paragraph 1.

A person who intentionally obstructs a state security organ or a public security organ to carry out the tasks of state security without resorting to force or threat shall be sentenced in accordance with the provisions of paragraph 1 if a serious result is caused.

Article 278
A person who incites the masses to resist enforcement of state's laws or administrative regulations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if a serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 279
A person who poses as a public servant of a state organ for the purpose of practicing fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

A person who poses as a people's policeman for the purpose of practicing fraud shall be sentenced heavily in accordance with the provisions of the preceding paragraph.

Article 280
A person who forges, alters, buys or sells, steals, forcibly seizes or destroys the official document, certificate or seal of a state organ shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

A person who forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

A person who forges or alters the identity card of a resident shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 281
A person who illegally produces, buys or sells uniforms for the people's police, license plate for the police vehicle or any other special-use sign or police equipment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 282
A person who, by means of stealing, prying or buying, obtains illegally state secrets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

A person who illegally holds a document, material or any other article involving state most confidential or classified information and refuses to explain its source and purpose of use shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 283
A person who illegally produces or sells spy apparatus for special use of wiretapping or photographing secretly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 284
A person who illegally uses apparatus for special use of wiretapping or photographing secretly shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if a serious result is caused.

Article 285
A person who, in violation of the state's regulations, invades a computer information system involving the fields of state affairs, national defense construction or most advanced science and technology, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 286
A person who, in violation of the state's regulations, deletes, amends, adds or disturbs functions of a computer information system and causes the computer information system's inability to work normally, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the result is serious; and if the result is especially serious, to fixed-term imprisonment of not less than five years.

A person who, in violation of the state's regulations, conducts operations of deletion, amendment or addition towards data or application programs which are stored, disposed of or transmitted in a computer information system shall be sentenced in accordance with the provisions of the preceding paragraph if the result is serious.

A person who intentionally makes or disseminates computer virus or any other destructive program, thus affecting the normal operation of a computer information system, shall be sentenced in accordance with the provisions of paragraph 1 if the result is serious.

Article 287
A person who uses a computer to practice a financial fraud, theft, embezzlement, misappropriation of public money, to steal state secrets or to commit any other crime, shall be convicted of a crime and sentenced in accordance with the relevant provisions of this Law.

Article 288
A person who, in violation of the state's regulations and without approval, establishes or uses a wireless radio station, or occupies frequency or refuses to stop his act after being ordered to stop, thus disturbing the normal operation of wireless communication and causing serious results, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 289
A person who gathers a crowd for "beating, smashing and looting", thus causing deformity or death to another person, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law. If public or private property are destroyed or forcibly taken, the ringleaders shall be convicted of a crime and sentenced in accordance with the provisions of Article 263 of this Law, in addition to being ordered to provide restitution or compensation.

Article 290
Where an assembled crowd disturbs the social order, if the circumstance is so serious that work, production, business, education or scientific research cannot be conducted and a serious loss is caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Where an assembled crowd assaults a state organ and makes it impossible to conduct its work and a serious loss is caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 291
Where an assembled crowd disturbs the order at a station, port, civil airport, marketplace, public park, theatre, cinema, exhibition hall, sports ground or any other public place, or an assembled crowd blocks traffic or undermines the traffic order or resists or obstructs public security administration personnel of the state from carrying out their duties according to law, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstance is serious.

Article 292
Where an assembled crowd engages in affrays, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and under any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years:

1. to gather a crowd to engage in affrays for several times;

2. to gather a crowd to engage in affrays involving many persons and on large scale, thus causing a flagrant social influence;

3. to gather a crowd to engage in affrays in a public place or on a main traffic road, thus causing a serious disturbance of social order; or

4. to gather a crowd to engage in affrays with weapons.

A person who gathers a crowd to engage in affrays, thus causing a serious injury or death to another person, shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 or 232 of this Law.

Article 293
A person who commits any of the following acts of creating disturbance, thus undermining the social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

1. to beat another person at will and with a flagrant circumstance;

2. to pursue, intercept or abuse another person with a flagrant circumstance;

3. to extort forcibly or at will, destroy or possess public or private property with a serious circumstance; or

4. to boo and hoot and make trouble in a public place, thus causing serious disturbance therein.

Article 294
A person who organizes, leads and actively participates in an organization of criminal syndicate which conducts an organized activity of offence or crime by violence, threat or any other means, plays the tyrant in a locality, perpetrates all kinds of evils, bullies and oppresses or cruelly injures or kills common people, and seriously undermines the economic and social order, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

A person of an organization of criminal syndicate abroad comes to the territory of the People's Republic of China to absorb members for his organization shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

A person who commits a crime under the preceding two paragraphs and also commits any other crime shall be sentenced in accordance with the provisions on combined punishment for several crimes.

A public servant of a state organ who protects an organization with characters of criminal syndicate or connives at such an organization's committing activities of offence or crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 295
A person who passes on means of crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; if the circumstance is serious, to fixed-term imprisonment of not less than five years; and if the circumstance is especially serious, to life imprisonment or death.

Article 296
If no application has been made for an assembly, a procession or a demonstration according to law or no permission for the application has been granted or if it is conducted not in accordance with the starting and finishing time, places and routes permitted by the competent authorities, while the order of dismission is disobeyed, thus undermining the social order seriously, the persons-in-charge of the assembly, procession or demonstration and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 297
A person who, in violation of the provisions of law, carries a weapon, controlled cutting tool or explosive to participate in an assembly, a procession or a demonstration, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention public surveillance or deprivation of political rights.

Article 298
A person who disturbs, breaks into or undermines by any other means an assembly, a procession or a demonstration organized according to law, thus causing disturbance of public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

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

Article 300
A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to undermine enforcement of the state's laws or administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than seven years.

A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to deceive another person and causes death of another person shall be sentenced in accordance with the provisions of the preceding paragraph.

A person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition to rape a woman or defraud property shall be convicted of a crime and sentenced respectively in accordance with the provisions of Article 236 or 266 of this Law.

Article 301
Where an assembled crowd commits licentious activities, the ringleaders or other persons who participate for several times shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

A person who lures a minor to join a crowd engaging in licentious activities shall be sentenced heavily in accordance with the provisions of the preceding paragraph.

Article 302
A person who steals or insults a corpse shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 303
A person who, with a view of profit, assembles a crowd to engage in gambling, establishes a place for gambling or makes gambling his business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine.

