CRIMINAL LAW OF THE PEOPLE’S REPUBLIC OF CHINA

(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.5 of the Chairman of the Standing Committee of the National People’s Congress on July 6, 1979, and effective as of January 1,1980)

CONTENTS

PART ONE GENERAL PROVISIONS

CHAPTER I THE GUIDING IDEOLOGY, TASKS AND SCOPE OF APPLICATION OF CRIMINAL LAW

CHAPTER II CRIMES

SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY

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

SECTION 3 JOINT CRIMES

CHAPTER III PUNISHMENTS

SECTION 1 TYPES OF PUNISHMENTS

SECTION 2 PUBLIC SURVEILLANCE

SECTION 3 CRIMINAL DETENTION

SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT

SECTION 5 THE DEATH PENALTY

SECTION 6 FINES

SECTION 7 DEPRIVATION OF POLITICAL RIGHTS

SECTION 8 CONFISCATION OF PROPERTY

CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS

SECTION 1 SENTENCING

SECTION 2 RECIDIVISTS

SECTION 3 VOLUNTARY SURRENDER

SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES

SECTION 5 SUSPENSION OF SENTENCE

SECTION 6 COMMUTATION OF PUNISHMENT

SECTION 7 PAROLE

SECTION 8 LIMITATION

CHAPTER V OTHER PROVISIONS

PART TWO SPECIFIC PROVISIONS

CHAPTER I CRIMES OF COUNTERREVOLUTION

CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY

CHAPTER III CRIMES OF UNDERMINING THE SOCIALIST ECONOMIC ORDER

CHAPTER IV CRIMES OF INFRINGING UPON THE RIGHTS OF THE PERSON AND THE DEMOCRATIC RIGHTS OF CITIZENS

CHAPTER V CRIMES OF PROPERTY VIOLATION

CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF PUBLIC ORDER

CHAPTER VII CRIMES OF DISRUPTING MARRIAGE AND THE FAMILY

CHAPTER VIII CRIMES OF DERELICTION OF DUTY

PART ONE GENERAL PROVISIONS

CHAPTER I THE GUIDING IDEOLOGY, TASKS AND SCOPE OF APPLICATION OF THE CRIMINAL LAW

Article 1. The Criminal Law of the People’s Republic of China,

which takes Marxism-Leninism-Mao Zedong Thought as its guide and the

Constitution as its basis, is formulated in accordance with the

policy of combining punishment with leniency and in the light of the

actual circumstances and concrete experiences of the people of all

China’s nationalities in carrying out the people’s democratic

dictatorship, led by the proletariat and based on the

worker-peasant alliance, that is, the dictatorship of the

proletariat, and in conducting the socialist revolution and

socialist construction.

Article 2. The tasks of the Criminal Law of the People’s

Republic of China are to use criminal punishments to

fight against all counterrevolutionary and other criminal acts in

order to defend the system of the dictatorship of the proletariat; to

protect socialist property owned by the whole people and socialist

property collectively owned by the working people; to protect the

citizens’ privately owned lawful property; to protect the citizens,

rights of the person and their democratic and other rights; to

maintain public order and order in production, education, scientific

research and other work and in the life of the masses; and to

safeguard the smooth progress of the cause of the socialist

revolution and socialist construction.

Article 3. This Law is applicable to anyone who commits a crime

within the territory of the People’s Republic of China, unless the

case is covered by special legal provisions.

This Law is also applicable to anyone who commits a crime on board

a ship or airplane of the People’s Republic of China.

If the criminal act or its consequence takes place within the

territory of the People’s Republic of China, the crime shall be

deemed to have been committed within the territory of the People’s

Republic of China.

Article 4. This Law is applicable to the citizens of the

People’s Republic of China who commit any of the following

crimes outside the territory of the People’s Republic of China:

(1) counterrevolution;

(2) counterfeiting national currency (Article 122) and

counterfeiting valuable securities (Article 123);

(3) embezzlement (Article 155), accepting bribes (Article

185) and divulging state secrets (Article 186); and

(4) posing as a state functionary to practise fraud (Article

166) and forging official documents, certificates and seals (Article

167).

Article 5. This Law is also applicable to any citizen of the

People’s Republic of China who commits a crime outside the territory

of the People’s Republic of China that is not specified in the

preceding Article, if for that crime this Law prescribes a

minimum punishment of fixed-term imprisonment of not less than

three years; however, this does not apply to a crime that is not

punishable according to the law of the place where it was committed.

Article 6. This Law may be applicable to any foreigner who

commits a crime outside the territory of the People’s Republic of

China, against the state of the People’s Republic of China or

against its citizens, if for that crime this Law prescribes a

minimum punishment of fixed-term imprisonment of not less than

three years; however, this does not apply to a crime that is not

punishable according to the law of the place where it was committed.

Article 7. If any person commits a crime outside the territory

of the People’s Republic of China for which according to this Law

he would bear criminal responsibility, he may still be dealt with

according to this Law, even if he has already been tried in a foreign

country. However, if he has already received criminal punishment in

the foreign country, he may be exempted from punishment or given a

mitigated punishment.

Article 8. The problem of the criminal responsibility of

foreigners who enjoy diplomatic privileges and immunities shall

be resolved through diplomatic channels.

Article 9. This Law shall enter into force on January 1, 1980.

If an act committed after the founding of the People’s Republic

of China and before the entry into force of this law was not deemed

a crime under the laws, decrees and policies in force at the time,

those laws, decrees and policies shall apply. If the act was deemed a

crime under the laws, decrees and policies in force at that time and

is subject to prosecution under the provisions of SECTION 8, CHAPTER

IV of the General Provisions of this Law, criminal responsibility

shall be investigated according to those laws, decrees and

policies. However, if this Law does not deem it a crime or imposes

a lighter punishment, this Law shall apply.

CHAPTER II CRIMES

SECTION 1 CRIMES AND CRIMINAL RESPONSIBILITY

Article 10. A crime refers to an act that endangers the

sovereignty and territorial integrity of the state; endangers

the system of the dictatorship of the proletariat; undermines

the socialist revolution and socialist construction; disrupts public

order; violates property owned by the whole people or collectively

owned by the working people; violates the citizens’ privately owned

lawful property or infringes upon the citizens’ rights of the person

and their democratic and other rights; and any other act that

endangers society and is punishable according to law. However, an act

that is clearly of minor importance and little harm shall not be

considered a crime.

Article 11. An intentional crime refers to a crime

committed by a person who clearly knows that his act will

produce socially dangerous consequences but who wishes or allows such

consequences to occur.

Criminal responsibility shall be borne for intentional crimes.

Article 12. A negligent crime refers to a crime committed by a

person who should have foreseen that his act would possibly

produce socially dangerous consequences but who fails to do so through

negligence or, having foreseen the consequences, readily believes

that they can be avoided, the result being that these consequences do

occur.

Criminal responsibility shall be borne for negligent crimes only

when the law so provides.

Article 13. If an act in fact results in harmful consequences

due to unavoidable or unforeseeable causes rather than intent or

negligence, it shall not be deemed a crime.

Article 14. Any person who has reached the age of 16 and who

commits a crime shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of 16

and who commits homicide, inflicting serious bodily injury,

robbery, arson, habitual theft or any other crime seriously

undermining social order shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of 18

and who commits a crime shall be given a lighter or mitigated

punishment.

If a person is not punished because he has not reached the age of

16, the head of his family or his guardian shall be ordered to

discipline and educate him. When necessary, he may also be taken in

by the government for re-education.

Article 15. If a mental patient causes dangerous consequences at

a time when he is unable to recognize or control his own conduct,

he shall not bear criminal responsibility, but his family members or

guardian shall be ordered to keep him under strict surveillance and

arrange for his medical treatment.

Any person whose mental illness is of an intermittent nature

shall bear criminal responsibility if he commits a crime when he is in

a normal mental state.

Any intoxicated person who commits a crime shall bear

criminal responsibility.

