Criminal Law of the People's Republic of China
(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979; revised at the Fifth Session of the Eighth National People’s Congress on March 14, 1997; and amended according to the Decision of the Standing Committee of the National People's Congress on Punishing Crimes of Fraudulently Purchasing, Evading, and Illegally Trading Foreign Exchange at the 6th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 1998, Amendment to the Criminal Law of the People’s Republic of China at the 13th Meeting of the Standing Committee of the Ninth National People’s Congress on December 25, 1999, Amendment (Ⅱ) to the Criminal Law of the People’s Republic of China at the 23rd Meeting of the Standing Committee of the Ninth National People’s Congress on August 31, 2001; Amendment (Ⅲ) to the Criminal Law of the People’s Republic of China at the 25th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 2001, Amendment (Ⅳ) to the Criminal Law of the People’s Republic of China at the 31st Meeting of the Standing Committee of the Ninth National People’s Congress on December 28, 2002, Amendment (Ⅴ) to the Criminal Law of the People’s Republic of China at the 14th Meeting of the Standing Committee of the Tenth National People’s Congress on February 28, 2005, Amendment (Ⅵ) to the Criminal Law of the People’s Republic of China at the 22nd Meeting of the Standing Committee of the Tenth National People’s Congress on June 29, 2006, Amendment (Ⅶ) to the Criminal Law of the People’s Republic of China at the 7th Meeting of the Standing Committee of the Eleventh National People’s Congress on February 28, 2009, Decision of the Standing Committee of the National People's Congress on Amending Certain Laws at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009, Amendment (Ⅷ) to the Criminal Law of the People’s Republic of China at the 19th Meeting of the Standing Committee of the Eleventh National People’s Congress on February 25, 2011, Amendment (Ⅸ) to the Criminal Law of the People’s Republic of China at the 16th Meeting of the Standing Committee of the Twelfth National People’s Congress on August 29, 2015, Amendment (Ⅹ) to the Criminal Law of the People’s Republic of China at the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress on November 4, 2017, and Amendment (Ⅺ) to the Criminal Law of the People’s Republic of China at the 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020)
Contents
Part I General Provisions
Chapter I Tasks, General Principles, and Scope of Application of the Criminal Law
Chapter II Crimes
Section 1 Crimes and Criminal Liability
Section 2 Preparation, Attempt and Abandonment of a Crime
Section 3 Joint Crimes
Section 4 Crimes Committed by an Entity
Chapter III Criminal Punishment
Section 1 Types of Criminal Punishment
Section 2 Non-Custodial Correction
Section 3 Short-Term Custody
Section 4 Fixed-Term Imprisonment and Life Imprisonment
Section 5 Death Penalty
Section 6 Fines
Section 7 Deprivation of Political Rights
Section 8 Confiscation of Property
Chapter IV Concrete Application of Criminal Punishment
Section 1 Sentencing
Section 2 Recidivists
Section 3 Voluntary Surrender and Meritorious Performance
Section 4 Combining Punishments for Multiple Crimes
Section 5 Probation
Section 6 Commutation
Section 7 Parole
Section 8 Limitation Period
Chapter V Miscellaneous Provisions
Part II Special Provisions
Chapter I Crimes of Endangering National Security
Chapter II Crimes of Endangering Public Security
Chapter III Crimes of Undermining Order of Socialist Market Economy
Section 1 Crimes of Manufacturing and Selling Fake and Substandard Goods
Section 2 Crimes of Smuggling
Section 3 Crimes of Disrupting Order of Company and Enterprise Management
Section 4 Crimes of Undermining Order of Financial Management
Section 5 Crimes of Financial Fraud
Section 6 Crimes of Undermining Administration of Tax Collection
Section 7 Crimes of Infringing on Intellectual Property Rights
Section 8 Crimes of Disrupting Market Order
Chapter IV Crimes of Infringing on Citizens’ Personal Rights and Democratic Rights
Chapter V Crimes Against Property
Chapter VI Crimes of Obstructing Administration of Public Order
Section 1 Crimes of Disrupting Public Order
Section 2 Crimes of Obstructing Justice
Section 3 Crimes of Obstructing National Border (Frontier) Administration
Section 4 Crimes of Obstructing the Management of Cultural Relics
Section 5 Crimes of Impairing Public Health
Section 6 Crimes of Impairing the Conservation of Environment and Resources
Section 7 Crimes of Smuggling, Trafficking, Transporting, or Manufacturing Narcotic Drugs
Section 8 Crimes of Organizing, Forcing, Inducing, Sheltering, or Procuring People to Engage in Prostitution
Section 9 Crimes of Producing, Selling, or Disseminating Pornographic Materials
Chapter VII Crimes of Impairing the Interests of National Defense
Chapter VIII Crimes of Embezzlement and Bribery
Chapter Ⅸ Crimes of Dereliction of Duty
Chapter X Crimes of Serviceperson’s Transgression of Duty
Supplementary Provision
Part I General Provisions
Chapter I Tasks, General Principles, and Scope of Application of the Criminal Law
Article 1 This Law is enacted in accordance with the Constitution, based on the practical experience of fighting against crime, and in line with the realities of China, in order to punish crime and protect the people.
Article 2 The tasks of the Criminal Law of the People’s Republic of China are, by fighting against all forms of crime with criminal punishment, to protect national security, the state power of the people's democratic dictatorship, and the socialist system; to protect state-owned property, collectively owned property, and private property owned by citizens; to protect personal rights, democratic rights, and other rights of citizens; to maintain social and economic order; and to safeguard the smooth progress of the socialist cause.
Article 3 Anyone who commits an act explicitly provided by law to be a crime shall be subjected to conviction and punishment in accordance with the law, while anyone who commits an act that is not explicitly provided by law to be a crime shall not be subjected to conviction or punishment.
Article 4 Whoever commits a crime shall be treated equally in the application of the law and no one is permitted to have any privilege to transcend the law.
Article 5 Criminal punishment shall be proportionate to the severity of the offense and the consequent criminal liability to be born by the offender.
Article 6 This Law is applicable to anyone who commits a crime within the land, waters and space under the jurisdiction of the People’s Republic of China, except otherwise specifically provided by law.
This Law is also applicable to anyone who commits a crime on a ship or an aircraft of the People’s Republic of China.
Where either a criminal act takes place or the consequences of a criminal act arise within the land, waters and space under the jurisdiction of the People’s Republic of China, the crime is deemed to have been committed within the land, waters and space under the jurisdiction of the People’s Republic of China.
Article 7 This Law is applicable to any citizen of the People’s Republic of China who commits a crime specified in this Law outside the land, waters and space under the jurisdiction of the People’s Republic of China; but one whose offense is punishable by fixed-term imprisonment of not more than 3 years at the maximum as provided in this Law may be exempted from punishment.
This Law is applicable to any state functionary or serviceperson who commits a crime specified in this Law outside the land, waters and space under the jurisdiction of the People’s Republic of China.
Article 8 This Law may be applicable to any foreigner who commits a crime against the People’s Republic of China or its citizens outside the land, waters and space under the jurisdiction of the People’s Republic of China, which is punishable by fixed-term imprisonment of not less than 3 years at the minimum according to this Law, except, however, when the said crime is not punishable according to the law of the place where it is committed.
Article 9 This Law is applicable to the crimes specified in international treaties which the People’s Republic of China has concluded or acceded to and under which the People’s Republic of China exercises criminal jurisdiction within the scope of its obligations.
Article 10 Anyone who commits a crime outside the land, waters and space under the jurisdiction of the People’s Republic of China for which he shall bear criminal liability in accordance with this Law may still be dealt with according to this Law even if he has been tried in a foreign court. However, the offender may be exempted from punishment or be given a mitigated punishment if he has been subjected to criminal punishment in that foreign country.
Article 11 Criminal liability of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.