Article 304
A postal worker who neglects his duty seriously and delays intentionally delivery of mails, thus causing a heavy loss to the public property or the interests of the state or the people, be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Section 2 Crime of Impairing Judicial Activities
Article 305
A witness, expert witness, recorder or interpreter who, in the course of criminal procedures, intentionally gives a false evidence or makes a false expert evaluation, record or interpretation concerning circumstances that bear an important relation to a case, for the purpose of framing another person or concealing criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 306
A defender or an agent ad litem who, in the course of criminal procedures, destroys or forges evidence, assists the party concerned in destroying or forging evidence, threatens or lures a witness to, contrary to the facts, change testimony or provide false evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Where the testimony or other evidences provided, produced or cited by a defender or an agent ad litem is substantiated but not forged intentionally, it shall not been deemed to forge evidence.

Article 307
A person who, by violence, threat, bribe or any other manner, hinders a witness from providing evidence or incites another person to provide false evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

A person who assists the party concerned to destroy or forge evidence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.

A judicial officer who commits a crime under the preceding two paragraphs shall be sentenced heavily.

Article 308
A person who carries on retaliatory attacks against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 309
A person who gathers a crowd to make trouble in or assault a tribunal or beats a judicial officer, thus disturbing seriously the order of tribunal, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

Article 310
A person who, while clearly knowing that another person has committed a crime, provides a concealed place or property for him, assists him in fleeing or provides false evidence to protect him, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

A conspirator to a crime under the preceding paragraph shall be sentenced as for a joint crime.

Article 311
A person who, while clearly knowing that another person has committed a crime of espionage and when a state security organ inquires him about relevant circumstances and collects relevant evidence from him, refuses to provide them, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is serious.

Article 312
A person who, while clearly knowing that it is booty obtained through a crime, conceals, transfers, purchases or sells it for the criminal, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine.

Article 313
A person who refuses to carry out a legally effective judgment or order of a people's court while he has ability to do so shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the circumstance is serious.

Article 314
A person who conceals, transfers, sells or intentionally destroys the property that has been sealed up, distrained or frozen by a judicial organ shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the circumstance is serious.

Article 315
A criminal who commits any of the following acts of undermining the control and surveillance order after being held in custody according to law shall be sentenced to fixed-term imprisonment of not more than three years if the circumstance is serious:

1. to beat a person in charge of control and surveillance;

2. to organize other persons under control and surveillance to undermine the order of control and surveillance;

3. to gather a crowd to make trouble and to disturb the normal order of control and surveillance; or

4. to beat or corporally punish, or to incite others to beat or corporally punish other persons under control and surveillance.

Article 316
A criminal, defendant or suspect for a crime who escapes after being held in custody according to law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

A person who seizes by force a criminal, defendant or suspect for a crime who is escorted on the way shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and if the circumstance is serious, to fixed-term imprisonment of not less than seven years.

Article 317
A ringleader who organizes to flee from a prison or active participants shall be sentenced to fixed-term imprisonment of not less than five years; and other participants shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

A ringleader who flees from a prison by insurrection or raids a prison by means of gathering a crowd and holding tools or active participants shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstance is especially serious, to death; and other participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Section 3 Crime of Impairing Control of the Border (Frontier)
Article 318
A person who organizes another person to secretly cross the border (frontier) shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine or confiscation of property:

1. to be a ringleader of a group which organizes other persons to secretly cross the border(frontier) ;

2. to organize other persons to secretly cross the border(frontier) for many times or organizing many persons to secretly cross the border(frontier);

3. to cause severe bodily injury or death to the organized person;

4. to deprive or limit personal freedom of the organized person;

5. to resist the inspection by means of force or threat;

6. to get a huge amount of illegal gains; or

7. to have any other especially serious circumstance.

A person who commits a crime under the preceding paragraph and commits any other criminal act of killing, injuring, raping or selling the organized person, or killing or injuring the inspector, shall be sentenced in accordance with the provisions on combined punishment for several crimes.

Article 319
A person who, in the name of labor export, foreign trade or others, deceptively gets a passport, visa or any other exit certificate for the use of organizing another person to secretly cross the border(frontier) shall be sentenced to fixed-term imprisonment of not more than three years and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 320
A person who provides another person with a forged or altered exit and entry certificate such as passport, visa, or sells an exit and entry certificate such as passport, visa, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and concurrently to a fine.

Article 321
A person who transports another person to secretly cross the border(frontier) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine:

1. to transport other persons for many times or to transport many persons;

2. to use a traffic means such as vessel or vehicles which is lack of necessary safe conditions and it is sufficient to cause severe results;

3. to get a huge amount of illegal gains; or

4. to have any other especially serious circumstance.

A person who, during the transportation, causes severe bodily injury or death to the transported person or resists the inspection by means of violence or threat, shall be sentenced to fixed-term imprisonment of not less than seven years and concurrently to a fine.

A person who commits a crime under the preceding two paragraphs and commits any other criminal act of killing, injuring, raping or selling the transported person or killing or injuring the inspector, shall be sentenced in accordance with the provisions on combined punishment for several crimes.

Article 322
A person who, in violation of laws and regulations on control of the border(frontier), secretly crosses the border(frontier), shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and concurrently to a fine, if the circumstance is serious.

Article 323
A person who intentionally damages the boundary tablets, markers or permanent survey indicators along the national border shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Section 4 Crime of Impairing Control of Cultural Relics
Article 324
A person who intentionally damages precious cultural relics under state protection or cultural relics of a designated major site to be protected at the national level or of a site to be protected for historical and cultural value at the provincial level shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

A person who intentionally damages a historic site or scenic spot under state protection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine if the circumstance is serious.

A person who negligently damages precious cultural relics under state protection or cultural relics of a designated major site to be protected at the national level or of a site to be protected for historical and cultural value at the provincial level shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused.

Article 325
A person who, in violation of laws and regulations on protection of cultural relics, sells or denotes without authorization to a foreigner precious cultural relics in his collection which are forbidden by the state from being exported, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may concurrently be sentenced to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 326
A person who, with a view of profit, resells the cultural relics which are forbidden by the state from being sold or bought shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 327
If such a unit as the state-owned museum or library, in violation of laws or regulations on protection of cultural relics, sells or denotes, without approval, cultural relics in collections protected by the state to a non-state-owned unit or an individual, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 328
A person who excavates and robs a site of ancient culture or ancient tomb of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine or confiscation of property:

1. to excavate and rob a site of ancient culture or ancient tomb which is designated as the major site to be protected for its historical and cultural value at the national level or at the provincial level;

2. to be the ringleader of a gang engaged in excavating and robbing sites of ancient culture or ancient tombs;

3. to excavate and rob sites of ancient culture or ancient tombs for many times; or

4. to excavate a site of ancient culture or ancient tomb and to rob valuable cultural relics therein or to cause serious damage to valuable cultural relics therein.