Article 16. Any deaf-mute or blind person who commits a crime

may be given a lighter or mitigated punishment or be exempted from

punishment.

Article 17. Criminal responsibility shall not be borne for an

act that a person undertakes in justifiable defence to avert an

immediate and unlawful infringement of the public interest or of

his own or another person’s rights of the person or other rights.



Criminal responsibility shall be borne if justifiable defence

exceeds the limits of necessity and causes undue harm; however,

consideration shall be given to a mitigated punishment or exemption

from punishment.

Article 18. Criminal responsibility shall not be borne for an

act that a person is compelled to commit in an emergency to

avert an immediate danger to the public interest or to his own or

another person’s rights of the person or other rights.



Criminal responsibility shall be borne if an act committed in an

emergency to avert danger exceeds the limits of necessity and

causes undue harm; however, consideration shall be given to a

mitigated punishment or exemption from punishment.



The provisions of the first paragraph of this Article with

respect to averting danger to oneself shall not apply to a person who

is charged with specific responsibility in his post or profession.

SECTION 2 PREPARATION FOR A CRIME, CRIMINAL ATTEMPT AND

DISCONTINUATION OF A CRIME

Article 19. Preparation for a crime refers to the preparation

of the instruments or the creation of the conditions for a crime.



An offender who prepares for a crime may, in comparison with

one who completed the crime, be given a lighter or mitigated

punishment or be exempted from punishment.

Article 20. A criminal attempt refers to a case where an

offender has already begun to commit a crime but is prevented from

completing it for reasons independent of his will.



An offender who attempts to commit a crime may, in comparison with

one who completed the crime, be given a lighter or mitigated punishment.

Article 21. Discontinuation of a crime refers to cases where,

in the process of committing a crime, the offender voluntarily

discontinues the crime or voluntarily and effectively prevents the

consequences of the crime from occurring.



An offender who discontinues a crime shall be exempted from

punishment or be given a mitigated punishment.

SECTION 3 JOINT CRIMES

Article 22. A joint crime refers to an intentional crime

committed by two or more persons jointly.



A negligent crime committed by two or more persons jointly shall

not be punished as a joint crime; those who should bear criminal

responsibility shall be individually punished according to the crimes

they have committed.

Article 23. A principal criminal refers to any person who

organizes and leads a criminal group in carrying out criminal

activities or plays a principal role in a joint crime.



A principal criminal shall be given a heavier punishment unless

otherwise stipulated in the Specific Provisions of this Law.

Article 24. An accomplice refers to any person who plays a

secondary or auxiliary role in a joint crime.



An accomplice shall, in comparison with a principal criminal, be

given a lighter or mitigated punishment or be exempted from punishment.

Article 25. A person who is compelled or induced to

participate in a crime shall, according to the circumstances of his

crime and in comparison with an accomplice, be given a mitigated

punishment or be exempted from punishment.

Article 26. A person who instigates others to commit a crime

shall be punished according to the role he has played in the joint

crime. Anyone who instigates a person under the age of 18 to commit a

crime shall be given a heavier punishment.



If the instigated person has not committed the instigated

crime, the instigator may be given a lighter or mitigated punishment.

CHAPTER III PUNISHMENTS

SECTION 1 TYPES OF PUNISHMENTS

Article 27. Punishments are divided into principal

punishments and supplementary punishments.

Article 28. The principal punishments are as follows:



(1) Public surveillance;



(2) Criminal detention;



(3) Fixed-term imprisonment;



(4) Life imprisonment; and



(5) The death penalty.

Article 29. The supplementary punishments are as follows:



(1) Fines;



(2) Deprivation of political rights; and



(3) Confiscation of property.



Supplementary punishments may be imposed independently.

Article 30. Deportation may be imposed independently or

supplementarily to a foreigner who commits a crime.

Article 31. If a victim has suffered economic losses as a

result of a crime, the criminal shall, in addition to receiving a

criminal sanction according to law, be sentenced to make compensation

for the economic losses in the light of the circumstances.

Article 32. If the circumstances of a person’s crime are minor

and do not require punishment, he may be exempted from criminal

sanctions; however, he may, according to the different

circumstances of each case, be reprimanded or ordered to make a

statement of repentance, offer an apology, pay compensation for the

losses or be subject to administrative sanctions by the competent

department.

SECTION 2 PUBLIC SURVEILLANCE

Article 33. The term of public surveillance shall not be

less than three months and not more than two years.



Public surveillance shall be decided by the judgment of a people’s

court and executed by a public security organ.

Article 34. A criminal who is sentenced to public

surveillance must observe the following rules during the term in

which his sentence is being executed:



(1) observe laws and decrees, submit to supervision by the

masses and actively participate in collective productive labour or work;



(2) report regularly on his own activities to the organ

executing the public surveillance; and



(3) report and obtain approval from the organ executing the

public surveillance for any change in residence or departure from the

area.



Criminals sentenced to public surveillance shall, while engaged in

labour, receive equal pay for equal work.

Article 35. Upon the expiration of a term of public

surveillance, the executing organ shall immediately announce the

termination of public surveillance to the criminal sentenced to

public surveillance and to the masses concerned.

Article 36. A term of public surveillance shall be counted

from the date the judgment begins to be executed; if the criminal is

held in custody before the execution of the judgment, each day

spent in custody shall be considered as two days of the term sentenced.

SECTION 3 CRIMINAL DETENTION

Article 37. A term of criminal detention shall not be less than

15 days and not more than 6 months.

Article 38. Where a criminal is sentenced to criminal

detention, his sentence shall be executed by the public security organ

in the vicinity.



During the period of execution, a criminal sentenced to criminal

detention may go home for one to two days each month; an appropriate

remuneration may be given to those who participate in labour.

Article 39. A term of criminal detention shall be counted from

the date the judgment begins to be executed; if the criminal is

held in custody before the execution of the judgment, each day

in custody shall be considered as one day of the term sentenced.

SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT

Article 40. A term of fixed-term imprisonment shall not be less

than 6 months and not more than 15 years.

Article 41. A criminal sentenced to fixed-term imprisonment

or life imprisonment shall serve his sentence in prison or another

place for reform through labour. Anyone who is able to work shall

undergo reform through

labour.

Article 42. A term of fixed-term imprisonment shall be counted

from the date the judgment begins to be executed; if the criminal is

held in custody before the execution of the judgment, each day

in custody shall be considered as one day of the term sentenced.

SECTION 5 THE DEATH PENALTY

Article 43. The death penalty shall only be applied to

criminals who have committed the most heinous crimes. If the

immediate execution of a criminal punishable be death is not deemed

necessary, a two-year suspension of execution may be pronounced

simultaneously with the imposition of the death sentence; the

criminal shall undergo reform through labour and the results shall be

observed.



All death sentences except for those that according to law

should be decided by the Supreme People’s Court, shall be submitted

to the Supreme People’s Court for approval. Death sentences with a

suspension of execution may be decided or approved by a higher people’s

court.

Article 44. The death penalty shall not be imposed on persons

who had not reached the age of 18 at the time the crime was

committed or to women who are pregnant at the time of trial. Persons

who had reached the age of 16 but not the age of 18 may be

sentenced to death with a two-year suspension of execution if the

crime committed was particularly serious.

Article 45. The death penalty shall be executed by means of

shooting.

Article 46. If a person sentenced to death with a

suspension of execution shows true repentence during the period

of suspension, his punishment shall be commuted to life

imprisonment upon the expiration of that two-year period; if he shows

true repentence and performs meritorious service, his punishment shall

be commuted to fixed-term imprisonment of not less than 15 years and

not more than 20 years upon the expiration of that two-year period;

if it is verified that he has resisted reform in a flagrant

manner, the death penalty shall be executed upon the order or

approval of the Supreme People’s Court.

Article 47. The term of suspension of execution of a death

penalty shall be counted from the date the judgment becomes final.

The term of a fixed-term imprisonment that is commuted from a

death penalty with suspension of execution shall be counted from

the date the commutation of sentence is ordered.

