Chinese Law | China: Criminal Law of the People's Republic of China

Chapter V Miscellaneous Provisions
Article 90
Where the provisions of this Law cannot be completely applied in a national autonomous area, the people's congress of the autonomous region or the province concerned may formulate the adoptive or supplementary provisions in the light of the political, economic and cultural features of the local nationalities and the fundamental principles laid down by this Law, and shall submit them to the Standing Committee of the National People's Congress for approval before enforcement.

Article 91
For the purposes of this Law, the public property means the followings:

1. property owned by the state;

2. property owned collectively by the working people; and

3. property by social donation or as specific-purpose fund, which is used for helping the poor or for other causes of public welfare.

Private property that is being managed, used or transported by the state organs, state-owned companies and enterprises, collective-owned enterprises and people's organizations shall be treated as public property.

Article 92
For the purposes of this Law, the citizens' privately owned property means the followings:

1. citizens' lawfully income, savings, houses and other means of livelihood;

2. means of production that are owned by individuals or families according to law;

3. lawful property owned by individual household and private enterprises; and

4. shares, stocks, bonds and other properties owned by individuals according to law.

Article 93
For the purposes of this Law, the public servants of the state mean the persons of the state organs who are engaged in public services.

Persons of state-owned companies, enterprises and institutions and people's organizations who are engaged in public services, and persons who are appointed and sent by state organs, state-owned companies, enterprises and institutions to non-state-owned companies, enterprises and institutions and mass organizations to engage in public services, and other persons who are engaged in public services according to law, shall be treated as the public servants of the state.

Article 94
For the purposes of this Law, the judicial personnel means those who have the duties and responsibilities of investigation, prosecution, adjudication and supervision and control.

Article 95
For the purposes of this Law, the serious injury means any of the following injuries:

1. injury resulting in loss of a person's use of a limb or in disfigurement;

2. injury resulting in loss of a person's hearing, sight or the function of any other organ; and

3. any other injury which causes grave harm to a person's physical health.

Article 96
For the purposes of this Law, violation of the provisions of the state means a violation of law or decision formulated by the National People's Congress or its Standing Committee, or administrative regulation formulated by the State Council, or administrative measures prescribed by the State Council or decision or decree issued by the State Council.

Article 97
For the purposes of this Law, the ringleader refers to a criminal who plays the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.

Article 98
For the purposes of this Law, to be handled only upon complaint means that a case shall be handled only 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 99
For the purposes of this Law, not less than, not more than and within shall include the given figure.

Article 100
A person who was given a criminal punishment shall, when joining the army or getting a job, report truthfully that he was given a criminal punishment to the relevant unit and may not conceal it.

Article 101
The General Provisions of this Law apply to other laws which have the provisions on criminal punishments, unless special provisions shall have been made in other laws.

Part Two Specific Provisions

Chapter I Crime of Endangering the State Security

Article 102
A person who, in collusion with a foreign country, jeopardizes thesovereignty, territorial integrity or security of the People's Republicof China, shall be sentenced to life imprisonment or fixed-term imprisonmentof not less than ten years.

A person who, in collusion with an agency, organization or individualoutside China, commits a crime under the preceding paragraph, shall besentenced in accordance with the provisions of the preceding paragraph.

Article 103
If organizing, planning or carrying out to dismember the nation orto undermine the unification of the state, the ringleaders and the personswhose crimes are severe shall be sentenced to life imprisonment or fixed-termimprisonment of not less than ten years; the persons who actively participatein shall be sentenced to fixed-term imprisonment of not less than threeyears and not more than ten years; and other persons who participate inshall be sentenced to fixed-term imprisonment of not more than three years,criminal detention, public surveillance or deprivation of political rights.

A person who incites to dismember the nation or to undermine the unificationof the state shall be sentenced to fixed-term imprisonment of not morethan five years, criminal detention, public surveillance or deprivationof political rights; and the ringleaders or the persons whose crimes aresevere shall be sentenced to fixed-term imprisonment of not less than fiveyears.

Article 104
If an armed rebellion or riot is organized, planned or carried out,the ringleaders or the persons whose crimes are severe shall be sentencedto life imprisonment or fixed-term imprisonment of not less than ten years;the persons who actively participate in shall be sentenced to fixed-termimprisonment of not less than three years and not more than ten years;and other persons who participate in shall be sentenced to fixed-term imprisonmentof not more than three years, criminal detention, public surveillance ordeprivation of political rights.

A person who instigates, forces, lures or bribes a public servant ofa state organ or a member of the armed forces, the people's police or thepeople's militia to conduct an armed rebellion or riot shall be sentencedheavily in accordance with the provisions of the preceding paragraph.