Article 12 Where an act committed after the founding of the People’s Republic of China and before the implementation of this Law was not deemed a crime under the laws then in force, the laws then in force shall apply. Where the act was deemed a crime under the laws then in force, and should be prosecuted under the provisions of Section 8, Chapter IV of the General Provisions of this Law, the offender shall be held criminally liable according to the laws then in force; however, if it is not deemed a crime by this Law or is punishable by a lighter punishment according to this Law, this Law shall prevail.
All effective judgments rendered before the implementation of this Law according to the laws then in force remain effective.
Chapter II Crimes
Section 1 Crimes and Criminal Liability
Article 13 Any act that endangers the sovereignty, territorial integrity, or security of the state, splits the state, subverts the political power of the people's democratic dictatorship, overthrows the socialist system, or undermines social or economic order, or that is against state-owned property, collectively owned property, or private property owned by citizens, or that violates the personal rights, democratic rights or other rights of the citizens, or any other act that endangers the society, which is subject to criminal punishment in accordance with the law, is a crime. However, if the circumstances are manifestly minor and the harm is not serious, the act is not deemed a crime.
Article 14 Where a person has clear knowledge that his act will cause socially harmful consequences and hopes for or allows such consequences to occur, which constitutes a crime, the crime is deemed intentional.
A person committing an intentional crime shall bear criminal liability.
Article 15 Where a person should have foreseen that his act may cause socially harmful consequences but fails to foresee them because of his carelessness, or has foreseen such consequences but believes that they can be avoided, which leads to such consequences, he commits a negligent crime.
A person committing a negligent crime shall bear criminal liability only when the law so provides.
Article 16 Where an act causes harmful consequences, while it is attributed not to intent or negligence but to irresistible or unforeseeable causes, the act is not a crime.
Article 17 Where a person who has reached the age of 16 commits a crime, he shall bear criminal liability.
Where a person who has reached the age of 14 but is under the age of 16 commits intentional homicide, intentional infliction of bodily harm causing serious injury to or the death of another person, rape, robbery, drug trafficking, arson, explosion, or releasing hazardous substances, he shall bear criminal liability.
Where a person who has reached the age of 12 but is under the age of 14 commits intentional homicide or intentional infliction of bodily harm, causing the death of another person or, by extremely cruel means, causing serious injury to another person to the extent of severely disabling that person, given that the circumstances are grave, if the Supreme People's Procuratorate approves the prosecution of the offender, he shall bear criminal liability.
A person under the age of 18 who is held criminally liable in accordance with any of the preceding three paragraphs shall be given a lighter or mitigated punishment.
Where a person is not given criminal punishment because he is under the age of 16, his parents or any other guardian shall be ordered to discipline him. Where necessary, the person shall be subjected to specialized correctional education in accordance with the law.
Article 17a A person who has reached the age of 75 may be given a lighter or mitigated punishment if he commits an intentional crime, and shall be given a lighter or mitigated punishment if he commits a negligent crime.
Article 18 Where a mentally ill person causes harmful consequences while he is unable to appreciate the wrongfulness of or to control his act and whose condition has been authenticated and confirmed through statutory procedures, he shall not bear criminal liability, but his family members or guardians shall be ordered to keep him under careful watch and provide him with medical treatment. Where it is necessary, the government may subject him to compulsory medical treatment.
A person with intermittent mental illness who commits a crime in a normal mental state shall bear criminal liability.
A person with mental illness who commits a crime while he is not yet completely unable to appreciate the wrongfulness of or control his act shall bear criminal liability, but may be given a lighter or mitigated punishment.
A person who commits a crime while intoxicated shall bear criminal liability.
Article 19 A deaf and mute person or a blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.
Article 20 Where a person, in order to protect the interests of the state or the public, or his own or another person’s personal rights, property rights or other rights from a present unlawful attack, takes action to stop such an unlawful attack and therefore causes harm to the attacker, this person shall be considered acting in justifiable defense and shall not bear criminal liability.
Where a person acting in justifiable defense obviously exceeds the necessary limit and therefore causes major harm, he shall bear criminal liability, but shall be given a mitigated punishment or be exempted from punishment.
Where a person takes action against present physical assault, murder, robbery, rape, kidnapping, or any other violent crime that seriously endangers personal safety and therefore causes injury to or the death of the attacker, his action shall not be considered excessive defense and he shall not bear criminal liability.
Article 21 Where a person, in order to protect the interests of the state or the public, or his own or another person’s personal rights, property rights or other rights from a present danger, has no choice but to take emergency action and therefore causes harm, this person shall not bear criminal liability.
Where a person taking an urgent action to avert danger exceeds the necessary limit and therefore causes unnecessary harm, he shall bear criminal liability, but shall be given a mitigated punishment or be exempted from punishment.
The provisions in the first paragraph of this Article on the averting danger from a person himself do not apply to those who take specified responsibilities by virtue of their posts or professions.
Section 2 Preparation, Attempt and Abandonment of a Crime
Article 22 Preparation for a crime refers to the preparation of instruments or the creation of conditions for the commission of the crime.
An offender whose act falls within the definition of the preparation for a crime may, with reference to the punishment imposed on a person who has completed the crime, be given a lighter or mitigated punishment or be exempted from punishment.
Article 23 Criminal attempt occurs when an offender has already started to commit a crime but fails to complete the crime because of factors independent of the offender’s will.
An offender whose act falls within the definition of the criminal attempt may be given a lighter or mitigated punishment with reference to the punishment imposed on a person who has completed the crime.
Article 24 Abandonment of a crime occurs when, during the process of committing a crime, an offender voluntarily abandons the crime or voluntarily and effectively prevents the consequences of the crime from occurring.
An offender whose act falls within the definition of the abandonment of a crime shall be exempted from punishment if no harm is caused and shall be given a mitigated punishment if harm is caused.
Section 3 Joint Crimes
Article 25 A joint crime refers to a crime committed intentionally by two or more persons jointly.
A negligent crime by two or more persons shall not be punished as a joint crime. Where criminal liability is involved, these persons shall be punished separately according to the crimes they have committed.
Article 26 A person who organizes or leads a criminal group in conducting criminal activities or plays a principal role in a joint crime is a principal offender.
A relatively stable criminal organization composed of three or more persons to jointly commit crimes is a criminal group.
The ringleader who organizes or leads a criminal group shall be punished based on all the crimes committed by the group.
A principal offender other than the one provided in the third paragraph shall be punished based on all the crimes he participated in, organized, or directed.
Article 27 A person who plays a secondary or supplementary role in a joint crime is an accomplice.
An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.
Article 28 A person who is coerced to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.
Article 29 A person who abets another in committing a crime shall be punished according to the role he plays in the joint crime. A person who abets a person under the age of 18 in committing a crime shall be subjected to a heavier punishment.
If the abetted person does not commit the instigated crime, the abettor may be given a lighter or mitigated punishment.
Section 4 Crimes Committed by an Entity
Article 30 Any company, enterprise, public institution, state organ, or organization that commits an act endangering the society that is defined in laws as a crime committed by an entity shall bear criminal liability.
Article 31 An entity shall be fined for the crime it has committed. The directly responsible persons in charge and other directly responsible persons shall also be subjected to criminal punishment. Where the Special Provisions of this Law or other laws provide otherwise, those provisions shall prevail.
Chapter III Criminal Punishment
Section 1 Types of Criminal Punishment
Article 32 Criminal punishment is classified into principal punishment and supplementary punishment.
Article 33 The types of principal punishment are as follows:
(1) non-custodial correction;
(2) short-term custody;
(3) fixed-term imprisonment;
(4) life imprisonment; and
(5) death penalty.
Article 34 The types of supplementary punishment are as follows:
(1) fines;
(2) deprivation of political rights; and
(3) confiscation of property.
Supplementary punishment may be imposed independently.