SECTION 6 FINES

Article 48. The amount of any fine imposed shall be

determined according to the circumstances of the crime.

Article 49. A fine may be paid in a lump sum or in installments

within the time limit specified in the judgment. If a fine is not

paid upon the expiration of that time limit, the payment shall be

compelled. If a person has true difficulties in paying because of

an unavoidable disaster, the fine may be reduced or remitted according

to the circumstances.

SECTION 7 DEPRIVATION OF POLITICAL RIGHTS

Article 50. Deprivation of political rights refers to

deprivation of the following rights:



(1) the right to vote and to stand for election;



(2) the right provided for in Article 45 of the Constitution;



(3) the right to hold a position in a state organ; and



(4) the right to hold a leading position in any enterprise,

institution or people’s organization.

Article 51. A term of deprivation of political rights shall not

be less than one year and not more than five years, except as

stipulated in Article 53 of this Law.



If a person sentenced to public surveillance is deprived of

political rights as a supplementary punishment, the term of

deprivation of political rights shall be the same as the term

of public surveillance, and the punishments shall be executed

simultaneously.

Article 52. Counterrevolutionaries shall be sentenced to

deprivation of political rights as a supplementary punishment; where

necessary, criminals who seriously undermine public order may also

be sentenced to deprivation of political rights as a supplementary

punishment.

Article 53. Criminals who are sentenced to death or to

life imprisonment shall be deprived of political rights for life.



If a death penalty with a suspension of execution is

commuted to a fixed-term imprisonment, or a life imprisonment is

commuted to a fixed-term imprisonment, the term of the

supplementary punishment of deprivation of political rights shall be

changed to not less than three years and not more than ten years.

Article 54. A term of deprivation of political rights

as a supplementary punishment shall be counted from the date

on which imprisonment or criminal detention ends or from the date

on which parole begins. Deprivation of political rights shall of

course be in effect during the period in which the principal punishment

is being executed.

SECTION 8 CONFISCATION OF PROPERTY

Article 55. Confiscation of property refers to the confiscation

of part or all of the property personally owned by a criminal.



When a sentence of confiscation of property is imposed, property

that the criminal’s family members own or should own shall not

be subject to confiscation.

Article 56. If it is necessary to use a confiscated property to

repay legitimate debts that the criminal incurred before his

property is sealed under court orders, a people’s court shall so

order it at the request of the creditors.

CHAPTER IV THE CONCRETE APPLICATION OF PUNISHMENTS

SECTION 1 SENTENCING

Article 57. When sentencing a criminal, a punishment shall be

imposed based on the facts, nature and circumstances of the crime,

the degree of harm done to society and the relevant provisions of this

Law.

Article 58. In cases where the circumstances of a crime call

for a heavier or a lighter punishment under the provisions of

this Law, the criminal shall be sentenced to a punishment within

the limits of the prescribed punishment.

Article 59. In cases where the circumstances of a crime call

for a mitigated punishment under the provisions of this Law, the

criminal shall be sentenced to a punishment less than the prescribed

punishment.



Even if the circumstances of a crime do not warrant a mitigated

punishment under the provisions of this Law, the criminal may, upon

decision of the judicial committee of a people’s court, be sentenced

to a punishment less than the prescribed punishment if, according to

the particulars of the case, even the minimum prescribed punishment

would be too severe.

Article 60. All property illegally obtained by a criminal

shall be recovered, or compensation shall be ordered. Contrabands and

possessions of the criminal that were used in the crime shall be

confiscated.

SECTION 2 RECIDIVISTS

Article 61. If a criminal commits another crime

punishable by fixed-term imprisonment or heavier penalty within three

years after serving his sentence of not less than fixed-term

imprisonment or receiving a pardon, he is a recidivist and shall be

given a heavier punishment. However, this shall not apply to cases of

negligent crime.



For criminals who are paroled, the period stipulated in the

preceding paragraph shall be counted from the date the parole expires.

Article 62. A counterrevolutionary who commits another

crime of counterrevolution at any time after serving his sentence

or receiving a pardon shall be dealt with as a recidivist.

SECTION 3 VOLUNTARY SURRENDER

Article 63. Anyone who voluntarily surrenders after committing a

crime may be given a lighter punishment. Those whose crimes are

relatively minor may be given a mitigated punishment or be exempted

from punishment; those whose crimes are relatively serious but

who have performed meritorious service may also be given a

mitigated punishment or be exempted from

punishment.

SECTION 4 COMBINED PUNISHMENT FOR SEVERAL CRIMES

Article 64. For a criminal who commits several crimes before a

judgment is pronounced, unless he is sentenced to death or life

imprisonment, his term of punishment shall be decided in such a way

that it may not exceed the total of the terms for all the crimes

and must be longer than the maximum term for any one of the crimes,

depending on the circumstances of each case. However, the term of

public surveillance may not exceed three years, the term of

criminal detention may not exceed one year, and fixed-term

imprisonment may not exceed twenty years.



If among the crimes there are any for which a supplementary

punishment if imposed, the supplementary punishment must still be

executed.

Article 65. If after a judgment has been pronounced but

before the punishment has been completely executed it is discovered

that before the judgment was pronounced the criminal committed

another crime for which he was not sentenced, a judgment shall

also be rendered for the newly discovered crime; the punishment

to be executed shall be determined on the basis of the punishment to

be executed shall be determined on the basis of the punishments

imposed in the former and latter judgments and according to the

provisions of Article 64 of this Law. Any portion of the term that has

already been served shall count towards fulfilment of the term

imposed by the latest judgment.

Article 66. If after a judgment has been pronounced but

before the punishment has been completely executed the criminal again

commits a crime, another judgment shall be rendered for the

newly committed crime; the punishment to be executed shall be

decided on the basis of the punishment that remains to be executed for

the former crime and the punishment imposed for the latter crime and

according to the provisions of Article 64 of this Law.

SECTION 5 SUSPENSION OF SENTENCE

Article 67. A suspension of sentence may be granted to a

criminal sentenced to criminal detention or to fixed-term

imprisonment of not more than three years if, according to the

circumstances of his crime and his demonstration of repentance, it

is considered that suspension of the sentence will not result in

further harm to society.



If a supplementary punishment has been imposed on a criminal whose

sentence has been suspended, the supplementary punishment must still be

executed.

Article 68. The probation period for suspension of criminal

detention shall be not less than the term originally decided and

not more than one year, but it may not be less than one month.



The probation period for suspension of fixed-term imprisonment shall

be not less than the term originally decided and not more than five

years, but it may not be less than one year.



The probation period for suspension of sentence shall be counted

from the date the judgment is made final.

Article 69. Suspension of sentence shall not be

applied to counterrevolutionary criminals or recidivists.

Article 70. A criminal whose sentence has been suspended

shall be turned over by the public security organ to the unit to which

he belongs or to a basic-level organization for observation during

the probation period for suspension. If he commits no further crime,

the punishment originally decided shall not be executed upon the

expiration of the probation period for suspension; if he does

commit further crime, the suspension shall be revoked and the

punishment to be executed shall be decided on the basis of the

punishments for the former and latter crimes and according to the

provisions of Article 64 of this Law.

SECTION 6 COMMUTATION OF PUNISHMENT

Article 71. A criminal sentenced to public surveillance,

criminal detention, fixed-term imprisonment or life imprisonment

may have his punishment commuted if he shows true repentance or

performs meritorious service while serving his sentence. However, after

one or more commutations, the term of punishment actually to be

served by those sentenced to public surveillance, criminal detention

or fixed-term imprisonment may not be less than half of the term

originally decided; for those sentenced to life imprisonment, it may

not be less than ten years.

Article 72. A term of fixed-term imprisonment that is commuted

from a life imprisonment shall be counted from the date the order of

commutation is issued.