Article 105
If organizing, planning or carry out to subvert the state's politicalpower or to overthrow the socialist system, the ringleaders or the personswhose crimes are severe shall be sentenced to life imprisonment or fixed-termimprisonment of not less than ten years; the persons who actively participatein shall be sentenced to fixed-term imprisonment of not less than threeyears and not more than ten years; and other persons who participate inshall be sentenced to fixed-term imprisonment of not more than three years,criminal detention, public surveillance or deprivation of political rights.

A person who incites to subvert the state's political power or to overthrowthe socialist system by starting a rumor, slander or any other means shallbe sentenced to fixed-term imprisonment of not more than five years, criminaldetention, public surveillance or deprivation of political rights; andthe ringleaders or the persons whose crimes are severe shall be sentencedto fixed-term imprisonment of not less than five years.

Article 106
A person who, in collusion with an agency, organization or individualoutside China, commits a crime under Article 103, 104 or 105 of this Chapter,shall be sentenced heavily in accordance with the provisions of the relevantarticle.

Article 107
If an agency, organization or individual within or outside China aidsan organization or individual within China to commit a crime under Article102, 103, 104 or 105 of this Chapter, the persons directly responsibleshall be sentenced to fixed-term imprisonment of not more than five years,criminal detention, public surveillance or deprivation of political rightsand; if the circumstance is serious, to fixed-term imprisonment of notless than five years.

Article 108
A person who defects to the enemy and turns traitor shall be sentencedto fixed-term imprisonment of not less three years and not more than tenyears and; if the circumstance is serious or the case concerns the leadingof a member of the armed forces, the people's police or the people's militiato defect to the enemy and turn traitor, to fixed-term imprisonment ofnot less than ten years or life imprisonment.

Article 109
A public servant of a state organ who, within the period of performinghis duty, leaves his post arbitrarily or flees the country and turns traitor,or flees and turns traitor outside China, or endangers the state's securityof the People's Republic of China, shall be sentenced to fixed-term imprisonmentof not more than five years, criminal detention, public surveillance ordeprivation of political rights and; if the circumstance is serious, tofixed-term imprisonment of not less than five years and not more than tenyears.

A public servant of the state who holds state secrets shall, if committinga crime under the preceding paragraph, be sentenced heavily in accordancewith the provisions of the preceding paragraph.

Article 110
A person who has one of the following acts of espionage and endangersthe state security shall be sentenced to fixed-term imprisonment of notless than ten years or life imprisonment and; if the circumstance is minor,to fixed-term imprisonment of not less than three years and not more thanten years:

1. to join an espionage organization or to accept a task from an espionageorganization or its agent; or

2. to direct the enemy to a bombing or shelling target.

Article 111
A person who steals, spies on, buys or illegally provides state secretsor intelligence for an agency, organization or individual outside the countryshall be sentenced to fixed-term imprisonment of not less than five yearsand not more than ten years; if the circumstance is especially serious,to fixed-term imprisonment of not less than ten years or life imprisonmentand; if the circumstance is minor, to fixed-term imprisonment of not morethan five years, criminal detention, public surveillance or deprivationof political rights.

Article 112
A person who supplies arms, equipment or military materials to aidthe enemy during the wartime shall be sentenced to fixed-term imprisonmentof not less than ten years or life imprisonment and; if the circumstanceis minor, to fixed-term imprisonment of not less than three years and notmore than ten years.

Article 113
A person who commits a crime of endangering the state security setforth in this Chapter, with the exception of the crime under paragraph2 of Article 103, Article 105, 107 or 109, may be sentenced to death penaltyif an especially serious harm to the state and the people is caused andthe circumstances are especially flagrant.

A person who commits a crime under this Chapter may concurrently besentenced to confiscation of property.

Chapter II Crime of Endangering the Public Security
Article 114
A person who sets fire, breaches dike, causes explosion, spreads poison or uses any other dangerous method to sabotage factory, mine, oilfield, harbor, river, water sources, warehouse, dwelling, forest, farm, threshing ground, pasture, important pipeline, public building or any other public or private property and endangers public security, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.

Article 115
A person who sets fire, breaches dike, causes explosion, spreads poison or uses any other dangerous method to cause serious human injury 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.

A person who negligently 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 and; if the circumstance is minor, to fixed-term imprisonment of not more than three years or criminal detention.

Article 116
A person who sabotages a train, motor vehicle, tram, ship or aircraft in a manner that is sufficient to put it in danger of overturning or being destroyed, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.