Article 35 Deportation may be imposed independently or additionally on a foreigner who commits a crime.
Article 36 Where a victim suffers economic losses as a result of a criminal act, the offender shall, in addition to being subjected to criminal punishment in accordance with the law, be sentenced to pay compensation for the economic losses according to the situation.
If an offender liable for civil compensation is also sentenced to pay a fine but his property is not sufficient to pay both, or if he is also sentenced to confiscation of property, he shall first bear the liability for civil compensation to the victim.
Article 37 Where the circumstances of a crime are minor and the imposition of a criminal punishment is not necessary, the offender may be exempted from criminal punishment; however, depending on the situation of the case, he may be given a reprimand, be ordered to make a statement of repentance, offer an apology or pay compensation for losses, or be subjected to administrative penalties or sanctions by the competent department.
Article 37a Where an offender is sentenced to criminal punishment for a crime he has committed by taking advantage of his occupation, or for violating the specific obligations required by his occupation, the people's court may, based on the situation with reference to the crime and the need for prevention of repeat offenses, prohibit him from engaging in relevant professions within 3 to 5 years, counting from the date when he finishes serving his sentence or he is released on parole.
Whoever is prohibited from engaging in certain professions but violates the decision made by the people's court according to the provisions of the preceding paragraph shall be punished by the public security organ. If the circumstances are serious, the person shall be convicted and punished in accordance with Article 313 of this Law.
Where there are prohibitive or restrictive provisions in other laws or administrative regulations governing the offender’s engagement in relevant professions, such provisions shall prevail.
Section 2 Non-Custodial Correction
Article 38 The term of non-custodial correction shall be not less than 3 months but not more than 2 years.
An offender sentenced to non-custodial correction may, according to the situation of the crime, be given an injunction restricting him from engaging in certain activities, entering certain areas or premises, or having contacts with certain persons during the term of non-custodial correction.
The offender sentenced to non-custodial correction shall be subjected to community correction in accordance with the law.
Any offender who violates the injunction prescribed in the second paragraph of this Article shall be punished by the public security organ in accordance with the Law of the People’s Republic of China on Penalties for Administration of Public Security.
Article 39 An offender sentenced to non-custodial correction shall abide by the following rules while serving his term:
(1) abiding by laws and administrative regulations and submitting himself to supervision;
(2) obtaining approval from the executing authority before exercising the rights to freedom of speech, the press, assembly, association, procession and demonstration;
(3) reporting his activities in accordance with the rules of the executing authority;
(4) observing the rules of the executing authority on meeting with visitors; and
(5) reporting to and obtaining approval from the executing authority before any departure from the city or county he lives in and for any change in residence.
An offender sentenced to non-custodial correction shall receive equal pay for equal work.
Article 40 Upon the expiration of the term of the non-custodial correction, the executing authority shall announce the termination of the non-custodial correction to the offender himself and to the entity he belongs to or the community he lives in.
Article 41 The term of non-custodial correction is calculated from the date when the judgment begins to be executed. Where an offender is already held in custody before the execution of the judgment, one day in custody is counted as two days of the term sentenced.
Section 3 Short-Term Custody
Article 42 The term of short-term custody is not less than 1 month but not more than 6 months.
Article 43 The sentence of short-term custody of an offender shall be executed by the public security organ in the vicinity.
During the period of execution, the offender sentenced to short-term custody may go home for 1 to 2 days each month. When engaged in work, he may receive an appropriate pay.
Article 44 The term of short-term custody is calculated from the date when the judgment begins to be executed. Where an offender is held in custody before the execution of the judgment, one day in custody is counted as one day of the term sentenced.
Section 4 Fixed-Term Imprisonment and Life Imprisonment
Article 45 The term of fixed-term imprisonment is not less than 6 months but not more than 15 years, except as provided in Articles 50 and 69 of this Law.
Article 46 An offender sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another execution premise; anyone who is able to work shall engage in work for the purpose of education and rehabilitation.
Article 47 The term of fixed-term imprisonment is calculated from the date when the judgment begins to be executed. Where the offender is already held in custody before the execution of the judgment, one day in custody is counted as one day of the term sentenced.
Section 5 Death Penalty
Article 48 Death penalty applies only to an offender who commits extremely serious crimes. Where the immediate execution of death sentence is not deemed necessary, a two-year reprieve may be announced at the same time the death sentence is imposed.
Except for judgments rendered by the Supreme People’s Court in accordance with the law, all death sentences shall be submitted to the Supreme People’s Court for verification and approval. A death sentence with reprieve may be decided upon or be verified and approved by a high people's court.
Article 49 Death penalty shall not be imposed upon a person under the age of 18 at the time of committing the crime or upon a woman who is pregnant at the time of trial.
Death penalty shall not be imposed upon a person aged 75 or above at the time of trial, except where he has caused the death of another person by extremely cruel means.
Article 50 Where an offender sentenced to death with reprieve commits no intentional crime during the reprieve period, his death sentence shall be commuted to life imprisonment upon the expiration of the two-year reprieve. If the offender has carried out major meritorious performance during the reprieve period, the death sentence shall be commuted to fixed-term imprisonment of 25 years upon the expiration of the two-year reprieve. If the offender commits an intentional crime with grave circumstances during the reprieve period, the death penalty shall be executed upon verification and approval by the Supreme People's Court. If, despite an intentional crime committed during the reprieve period, death penalty is not to be executed, the reprieve period shall be calculated anew and the case shall be reported to the Supreme People's Court for the record.
When imposing death with reprieve on a recidivist or an offender of intentional homicide, rape, robbery, kidnapping, arson, explosion, releasing hazardous substances, or organized violent crime, the people’s court may, based on the circumstances of the crime and other factors, concurrently decide to impose restrictions on commutation.
Article 51 The period of reprieve for the death penalty is calculated from the date when the judgment becomes final. The term of fixed-term imprisonment commuted from the death penalty with reprieve is counted from the date when the period of reprieve expires.
Section 6 Fines
Article 52 The amount of a fine shall be determined according to the circumstances of the crime.
Article 53 A fine shall be paid in a lump sum or in installments within the period specified in a judgment. If an offender fails to pay upon the expiration of that period, the fine shall be enforced. If an offender is unable to pay the fine in full, the people’s court shall demand the payment whenever it finds that he holds executable property.
If an offender truly has difficulties in paying the fine due to an irresistible calamity or for other reasons, the payment of the fine may be postponed, or the fine may be reduced as appropriate or be remitted upon a ruling of the people’s court.
Section 7 Deprivation of Political Rights
Article 54 Deprivation of political rights refers to the deprivation of the following rights:
(1) the right to vote and stand for election;
(2) the rights to freedom of speech, press, assembly, association, procession and demonstration;
(3) the right to hold a position in a state organ; and
(4) the right to hold a leading position in a state-owned company, enterprise or public institution, or a people’s organization.
Article 55 The term of deprivation of political rights is not less than 1 year but not more than 5 years, except as otherwise provided in Article 57 of this Law.
Where a sentence of deprivation of political rights is imposed as a supplementary punishment in addition to a sentence of non-custodial correction, the term of deprivation of political rights shall be as long as the term of non-custodial correction and the punishments shall be executed concurrently.
Article 56 An offender who has committed the crime of endangering national security shall be sentenced to deprivation of political rights as a supplementary punishment. An offender who has committed intentional homicide, rape, arson, explosion, poisoning, robbery, or other crimes, which seriously undermines the public order, may be sentenced to deprivation of political rights as a supplementary punishment.
Where deprivation of political rights is independently imposed upon an offender, relevant provisions in the Specific Provisions of this Law shall apply.
Article 57 An offender sentenced to death or life imprisonment shall be deprived of political rights for life.
Where death penalty with reprieve is commuted to fixed-term imprisonment or where life imprisonment is commuted to fixed-term imprisonment, the term of the imposed supplementary punishment of deprivation of political rights shall be modified into not less than 3 years but not more than 10 years.