A person who excavates and robs fossils of ancient human being or ancient spined animals of scientific value shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 329
A person who seizes forcibly or steals state-owned archives shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

A person who, in violation of the provisions of the Archives Law, sells or transfers, without approval, the state-owned archives, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.

A person who commits an act under the preceding two paragraphs and simultaneously commits any other crime set forth in this Law shall be convicted of a crime and sentenced in accordance with the provisions with a heavier punishment.

Section 5 Crime of Jeopardizing Public Health
Article 330
A person who, in violation of the provisions of the Law on the Prevention and Treatment of Infectious Diseases, causes the spread or a great risk of the spread of an infectious disease of Class A under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years:

1. to fail to supply by a water supply unit the water in conformity to the hygienic standards for drinking water set by the state;

2. to refuse to give disinfection treatment, according to the sanitary requirements proposed by a health and anti-epidemic agency, to sewage, wastes and feces contaminated with the pathogen of infectious diseases;

3. to permit or connive at the taking of jobs by patients of infectious diseases, pathogen carriers or suspected patients of infectious diseases which they are prohibited from doing by the health administrative department of the State Council because of the likelihood of causing a spread of infectious diseases; or

4. to refuse to implement preventive and control measures proposed by a health and anti-epidemic agency according to the Law on the Prevention and Treatment of Infectious Diseases.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

The range of infectious diseases of Class A shall be delimited in accordance with the Law of People's Republic of China on the Prevention and Treatment of Infectious Diseases and relevant regulations of the State Council.

Article 331
A person engaging in the experimentation, storage, carrying or transportation of bacterial strains and virus strains of infectious diseases who, in violation of the relevant provisions of the administrative department of the State Council for public health, causes a spread of the bacterial strains or virus strains of an infectious disease, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the result is serious and; if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 332
A person who, in violation of the provisions on frontier health quarantine, causes the spread or a great risk of the spread of a quarantinable infectious disease, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 333
A person who organizes illegally other persons to sell blood shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine; and a person who forces other persons by means of violence or threat to sell blood shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.

A person who commits an act under the preceding paragraph and causes injury to another person shall be convicted of a crime and sentenced in accordance with the provisions of Article 234 of this Law.

Article 334
A person who illegally collects and provides blood or makes and provides blood product shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if failing to conform to the standard set by the state and is definitely harmful to human health; if great harm to human health is caused, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and if an especially serious result is caused, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.

If a department which, upon approval of the state's competent department, collects and provides blood or makes and provides blood product does not conduct examinations as required or violates other operational regulations, thus causing a result of endangering another person's health, the department shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 335
A medical person who, due to serious negligence of his duty, causes death or serious damage to the person who goes to see him shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 336
A person who, without the qualification for a doctor, illegally makes a diagnosis or gives treatment, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious; if great injury is caused to the patient's health, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the patient's death is caused, to fixed-term imprisonment of not less than ten years and concurrently to a fine.

A person who, without the qualification for a doctor and without approval, conducts an operation of restoring oviduct or spermatic duct after birth control measures have been taken, an operation of false birth control or an operation of ending gestation or, takes off utensils of birth control in the womb, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the circumstance is serious; if a great injury to a patient's physical health, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if a patient's death is caused, to fixed-term imprisonment of not less than ten years and concurrently to a fine.

Article 337
A person who, in violation of the provisions of the Law on the Entry and Exit Animal and Plant Quarantine, escapes from animal and plant quarantine, thus causing epidemic situations of animal and plant, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Section 6 Crime of Undermining Protection of Environment or Resources
Article 338
A person who, in violation of the state's regulations, discharges, dumps or disposes radioactive wastes, wastes carrying infectious pathogens, poisonous substances or any other dangerous substances to land, water or air, thus causing a serious accident of environmental pollution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine, if a serious result or a great loss of public or private property or bodily injury or death of another person is caused; and if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 339
A person who, in violation of the state's regulations, dumps, piles up or disposes solid wastes abroad inside China, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine; if a serious environmental pollution accident is caused, thus resulting in a heavy loss to public or personal property or a great injury to people's health, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and if the result is especially serious, to fixed-term imprisonment of not less than ten years and concurrently to a fine.

A person who takes the liberty to import solid wastes as raw materials without permit of the relevant competent department of the State Council, thus causing a serious environmental pollution accident, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine, if a heavy loss to public or personal property or a great injury to people's physical health is caused; and if the result is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.

A person who, in the name of utilizing raw materials, imports solid wastes that cannot be utilized as raw materials, shall be convicted of a crime and sentenced in accordance with the provisions of Article 155 of this Law.

Article 340
A person who, in violation of laws or regulations on the protection of aquatic resources, fishes for aquatic products in an area where fishing is prohibited, during a period when fishing is prohibited or using implements or methods that are prohibited, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine if the circumstance is serious.

Article 341
A person who illegally catches or kills the species of wildlife under special state protection which are rare or near extinction, or illegally purchases, transports or sells the species of wildlife under special state protection which are rare or near extinction or their products, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years and concurrently to a fine or confiscation of property.

A person who, in violation of game laws or regulations, hunts in a game reserve, during a period when hunting is prohibited or using implements or methods that are prohibited, thus damaging wildlife resources, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine if the circumstance is serious.

Article 342
A person who, in violation of laws or regulations on land administration, illegally occupies cultivated land and uses it for other purposes, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently or independently, to a fine, if the amount involved is relatively huge and serious damage to a large amount of cultivated land is caused.

Article 343
A person who, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters without approval and mines in mining areas that the state has planned to develop, in mining areas with ores of significant value to the national economy, or in other's mining areas, or exploits special kinds of minerals that the state has prescribed for protective exploitation, and refuses to stop mining after he is ordered to do so, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if damage to mineral resources is caused; and if serious damage to mineral resources is caused, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

A person who, in violation of the provisions of the Mineral Resources Law, exploits mineral resources in a destructive manner and causes heavy damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine.