Article 117
A person who sabotages a railroad, bridge, tunnel, highway, airport, waterway, lighthouse or sign or conducts any other damaging activity in a manner that is sufficient to put a train, motor vehicle, tram, ship or aircraft in danger of overturning or being destroyed, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.

Article 118
A person who sabotages electric power or gas facilities or any other inflammable or explosive equipment and thereby endangers public security, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years if a serious result is not caused.

Article 119
A person who sabotages a means of transport, transportation facility, electric power facility, gas facility, or inflammable or explosive equipment and thereby causes a serious result, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 120
A person who organizes, leads or actively participates in a terror organization shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and other persons who participant in such an organization 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 concurrently commits such a crime as homicide, explosion or kidnapping shall be sentenced in accordance with the provisions on combined punishment for several crimes.

Article 121
A person who hijacks an aircraft by means of violence or intimidation or in any other manner shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and; if a serious bodily injury to or death of another person or a serious damage to the aircraft is caused, to death.

Article 122
A person who hijacks a ship or motor vehicle by means of violence or intimidation or in any other manner shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and; if a serious result is caused, to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 123
A person who exercises violence to another person in a aircraft in flight and endangers the safety of flight, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a serious result is not caused and; if a serious result is caused, to fixed-term imprisonment of not less than five years.

Article 124
A person who sabotages broadcast or television facilities or public telecommunications facilities and thereby endangers public security shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and; if a serious result is caused, to fixed-term imprisonment of not less than seven years.

Article 125
A person who illegally manufactures, buys, sells, transports, posts or stores a gun, ammunition or explosives 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, life imprisonment or death.

A person who illegally buys, sells or transports nuclear materials shall be sentenced in accordance with the provisions of the preceding paragraph.

If a unit commits a crime set forth in 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 the unit shall be sentenced in accordance with the provisions of paragraph 1.

Article 126
If an enterprise which is designated or determined according to law to engage in manufacture or sale of guns, in violation of the provisions on gun control, commits any of the following acts, the enterprise shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the enterprise 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 or life imprisonment:

1. to manufacture or sell guns exceeding the limit or not according to the type for the purpose of illegal sale;

2. to manufacture guns without numbers or with same number or false number for the purpose of illegal sale; or

3. illegally to sell guns or sell the guns for export in China.

Article 127
A person who steals or forcibly seizes a gun, ammunition or explosive 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, life imprisonment or death.

A person who robs a gun, ammunition or explosive, or steals or forcibly seizes a gun, ammunition or explosive of a state organ, a member of the armed forces, the police or the people's militia, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 128
A person who, in violation of the provisions on gun control, holds illegally or keeps in secret a gun or ammunition, 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.

A person who is equipped with a gun for public service according to law shall be sentenced in accordance with the provisions of the preceding paragraph if he illegally leases or lends his gun.

A person who is allocated a gun according to law shall be sentenced in accordance with the provisions of paragraph 1 if he illegally leases or lends his gun, thus causing a serious result.

If a unit commits a crime under paragraph 2 or 3, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of the unit shall be sentenced in accordance with the provisions of paragraph 1.

Article 129
A person who is equipped with a gun for public service according to law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if he loses his gun and fails to make a prompt report, thus causing a serious result.

Article 130
A person who illegally carries a gun, ammunition, knife under control or explosive, inflammable, radioactive, poisonous or corrosive materials, to enter into a public place or public means of transport and endangers public security, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance if the circumstance is serious.

Article 131
An airman who, in violation of the rules and regulations, causes a serious flight accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused and; if the crash of an aircraft or death of another person is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 132
A railman who, in violation of the rules and regulations, causes a railway transportation accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious result is caused and; 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 133
A person who violates the laws and regulations on administration of communications or transportation, thus causing a serious accident and resulting in serious bodily injury or death or serious losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if he flees after causing a communication or transportation accident or has any other especially flagrant circumstance, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and; if his fleeing causes another person's death, to fixed-term imprisonment of not less than seven years.

Article 134
An employee of a factory, mine, forestry center, construction enterprise or any other enterprise or institution who disobeys management and violates the rules and regulations, or forces workers to work in a hazardous way in violation of the rules, thus causing a serious accident involving injury or death or any other serious result, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the circumstance is especially flagrant, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 135
If a factory, mine, forestry center, construction enterprise or any other enterprise or institution, whose labor safety facilities do not conform to the state's provisions, fails to take measures to hidden peril of the accident after the relevant department or its employee puts forward a demand, thus causing a serious accident involving injury or death or any other serious result, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and; if the circumstance is especially flagrant, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 136
A person who, in violation of the provisions on the control of explosive, inflammable, radioactive, poisonous or corrosive materials, causes a serious accident in production, storage, transportation or use, thus causing a 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 137
If a construction unit, design unit, unit in charge of construction or project supervision unit, in violation of the state's provisions, lowers the project's quality standard, thus causing a serious accident, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently to a fine; 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.