Article 58 The term of the supplementary punishment of deprivation of political rights is calculated from the date when the execution of imprisonment or short-term custody finishes, or from the date when parole begins. Deprivation of political rights shall, as a matter of course, be in effect during the period in which the principal punishment is being executed.
An offender who is deprived of political rights shall, during the period of execution, abide by laws, administrative regulations, and relevant rules on supervision and administration made by the public security department under the State Council, and submit himself to supervision. He shall not exercise any of the rights specified in Article 54 of this Law during the period of execution.
Section 8 Confiscation of Property
Article 59 Confiscation of property refers to the confiscation of part or all of the property personally owned by an offender. Where confiscation of all the property of an offender is imposed, certain amount of property shall be set aside for basic living of the offender himself and the family members supported by him.
When a sentence of confiscation of property is imposed, the property that the family members of the offender own or are entitled to shall not be confiscated.
Article 60 Where it is necessary to use the confiscated property to repay the legitimate debts incurred by an offender before confiscation of property, these debts shall be paid at the request of the creditors.
Chapter IV Concrete Application of Criminal Punishment
Section 1 Sentencing
Article 61 Punishment to be imposed on an offender shall be determined based on the facts of the crime, the nature and circumstances of the crime and the gravity of harm to society, in accordance with the relevant provisions of this Law.
Article 62 Where the circumstances of the crime committed fit into those for a heavier or lighter punishment provided by this Law, the offender shall be sentenced within the range of the statutory punishment.
Article 63 Where the circumstances of the crime committed fit into those for a mitigated punishment provided by this Law, the offender shall be sentenced to a punishment below the statutory punishment. Where this Law provides several sentencing ranges, the punishment shall be determined within the next range of punishment below the statutorily prescribed one.
An offender not eligible for a mitigated punishment as prescribed by this Law may still, in light of the special situation of the case and with approval from the Supreme People’s Court, be sentenced to a punishment below the prescribed one.
Article 64 All property illegally obtained by an offender shall be recovered, or the offender shall be ordered to return it or pay compensation for it. The lawful property of victims shall be returned without delay. Contraband and the offender’s personal property which has been used for the commission of a crime shall be confiscated. All confiscated property and fines shall be turned over to the State Treasury and shall not be misappropriated or be dealt with without authorization.
Section 2 Recidivists
Article 65 A recidivist is an offender who has been sentenced to fixed-term imprisonment or an even heavier punishment and, within 5 years after the completion of his sentence or the granting of pardon, commits another crime punishable by fixed-term imprisonment or an even heavier punishment. A recidivist shall be subjected to a heavier punishment. However, any crime committed negligently or committed when an offender is under the age of 18 shall not be counted when the court determines whether the offender is a recidivist.
For an offender released on parole, the period prescribed in the preceding paragraph of this Article shall be calculated from the date of the expiration of the parole.
Article 66 An offender who was ever convicted of the crime of endangering national security, the crime of terrorist activities or organized crime of a gang nature and, after the completion of his sentence or the granting of pardon, commits any of the aforementioned crimes again at any time, shall be convicted and punished as a recidivist.
Section 3 Voluntary Surrender and Meritorious Performance
Article 67 Voluntary surrender means that an offender, having committed a crime, voluntarily surrenders himself and makes a truthful confession on the crime he has committed. A voluntarily surrendered offender may be subjected to a lighter or mitigated punishment, and may be exempted from punishment if the crime he has committed is a relatively minor one.
Where a criminal suspect or defendant who is under a compulsory measure or a convict who is serving his sentence makes truthful confession on another crime he committed which is still unknown to the judicial organs, he shall be considered as having voluntarily surrendered himself.
A criminal suspect who makes truthful confession may be given a lighter punishment although his confession does not fit within the definition of voluntary surrender as is provided in the preceding two paragraphs, and may be given a mitigated punishment if any especially serious consequence is avoided for his truthful confession.
Article 68 An offender who carries out meritorious performance such as reporting a criminal activity of another person which is later verified, or providing an important clue that leads to the solving of another case, may be subjected to a lighter or mitigated punishment. An offender who carries out major meritorious performance may be given a mitigated punishment or be exempted from punishment.
Section 4 Combining Punishments for Multiple Crimes
Article 69 Where a person commits more than one crime before a judgment is rendered, except where a death penalty or life imprisonment is to be imposed, the term of the sentence shall be determined as appropriate and shall be not longer than the accumulated total of terms for all crimes committed, but not shorter than the maximum punishment of all the punishments meted out respectively for the crimes committed. However, the combined term of non-custodial correction shall not exceed 3 years; the combined term of short-term custody shall not exceed 1 year; and the combined term of fixed-term imprisonment shall not exceed 20 years if the cumulative term of punishment is less than 35 years, and shall not exceed 25 years if the cumulative term of punishment is not less than 35 years.
Of the punishments imposed for multiple crimes, where there is both fixed-term imprisonment and short-term custody, fixed-term imprisonment shall be executed. Where there is both fixed-term imprisonment and non-custodial correction, or both short-term custody and non-custodial correction, non-custodial correction shall still be executed after the execution of fixed-term imprisonment or short-term custody finishes.
Where punishments imposed for multiple crimes include any supplementary punishment, the supplementary punishment shall also be executed. In the case that supplementary punishments imposed are of the same type, they shall be combined for execution and shall be executed separately if they are of different types.
Article 70 Where, after a judgment is rendered on a crime but before the sentence thereunder is completely executed, it is discovered that the convicted had committed another crime before the said judgment was rendered, for which he has not been sentenced, a judgment for the newly discovered crime shall be rendered, in which the combined punishment to be executed for this crime and the earlier crime shall be determined in accordance with the provisions of Article 69 of this Law. The term that has already been served shall be counted towards the term determined in the new judgment.
Article 71 Where, after a judgment is rendered on a crime but before the sentence thereunder is completely executed, the convicted commits another crime, a judgment for the newly committed crime shall be rendered, and the punishment to be executed shall be determined by combining the punishment for this crime and the remainder of punishment for the earlier crime in accordance with the provisions of Article 69 of this Law.
Section 5 Probation
Article 72 Probation may be granted to offenders sentenced to short-term custody or fixed-term imprisonment of not more than 3 years if all the following conditions are met, among whom those under the age of 18, pregnant women, and those at or above the age of 75 shall be granted probation:
(1) that the circumstances of the crime are relatively minor;
(2) that the offender has shown repentance;
(3) that the offender poses no risk of committing another crime; and
(4) that the granting of probation does not have a major adverse influence on the community in which the offender lives.
As probation is granted, in light of the relevant situation of the crime, the offender may be concurrently prohibited from engaging in certain activities, or entering certain areas or premises, or having contacts with certain persons during the probation period.
The supplementary punishment, if any, imposed on an offender granted probation shall still be executed.
Article 73 The period of probation for short-term custody shall be not less than the term of custody originally decided and not more than 1 year, but it shall not be less than 2 months.
The period of probation for fixed-term imprisonment shall be not less than the term of imprisonment originally decided and not more than 5 years, but it shall not be less than 1 year.
The period of probation shall begin on the date when the judgment is made final.
Article 74 Probation is not applicable to a recidivist or a ringleader of a criminal group.
Article 75 An offender on probation shall observe the following provisions:
(1) abiding by laws and administrative regulations and submitting himself to supervision;
(2) reporting his activities in accordance with the rules set by the supervising authority;
(3) obeying the rules regarding meeting visitors set by the supervising authority; and
(4) reporting to and obtaining approval from the supervising authority organ before leaving the city or county where the offender lives, or for a change of residence.
Article 76 An offender on probation shall be subjected to community correction in accordance with the law. If no circumstances as prescribed in Article 77 of this Law exist, the punishment originally decided shall no longer be executed on the expiration of the probation period and a pronouncement to this effect shall be made.
