Criminal Law of the People's Republic of China - 1997 (page5)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. to have any other especially serious circumstance.

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

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

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

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

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

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

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

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

4. to have any other especially serious circumstance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. to take part in organized international drug activities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. to resist the uprooting of such mother plants.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter VII Crime of Endangering Interests of National Defense

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supplementary Provisions

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

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

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