Article 138
If it is clearly known that schoolhouses or facilities for education or schooling are in danger but no measures are taken or no reports are made in time, thus causing a serious accident involving injury or death, the persons directly responsible 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 139
If, in violation of the laws and regulations on fire control, no remedy measures are refused to take after the notice of the fire control supervision organ, thus causing a serious result, the persons directly responsible 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.

Chapter III Crime of Disrupting the Order of Socialist Market Economy

Section 1 Crime of Producing or Selling Fake or Inferior Commodities

Article 140
A producer or seller who mixes impurities or imitations into a product, passes a fake product off as a genuine one, a defective product as a high-quality one or a substandard product as a standard one, if the sale amounts to not less than 50,000 yuan and not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale; if the sale amounts to not less than 200,000 yuan and not more than 500,000 yuan, 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 half and not more than two times of the sale; if the sale amounts to not less than 500,000 yuan and not more than 2,000,000 yuan, to fixed-term imprisonment of not less than seven years and concurrently to a fine of not less than half and not more than two times of the sale and; if the sale amounts to not less than 2,000,000 yuan, to fixed-term imprisonment of fifteen years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.

Article 141
A person who produces or sells fake medicine, if a serious harm to human health can be caused, shall be sentenced to fixed-term imprisonment of not more three years or criminal detention and concurrently or independently, to a fine of not less than half and not more than two times of the sale; if a serious harm to human health is caused, 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 half and not more than two times of the sale; and if death of a person or an especially serious harm to human health is caused, to fixed-term imprisonment of not less than ten years, life imprisonment or death and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.

Fake medicine mentioned in this Article means a medicine or a non-medical substance to be categorized or treated as fake medicine in accordance with the provisions of the Law of the People's Republic of China on Pharmaceutical Administration.

Article 142
A person who produces or sells inferior medicine, if a serious harm to human health is caused, shall be sentenced 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 half and not more than two times of the sale; and if the result is especially serious, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.

Inferior medicine mentioned in this Article means a medicine to be categorized as inferior medicine in accordance with the provisions of the Law of the People's Republic of China on Pharmaceutical Administration.

Article 143
A person who produces or sells food that does not conform to hygiene standards, if a serious food-poisoning accident or any other serious disease caused by food-borne bacteria can be caused, 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 half and not more than two times of the sale; if a serious harm to human health is caused, 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 half and not more than two times of the sale; and if the result is especially serious, to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.

Article 144
A person who mixes the food to be produced or sold with toxic or harmful non-food stuffs, or sells the food mixed with toxic or harmful non-food stuffs that he knows clearly, 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 half and not more than two times of the sale; if a serious food-poisoning accident or any other serious disease caused by food-borne bacteria is caused, thus seriously harming human health, 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 half and not more than two times of the sale; and if death of a person or an especially serious harm to human health is caused, shall be sentenced in accordance with the provisions of Article 141 of this Law.

Article 145
A person who produces medical appliances or medical hygiene materials that do not conform to the national or trade standards on safeguarding human health, or sells such appliances or materials while clearly knowing their inconformity to the national or trade standards on safeguarding human health, if a serious harm to human health is caused, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine of not less than half and not more than two times of the sale; 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 of not less than half and not more than two times of the sale; and if the circumstance is especially flagrant, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.

Article 146
A person who produces electrical appliances, pressure containers, inflammable or explosive products or any other products, which do not conform to the national or trade standards on safeguarding the safety of person or property, or sells such products while clearly knowing their inconformity to the national or trade standards on safeguarding the safety of person or property, if a serious result is caused, shall be sentenced to fixed-term imprisonment of not more than five years and concurrently to a fine of not less than half and not more than two times of the sale; and if the result is especially serious, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than half and not more than two times of the sale.

Article 147
A person who produces fake pesticides, fake animal pharmaceuticals or fake chemical fertilizers, or sells pesticides, animal pharmaceuticals, chemical fertilizers or seeds while clearly knowing that such products are fake or no longer effective, or a producer or seller who passes substandard pesticides, animal pharmaceuticals, chemical fertilizers or seeds off as those up to standard, if a considerable loss of production is caused, 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 half and not more than two times of the sale; if a serious loss of production is caused, 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 half and not more than two times of the sale; and if an especially serious loss of production is caused, to fixed-term imprisonment of not less than seven years or life imprisonment and concurrently to a fine of not less than half and not more than two times of the sale or confiscation of property.