Article 77 Where an offender on probation commits a new crime or it is found that a judgment is yet to be made on another crime he had committed before the judgment granting the probation was rendered, the probation shall be revoked and a judgment shall be made on the newly committed or found crime. The punishment to be executed shall be determined combining the punishment originally decided and the punishment for the newly committed or found crime in accordance with the provisions of Article 69 in this Law.
Where an offender on probation violates laws, administrative regulations, or the provisions on the supervision and administration of probation of the relevant departments under the State Council, or violates the restraining order given in the judgment of the people’s court, the probation shall be revoked and the punishment originally imposed shall be executed where the circumstances are serious.
Section 6 Commutation
Article 78 An offender sentenced to non-custodial correction, short-term custody, fixed-term imprisonment or life imprisonment may have his sentence commuted while serving the sentence, if the offender observes prison rules, accepts education and rehabilitation, shows sincere repentance, or carries out meritorious performance. His sentence shall be reduced if he has carried out any of the following major meritorious performance:
(1) preventing a major crime from being committed by others;
(2) reporting a major criminal activity in or outside the prison, which is later verified;
(3) making an invention or a major technological innovation;
(4) rescuing others in work and daily life while risking his own life;
(5) making great contributions to fighting against a natural disaster or preventing a major accident; or
(6) making other major contributions to the state or society.
The term of the sentence actually executed after commutation may not be less than the time period listed as follows:
(1) for those sentenced to non-custodial correction, short-term custody or fixed-term imprisonment, not less than half of the term originally decided;
(2) for those sentenced to life imprisonment, not less than 13 years; and
(3) for those sentenced to death with reprieve and for whom commutation is restricted by the people’s court in accordance with the provisions of the second paragraph of Article 50 of this Law, not less than 25 years if his sentence has been reduced to life-imprisonment in accordance with the law after the expiration of the reprieve; and not less than 20 years if his sentence has been reduced to fixed-term imprisonment of 25 years after the expiration of the reprieve.
Article 79 To have the sentence of an offender commuted, the executing authority shall submit a recommendation on commutation of the sentence to an intermediate people’s court or above. The people’s court shall form a collegial panel to adjudicate and, where the offender demonstrates sincere repentance or carries out meritorious performance, render an order for commutation of the sentence. No sentence may be reduced without statutory procedures.
Article 80 The term of fixed-term imprisonment commuted from life imprisonment shall begin at the date when the order for commutation of the sentence is rendered.
Section 7 Parole
Article 81 Where an offender sentenced to fixed-term imprisonment has already served half or more of his sentence, or an offender sentenced to life imprisonment has served 13 years or longer in prison, the offender may be granted parole if he has observed the prison rules, accepted education and rehabilitation, demonstrated sincere repentance, and will no longer pose a risk of committing another crime. Under special situations, granting of parole is not subject to the aforementioned term-serving restrictions upon the approval from the Supreme People’s Court.
Parole shall not be granted to a recidivist or an offender sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, releasing hazardous substances, or organized crime of a violent nature.
As for whether to grant parole, the impact on the community where the parolee is going to live shall be taken into consideration.
Article 82 The granting of parole to an offender shall be in accordance with the procedures provided in Article 79 of this Law. No parole may be granted without statutory procedures.
Article 83 The period of parole for fixed-term imprisonment is the remaining term that has not been served; and the period of parole for life imprisonment is 10 years.
The period of parole begins on the date when the offender is released on parole.
Article 84 An offender granted parole shall observe the following provisions:
(1) abiding by laws and administrative regulations and submitting himself to supervision;
(2) reporting his activities in accordance with the rules set by the supervising authority;
(3) observing rules on meeting visitors set by the supervising authority; and
(4) reporting to and obtaining approval from the supervising authority before leaving the city or county where the parolee lives, or for a change of residence.
Article 85 A parolee shall be subjected to community correction in accordance with the law. If there is no circumstance as prescribed in Article 86 of this Law, upon the expiration of the parole period, the sentence originally imposed shall be regarded as having been served and a pronouncement to this effect shall be made.
Article 86 Where a parolee commits a new crime, the parole shall be revoked and combined punishment for multiple offenses shall be imposed in accordance with the provisions in Article 71 of this Law.
Where it is found that a parolee has not been sentenced for another crime he had committed before the judgment was rendered, the parole shall be revoked and a punishment for multiple offenses shall be imposed in accordance with the provisions in Article 70 of this Law.
Where a parolee violates laws, administrative regulations or rules on the supervision and administration of parole set by the relevant departments under the State Council, which does not constitute a new crime, the parole shall be revoked in accordance with the statutory procedures and the parolee shall be taken back to prison to serve the remaining term of the sentence.
Section 8 Limitation Period
Article 87 A crime shall no longer be prosecuted when the following periods have elapsed:
(1) 5 years, where the maximum punishment prescribed for the crime is fixed-term imprisonment of less than 5 years;
(2) 10 years, where the maximum punishment prescribed for the crime is fixed-term imprisonment of not less than 5 years but less than 10 years;
(3) 15 years, where the maximum punishment prescribed for the crime is fixed-term imprisonment of not less than 10 years; or
(4) 20 years, where the maximum punishment prescribed for the crime is life imprisonment or death penalty. If it is considered that a crime must be prosecuted after 20 years, the case shall be submitted to the Supreme People’s Procuratorate for approval.
Article 88 Where an offender evades investigation or trial after his case is filed for investigation by the people’s procuratorate, the public security organ or the state security organ, or after his case is accepted by a people’s court, the limitation period is not binding.
Where a victim brings an accusation within the limitation period, and the people’s court, the people’s procuratorate, or the public security organ fails to accept the case while it should do so, the limitation period is not binding.
Article 89 The limitation period shall begin on the date when the crime is committed. Where the criminal act is of a continuous or continuing nature, it shall begin on the date when the criminal act is completed.
If the offender commits any other crime during the limitation period, the limitation period of the former crime shall begin on the date when the new crime is committed.
Chapter V Miscellaneous Provisions
Article 90 Where the provisions of this Law are not completely applicable in an ethnic autonomous area, the people’s congress of the autonomous region or of the province concerned may formulate alternative or supplementary provisions in light of the political, economic and cultural characteristics of the local ethnic groups and in accordance with the basic principles of this Law. The provisions so formulated shall become effective after they are submitted to and approved by the Standing Committee of the National People’s Congress.
Article 91 For purposes of this Law, the term “public property” refers to the following property:
(1) state-owned property;
(2) property of collective ownership; and
(3) public donations and special funds used for poverty relief and other public welfare purposes.
Private property that is managed, used or under transportation by a state organ, a state-owned company or enterprise, an enterprise of collective ownership or a people's organization, is considered public property.
Article 92 For purposes of this Law, “private property owned by citizens” refers to the following property:
(1) the lawful incomes, savings, houses and other means of livelihood, of citizens;
(2) means of production which belong to an individual or a family in accordance with the law;
(3) property lawfully owned by individual-run industrial and commercial households or private enterprises; and
(4) shares, stocks, bonds and other property which belong to individuals in accordance with the law.
Article 93 For purposes of this Law, a “state functionary” refers to a person who performs public service in a state organ.
The following are regarded as state functionaries: persons performing public service in state-owned companies, enterprises and public institutions, and people’s organizations; persons assigned by state organs and state-owned companies, enterprises and public institutions to perform public service in non-state-owned companies, enterprises and public institutions, as well as social organizations; and other persons performing public service in accordance with the law.
Article 94 For purposes of this Law, a “judicial officer” refers to a person who performs the duty of investigation, procuratorial work, adjudication, or the relevant supervision and administration.