SECTION 7 PAROLE

Article 73. Criminals sentenced to fixed-term imprisonment

who have served more than half of the term of their original

sentence or criminals sentenced to life imprisonment who have served

not less than ten years of their term may be granted parole if they

show true repentance and will no longer cause harm to society. If

special circumstances exist, the above restrictions relating to the

term served may be disregarded.

Article 74. The probation period for parole in the case of a

fixed-term imprisonment shall be equal to the portion of the term

that has not been completed; the probation period fro parole in the

case of life imprisonment shall be ten years.



The probation period for parole shall be counted from the date the

criminal is released on parole.

Article 75. A criminal who is granted parole shall be

subject to supervision by a public security organ during the

probation period for parole. If he commits no further crime during

that period, the punishment to which he was originally sentenced

shall be considered to have been completely executed; if he does

commit further crime, the parole shall be revoked and the punishment

to be executed shall be decided on the basis of the unexecuted

punishment of the former crime and the punishment imposed for the

latter crime and according to the provisions of Article 64 of this Law.

SECTION 8 IMITATION

Article 76. Crimes shall not be prosecuted if the following

periods have elapsed:



(1) five years, when the maximum prescribed punishment is

fixed-term imprisonment of less than five years;



(2) ten years, when the maximum prescribed punishment is

fixed-term imprisonment of not less than five years but less than ten

years;



(3) fifteen years, when the maximum prescribed punishment is

fixed-term imprisonment of not less than ten years; and



(4) Twenty years, when the maximum prescribed punishment is

life imprisonment or death. If after twenty years it is considered

that a crime must be prosecuted, the matter must be submitted to

the Supreme People’s Procuratorate for approval.

Article 77. No limitation on the period for prosecution

shall be imposed with respect to criminals who escape from

investigation or trial after compulsory measures have been adopted

by a people’s court, people’s procuratorate or public security organ.

Article 78. The limitation period for prosecution shall be

counted from the date of the crime; if the criminal act is of a

continual or continuous nature, it shall be counted from the date the

criminal act is terminated.



If further crime is committed during a limitation period for

prosecution, the limitation period for prosecution of the former

crime shall be counted from the date the latter crime is committed.

CHAPTER V OTHER REVISIONS

Article 79. Crime that are not expressly defined in the

Specific Provisions of this Law may be determined and punished

in according to whichever article in the Specific Provisions of

this Law that covers the most closely analogous crime, but the

judgment shall be submitted to the Supreme People’s Court for approval.

Article 80. Where the provisions of this Law cannot be

completely applied in national autonomous areas, the organs of

state power of those autonomous regions or the provinces concerned

may formulate adoptive or supplementary provisions based on the

political, economic and cultural characteristics of the local

nationalities and the basic principles stipulated in this Law,

and these provisions shall go into effect after they have been

submitted to and approved by the Standing Committee of the National

People’s Congress.

Article 81. "Public property" as mentioned in this Law refers

to the following:



(1) property owned by the whole people; and



(2) property owned collectively by working people.



Private property that is being managed, used or transported by the

state, people’s communes, cooperatives, joint ventures and people’s

organizations shall be treated as public property.

Article 82. "Citizens’ privately owned lawful property" as

mentioned in this Law refers to the following:



(1) Citizens’ lawfully earned income, savings, houses and other

means of livelihood; and



(2) Any means of production such as plots of land, livestock and

trees that are under individual or family ownership or use according to

law.

Article 83. "State functionaries" as mentioned in this Law

refers to all personnel of state organs, enterprises and

institutions and other personnel who are engaged in public service

according to law.

Article 84. "Judicial functionaries" as mentioned in this Law

refers to personnel who have the functions of investigation and

interrogation, prosecution, adjudication and supervision and management

of criminals.

Article 85. "Serious injuries" as mentioned in this Law refers

to any of the following:



(1) injuries resulting in loss of a person’s use of a limb

or in disfigurement;



(2) injuries resulting in loss of a person’s hearing, sight or the

function of any other organ; and



(3) other injuries that cause grave harm to a person’s physical health.

Article 86. "Ringleader" as mentioned in this Law refers

to any criminal who has the role of organizing, planning or

directing a criminal group or a crowd assembled to commit a crime.

Article 87. "To be handled only upon complaint" as mentioned

in this Law means that a case shall only be handled if the

victim brings a complaint. If the victim is unable to bring a

complaint because of coercion or intimidation, a people’s

procuratorate or a close relative of the victim may bring his complaint.

Article 88. "Not less than", "not more than" and "within" as

mentioned in this Law all include the given figure.

Article 89. The General Provisions of this Law are applicable to

other laws and decrees with provisions for criminal punishments,

unless otherwise provided in other laws.



PART TWO SPECIFIC PROVISIONS

CHAPTER I CRIMES OF COUNTERREVOLUTION



　Article 90. A "crime of counterrevolution" refers to any act

that is committed with the aim of overthrowing the political

power of the dictatorship of the proletariat and the socialist

system and endangers the People’s Republic of China.



　Article 91. Whoever colludes with a foreign state in

plotting to jeopardize the sovereignty, territorial integrity and

security of China shall be sentenced to life imprisonment or

fixed-term imprisonment of not less than ten years.



　Article 92. Whoever plots to subvert the government or

dismember the state shall be sentenced to life imprisonment or

fixed-term imprisonment of not less than ten years.



　Article 93. Whoever instigates, lures or bribes a state

functionary or a member of the armed forces, the people’s police or

the people’s militia to defect to the enemy and turn traitor or to

rise in rebellion shall be sentenced to life imprisonment or

fixed-term imprisonment of not less than ten years.



　Article 94. Whoever defects to the enemy and turns traitor

shall be sentenced to fixed-term imprisonment of not less than three

years and not more than ten years; if the circumstances are serious

or the case concerns the leading of a group defection and

betrayal, the offender shall be sentenced to fixed-term

imprisonment of not less than ten years or life imprisonment.



Whoever leads members of the armed forces, the people’s police

or the people’s militia to defect to the enemy and turn traitor shall

be sentenced to life imprisonment or fixed-term imprisonment of not

less than ten years.



　Article 95. Ringleaders of an armed mass rebellion or others

whose criminal involvements are very serious shall be

sentenced to life imprisonment or fixed-term imprisonment of not

more than ten years; other active participants shall be sentenced

to fixed-term imprisonment of not less than three years and not more

than ten years.



　Article 96. Ringleaders who gather a group to raid a prison or

organize a jailbreak or others whose criminal involvements are very

serious shall be sentenced to life imprisonment or fixed-term

imprisonment of not less than ten years; other active participants

shall be sentenced to fixed-term imprisonment of not less than three

years and not more than ten years.



　Article 97. Whoever commits any of the following acts of

espionage or aiding the enemy shall be sentenced to fixed-term

imprisonment of not less than ten years or life imprisonment or, if

the circumstances are relatively minor, to fixed-term imprisonment of

not less than three years and not more than ten years:



(1) Stealing, secretly gathering or supplying intelligence for the

enemy;



(2) Supplying arms and ammunition or other military materials to the

enemy; or



(3) Joining a secret service or espionage organization or

accepting a mission assigned by the enemy.



　Article 98. Whoever organizes or leads a counterrevolutionary

group shall be sentenced to fixed-term imprisonment of not less than

five years; others who actively participate in a

counterrevolutionary group shall be sentenced to fixed-term

imprisonment of not more than five years, criminal detention, public

surveillance or deprivation of political rights.



　Article 99. Whoever organizes or uses feudal

superstition, superstitious sects or secret societies to carry on

counterrevolutionary activities shall be sentenced to fixed-term

imprisonment of not less than five years; if the circumstances are

relatively minor, the offender shall be sentenced to fixed-term

imprisonment of not more than five years, criminal detention,

public surveillance or deprivation of political rights.