Article 148
A person who produces cosmetics that do not conform to hygiene standards or sells such products while clearly knowing their inconformity to hygiene standards, if a serious result is caused, 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 half and not more than two times of the sale.

Article 149
A person who produces or sells a product mentioned in Article 141 to 148 of this Section and does not yet commit a crime set forth in any of those Articles, if the sale amounts to not less than 50,000 yuan, shall be convicted of a crime and sentenced in accordance with the provisions of Article 140 of this Section.

A person who produces or sells a product mentioned in Article 141 to 148 of this Section and commits a crime set forth in any of those Articles, and in the meantime also commits a crime set forth in Article 140 of this Section, shall be convicted of a crime and sentenced in accordance with the provisions of heavier punishment.

Article 150
If a unit commits a crime set forth in Article 140 to 148 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 the unit shall be sentenced respectively in accordance with the provisions of the relevant article.

Section 2 Crime of Smuggling
Article 151
A person who smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and concurrently to a fine or confiscation of property and; if the circumstance is minor, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

A person who smuggles cultural relics, gold, silver or any other precious metals forbidden by the state from being exported, or precious and rare species of wildlife forbidden by the state from being imported and exported as well as the products thereof, shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine; and if the circumstance is minor, to fixed-term imprisonment of not more than five years and concurrently to a fine.

A person who smuggles precious and rare species of plants forbidden by the state from being imported and exported and the products thereof shall be sentenced to fixed-term imprisonment of not more than five years and concurrently or independently, 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 commits a crime under paragraph 1 or 2, if the circumstance is especially serious, shall 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 the unit shall be sentenced in accordance with the provisions of the relevant paragraph of this Article.

Article 152
A person who, with a view of profit or dissemination, smuggles pornographic movies, videotapes, magnetic tapes, pictures, publications or any other pornographic articles, 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 serious, 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 minor, to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and concurrently to a fine.

Article 153
A person who smuggles goods or articles other than those mentioned in Article 151, 152 or 347 shall, depending on the seriousness of the circumstances, be sentenced respectively in accordance with the following provisions:

1. A person who smuggles goods or articles of which the tax payable evaded amounts to not less than 500,000 yuan shall be sentenced 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 of the tax payable or confiscation of property; and if the circumstance is especially serious, shall be sentenced in accordance with the provisions of paragraph 4 of Article 151 of this Law.

2. A person who smuggles goods or articles of which the tax payable evaded amounts to not less than 150,000 yuan and not more than 500,000 yuan shall be sentenced 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 one time and not more than five times of the tax payable; 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 of not less than one time and not more than five times of the tax payable or confiscation of property.

3. A person who smuggles goods or articles of which the tax payable evaded amounts to not less than 50,000 yuan and not more than 150,000 yuan 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 of the tax payable.

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 the unit shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstance is serious, 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.

A person who repeatedly smuggles and goes unpunished shall be sentenced in accordance with the accumulated tax payable of the smuggled goods and articles.

Article 154
A person who commits any of the following acts of smuggling shall, if a crime is constituted according to the provisions of this Section, be convicted of a crime and sentenced in accordance with the provisions of Article 153 of this Law:

1. without approval of the Customs and without having paid the tax payable, to sell in the territory of China, with a view of profit, the authorized imported bonded goods such as materials supplied by foreign clients for processing, parts supplied by them for assembly or raw or processed materials, parts, finished products or equipment for compensation trade; or

2. without approval of the Customs and without having paid the tax payable, to sell in the territory of China, with a view of profit, the imported goods or articles specially designated for the reduction of or exemption from duties.

Article 155
The following acts shall be treated as the crime of smuggling and punished in accordance with the relevant provisions of this Section:

1. to purchase from smugglers, directly and illegally, the articles forbidden by the state from being imported, or other smuggled imported goods and articles which involve relatively large quantities or values; or

2. to transport, purchase or sell, in inland seas or territorial waters, the articles forbidden by the state from being imported or exported, or the goods and articles subject to state restrictions on import and export which involve relatively large quantities and values without legal certifications; or

3. to evade the Customs control and to transport the solid waste from abroad into China.

Article 156
A person who conspires with a criminal committing smuggling by offering the latter a loan, fund, account number, invoice or certificate, or by providing the latter with such conveniences as transportation, storage or mailing, shall be treated and sentenced as an accomplice in the crime of smuggling.