Article 95 For purposes of this Law, a “serious injury” refers to any of the following injuries:
(1) an injury that results in disability or disfigurement of a person;
(2) an injury that results in the loss of a person’s hearing, sight, or the function of any other organ; or
(3) any other injury that causes serious harm to a person’s physical health.
Article 96 For purposes of this Law, “violation of the state regulations” refers to any violation of laws or decisions enacted by the National People’s Congress or its Standing Committee, or administrative regulations, administrative measures, decisions or orders formulated and issued by the State Council.
Article 97 For purposes of this Law, a “ringleader” refers to an offender who plays the role of an organizer, planner, or director in a criminal group or plays such a role in a crime committed by a gathered crowd.
Article 98 For purposes of this Law, the term “to be handled only upon complaint” refers to a case that will only be handled after the victim lodges a complaint. If the victim is unable to lodge a complaint because he is under coercion or intimidation, the people’s procuratorate or the victim’s close relatives may also file the complaint.
Article 99 For purposes of this Law, “not more than”, “not less than” and “within” include the given figures themselves.
Article 100 A person who has been subjected to criminal punishment in accordance with the law shall, when being enlisted in the military or seeking employment, report truthfully to the relevant entities about the punishment he received without concealment.
A person sentenced to punishment not heavier than fix-term imprisonment of 5 years who had not reached the age of 18 at the time of committing the crime is exempted from the reporting obligation provided in the preceding paragraph.
Article 101 The General Provisions of this Law are applicable to other laws containing provisions on criminal punishment, except where it is specifically provided otherwise in those laws.
Part II Special Provisions
Chapter I Crimes of Endangering National Security
Article 102 Whoever in conspiracy with a foreign state, endangers the sovereignty, territorial integrity or security of the People's Republic of China shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years.
Whoever commits a crime as prescribed in the preceding paragraph in collusion with an overseas institution, organization or individual shall be punished according to the provisions in the preceding paragraph.
Article 103 For organizing, plotting, or carrying out any activity to split the country and undermine national unity, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; and other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Whoever incites others to split the country and undermine national unity shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights; the ringleaders or those whose crimes are grave shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 104 In organizing, plotting, or carrying out an armed rebellion or armed riot, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; and other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Whoever incites, coerces, lures, or bribes a functionary of a state organ or a member of the armed forces, people's police or militia to commit armed rebellion or armed riots shall be sentenced to a heavier punishment according to the provisions in the preceding paragraph.
Article 105 In organizing, plotting, or carrying out any activity to subvert the state power or overthrow the socialist system, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.
Whoever incites others to subvert the state power or overthrow the socialist system by spreading rumors, slandering, or any other means shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights; in the case of a ringleader or one whose crime is grave, he shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 106 Whoever colludes with an overseas institution, organization, or individual and commits a crime as prescribed in Article 103, 104, or 105 of this Chapter shall be sentenced to a heavier punishment according to the provisions in these articles respectively.
Article 107 Where a domestic or overseas institution, organization or individual provides financial support for the commission of a crime as prescribed in Article 102, 103, 104 or 105 of this Chapter, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights. Where the circumstances are serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 108 Whoever defects to an enemy and turns traitor shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are serious or where it is a case of leading a group of the armed forces, people's police, or militia to defect to an enemy and turn traitor, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 109 A functionary of a state organ who, when discharging his public duties at home, leaves his post without permission and escapes from the country as a defector, or defects as he performs public duties abroad, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
A state functionary holding state secrets who escapes from the country as a defector or defects as he is abroad shall be sentenced to a heavier punishment according to the provisions in the preceding paragraph.
Article 110 Whoever commits any of the following acts of espionage and therefore endangers national security shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years:
(1) joining an espionage organization, or accepting a mission assigned by the organization or its agent; or
(2) informing an enemy of a bombing or shelling target.
Article 111 Whoever steals, spies on, or illegally purchases or provides state secrets or intelligence for an overseas organization, institution or individual shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.
Article 112 Whoever supplies weapons, equipment or other military materials to an enemy in wartime shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 113 Whoever commits a crime of endangering national security as provided in this Chapter, if extremely serious harm is caused to the state and the people or the circumstances are extremely grave, may be sentenced to death, except for the crimes as prescribed in the second paragraph of Article 103, and in Articles 105, 107 and 109.
Whoever commits a crime as prescribed in this Chapter may concurrently be sentenced to confiscation of property.
Chapter II Crimes of Endangering Public Security
Article 114 Whoever commits arson, breaches a dike, causes an explosion, releases poisonous or radioactive substances, pathogens of infectious diseases or other substances, or employs any other dangerous means to endanger public security, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 115 Whoever commits arson, breaches a dike, causes an explosion, releases poisonous or radioactive substances, pathogens of infectious diseases or other substances, or employs any other dangerous means, therefore inflicting serious injuryx or death on another person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever negligently commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 116 Whoever sabotages a train, motor vehicle, tram, ship, or an aircraft in a manner likely to put it in danger of being overturned or destroyed, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 117 Whoever sabotages any railroad, bridge, tunnel, highway, airport, waterway, lighthouse or sign, or conducts other destructive activities in a manner likely to put any train, motor vehicle, tram, ship, or aircraft in danger of being overturned or destroyed, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 118 Whoever sabotages any electric power or gas facility or other combustible or explosive equipment, thereby endangering public security, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 119 Whoever sabotages any means of transportation, transportation infrastructure, any electric power or gas facility, or other combustible or explosive equipment, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Whoever negligently commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 120 Whoever forms or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, confiscation of property; active participants in the terrorist organization shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine; other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and may concurrently be fined.
Whoever commits a crime as prescribed in the preceding paragraph and also commits homicide, explosion, kidnapping or other crimes shall be punished in accordance with the provisions on combining punishments for multiple crimes.
Article 120a Whoever provides financial support for a terrorist organization or an individual conducting terrorist activities, or provides financial support for training for terrorist activities shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.
Whoever recruits or transports personnel for a terrorist organization, or for the purpose of conducting terrorist activities or terrorist training shall be punished in accordance with the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 120b Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property:
(1) preparing weapons, hazardous articles or other tools for conducting terrorist activities;
(2) organizing or actively participating in training for terrorist activities;
(3) contacting an overseas terrorist organization or individual for conducting terrorist activities; or
(4) plotting terrorist activities or making other preparation therefor.
Whoever commits a crime as prescribed in the preceding paragraph, which concurrently constitutes another crime shall be convicted and punished in accordance with the provisions that specify a heavier punishment.
Article 120c Whoever advocates terrorism or extremism or incites others to conduct terrorist activities by producing or distributing books, audio or video materials or other articles propagating terrorism or extremism, by providing or publicizing information, or by any other way, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.
Article 120d Whoever, by using extremism, incites or coerces the public to disrupt the marital, judicial, educational, social management or any other system established by laws shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine or confiscation of property.
Article 120e Whoever, by violence, coercion, or by any other means, forces others to wear or adorn themselves with costumes or symbols that propagate terrorism or extremism in a public place shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine.
Article 120f Whoever illegally possesses any book, audio or video materials, or any other article, knowing that the book, audio or video materials, or article propagate(s) terrorism or extremism, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Article 121 Whoever hijacks an aircraft by violence, coercion, or by any other means shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the hijacking causes serious injuries to or the death of anyone, or serious damage to the aircraft, the offender shall be sentenced to death.
Article 122 Whoever hijacks a ship or motor vehicle by violence, coercion, or by any other means shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. Where serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 123 Whoever uses violence upon personnel on board an aircraft during a flight, thereby endangering flight safety, if no serious consequence is caused, shall be sentenced to fixed-termed imprisonment of not more than 5 years or short-term custody. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 124 Whoever sabotages a radio or television broadcasting facility, or public telecommunications facility, thereby endangering public safety, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.