　Article 100. Whoever, for the purpose of counterrevolution,

carries on any of the following acts of sabotage shall be

sentenced to life imprisonment or fixed-term imprisonment of not

less than ten years or, if the circumstances are relatively minor,

to fixed-term imprisonment of not less than three years and not more

than ten years:



(1) causing explosions, setting fires, breaching dikes and using

technical or other means to sabotage military equipment,

production facilities, communications or transportation

equipment, construction projects dangerprevention equipment or

other public structures or public property;



(2) stealing state records or military materials or plundering

industrial or mining enterprises, banks, shops, warehouses or other

public property;



(3) hijacking ships, naval vessels, aircraft, trains, trams or

motor vehicles;



(4) directing the enemy to any bombing or shelling target; and



(5) manufacturing, forcibly seizing or stealing guns or ammunition.



　Article 101. Whoever, for the purpose of counterrevolution,

spreads poisons, disseminates germs or kills or injures people by

other means shall be sentenced to life imprisonment or fixed-term

imprisonment of not less than ten years; if the circumstances are

relatively minor, the offender shall be sentenced to fixed-term

imprisonment of not less than three years and not more than ten years.



　Article 102. Whoever, for the purpose of counterrevolution,

commits any of the following acts shall be sentenced to fixed-term

imprisonment of not more than five years, criminal detention,

public surveillance or deprivation of political rights, and

ringleaders or others whose crimes are very serious shall be sentenced

to fixed-term imprisonment of not less than five years:



(1) inciting the masses to resist or sabotage the implementation

of the state’s laws or decrees; or



(2) propagandizing for and inciting the overthrow of the political

power of the dictatorship of the proletariat and the socialist

system, through counterrevolutionary slogans, leaflets or by other

means.



　Article 103. If any crime of counterrevolution mentioned above

in this Chapter, except those mentioned in Articles 98, 99 and

102, causes especially serious harm to the state and the people and

the circumstances are especially flagrant, the death penalty may be

imposed.



　Article 104. Whoever commits any of the crimes mentioned

in this Chapter may concurrently be sentenced to confiscation of

property.

CHAPTER II CRIMES OF ENDANGERING PUBLIC SECURITY

Article 105. Whoever sets fires, breaches dikes, causes

explosions or uses other dangerous means to sabotage factories,

mines, oilfields, harbours, rivers, water sources, warehouses,

dwellings, forests, farms, threshing grounds, pastures, important

pipelines, public buildings or other public or private property and

thereby endangers public security, if serious consequences have

not yet resulted, shall be sentenced to fixed-term imprisonment

of not less than three years and not more than ten years.

Article 106. Whoever sets fires, breaches dikes, causes

explosions, spreads poisons or uses other dangerous techniques

resulting in serious human injure or death or great loss of public or

private property shall be sentenced to fixed-term imprisonment of

not less than ten years, life imprisonment or death.



Whoever negligently commits the crime mentioned in the preceding

paragraph shall be sentenced to fixed-term imprisonment of not more

than seven years or criminal detention.

Article 107. Whoever sabotages trains, motor vehicles, trams,

ships or aircraft in a manner that is sufficient to put trains,

motor vehicles, trams, ships or aircraft in danger of overturning

or being destroyed, if serious consequences have not yet

resulted, shall be sentenced to fixed-term imprisonment of not

less than three years and not more than ten years.

Article 108. Whoever sabotages railroads, bridges, tunnels,

highways, airports, waterways, lighthouses or signs or conducts

other damaging activities in a manner that is sufficient to put

trains, motor vehicles, trams, ships or aircraft in danger of

overturning or being destroyed, if serious consequences have not

yet resulted, shall be sentenced to fixed-term imprisonment of

not less than three years and not more than ten years.

Article 109. Whoever sabotages electric power or gas

facilities or other inflammable or explosive equipment and

thereby endangers public security, if serious consequences have not

yet resulted, shall be sentenced to fixed-term imprisonment of not

less than three years and not more than ten years.

Article 110. Whoever sabotages a means of transport,

transportation facilities, electric power or gas facilities, or

inflammable or explosive equipment and thereby causes serious

consequences shall be sentenced to fixed-term imprisonment of not

less than ten years, life imprisonment or death.



Whoever negligently commits the crime mentioned in the preceding

paragraph shall be sentenced to fixed-term imprisonment of not more

than seven years or criminal detention.

Article 111. Whoever sabotages broadcasting stations or

telegraph, telephone or other communications equipment and thereby

endangers public security shall be sentenced to fixed-term

imprisonment of not more than seven years or criminal detention; if

serious consequences have resulted, the offender shall be sentenced to

fixed-term imprisonment of not less than seven years.



Whoever negligently commits the crime mentioned in the preceding

paragraph shall be sentenced to fixed-term imprisonment of not more

than seven years or criminal detention.

Article 112. Whoever illegally manufactures, trades in or

transports guns or ammunition or steals or forcibly seizes the guns

or ammunition of state organs, members of the armed forces, the

police or the people’s militia shall be sentenced to fixed-term

imprisonment of not more than seven years; if the circumstances

are serious, the offender shall be sentenced to fixed-term

imprisonment of not less than seven years or life imprisonment.

Article 113. If a person engaged in communications or

transportation violates the rules and regulations and thereby

causes a serious accident resulting in serious bodily injury or death

or serious losses to public or private property, he shall be

sentenced to fixed-term imprisonment of not more than three years

or criminal detention; if the circumstances are especially flagrant,

he shall be sentenced to fixed-term imprisonment of not less than

three years and not more than seven years.



Persons not engaged in communications or transportation who commit a

crime mentioned in the preceding paragraph shall be punished in

accordance with the provisions of the preceding paragraph.

Article 114. If any staff member or worker of a factory, mine,

forestry centre, construction enterprise or other enterprise or

institution disobeys management and violates the rules and regulations

or forces workers to work in a hazardous way in violation of the

rules and thereby causes a serious accident involving injury or

death and serious consequences, he shall be sentenced to fixed-term

imprisonment of not more than three years or criminal detention;

if the circumstances are especially flagrant, he shall be sentenced

to fixed-term imprisonment of not less than three years and not more

than seven years.

Article 115. If anyone violates the regulations on the

control of explosive, inflammable, radioactive, poisonous or

corrosive materials and thereby causes a serious accident

during the production, storage, transportation or use of those

materials, and serious consequences result, he shall be sentenced

to fixed-term imprisonment of not more than three years or criminal

detention; if the consequences are especially serious, he shall be

sentenced to fixed-term imprisonment of not less than three years and

not more than seven years.

CHAPTER III CRIMES OF UNDERMINING THE SOCIALIST ECONOMIC ORDER

Article 116. Whoever engages in smuggling in violation of the

Custom Law and relevant regulations, if the circumstances are

serious, shall, in addition to confiscation of the smuggled articles

and possible imposition of a fine in accordance with the Customs Law

and relevant regulations, be sentenced to fixed-term imprisonment

of not more than three years or criminal detention, and may

concurrently be sentenced to confiscation of property.

Article 117. Whoever engages in speculation in violation of

the laws and regulations on the control of monetary affairs, foreign

exchange, gold and silver, or on the administration of industrial and

commercial affairs, if the circumstances are serious, shall be

sentenced to fixed-term imprisonment of not more than three years

or criminal detention, or he may concurrently or exclusively be

sentenced to a fine or confiscation or property.

Article 118. Whoever makes a regular business of smuggling or

illicit speculation, smuggles or speculates in huge amounts or is the

ringleader of a group that smuggles or engages in illicit speculation

shall be sentenced to fixed-term imprisonment of not less than three

years and not more than ten years, and may concurrently be sentenced to

confiscation of property.

Article 119. Any state functionary who takes advantage of his

office to commit the crime of smuggling or speculation shall be

given a heavier punishment.

Article 120. Whoever, for the purpose of profit,

counterfeits or resells ration coupons, if the circumstances are

serious, shall be sentenced to fixed-term imprisonment of not

more than three years or criminal detention, or he may concurrently

or exclusively be sentenced to a fine or confiscation of property.