Article 157
A person who shields smuggling with armed force shall be sentenced heavily in accordance with the provisions of paragraphs 1 and 4 of Article 151 of this Law.

A person who, by means of violence or threat, resists the seizure of smugglers or smuggled goods shall be treated as the crime of smuggling and the crime of preventing state personnel from carrying out their functions according to law set forth in Article 277 of this Law and sentenced in accordance with the provisions on the combined punishment for several crimes.

Section 3 Crime of Disrupting the Order of Administering Companies and Enterprises
Article 158
A person who, in applying for registration of a company, reports falsely registered capital by using a false documentary evidence or any other manner of swindling, deceives the department in charge of registration of the company and obtains the registration 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 1% and not more than 5% of the amount of registered capital reported falsely if the amount of registered capital reported falsely is huge or the result is serious or any other serious circumstance exists.

Article 159
A company's initiator or shareholder who, in violation of the provisions of the Company Law, makes a false investment in the method of not delivering currency, material objects or not transferring property rights, or draws back the capital after a company is established, 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 2% and not more than 10% of the amount of the capital provided falsely or drawn back if the amount involved is huge or the result is serious or any other serious circumstance exists.

Article 160
A person who, in issuing shares or bonds, conceals important facts or fabricates major false contents in the prospectuses, documents of subscription for shares or measures on raising bonds for a company or enterprise, 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 1% and not more than 5% of the amount of the fund raised illegally if the amount involved is huge or the result is serious or any other serious circumstance exists.

Article 161
If a company provides the shareholders and the public with a false financial and accounting report in which it conceals important facts, thus seriously prejudicing the interests of the shareholders or other persons, the person-in-charge directly responsible and other persons directly responsible of the company 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 20,000 yuan and not more than 200,000 yuan.

Article 162
If a company or an enterprise, in the course of liquidation, hides property, records falsely in the balance sheet or detailed list of property, or distributes its property before payment of debts, thus seriously prejudicing the interests of the claimants or other persons, the person-in-charge directly responsible and other persons directly responsible of the company or enterprise 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.

Article 163
A person of a company or an enterprise who takes advantage of his post to seek or accept illegally property from another person and makes profits for the latter 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 especially huge, to fixed-term imprisonment of not less than five years and may concurrently be sentenced to confiscation of property.

A person of a company or an enterprise who, in the course of economic activities, accepts any rebate or commission for his own in violation of the state's regulations, shall be sentenced in accordance with the provisions of the preceding paragraph.

A person of a state-owned company or enterprise who engages in public service or a person who is sent by a state-owned company or enterprise to a non-state-owned company or enterprise to engage in public service shall, if committing an act under the two preceding paragraphs, be convicted of a crime and sentenced in accordance with the provisions of Article 385 or 386 of this Law.

Article 164
A person who, with a view of illegal gains, offers property to a person of a company or an enterprise, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if the amount involved is huge and; if the amount involved is especially huge, to fixed-term imprisonment of not less than three years and not more than ten years and concurrently to a fine.

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

Article 165
A director or manager of a state-owned company or enterprise who takes advantage of his post to do business which is the same as that of the company or enterprise for himself or for another person and to obtain illegally gains 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 huge and; if the amount involved is especially huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine.

Article 166
A person of a state-owned company, enterprise or institution who takes advantage of his post to commit one of the following acts shall, if a heavy loss of state's interests is caused, be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine and; if an especially heavy loss of the state's interests 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 let his relative or friend to do profit-making business of his unit;

2. to purchase commodities at a price which is obviously higher than the market price from the unit run or managed by his relative or friend or to sell commodities at a price which is obviously lower than the market price to the unit run or managed by his relative or friend; or

3. to purchase substandard commodities from the unit run or managed by his relative or friend.

Article 167
A person-in-charge directly responsible of a state-owned company, enterprise or institution who, in the course of entering or performing a contract, is defrauded due to his serious neglect of duty, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a heavy loss of the interests of the state is caused and; if an especially heavy loss of the interests of the state is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Article 168
A person-in-charge directly responsible of a state-owned company or enterprise who practices favoritism or irregularity and causes bankruptcy or serious loss to the company or enterprise, thus causing the interests of the state to suffer a heavy loss, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 169
A person-in-charge directly responsible of a state-owned company or enterprise or its competent department at the higher level who practices favoritism or irregularity and converts the state-owned assets into shares at a low price or sells them at a low price, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a heavy loss of the state interests is caused and; if an especially heavy loss of the state interests is caused, to fixed-term imprisonment of not less than three years and not more than seven years.