Whoever negligently commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 125 Whoever illegally manufactures, trades, transports, mails, or stores guns, ammunition, or explosives shall be sentenced to fixed-termed imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Whoever illegally manufactures, trades, transports or stores poisonous or radioactive substances, pathogens of infectious diseases, or other substances, thereby endangering public security, shall be punished in accordance with the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 126 An enterprise which is designated or determined in accordance with the law to manufacture or sell guns violating the regulations on gun management and committing any of the following acts shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years. Where the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; and they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment where the consequences are especially serious:
(1) manufacturing or selling guns over the quota or at variance with the given variety, for illegal sale;
(2) manufacturing guns without serial numbers, or with duplicate or fake numbers, for illegal sale; or
(3) selling guns illegally, or selling guns manufactured for export within the territory People's Republic of China.
Article 127 Whoever steals or forcibly seizes guns, ammunition or explosives, or steals or forcibly seizes poisonous or radioactive substances, pathogens of infectious diseases, or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Whoever robs others of guns, ammunition or explosives, or robs others of poisonous or radioactive substances, pathogens of infectious diseases, or other substances, thereby endangering public security, or steals or forcibly seizes guns, ammunition or explosives from a state organ, a member of the military, the police or the militia, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 128 Whoever, in violation of the regulations on gun management, illegally possesses or conceals guns or ammunition shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Where a person lawfully equipped with a gun for official use illegally leases or lends the gun, he shall be punished in accordance with the provisions in the preceding paragraph.
Where a person lawfully equipped with a gun illegally leases or lends the gun, thereby causing serious consequences, he shall be punished in accordance with the provisions in the first paragraph.
An entity committing a crime as prescribed in the second or the third paragraph of this Article shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 129 Where a person lawfully equipped with a gun for official use loses the gun and fails to report the loss in a timely manner, thereby causing serious consequences, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 130 Whoever illegally carries a gun, ammunition, a controlled knife or cutting tool, or an article of an explosive, a combustible, a radioactive, a poisonous or a corrosive nature into a public place or on public transport, thereby endangering public safety, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.
Article 131 Any aircrew member who violates rules or regulations and thereby causes a major air accident, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If it leads to an air crash or the death of any other person, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 132 A railway worker who violates rules or regulations and thereby causes a railway accident, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If especially serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 133 Whoever violates the laws or regulations on traffic and transportation and thereby causes a major accident, if it leads to serious injuries to or the death of any other person, or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the offender flees the scene after the accident or there are other extremely grave circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the fleeing causes the death of the victim of the accident, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.
Article 133a Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to short-term custody and concurrently, a fine:
(1) racing with another vehicle and the circumstances of the crime are grave;
(2) drunk driving;
(3) engaging in school bus service or passenger transport, and overloading the vehicle with passengers seriously exceeding the allowable limit or driving the vehicle at a speed seriously exceeding speed limits; or
(4) transporting hazardous chemical substances in violation of the regulations on the safety management of hazardous chemicals and thereby endangering public safety.
Where the motor vehicle owner or manager is directly responsible for an act as prescribed in Subparagraph (3) or (4) of the preceding paragraph, the owner or manager shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime shall be convicted and punished in accordance with the provisions which specify a heavier punishment.
Article 133b Whoever disrupts the normal driving of a public vehicle by using violence on its driver or grabbing the steering devices, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Where a driver as mentioned in the preceding paragraph leaves his post on the public vehicle in operation without permission and fights with or assaults others, thereby endangering public security, the driver shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be convicted and punished in accordance with the provisions which specify a heavier punishment.
Article 134 Whoever violates the regulations on safety management in production or operation, thereby causing an accident with heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are extremely grave, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever gives an order forcing another person to operate at risk in violation of rules, or continues to organize operation at risk while having clear knowledge of the latent danger which may cause a major accident but failing to remove the danger, thereby causing an accident with heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. Where the circumstances are extremely grave, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 134a Whoever, under any of the following circumstances, violates the regulations on safety management in production or operation and poses an actual danger of causing an accident with heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction:
(1) shutting down or damaging any monitoring, alarm, protection, or lifesaving equipment or facilities directly related to work safety, or tampering with, concealing, or destroying relevant data or information;
(2) refusing to implement an order of stopping production or business, stopping construction, stopping using relevant equipment, facilities or premises which is given owing to a major accident hazard, or refusing to take immediate corrective measures to remove the hazard; or
(3) without obtaining approval and licensing for matters related to work safety in accordance with the law, engaging in highly dangerous production or operation activities such as mining, metal smelting, construction, and the production, distribution, and storage of dangerous articles.
Article 135 Where the facilities or conditions for work safety fail to meet the relevant state regulations, thereby causing an accident with heavy casualties or causing other serious consequences, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are extremely grave, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 135a Where a large-scale public activity is conducted in violation of regulations on safety management, thereby causing an accident with heavy casualties or causing other serious consequences, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are extremely grave, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 136 Whoever violates the regulations on the control of articles of an explosive, a combustible, a radioactive, a poisonous or a corrosive nature, thereby causing a major accident in production, storage, transportation, or use of these articles, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 137 Where a developer, a design entity, a construction entity, or an engineering supervision entity, in violation of the state regulations, lowers the quality standards of a project, thereby causing a major accident, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Where the consequences are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
Article 138 For failing to take measures to remove a known danger in a school building or an educational or a teaching facility, or failing to report the matter in time, thereby causing a major accident with heavy casualties, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the consequences are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 139 For refusing to implement the notice to take corrective measures given by the supervision organ for fire prevention and control in violation of the regulations on fire prevention and control, thereby causing serious consequences, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the consequences are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 139a Whoever with the duty to report fails to report or knowingly makes a false report after the occurrence of an accident, thus delaying the rescue, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Chapter III Crimes of Undermining Order of Socialist Market Economy
Section 1 Crimes of Manufacturing and Selling Fake and Substandard Goods
Article 140 Where a producer or seller mixes products with inferior or adulterated products or passes off fake products as genuine ones, defective products as good ones, or substandard products as quality ones, if the sales revenue reaches an amount of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody, with a fine of not less than half but not more than twice the amount of the sales revenue, or shall be sentenced to a fine on the said scale only. Where the sales revenue reaches an amount of not less than RMB 200,000 yuan but not more than RMB 500,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, with a fine of not less than half but not more than twice the amount of the sales revenue. Where the sales revenue reaches an amount of not less than RMB 500,000 yuan but not more than RMB 2 million yuan, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, with a fine of not less than half but not more than twice the amount of the sales revenue. Where the sales revenue reaches an amount of not less than RMB 2 million yuan, the offender shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, with a fine of not less than half but not more than twice the amount of the sales revenue or confiscation of property.
Article 141 Whoever produces or sells fake medicine shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. Where any serious harm is caused to human health or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Where it causes the death of any person or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death, and concurrently, a fine or confiscation of property.
Where an employee of an entity dispensing medicine knowingly provides fake medicine for another person, the employee shall be punished in accordance with the provisions in the preceding paragraph.
Article 142 Whoever produces or sells substandard medicine, thereby causing serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Where the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property.
Where an employee of an entity dispensing medicine knowingly provides substandard medicine for another person for use, the employee shall be punished in accordance with the provisions in the preceding paragraph.
Article 142a Whoever violates the laws or regulations on medicine administration and falls under any of the following circumstances, which is likely to cause serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where any serious harm is caused to human health or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine:
(1) producing or selling the medicine which is prohibited from use by the medical products administration under the State Council;
(2) producing or importing medicine without obtaining relevant approval documents, or knowingly selling such medicine;
(3) applying for medicine registration by providing fake certificates, data, materials, or samples, or by any other deceptive means; or
(4) fabricating production or inspection records.
Whoever commits a crime as prescribed in the preceding paragraph, which concurrently constitutes another crime provided in Article 141 or 142 of this Law or any other crime, shall be convicted and punished in accordance with the provisions which specify a heavier punishment.