Article 344
A person who, in violation of the provisions of the Forestry Law, illegally cuts down or destroys rare and precious trees, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 345
A person who illegally cuts down trees, bamboo, etc. shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the amount involved is relatively huge; if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine; and if the amount involved is especially huge, to fixed-term imprisonment of not less than seven years and concurrently to a fine.

A person who, in violation of the provisions of the Forestry Law, denudes forests or other woodlands, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

A person who, with a view of profit, illegally purchases forest trees which are clearly known by him to be cut down or denuded in forest areas, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

A person who cuts down or denudes forests or other woodlands in the nature reservation areas at the national level shall be sentenced heavily.

Article 346
If a unit commits a crime set forth in Article 338 to 345 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article of this Section.

Section 7 Crime of Smuggling, Trafficking in, Transporting or Producing Drugs
Article 347
A person who smuggles, traffics in, transports or produces drugs, regardless of the quantity, shall be demanded for criminal responsibility and imposed criminal punishment.

A person who, under any of the following circumstances, smuggles, traffics in, transports or produces drugs, shall be sentenced to fixed-term imprisonment of fifteen years, life imprisonment or death and concurrently to confiscation of property:

1. to smuggle, traffic in, transport or produce opium of not less than 1,000 grams or heroin or methyl benzedrine of not less than 50 grams or any other drug of large quantity;

2. to be a ringleader of a gang engaged in smuggling, trafficking in, transporting or producing of drugs;

3. to shield with weapons the smuggling, trafficking in, transporting or producing of drugs;

4. violently to resist inspection, detention or arrest with serious circumstances; or

5. to take part in organized international drug activities.

A person who smuggles, traffics in, transports or produces opium of not less than 200 grams and not more than 1,000 grams or heroin or methyl benzedrine of not less than 10 grams and not more than 50 grams or any other drug of relatively huge quantity shall be sentenced to fixed-term of imprisonment of not less than seven years and concurrently to a fine.

A person who smuggles, traffics in, transports or produces opium of not more than 200 grams or heroin or methyl benzedrine of not more than 10 grams or any other drug of small quantity shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

If a unit commits a crime under paragraph 2, 3 or 4, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant paragraph.

A person who uses a minor or aids and abets him to smuggle, traffic in, transport or produce drugs or sells drugs to the minor shall be sentenced heavily.

If a person who smuggles, traffics in, transports or produces drugs for many times does not been sentenced, his quantity of drugs thus involved shall be computed accumulatively.

Article 348
A person who illegally holds opium of not less than 1,000 grams or heroin or methyl benzedrine of not less than 50 grams or any other drug of large quantity shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine. A person who illegally holds opium of not less than 200 grams and not more than 1,000 grams or heroin or methyl benzedrine of not less than 10 grams and not more than 50 grams or any other drug of relatively large quantity shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently, to a fine.

Article 349
A person who shields an offender engaging in smuggling, trafficking in, transporting or producing drugs, or harbours, transfers or covers up, for an offender, drugs or his pecuniary and other gains from such criminal activities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

An anti-drugs personnel or a public servant of a state organ who screens or shields an offender engaging in smuggling, trafficking in, transporting or producing drugs shall be sentenced heavily in accordance with the provisions of the preceding paragraph.

Conspirators to a crime under the preceding two paragraphs shall be punished as for a joint crime of smuggling, trafficking in, transporting or producing of drugs.

Article 350
A person who, in violation of the state's regulations, illegally transports or carries acetic oxide, ether, chloroform or any other substance which is used as materials or burden in the production of drugs into or out of China, or who, in violation of the state's regulations, illegally buys or sells any of the above-mentioned goods in China, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently, to a fine; and if the quantity is huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

A person who provides another person with goods mentioned in the preceding paragraph, while knowing that the latter produces drugs, shall be deemed an accomplice in the crime of producing drugs and be sentenced thereto.

If a unit commits a crime under the preceding two paragraphs, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding two paragraphs.

Article 351 A person who illegally cultivates mother plants of drugs, such as opium poppy and marijuana shall be forced to uproot them. A person who is under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine:

1. to cultivate opium poppy of not less than 500 plants and not more than 3,000 plants or any other mother plant of drugs in relatively large quantity;

2. to cultivate any mother plant of drugs again after being dealt with by the public security organ; or

3. to resist the uprooting of such mother plants.

A person who illegally cultivates opium poppy of not less than 3,000 plants or any other mother plant of drugs in large quantity shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine or confiscation of property.

A person who illegally cultivates opium poppy or any other mother plants of drugs may, if voluntarily uproot them before harvest, be exempted from punishment.

Article 352
A person who illegally buys or sells, transports, carries or holds seeds or seedlings of mother plants of opium poppy or other narcotic drugs which have not been destroyed to death, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine, if the quantity is relatively huge.

Article 353
A person who lures, aids and abets, or cheats another person into drug ingestion or injection shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

A person who forces another person to ingest or inject drugs shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

A person who lures, aids and abets, cheats or forces a minor into ingesting or injecting drugs shall be sentenced heavily.

Article 354
A person who provides shelter for another person to ingest or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine.

Article 355
A person engaging in, according to law, production, transportation, management or utilization of state-controlled narcotics or psychotropic substances who, in violation of the state's regulations, provides such substances which may lead to people's addiction to a person who ingests or injects drugs, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine. A person mentioned above who provides such substances which may lead to people's addiction to drug smugglers or traffickers, or, with a view of profit, to another person who ingests or injects drugs, shall be convicted of a crime and sentenced in accordance with the provisions of Article 347 of this Law.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 356
A person who has ever been sentenced for a crime of smuggling, trafficking in, transporting, producing or holding illegally drugs shall be sentenced heavily if he commits a crime set forth in this Section again.

Article 357
For the purposes of this Law, drugs mean opium, heroin, methyl benzedrine, morphine, marijuana, cocaine and other narcotics and psychotropic substances that are liable to make people addicted to their use and that are controlled as required by the state.

The amount of drugs shall be computed according to the amount of smuggled, trafficked in, transported, produced or illegally held drugs which are verified, and shall not be computed according to their degree of purity.