Ringleaders of a crime mentioned in the preceding paragraph and

other offenders in particularly serious cases of such crime shall be

sentenced to fixed-term imprisonment of not less than three years

and not more than seven years, and may concurrently be sentenced to

confiscation of property.

Article 121. In cases of tax evasion or refusal to pay

taxes in violation of tax laws and regulations, if the

circumstances are serious, the taxpayer shall be ordered to pay

the tax due and may be fined in accordance with the tax laws

and regulations; the person directly responsible shall also be

sentenced to fixed-term imprisonment of not more than three years or

criminal detention.

Article 122. Whoever counterfeits national currency or

traffics in counterfeited national currency shall be

sentenced to fixed-term imprisonment of not less than three years

and not more than seven years and may concurrently be sentenced to a

fine or confiscation of property.



Ringleaders of the crime mentioned in the preceding paragraph and

other offenders in particularly serious cases of such crime shall be

sentenced to fixed-term imprisonment of not less than seven years or

life imprisonment and may concurrently be sentenced to confiscation of

property.

Article 123. Whoever counterfeits cheques, shares certificates or

other valuable securities shall be sentenced to fixed-term

imprisonment of not more than seven years and may concurrently be

sentenced to a fine.

Article 124. Whoever, for the purpose of profit, counterfeits

tickets for vehicles or ships, postage stamps, tax stamps or

invoices shall be sentenced to fixed-term imprisonment of not more

than two years, criminal detention or a fine; if the

circumstances are serious, he shall be sentenced to fixed-term

imprisonment of not less than two years and not more than seven years

and may concurrently be sentenced to a fine.

Article 125. If anyone for purpose of retaliation or from

spite or other personal motives destroys machinery or equipment,

cruelly injures or slaughters draught animals or uses other means

to sabotage collective production, he shall be sentenced to

fixed-term imprisonment of not more than two years or criminal

detention; if the circumstances are serious, he shall be sentenced

to fixed-term imprisonment of not less than two years and not more

than seven years.

Article 126. In cases of misappropriation of state funds and

materials that are allocated for disaster relief, emergencies, flood

control, case to disabled servicemen and families of revolutionary

martyrs and serviceman, and social relief, if the circumstances are

serious and major harm of the interests of the state and the

people has resulted, the person directly responsible shall be

sentenced to fixed-term imprisonment of not more than three years or

criminal detention; if the circumstances are especially serious, he

shall be sentenced to fixed-term imprisonment of not less than three

years and not more than seven years.



Article 127. Where an industrial or commercial enterprise

violates the laws and regulations on trademark administration and

counterfeits the registered trademark of another enterprise, the

person directly responsible shall be sentenced to fixed-term

imprisonment of not more than three years, criminal detention or a fine.



Article 128. Whoever illegally cuts down trees or denudes

forests or other woodlands in violation of the laws and

regulations on forestry protection, if the circumstances are

serious, shall be sentenced to fixed-term imprisonment of not

more than three years or criminal detention and may concurrently or

exclusively be sentenced to a fine.



Article 129. Whoever, in violation of the laws and 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, if the circumstances are serious, shall be sentenced to

fixed-term imprisonment of not more than two years, criminal detention

or a fine.



Article 130. Whoever, in violation of game laws and regulations,

hunts in a game reserve, during a period when hunting is

prohibited or using implements or methods that are prohibited,

thereby damaging rare birds, beasts or other wild animal resources,

if the circumstances are serious, shall be sentenced to fixed-term

imprisonment of not more than two years, criminal detention or a fine.

CHAPTER IV CRIMES OF INFRINGING UPON THE RIGHTS OF THE PERSON

AND THE DEMOCRATIC RIGHTS OF CITIZENS

Article 131. The rights of the person, democratic rights and

other rights of citizens shall be protected from unlawful

infringement by any person or organization. If the circumstances of

unlawful infringement are serious, those directly responsible shall be

given criminal sanctions.

Article 132. Whoever intentionally commits homicide shall be

sentenced to death, life imprisonment or fixed-term imprisonment of

not less than ten years; if the circumstances are relatively minor,

the offender shall be sentenced to fixed-term imprisonment of not

less than three years and not more than ten years.

Article 133. Whoever negligently kills another shall be

sentenced to fixed-term imprisonment of not more than five years; if

the circumstances are especially flagrant, the offender shall be

sentenced to fixed-term imprisonment of not less than five years.

Where this Law has other provisions, such provisions shall prevail.

Article 134. Whoever intentionally inflicts bodily injury upon

another person shall be sentenced to fixed-term imprisonment of not

more than three years or criminal detention.



Whoever, by committing the crime mentioned in the preceding

paragraph, causes severe bodily injury to another person shall

be sentenced to fixed-term imprisonment of not less than three

years and not more than seven years; if he causes a person’s

death, he shall be sentenced to fixed-term imprisonment of not less

than seven years or life imprisonment. Where this Law has other

provisions, such provisions shall prevail.

Article 135. Whoever negligently injures another person and

causes him severe bodily injury shall be sentenced to fixed-term

imprisonment of not more than two years or criminal dentention;

if the circumstances are especially flagrant, the offender shall

be sentenced to fixed-term imprisonment of not less than two

years and not more than seven years. Where this Law has other

provisions, such provisions shall prevail.

Article 136. It shall be strictly forbidden to extort a

confession by torture. Any state functionary who extorts a confession

by torture shall be sentenced to fixed-term imprisonment of not

more than three years or criminal detention. Whoever causes injury

or disability to a person through corporal punishment shall be

charged with the crime of injury and given a heavier punishment.

Article 137. It shall be strictly forbidden to gather a

crowd for "beating, smashing and looting. " Whoever causes a

person’s injury, disability or death through "beating, smashing

and looting" shall be punished for the crime of injury or

homicide. If articles of public or private property are destroyed or

forcibly taken, the ringleaders shall be punished for the crime of

robbery, in addition to being ordered to provide restitution or

compensation.



Whoever commits the crime mentioned in the preceding paragraph

may be sentenced exclusively to deprivation of political rights.

Article 138. It shall be strictly forbidden to use any method or

means to implicate cadres or the people on false charges. Whoever

fabricates facts to implicate another person (including a criminal)

on false charges shall be given a criminal sanction in the

light of the nature, circumstances, consequences and sentencing

standards of the crime that he falsely accused the other person of

committing. A state functionary who commits the crime of false

accusation shall be given a heavier punishment.



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 paragraph shall not apply.

Article 139. Whoever rapes a woman by force, threat or other

means shall be sentenced to fixed-term imprisonment of not less than

three years and not more than ten years.



Whoever has sexual relations with a girl under the age of 14

shall be deemed to have committed rape and shall be given a heavier

punishment.



If the circumstances of a crime mentioned in the preceding two

paragraphs are especially serious or a person’s serious bodily

injury or death has been caused, the offender shall be sentenced to

fixed-term imprisonment of not less than ten years, life imprisonment

or death.



If two or more persons commit rape and violate the same

victim in succession, they shall be given a heavier punishment.

Article 140. Whoever forces a woman to engage in prostitution

shall be sentenced to fixed-term imprisonment of not less than three

years and not more than ten years.

Article 141. Whoever abducts and traffics in human beings

shall be sentenced to fixed-term imprisonment of not more than five

years; if the circumstances are serious, the offender shall be

sentenced to fixed-term imprisonment of not less than five years.

Article 142. Whoever violates the stipulations of the electoral

law and by violence, threat, deception, bribery or other unlawful

means sabotages elections or obstructs the electorate in its free

exercise of the right to vote and to stand for election shall

be sentenced to fixed-term imprisonment of not more than three years

or criminal detention.

Article 143. The unlawful detention of another person or the

unlawful deprivation of his personal freedom by any other means

shall be strictly prohibited. A violator shall be sentenced to

fixed-term imprisonment of not more than three years, criminal

detention or deprivation of political rights. In circumstances

where battery or humiliation has occurred, the violator shall be

given a heavier punishment.