Section 4 Crime of Disrupting the Order of Banking Administration
Article 170
A person who counterfeits currency shall be sentenced 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 a person who is under one of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death 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 be a principal member of a currency counterfeit group;

2. to counterfeit currency of an especially huge amount; or

3. to be under any other especially serious circumstances.

Article 171
A person who sells or purchases counterfeited currency or transports knowingly counterfeited currency 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 is relatively huge; if the amount involved is 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 especially 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.

A person of a bank or any other financial institution who purchases counterfeited currency or takes advantage of his post to exchange currency with counterfeited currency shall be sentenced 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 20,000 yuan and not more than 200,000 yuan; if the amount involved is especially huge or there are other serious circumstances, to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan or confiscation of property; and if the circumstance is relatively minor, to fixed-term imprisonment of not more than three years or criminal detention and concurrently or independently, to a fine of not less than 10,000 yuan and not more than 100,000 yuan.

A person who counterfeits currency and sells or transports the counterfeited currency shall be convicted of a crime and sentenced heavily in accordance with the provisions of Article 170 of this Law.

Article 172
A person who holds or uses knowingly counterfeited currency 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 10,000 yuan and not more than 100,000 yuan 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 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, to fixed-term imprisonment of not less than ten years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 173
A person who alters currency 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 10,000 yuan and not more than 100,000 yuan 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 ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

Article 174
A person who, without approval of the People's Bank of China, sets up a commercial bank or any other financial institution, 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 20,000 yuan and not more than 200,000 yuan 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 of not less than 50,000 yuan and not more than 500,000 yuan.

A person who forges, alters or transfers a business permit of a commercial bank or any other financial institution shall be sentenced in accordance with the provisions of the preceding paragraph.

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 the unit shall be sentenced in accordance with the provisions of paragraph 1.

Article 175
A person who illegally procures a credit loan from a financial institution and transfers it to another person in high interest for the purpose of profit through transferring a loan 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 of the illegal gains if the amount of illegal gains is relatively huge and; if the amount of illegal gains 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 one time and not more than five times of the illegal gains.

Article 176
A person who, illegally or in disguised form, absorbs savings deposits from the public, thus disturbing the financial order, 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 20,000 yuan and not more than 200,000 yuan and; if the amount involved is huge or there are other serious circumstances, 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.

Article 177
A person who, under any of the following circumstances, forges or alters a financial document or certificate, 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; 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 of not less than 50,000 yuan and not more than 500,000 yuan; 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 of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

1. to forge or alter a promissory note, bill of exchange or check;

2. to forge or alter any other bank settlement instruments such as commission collection receipts, remittance receipts or bank deposit receipts;

3. to forge or alter letters of credit or accompanied notes or documents; or

4. to forge credit cards.

Article 178
A person who forges or alters treasury bills or any other securities issued by the state 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 20,000 yuan and not more than 200,000 yuan 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 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, 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 forges or alters stocks or bonds issued by a company or an enterprise 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 10,000 yuan and not more than 100,000 yuan 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 ten years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

Article 179
A person who, without approval of the relevant competent department, issues stocks or bonds of a company or an enterprise, 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 1% and not more than 5% of the capital collected illegally if the amount involved is huge or the result is serious or any other serious circumstance exists.

Article 180
A person knowing inside information of securities transaction or a person obtaining illegally inside information of securities transaction who, prior to the information concerning issue of securities, transaction of securities or other information of great impact on the price of other securities is made public, buys or sells the said securities or reveals the information, 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 of 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 not more than ten years and concurrently to a fine of not less than one time and not more than five times of the illegal gains.

The range of inside information shall be delimited in accordance with the provisions of laws and administrative regulations.

The range of persons knowing inside information shall be delimited in accordance with the provisions of laws and administrative regulations.

Article 181
A person who fabricates and disseminates false information of impact on transaction of securities and disturbs the transaction market of securities, thus causing serious results, 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 10,000 yuan and not more than 100,000 yuan.

A person of a stock exchange or a securities company, or a person of the securities institute or securities administrative department, who intentionally provides false information or forges, alters or destroys transaction records and inveigles investors into buying or selling securities, thus causing serious results, 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 10,000 yuan and not more than 100,000 yuan and; if the circumstance is especially flagrant, 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.