Section 8 Crime of Organizing, Forcing, Luring, Sheltering or Introducing Women into Prostitution
Article 358
A person who organizes or forces another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine; and under any of the following circumstances, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property:

1. to organize another person to engage in prostitution and the circumstance is serious;

2. to force a girl under the age of fourteen years to engage in prostitution;

3. to force many persons to engage in prostitution or to force another person to engage in prostitution for many times;

4. to force the victim to engage in prostitution after raping her; or

5. to cause serious bodily injury or death to the person being forced to engage in prostitution or to cause any other severe result.

A person who is under any of the circumstances mentioned in the preceding paragraph shall, if the circumstance is especially serious, be sentenced to life imprisonment or death and concurrently to confiscation of property.

A person who assists in organizing another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years and concurrently to a fine.

Article 359
A person who lures, shelters or procures another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and concurrently to a fine.

A person who lures a girl under the age of fourteen years to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine.

Article 360
A person knowing to have a serious venereal disease such as syphilis or gonorrhea who engages in prostitution or whoring shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and concurrently to a fine.

A person who whores with a girl under the age of fourteen years shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine.

Article 361
A person of such a unit as hotel, catering, entertainment or taxi service, who, by taking advantage of his unit, organizes, forces, lures, shelters or procures another person to engage in prostitution, shall be convicted of a crime and sentenced in accordance with the provisions of Article 358 or 359 of this Law.

A principal person-in-charge of the unit mentioned in the preceding paragraph who commits a crime under the preceding paragraph shall be sentenced heavily.

Article 362
A person of such a unit as hotel, catering, entertainment or taxi service who, at the time when the public security organ investigates or deals with activities of prostitution or whoring, provides information for a law-breaker or criminal, shall be convicted of a crime and sentenced in accordance with the provisions of Article 310 of this Law if the circumstance is serious.

Section 9 Crime of Producing, Selling or Spreading Obscene Articles
Article 363
A person who, with a view of profit, produces, reproduces, publishes, sells or spreads obscene articles, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property.

A person who provides a book number for another person to publish obscene books or periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine. A person who provides another person with a book number which he clearly knows to be used to publish obscene books or periodicals shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 364
A person who spreads obscene books or periodicals, movies, video- and audio-tapes, pictures or any other obscene articles shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance if the circumstance is serious.

A person who organizes shows of obscene films or videos or any other video or audio products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

A person who produces or reproduces such a video or audio product as obscene pornographic film or video and organizes shows of them shall be sentenced heavily in accordance with the provisions of paragraph 2.

A person who spreads obscene articles to a minor under the age of eighteen years shall be sentenced heavily.

Article 365
A person who organizes an obscene performance shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

Article 366
If a unit commits a crime set forth in Article 363 , 364 or 365 of this Section, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the relevant article.

Article 367
In this Law obscene articles mean sex-propagating books, periodicals, films, video- and audio-tapes, pictures and other obscene articles which concretely describe sexual acts or undisguisedly publicize sex.

Scientific works concerning physiology of human body or medical knowledge shall not be the obscene articles.

Literary and artistic works of artistic value which contain contents of sex shall no been deemed the obscene articles.

Chapter VII Crime of Endangering Interests of National Defense

Article 368
A person who hinders, by means of violence or threat, a serviceman from performing his duty according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

A person who intentionally hinders the armed forces from taking a military activity shall, if a serious result is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 369
A person who damages weapons or equipment, military installations or military communications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; a person who damages important weapons or equipment, military installations or military communications shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death. Any person who commits such a crime during wartime shall be sentenced heavily.

Article 370
A person who provides knowingly the armed forces with substandard weapons or equipment or military installations shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment of death.

A person who negligently commits a crime under the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

If a unit commits a crime under paragraph 1, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of paragraph 1.

Article 371
Where an assembled crowd assaults a military forbidden area and disturbs seriously order thereof, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Where an assembled crowd disturbs order of a military administrative region and the circumstance is so serious that the work of the military administrative area can not been done and great losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Article 372
A person who passes himself off as a serviceman in order to practice fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 373
A person who incites a serviceman to flee from the armed forces or employs knowingly a serviceman who fled from the armed forces shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 374
A person who, in the work of conscription, practices favoritism or irregularity and accepts or sends out a disqualified soldier shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 375
A person who forges, alters, buys or sells, steals or forcibly seizes the official document, certificate or seal of the armed forces, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

A person who illegally produces, sells or buys uniforms, number plates of vehicles or any and other sign for special use of the armed forces shall, if the circumstance is serious, to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently or independently, to a fine.

If a unit commits a crime under paragraph 2, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the said paragraph.

Article 376
A person of reserve duty who refuses or escapes from recruitment or training during wartime shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

A citizen who refuses to be on active service or escapes from being on active service shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 377
A person who, during wartime, intentionally provides false enemy's conditions to the armed forces, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 378
A person who, during wartime, fabricates rumours to mislead others and undermines army morale, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 379
A person who, during wartime, provides shelters or property for a serviceman who fled from the army while knowing that shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 380
Where a unit, during wartime, refuses or intentionally delays a military order of goods and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if a serious result is caused, to fixed-term imprisonment of not less than five years.

Article 381
A person who, during wartime, refuses military commandeering, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.

Chapter VIII Crime of Embezzlement or Bribery
Article 382
A public servant of the state who, by taking advantage of his post, appropriates, steals, swindles or otherwise illegally takes possession of public property shall be guilty of a crime of embezzlement.

A person who is authorized by a state organ, state-owned company, enterprise, institution or people's organization, to administer or manage state-owned property shall, if, by taking advantage of his post to appropriate, steal, swindle or otherwise illegally take possession of state-owned property, be dealt with as embezzlement.

A person who conspires with the person listed in the preceding two paragraphs to engage in embezzlement shall be dealt with as an accomplice.

Article 383
A person who commits a crime of embezzlement shall, depending on the seriousness of the circumstance, be sentenced respectively according to the following provisions:

1. A person who embezzles the amount of not less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and may concurrently be sentenced to confiscation of property; and if the circumstance is especially serious, to death and concurrently to confiscation of property.

2. A person who embezzles the amount of not less than 50,000 yuan and not more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years and may concurrently be sentenced to confiscation of property; and if the circumstance is especially serious, to life imprisonment and concurrently to confiscation of property.