Whoever commits the crime mentioned in the preceding paragraph and

causes serious bodily injury shall be sentenced to fixed-term

imprisonment of not less than three years and not more than ten

years; if he causes a person’s death, he shall be sentenced to

fixed-term imprisonment of not less than seven years.

Article 144. Whoever unlawfully subjects another person to

public surveillance, unlawfully subjects another person to a body

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.

Article 145. Whoever, by violence or other methods, including

the use of "big character posters" and "small character posters, "

publicly insults another person or fabricates facts to defame him, if

the circumstances are serious, shall be sentenced to fixed-term

imprisonment of not more than three years, criminal detention or

deprivation of political rights.



The crime mentioned in the preceding paragraph shall be handled

only upon complaint, except where serious harm has been done to the

public order and to the interests of the state.



Article 146. Any state functionary who abuses his power,

using his public office for private gain, in order to retaliate

against or frame complainants, petitioners or critics or incriminate

them on false charges shall be sentenced to fixed-term imprisonment of

not more than two years or criminal detention; if the circumstances

are serious, he shall be sentenced to fixed-term imprisonment of

not less than two years and not more than seven years.



Article 147. Any state functionary who unlawfully deprives

citizens of their legitimate freedom of religious belief and infringes

upon the customs and habits of minority nationalities, if the

circumstances are serious, shall be sentenced to fixed-term

imprisonment of not more than two years or criminal detention.



Article 148. If, during an investigation or trial, any witness,

expert witness, recorder or interpreter intentionally gives false

evidence or makes a false expert evaluation, record or

translation concerning circumstances that bear an important relation

to a case, in order to frame another person or conceal criminal

evidence, he shall be sentenced to fixed-term imprisonment of not

more than two years or criminal detention; if the circumstances are

serious, he shall be sentenced to fixed term imprisonment of not

less than two years and not more than seven years.



Article 149. Whoever conceals, destroys or unlawfully opens

another person’s letters, infringing upon the citizen’s right to

freedom of correspondence, if the circumstances are serious,

shall be sentenced to fixed-term imprisonment of not more than one year

or criminal detention.

CHAPTER V CRIMES OF PROPERTY VIOLATION

Article 150. Whoever takes public or private property by force,

threat or other methods shall be sentenced to fixed-term imprisonment

of not less than three years and not more than ten years.



If the circumstances of the crime mentioned in the preceding

paragraph are serious or grievous bodily injury or death has been

caused, the offender shall be sentenced to fixed-term imprisonment

of not less than ten years, life imprisonment or death and may

concurrently be sentenced to confiscation of property.

Article 151. Whoever steals, swindles or forcibly seizes a

relatively large amount of public or private property shall be

sentenced to fixed-term imprisonment of not more than five years,

criminal detention or public surveillance.

Article 152. A habitual thief or habitual swindler or anyone who

steals, swindles or forcibly seizes a huge amount of public or

private property shall be sentenced to fixed-term imprisonment of

not less than five years and not more than ten years; if the

circumstances are especially serious, he shall be sentenced to

fixed-term imprisonment of not less than ten years or life

imprisonment, and may concurrently be sentenced to confiscation of

property.

Article 153. If anyone commits a crime of theft, fraud or

forcible seizure and uses or threatens to use violence on the

spot in order to conceal booty, resist arrest or destroy criminal

evidence, he shall be punished in accordance with Article 150 of this

Law on the crime of robbery.

Article 154. Whoever extorts money or other public or private

property by blackmail shall be sentenced to fixed-term imprisonment of

not more than three years or criminal detention; if the

circumstances are serious, the offender shall be sentenced to

fixed-term imprisonment of not less than three years and not more than

seven years.

Article 155. Any state functionary who takes advantage of his

office to embezzle public property shall be sentenced to fixed-term

imprisonment of not more than five years or criminal detention; if

the amount involved is huge and the circumstances are serious, he

shall be sentenced to fixed-term imprisonment of not less than

five years; if the circumstances and especially serious, he shall

be sentenced to life imprisonment or death.



For the crime mentioned in the preceding paragraph, the offender

shall be sentenced concurrently to confiscation of property or

ordered to make restitution or compensation.



If any person entrusted by state organs, enterprises,

institutions or people’s organizations to perform public duties

commits the crime mentioned in the first paragraph of this Article,

he shall be punished in accordance with the provisions of the two

preceding paragraphs.

Article 156. Whoever intentionally destroys public or private

property, if the circumstances are serious, shall be sentenced

to fixed-term imprisonment of not more than three years, criminal

detention or a fine.

CHAPTER VI CRIMES OF OBSTRUCTING THE ADMINISTRATION OF PUBLIC ORDER

Article 157. Whoever by means of force or threat obstructs a

state functionary from carrying out his functions according to law or

refuses to carry out legally effective judgments or orders of people’s

courts shall be sentenced to fixed-term imprisonment of not more than

three years, criminal detention, a fine or deprivation of political

rights.

Article 158. It shall be prohibited for anyone to disturb public

order by any means. If the circumstances of the public disturbance are

so serious that work, production, business, education or scientific

research cannot be conducted and the state and society suffer serious

losses, the ringleaders shall be sentenced to fixed-term imprisonment

of not more than five years, criminal dentention, public surveillance

or deprivation of political rights.

Article 159. Where an assembled crowd disturbs order at

stations, wharves, civil airports, marketplaces, public parks,

theatres, cinemas, exhibition halls, sports grounds or other public

places, or an assembled crowd blocks traffic or undermines traffic

order or resists or obstructs public security administration

personnel of the state from carrying out their duties according to

law, if the circumstances are serious, the ringleaders shall be

sentenced to fixed-term imprisonment of not more than five years,

criminal detention, public surveillance or deprivation of

political rights.

Article 160. Where an assembled crowd engages in affrays,

creates disturbances, humiliates women or engages in other hooligan

activities that undermine public order, if the circumstances are

flagrant, the offenders shall be sentenced to fixed-term imprisonment

of not more than seven years, criminal detention or public surveillance.



Ringleaders of hooligan groups shall be sentenced to

fixed-term imprisonment of not less than seven years.

Article 161. If a criminal escapes after being arrested or

held in custody according to law, in addition to being sentenced for

the crime he originally committed or being made to serve the

term to which he was originally sentenced, he shall be

additionally sentenced to fixed-term imprisonment of not more than

five years or criminal detention.



Whoever commits the crime mentioned in the preceding paragraph by

means of force or threats shall be sentenced to fixed-term

imprisonment of not less than two years and not more than seven years.

Article 162. Whoever harbours counterrevolutionaries or giver

false evidence to protect them shall be sentenced to fixed-term

imprisonment of not more than three years, criminal detention or

public surveillance; if the circumstances are serious, the

offender shall be sentenced to fixed-term imprisonment of not

less than three years and not more than ten years.



Whoever harbours other criminals or gives false evidence to

protect them shall be sentenced to fixed-term imprisonment of not

more than two years, criminal detention or public surveillance; if the

circumstances are serious, the offender shall be sentenced to

fixed-term imprisonment of not less than two years and not more than

seven years.



Conspirators to a crime mentioned in the two preceding paragraphs

shall be punished as for a joint crime.

Article 163. Whoever, in violation of firearm control

regulations, secretly keeps firearms or ammunition and refuses to

relinquish them shall be sentenced to fixed-term imprisonment of

not more than two years or criminal detention.



Article 164. Whoever manufactures or sells bogus medicines for

profit and thereby harms the people’s health shall be sentenced

to fixed-term imprisonment of not more than two years, criminal

detention or public surveillance, or he may concurrently or

exclusively be sentenced to a fine; if serious consequences have

resulted, he shall be sentenced to fixed-term imprisonment of not

less than two years and not more than seven years and may concurrently

be sentenced to a fine.



Article 165. Any practitioner of sorcerery or witchcraft who

takes advantage of superstition to spread rumour or swindle

money or other property shall be sentenced to fixed-term imprisonment

of not more than two years, criminal detention or public

surveillance; if the circumstances are serious, the offender shall be

sentenced to fixed-term imprisonment of not less than two years and not

more than ten years.