Article 182
A person who, under any of the following circumstances, rigs the transaction price of securities for unjustified profits or risk shift, 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 of the illegal gains therefrom if the circumstance is serious:

1. to centralize, independently or conspiratorially, funds or stocks held to form advantages or taking advantage of information to buy or sell, jointly or continuously, in order to rig the transaction price of securities;

2. to perform, in collaboration with another person, mutually securities transaction or buying or selling mutually securities not being held yet according to the time, price and method agreed upon in advance, in order to affect the transaction price of securities or the transaction volume of securities;

3. to behave as the sole transaction partner and perform transaction in which the buyer is the seller and the ownership over securities has not been transferred, in order to affect the transaction price of securities or the transaction volume of securities; or

4. to rig the transaction price of securities in any other way.

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 responsible of the unit shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 183
A person of an insurance company who takes advantage of his post to draw up intentionally an insurance accident which never happens and to give an adjustment in order to defraud the insurance money and take possession of it, shall be convicted of a crime and sentenced in accordance with the provisions of Article 271 of this Law.

A person of a state-owned insurance company or a person being sent by a state-owned insurance company to a non-state-owned insurance company to perform public service shall, if committing any of the acts 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 184
A person of a bank or any other financial institution who, in the course of the financial business activities, extorts or accepts illegally another person' property and seeks profits for another person, or violates the state's regulations and accepts rebate or commission and takes possession of it, shall be convicted of a crime and sentenced in accordance with the provisions of Article 163 of this Law.

A person of a state-owned financial institution or a person being sent by a state-owned financial institution to a non-state-owned financial institution to perform public service shall, if committing any of the acts under the preceding paragraph, be convicted of a crime and sentenced in accordance with the provisions of Article 385 or 386 of this Law.

Article 185
A person of a bank or any other financial institution who, by taking advantage of his post, misappropriates his unit's or the client's funds, shall be convicted of a crime and sentenced in accordance with the provisions of Article 272 of this Law.

A person of a state-owned financial institution or a person being sent by a state-owned financial institution to a non-state-owned financial institution to perform public service who commits any of the acts under the preceding paragraph, shall be convicted of a crime and sentenced in accordance with the provisions of Article 384 of this Law. <

Article 186
A person of a bank or any other financial institution who, in violation of the provisions of a law or an administrative regulation, issues a credit loan or a guaranteed loan to his interested party with more favorable conditions than to other borrowers for the same kind of loans 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 a relatively huge loss is caused and; if a major loss is caused, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

A person of a bank or any other financial institution who, in violation of the provisions of a law or an administrative regulation, issues a loan to a person other than his interested party, 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 a major loss is caused and; if an especially major loss is caused, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

The range of the interested parties shall be delimited in accordance with the Commercial Bank Law of the People's Republic of China and relevant financial regulations.

Article 187
A person of a bank or any other financial institution who, with a view of profit and by the means of absorbing the funds of clients without entering into the account, uses the funds for lending or granting loans, 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 a major loss is caused and, if an especially major loss is caused, to fixed-term imprisonment of not less than five years and concurrently to a fine of not less than 50,000 yuan and not more than 500,000 yuan.

Article 188
A person of a bank or any other financial institution who, in violation of the regulations, offers another person a letter of credit or any other certificates of guarantee, negotiable instruments, certificates of deposit or certificates of credit status, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a relatively huge loss is caused and; if a major loss is caused, to fixed-term imprisonment of not less than five years.

Article 189
A person of a bank or any other financial institution who, in the course of business activities of negotiable instruments, accepts, pays for or guarantees the negotiable instruments that do not conform to the Negotiable Instruments Law, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if a major loss is caused and; if an especially major loss is caused, to fixed-term imprisonment of not less than five years.

Article 190
If a state-owned company or enterprise or any other state-owned unit which, in violation of the state's regulations, deposits foreign exchange outside China without approval or illegally transfers foreign exchange from China to the outside, 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.

Article 191 A person who knows clearly that the money is unlawful earnings and their profits obtained from the drug-related crime, crime committed by the group in the nature of criminal syndicates or crime of smuggling, and commits any of the following acts for the purpose of covering up or concealing its source and nature, shall be confiscated of the unlawful earnings and their profits obtained from the above-mentioned crimes, 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 5% and not more than 20% of the sum of money laundered; 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 of not less than 5% and not more than 20% of the sum of money laundered:

1. to provide a fund account;

2. to assist in transforming the property into cash or financial documents;

3. to assist in transferring funds by means of transferring accounts or other means of settling accounts;

4. to assist in remitting funds to any place outside China; or

5. to cover up or conceal the source and nature of unlawful earnings from crimes and profits thereof by any other means.

Resource Center

Criminal Law of the People's Republic of China - 1997 (page3)