3. A person who embezzles the amount of not less than 5,000 yuan and not more than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year and not more than seven years; and if the circumstance is serious, to fixed-term imprisonment of not less than seven years and not more than ten years. A person who embezzles the amount of not less than 5,000 yuan and not more than 10,000 yuan may, if, after committing the crime, showing signs of repentance and giving up the embezzled money of his own accord, be given a mitigated punishment or be exempted from criminal punishment, and in such a case, shall be given administrative sanctions by the unit to which he belongs or by the competent superior department.

4. A person who embezzles the amount of not more than 5,000 yuan shall, if the circumstance is relatively serious, be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is relatively minor, be given administrative sanctions according to the circumstance by the unit to which he belongs or by the competent superior department.

A person who repeatedly commits embezzlements for many times and goes unpunished shall be sentenced according to the accumulated amount of money he has embezzled.

Article 384
A public servant of the state who, by taking advantage of his post, misappropriates the public money for his own use or for conducting an illegal activity, or misappropriates a relatively large amount of public money for conducting activities with a view of profit, or misappropriates a relatively large amount of public money and fails to return it after three months, shall be guilty of a crime of misappropriation of public money and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than five years. If such a person misappropriates a large amount of public money and fails to return it, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

A person who misappropriates for his own use the money or materials allocated for disaster relief, emergency rescue, flood prevention and control, the care of disabled servicemen and the families of revolutionary martyrs and servicemen, the care of the poor, resettlement of residents or social relief shall be sentenced heavily.

Article 385
A public servant of the state who, by taking advantage of his post, asks for another person's property, or illegally accepts another person's property and secures advantages for him, shall be guilty of a crime of acceptance of bribes.

A public servant of the state who, in violation of the state's regulations, accepts commissions and service charges offered in various names for his own possession in economic transactions shall be dealt with as acceptance of bribes.

Article 386
A person who commits a crime of acceptance of bribes shall, depending on the amount of bribes and the seriousness of the circumstances, be sentenced in accordance with the provisions of Article 383 of this Law. A person who extorts bribery shall be sentenced heavily.

Article 387
Where a state organ, state-owned company or enterprise, institution or people's organization extorts or accepts illegally property from another person and seeks profit for him and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

A unit listed in the preceding paragraph which, in its economic transactions, accepts secretly rebates or commissions in various names without entering into its account shall be deemed as acceptance of bribes, and sentenced in accordance with the provisions of the preceding paragraph.

Article 388
A public servant of the state who, by taking advantage of his favorable conditions of his post or position, seeks unlawful profits for the entruster through the acts of office of another public servant of the state, and extorts or accepts the entruster's property, shall be dealt with as acceptance of bribes.

Article 389
A person who, with a view of unjust benefit, gives property to a public servant of the state shall be guilty of bribing.

A person who, in economic transactions, violates the state's regulations to give property of a large quantity to a public servant of the state or to give commissions and service charges to the latter shall be dealt with as bribing.

A person who is extorted to give property to a public servant of the state and has not got any unjust benefit shall not be deemed bribing.

Article 390
A person who commits a crime of bribing shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A person who seeks unjust benefit by bribing shall, if the circumstance is serious or a heavy loss is caused to the state's interests, be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and may concurrently be sentenced to confiscation of property.

A briber who voluntarily confesses his bribery before being prosecuted may be given a mitigated punishment or be exempted from punishment.

Article 391
A person who, with a view of unjust benefit, gives property to a state organ, state-owned company or enterprise, an institution or a people's organization, or, in economic transactions, violates the state's regulations to give commissions and service charges offered in various names, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 392
A person who introduces a bribe to a public servant of the state shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

A person who introduces a bribe shall, if he voluntarily confesses his activities before being prosecuted, be given a mitigated punishment or exempted from punishment.

Article 393
If a unit, with a view of unjust benefit, offers a bribe or offers, in violation of the state's regulations, commissions or service charges to a public servant of the state, and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If illegal gains are obtained by bribing and such gains are taken possession of by a person, the said person shall be convicted of a crime and sentenced in accordance with the provisions of Article 389 or 390 of this Law.

Article 394
A public servant of the state who, in the domestic activities for public purpose or in their contact with foreigners, accepts gifts which shall be handed over as required by the state and fails to do so, shall be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law if the amount involved is relatively huge.

Article 395
A public servant of the state whose property or expenditure apparently exceeds his lawful incomes may, if the difference is huge, be ordered to explain the sources of his property. If he can not explain the lawful sources of his property, the amount of property that exceeds his lawful incomes shall be treated as illegal gains, and he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the property that exceeds his lawful incomes shall be taken over.

A public servant of the state shall, if having bank savings in another country or territory, make a report in accordance with the state's regulations. A person who has a relatively large amount of such savings and does not report them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is relatively minor, shall be given administrative sanctions according to the circumstance by the unit to which he belongs or by the competent superior department.

Article 396
If a state organ, state-owned company or enterprise, institution or people's organization, in violation of the state's regulations, distributes state-owned assets collectively to individuals in the name of the unit, the person-in-charge directly responsible and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently to a fine if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

A judicial organ or an administrative organ who, in violation of the state's regulations, distributes collectively to individuals the confiscated property which shall be turned over to the state in the name of the unit, shall be sentenced in accordance with the provisions of the preceding paragraph.

Chapter IX Crime of Dereliction of Duty
Article 397
A public servant of a state organ who abuses his power of office or neglects his duty, thus causing a heavy loss to public property or interests of the state or the people, shall be sentenced to fixed-imprisonment of not more than three years or criminal detention; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years. Where this Law has other provisions, they shall govern.

A public servant of a state organ who practicing favoritism or irregularity, thus committing a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years. Where this Law has other provisions, they shall govern.

Article 398
A public servant of a state organ who, in violation of the provisions of the Law on Guarding State Secrets, indulges state secrets intentionally or negligently, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.

A person other than a public servant of a state organ who commits a crime under the preceding paragraph shall, depending on the circumstance, be sentenced in accordance with the provisions of the preceding paragraph.

Article 399
A judicial officer who bends the law for the benefits of his own or bends the law for the benefits of his relatives or friends, and subjects to prosecution a person he clearly knows to be innocent and intentionally protects from prosecution a person he clearly knows to be guilty, or in the course of criminal trial, intentionally twists the law and makes judgments or orders which are contrary to the fact and law, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.

A judicial officer who, in the course of civil or administrative trial, intentionally twists the law and makes judgments or orders which are contrary to the fact and law, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years.

A judicial officer who accepts a bribe and twists the law, and commits an act under the preceding two paragraphs, thus concurrently constituting a crime under Article 385 of this Law, shall be convicted of a crime and sentenced in accordance with the provisions which are heavier.