Article 166. Any practitioner of state functionary in order to

practise fraud shall be sentenced to fixed-term imprisonment of not

more than three years, criminal detention, public surveillance or

deprivation of political rights; if the circumstances are serious,

he shall be sentenced to fixed-term imprisonment of not less than

three years and not more than ten years.



Article 167. Whoever forges, alters, steals, forcibly

seizes or destroys the official documents, certificates or seals

of state organs, enterprises, institutions or people’s organizations

shall be sentenced to fixed-term imprisonment of not more than three

years, criminal detention, public surveillance or deprivation

of political rights; if the circumstances are serious, he shall

be sentenced to fixed-term imprisonment of not less than three years

and not more than ten years.



Article 168. Whoever, for the purpose of profit, assembles a

crowd to engage in gambling or makes gambling his profession shall

be sentenced to fixed-term imprisonment of not more than three years,

criminal detention or public surveillance and may concurrently be

sentenced to a fine.



Article 169. Whoever, for the purpose of profit, lures

women into prostitution or shelters them in prostitution shall

be sentenced to fixed-term imprisonment of not more than five years,

criminal detention or public surveillance; if the circumstances are

serious, the offender shall be sentenced to fixed-term imprisonment of

not less than five years and may concurrently be sentenced to a fine or

confiscation of property.



Article 170. Whoever, for the purpose of profit, produces or

sells pornographic books or pictures shall be sentenced to

fixed-term imprisonment of not more than three years, criminal

detention or public surveillance and may concurrently be sentenced to a

fine.



Article 171. Whoever manufactures, sells or transports opium,

heroin, morphine or other narcotic drugs shall be sentenced

to fixed-term imprisonment of not more than five years or

criminal detention and may concurrently be sentenced to a fine.



Whoever manufactures, sells or transports the narcotic drugs

mentioned in the preceding paragraph continually or in large

quantities shall be sentenced to fixed-term imprisonment of not

less than five years, and may concurrently be sentenced to confiscation

of property.



Article 172. Whoever conceals goods that he clearly knows were

obtained by a criminal act or acts as a sales agent for them shall

be sentenced to fixed-term imprisonment of not more than three years,

criminal detention or public surveillance, or he may concurrently or

exclusively be sentenced to a fine.



Article 173. Whoever, in violation of the laws and

regulations on protection of cultural relics, secretly transports

precious cultural relics for export shall be sentenced to fixed-term

imprisonment of not less than three years and not more than ten years,

and may concurrently be sentenced to a fine; if the circumstances

are serious, the offender 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.



Article 174. Whoever intentionally damages precious cultural

relics, historic sites or scenic spots protected by the state shall be

sentenced to fixed-term imprisonment of not more than seven years or

criminal detention.



Article 175. Whoever intentionally damages the boundary

tablets, boundary markets or permanent survey indicators along the

national border shall be sentenced to fixed-term imprisonment of not

more than three years or criminal detention.



Any act committed for the purpose of treason shall be punished as a

crime of counterrevolution.



Article 176. Whoever, in violation of the exit and entry

regulations, secretly crosses the national boundary (borderline), if

the circumstances are serious, shall be sentenced to fixed-term

imprisonment of not more than one year, criminal detention or public

surveillance.



Article 177. Whoever, for the purpose of profit,

organizes or transports another person to secretly cross the

national boundary (borderline) shall be sentenced to fixed-term

imprisonment of not more than five years, criminal detention or

public surveillance and may concurrently be sentenced to a fine.



Article 178. Whoever violates the national border health and

quarantine regulations and causes the spread of quarantinable

infectious diseases or causes a serious danger of such diseases

spreading shall be sentenced to fixed-term imprisonment of not more

than three years or criminal detention, or he may concurrently or

exclusively be sentenced to a fine.

CHAPTER VII CRIMES OF DISRUPTING MARRIAGE AND THE FAMILY

Article 179. Whoever 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.



If anyone commiting the crime mentioned in the preceding paragraph

causes his victim’s death, he shall be sentenced to fixed-term

imprisonment of not less than two years and not more than seven years.



The crime mentioned in the first paragraph of this Article shall be

handled only upon complaint.

Article 180. Whoever has a spouse and commits bigamy or whoever

marries another person while clearly knowing that the other has a

spouse shall be sentenced to fixed-term imprisonment of not more than

two years or criminal detention.

Article 181. Whoever cohabits with or marries a person while

clearly knowing that that person 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.

Article 182. Whoever maltreats a member of his family,

if the circumstances are flagrant, shall be sentenced to fixed-term

imprisonment of not more than two years, criminal detention or public

surveillance.



If anyone committing the crime mentioned in the preceding paragraph

causes serious injury or death to his victim, he shall be sentenced

to fixed-term imprisonment of not less than two years and not more than

seven years.



The crime mentioned in the first paragraph of this Article shall be

handled only upon complaint.

Article 183. Whoever refuses his proper duty to support an aged

person, minor, sick person or any other person who cannot live

independently, if the circumstances are flagrant, shall be

sentenced to fixed-term imprisonment of not more than five

years, criminal detention or public surveillance.

Article 184. Whoever abducts a boy or girl under the age of 14,

thereby 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 VIII CRIMES OF DERELICTION OF DUTY

Article 185. Any state functionary who takes advantage of his

office to accept bribes shall be sentenced to fixed-term

imprisonment of not more than five years or criminal detention.

The funds or articles that he received as bribes shall be

confiscated, and public funds or articles shall be recovered.



Whoever commits the crime mentioned in the preceding paragraph and

causes the interests of the state or citizens to suffer serious

losses shall be sentenced to fixed-term imprisonment of not less than

five years.



Whoever offers or introduces a bribe to a state functionary

shall be sentenced to fixed-term imprisonment of not more than

three years or criminal detention.

Article 186. Any state functionary who divulges important state

secrets, in violation of state laws and regulations on the protection

of secrets, if the circumstances are serious, shall be

sentenced to fixed-term imprisonment of not more than seven

years, criminal detention or deprivation of political rights.



If a person who is not a state functionary commits the crime

mentioned in the preceding paragraph, he shall be punished in

the light of the circumstances and in accordance with the

provisions of the preceding paragraph.

Article 187. Any state functionary who, because of neglect of

duty, causes public property or the interests of the state and

the people to suffer heavy losses shall be sentenced to fixed-term

imprisonment of not more than five years or criminal detention.

Article 188. Any judicial functionary who engages in

malpractice for the benefit of his 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 intentionally twists the law, confounding right and

wrong, when rendering judgments or orders, shall be sentenced to

fixed-term imprisonment of not more than five years, criminal

detention or deprivation of political rights; if the

circumstances are particularly serious, he shall be sentenced to

fixed-term imprisonment of not less than five years.

Article 189. Any judicial functionary who violates the

laws and regulations on prison management and subjects prisoners

or internees to corporal punishment, if the circumstances are

serious, shall be sentenced to fixed-term imprisonment of not more

than three years or criminal detention; if the circumstances are

especially serious, he shall be sentenced to fixed-term

imprisonment of not less than three years and not more than ten years.

Article 190. Any judicial functionary who releases a criminal

without authorization shall be sentenced to fixed-term

imprisonment of not more than five years or criminal detention; if the

circumstances are serious, he shall be sentenced to fixed-term

imprisonment of not less than five years and not more than ten years.



Article 191. Any postal and telecommunications worker who

opens, conceals or destroys mail or telegrams without

authorization shall be sentenced to fixed-term imprisonment of not

more than two years or criminal detention.



Whoever steals property while committing the crime mentioned

in the preceding paragraph shall be given a heavier punishment

under Article 155 on the crime of embezzlement.

Article 192. Any state functionary who commits a crime

mentioned in this Chapter, if the circumstances are minor,

may be given an administrative sanction by the competent

department in the light of the circumstances.