Article 400
A judicial officer who, without authorization, releases a suspect for a crime, defendant or criminal in custody, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.

A judicial officer who, due to serious negligence of his duty, causes a suspect for a crime, defendant or criminal in custody to escape, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused; and if an especially serious result is caused, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 401
A judicial officer who practices favoritism or irregularity, makes a decision of commutation of punishment, parole or temporarily serving his term outside prison to a criminal not conforming to the conditions of commutation of punishment, parole or temporarily serving his term outside prison, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 402
An administrative law-enforcement personnel who practices favoritism or irregularity, thus failing to remit a person who shall be investigated for criminal responsibility to a judicial organ, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if a serious result is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 403
A public servant of a relevant competent department of the state who practices favoritism or irregularity, abuses his power of office, and approve or register an application for establishment or registration of a company or for issuing or marketing of a stock or bond, which do not conform to the conditions laid down by law, thus causing a great loss to public property or interests of the state or the people, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

If a superior department forces a registration organ or its working personnel to render an act under the preceding paragraph, the person-in-charge directly responsible shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 404
A working personnel of a tax authority who practices favoritism or irregularity and, wholly or partly, does not collect the tax payable, thus causing a heavy loss to the state's tax revenue, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if causing an especially serious loss, to fixed-term imprisonment of not less than five years.

Article 405
A working personnel of a tax authority who, in violation of the provisions of laws or administrative regulations, practices favoritism or irregularity in the work concerning selling invoices, offsetting the amount of tax payable or refunding the tax for export, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if causing an especially heavy loss to the interests of the state, to fixed-term imprisonment of not less than five years.

A public servant of any other state organ who, in violation of the state's regulations, practices favoritism or irregularity in the work concerning providing declarations for export goods to the Customs, documents for verification and cancellation of foreign exchange income of export goods or other vouchers for use of tax refund for export, thus causing a heavy loss to the interests of the state, shall be sentenced in accordance with the provisions of the preceding paragraph.

Article 406
A public servant of a state organ who, in the course of signing or performing a contract, is defrauded due to serious negligence of his duty, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if causing an especially heavy loss to the interests of the state, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 407
A public servant of the competent department for forestry who, in violation of the provisions of the Forestry Law, issues a forestry trees cutting license in excess of the approved annual cutting quotas or, in violation of the regulations, issues a forestry trees cutting license in disregard of merit, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious and the forest suffers heavy damage.

Article 408
A public servant of a state organ having the duty of supervision and control on environment protection who neglects his duty so seriously that a great environmental pollution accident happens, thus causing a heavy loss to public or private property or another person's bodily injury or death or any other serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 409
A public servant of a government's administrative department for public health engaging in the prevention or treatment related to infectious diseases who neglects his duty seriously, thus causing the spread or epidemic of an infectious disease, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.

Article 410
A public servant of a state organ who practices favoritism or irregularity, violates the laws or regulations on land administration, abuses his power, illegally approves requisitioning or occupying of land, or illegally assigns the right for use of state-owned land at a lower price, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if causing an especially heavy loss to the interests of the state or collective, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 411
A customs officer who practices favoritism or irregularity and connives at another person's smuggling shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years.

Article 412
A public servant of the state commodity inspection department or agency who practices favoritism or irregularity and fabricates an inspection conclusion shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and; if a serious result is caused, to fixed-term imprisonment of not less than five years and not more than ten years.

A person listed in the preceding paragraph who neglects his duty so seriously that he does not inspect the commodity that shall be inspected or delays providing a certificate or provides a wrong certificate, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 413
A quarantine personnel of an animal and plant quarantine organ who practices favoritism or irregularity and fabricates a quarantine result, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and; if a serious result is caused, to fixed-term imprisonment of not less than five years and not more than ten years.

A person listed in the preceding paragraph who neglects his duty so seriously that he does not quarantine an object that shall be quarantined, or delays providing a quarantine certificate or provides a wrong certificate, thus causing a heavy loss to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 414
A public servant of the sate organ having the duty of investigation of the responsibility for production or sale of fake or substandard commodity who practices favoritism or irregularity and does not perform the investigation duty provided by law shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 415
A public servant of the state organ responsible for issuance of passports, visas or other certificates for the use of exit or entry who issues a exit and entry certificate to a person clearly known to attempt to secretly cross the national boundary (borderline), or a public servant of such state organ as the frontier defense or Customs who permits a person clearly known to secretly cross the national boundary (borderline) to go, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 416
A public servant of the state organ having the duty of rescuing a woman or child abducted and trafficked in or kidnapped who fails to make any rescue effort on receiving a request for rescue by a woman or child who is abducted and trafficked in or kidnapped or by his or her family members or on receiving a report thereon made by any other person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a serious result is caused.

A public servant of the state organ having the duty of rescue takes advantage of his post to hinder the rescue shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than two years or criminal detention.

Article 417
A public servant of the state organ having the duty of investigating and forbidding criminal activities who divulges secret information or provides with convenience to a criminal, and helps a criminal to escape from being punished, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 418
A public servant of a state organ who, in the course of recruiting public servants or students, practices favoritism or irregularity, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.

Article 419
A public servant of a state organ who seriously neglects his duty and causes a damage or loss of rare and precious cultural relics shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the result is serious.

Chapter X Crime of the Serviceman's Violation of Duty
Article 420
An act of a serviceman that contravenes his duty and endangers the state's military interests and is punishable with criminal penalties by law shall be a crime of the serviceman's violation of duty.

Article 421
A serviceman who disobeys an order during wartime, thus jeopardizing the military operations, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and; if a major loss to a battle or campaign is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 422
A serviceman who intentionally conceals or makes a false report about the military situation or refuses to communicate or communicates a false military order, thus jeopardizing the military operations, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if a major loss to a battle or campaign is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 423
A serviceman who, in fear of death on battlefield, voluntarily lays his arms and surrenders to the enemy, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and; if the circumstance is serious, to fixed-term imprisonment of not less than ten years or life imprisonment.

A serviceman who, after surrendering to the enemy, works for enemy, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 424
A serviceman who deserts from his unit during a battle shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years; and if a major loss to a battle or campaign is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 425
A person in command or on duty who leaves his post or neglects his duty, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if causing an especially serious result, to fixed-term imprisonment of not less than three years and not more than seven years.

A person who, during wartime, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years.

Article 426
A serviceman who, by force or threat, hinders commanding personnel or personnel on duty from performing their duties, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than five years; and if causing serious injury or death to another person or any other especially serious circumstance, to life imprisonment or death. During wartime, he shall be sentenced heavily.

Article 427
A serviceman who abuses his power of office and incites a subordinate to carry out an activity in contravention of his duty shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a serious result is caused and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years.

Article 428
A person in command who disobeys an order, flinches from the battlefield and fights inactively, shall be sentenced to fixed-term imprisonment of not more than five years if a serious result is caused and; if a serious loss to a battle or campaign is caused or any other especially serious circumstance exists, to fixed-term imprisonment of not less than five years.

Article 429
A commanding person who, while clearly knowing that neighboring friendly forces are in dangerous and urgent situation, has ability to rescue the force but does not to do so, and causes a serious loss to the neighboring friendly forces, shall be sentenced to fixed-term imprisonment of not more than five years.

Article 430
A serviceman who leaves his post without approval in the course of performing his public affairs, turns traitor and flees from China or turns traitor and flees outside China, thus endangering the state's military interests, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than five years.

A serviceman who drives an aircraft or warship to turn traitor and flee or has any other especially serious circumstance shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 431
A serviceman who, by means of stealing, prying or buying, illegally obtains military secrets, shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years.

A serviceman who steals, pries, buys or illegally provides military secrets for an agency, organization or a person outside China, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 432
A serviceman who, in violation of laws or regulations on protection of the state secrets, intentionally or negligently divulges military secrets, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is serious and; if the circumstance is especially serious, to fixed-term imprisonment of not less than five years and not more than ten years.

A serviceman who, during wartime, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and; if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 433
A serviceman who, during wartime, fabricates rumor to mislead others and undermines army morale, shall be sentenced to fixed-term imprisonment of not more than three years and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than ten years.

A serviceman who colludes with the enemy and fabricates rumor to mislead others and undermines army morale shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and; if the circumstance is especially serious, may be sentenced to death.

Article 434
A serviceman who, during wartime, inflicts bodily injury on himself, thus disqualifying himself from fulfilling his military obligation, shall be sentenced to fixed-term imprisonment of not more than three years and; if the circumstance is serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 435
A serviceman who, in violation of laws or regulations on military service, flees from army, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious.

A serviceman who, during wartime, commits a crime under the preceding paragraph, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 436
A serviceman who violates the provisions on the use of weapons and equipment, if the circumstance is serious, thus causing a liability accident leading to severe injury or death of another person or any other serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and if the result is especially serious, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 437
A serviceman who, in violation of the provisions on control of weapons and equipment, changes without approval the arrangement and purpose of weapons or equipment, thus causing a serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if causing an especially serious result, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 438
A serviceman who steals or seizes forcibly weapons or equipment or military materials shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death.

A serviceman who steals or seizes forcibly guns, ammunitions or explosives shall be sentenced in accordance with the provisions of Article 127 of this Law.

Article 439
A serviceman who illegally sells or transfers weapons or equipment of the army shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and if large quantity of weapons or equipment are sold or transferred or any other especially serious circumstance exist, to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 440
A serviceman who disobeys an order and abandons weapons or equipment shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if important or large quantity of weapons or equipment are abandoned or any other serious circumstance exists, shall be sentenced to fixed-term imprisonment of not less than five years.

Article 441
A serviceman who loses weapons or equipment and does not report in time or has any other serious circumstance shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 442
Where, in violation of the regulations, real estate of the army is sold or transferred without approval, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the circumstance is serious; and if the circumstance is especially serious, to fixed-term imprisonment of not less than three years and not more than ten years.

Article 443
A serviceman who abuses his power of office and maltreats a subordinate shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if the circumstance is so flagrant as to have resulted in serious bodily injury of another person or any other serious result; and if causing death of another person, to fixed-term imprisonment of not less than five years.

Article 444
If a wounded or sick is deliberately abandoned on the battlefield and the circumstance is flagrant, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than five years.

Article 445
A serviceman at the post of rescue and cure who, during wartime, refuses to rescue or cure the fatal wounded or sick serviceman while having such conditions, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if causing severe disability or death of a wounded or sick serviceman or any other serious circumstance, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.

Article 446
A serviceman who, during wartime, mistreats an innocent resident or plunders property from an innocent resident in areas of military operations, shall be sentenced to fixed-term imprisonment of not more than five years; and if the circumstance is serious, to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 447
A serviceman who releases without approval a prisoner of war shall be sentenced to fixed-term imprisonment of not more than five years; and if releasing without approval an important prisoner of war or releasing without approval several prisoners of war or having any other serious circumstance, to fixed-term imprisonment of not less than five years.

Article 448
A serviceman who maltreats a prisoner of war shall be sentenced to fixed-term imprisonment of not more than three years if the circumstance is flagrant.

Article 449
A serviceman who, during wartime, commits a crime and is sentenced to fixed-term imprisonment of not more than three years with a reprieve pronounced may, in consideration of the absence of actual danger from him, be allowed to atone for his crime by performing meritorious deeds. Should he truly perform meritorious deeds, the original sentence may be rescinded, and he shall not be sentenced as a criminal.

Article 450
This Chapter applies to the officers, nonmilitary cadres, soldiers on active duties and the students with military status of the Chinese People's Liberation Army, and the officers, nonmilitary cadres, soldiers on active duties and the students with military status of the Chinese People's Armed Police Forces, and the persons on reserve service and other persons who perform military tasks.

Article 451
In this Chapter wartime means the period within which the state announces a war, the army receives tasks of battle or suffers a sudden attack.

The period when the army enforces tasks of martial law or disposes emergent violent incidents shall be regarded as wartime.

Supplementary Provisions

Article 452
This Law shall enter into force on October 1, 1997.

The regulations, supplementary provisions and decisions listed in Appendix I of this Law, which were formulated by the Standing Committee of the National People's Congress, are already brought into this Law or are not applicable and, from the date of entry into force of this Law, shall be repealed.

The supplementary provisions and decisions listed in Appendix II of this Law, which were formulated by the Standing Committee of the National People's Congress, are reserved. Among them, the provisions on administrative sanctions and administrative measures shall continue to remain in force; and the provisions on criminal responsibility are already brought into this Law and, from the date of entry into force of this Law, the provisions of this Law shall apply.