Article 143 Whoever produces or sells food that does not meet food safety standards, which is likely to cause a serious food poisoning accident or any other serious foodborne disease, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. Where serious harm is caused to human health or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. Where the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine or confiscation of property.
Article 144 Whoever adds toxic or harmful non-food ingredients to food that he produces or sells or whoever knowingly sells food that is mixed with such ingredients shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. Where serious harm is caused to human health or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. Where any death is caused or there are other especially serious circumstances, the offender shall be punished in accordance with the provisions in Article 141 of this Law.
Article 145 Whoever produces medical devices or medical hygiene products that do not meet the national or industry standards for safeguarding human health, or knowingly sells such items, which is likely to cause serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than half but not more than twice the amount of the sales revenue. Where serious harm is caused to human health, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than half but not more than twice the amount of the sales revenue. Where the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than half but not more than twice the amount of the sales revenue or confiscation of property.
Article 146 Whoever produces electrical appliances, pressure ships, explosive or combustible products or other products, which do not meet the national or industry standards for protecting human or property safety, or knowingly sells such products, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years, with a fine of not less than half but not more than twice the amount of the sales revenue. Where the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, with a fine of not less than half but not more than twice the amount of the sales revenue.
Article 147 Whoever produces fake pesticides, veterinary medicine or chemical fertilizers, or knowingly sells pesticides, veterinary medicine, chemical fertilizers or seeds which are fake or are no longer effective, or passes off substandard pesticides, veterinary medicine, chemical fertilizers or seeds as quality ones, thereby causing relatively heavy losses in production, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody with a fine of not less than half but not more than twice the amount of the sales revenue, or shall be sentenced to a fine on the said scale only. If heavy losses in production are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than half but not more than twice the amount of the sales revenue. If extremely heavy losses in production are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine of not less than half but not more than twice the amount of the sales revenue or confiscation of property.
Article 148 Whoever produces cosmetics which do not meet hygiene standards, or knowingly sells such cosmetics, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than half but not more than twice the amount of the sales revenue, or shall be sentenced to a fine on the said scale only.
Article 149 Whoever produces or sells a product as prescribed in Articles 141 to 148 of this Section with the sales revenue standing at or exceeding RMB 50,000 yuan, which, however, does not constitute a crime under the aforementioned articles, shall be convicted and punished in accordance with the provisions in Article 140 of this Section.
Whoever commits a crime under Articles 141 to 148 of this Section by producing or selling a product as prescribed in the aforementioned articles, which concurrently constitutes another crime provided in Article 140 of this Law, shall be convicted and punished in accordance with the provisions which specify a heavier punishment.
Article 150 An entity committing a crime as prescribed in Articles 140 to 148 of this Section shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article.
Section 2 Crimes of Smuggling
Article 151 Whoever smuggles weapons, ammunition, nuclear materials, or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine or confiscation of property. Where the circumstances are especially serious, the offender shall be sentenced to life imprisonment and confiscation of property. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Whoever smuggles cultural relics, gold, silver or any other precious metal, the export of which is prohibited by the state, or smuggles rare animals or the products made thereof or therefrom, the import or export of which is prohibited by the state, shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, confiscation of property. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine.
Whoever smuggles rare plants or the products made thereof or therefrom, or other goods or articles, the import or export of which is prohibited by the state, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
An entity committing a crime as prescribed in this Article shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding paragraph of this Article.
Article 152 Whoever, for the purpose of making profits or dissemination, smuggles pornographic movies, videotapes, audiotapes, pictures, books or journals, or other pornographic materials shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine.
Whoever transports solid, liquid or gaseous waste into the territory of the People’s Republic of China by evading the supervision and control of the customs, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine, or shall be sentenced to a fine only. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding two paragraphs of this Article shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding two paragraphs.
Article 153 Whoever smuggles goods or articles other than those as mentioned in Articles 151, 152 and 347 shall be punished based on the gravity of the circumstances according to the following provisions respectively:
(1) whoever smuggles goods or articles and evades a relatively large amount of payable duties, or commits smuggling again after being subjected to administrative penalty twice for smuggling within a year, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than the amount of payable duties evaded but not more than five times the amount of payable duties evaded;
(2) whoever smuggles goods or articles, if the amount of payable duties evaded is large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than the amount of payable duties evaded but not more than five times the amount of payable duties evaded; or
(3) whoever smuggles goods or articles, if the amount of payable duties evaded is especially large or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than the amount of payable duties evaded but not more than five times the amount of payable duties evaded, or with confiscation of property.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years.
Where a smuggler has smuggled goods or articles several times but has not been dealt with, the smuggler shall be punished on the basis of the cumulative amount of the payable duties evaded in these smuggling cases.
Article 154 Whoever commits any of the following acts of smuggling, which constitutes a crime according to the provisions in this Section, shall be convicted and punished in accordance with the provisions in Article 153 of this Law:
(1) without approval from the customs and without paying the payable duties, selling for profits within the territory of the People's Republic of China bonded goods approved for import to be used in processing, assembly, and compensatory trade, including raw and processed materials, parts, finished products, and equipment; or
(2) without approval from the customs and without paying the payable duties, selling for profits within the territory of the People's Republic of China specific imported goods or articles with reduced duties or tax exemption.
Article 155 Whoever commits any of the following acts shall be convicted of the crime of smuggling and be punished in accordance with the relevant provisions in this Section:
(1) directly and illegally purchasing from smugglers articles, the import of which is prohibited by the state, or directly and illegally purchasing from smugglers other smuggled goods or articles, with a relatively large value;
(2) transporting, purchasing or selling goods or articles, the import or export of which is prohibited by the state, in inland seas, territorial waters, or boundary rivers or lakes; or transporting, purchasing or selling without legal certificates, goods or articles, the import or export of which is restricted by the state, with a relatively large value.
Article 156 Whoever colludes with smugglers and provides them with loans, funds, accounts, invoices, or documents of proof, or with conveniences such as transportation, storage, or mailing services, shall be convicted and punished as an accomplice in smuggling.
Article 157 Whoever provides armed escorts for smuggling shall be given a heavier punishment in accordance with the provisions in the first paragraph of Article 151 of this Law.
Whoever resists, by means of violence or threat, the investigation of smuggling shall be convicted of the crime of smuggling and the crime of obstructing functionaries of a state organ in performing their duty in accordance with the law which is prescribed in Article 277 of this Law, and be punished in accordance with the provisions on combining punishments for multiple crimes.
Section 3
Crimes of Disrupting Order of Company and Enterprise Management
Article 158 Whoever deceives the competent company registration department and falsely declares the registered capital by using false documents of proof or other deceptive means, thus obtaining the company registration certificate, if the amount of the registered capital falsely declared is large, the consequences are serious, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than 1 percent but not more than 5 percent of the registered capital falsely declared; or shall be sentenced to a fine on the said scale only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 159 A company promoter or shareholder who, in violation of the provisions in the Company Law, makes a false capital contribution by failing to deliver the promised cash or tangible assets or to transfer property rights, or withdraws the contributed capital after the incorporation of the company, if the amount involved is large, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than 2 percent but not more than 10 percent of the amount of his fake capital contribution or the capital contribution withdrawn; or shall be sentenced to a fine on the said scale only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 160 Whoever, when issuing stocks, corporate or enterprise bonds, depositary receipts, or other securities recognized by the State Council in accordance with the law, conceals important facts or fabricates major information in the prospectus for stocks, share subscription form, prospectus for corporate or enterprise bonds, or other issuance documents, if the amount involved is large, the consequences are serious or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where the amount involved is especially large, the consequences are especially serious or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
A controlling shareholder or an actual controller who organizes or gives instructions for the commission of an act as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than 20 percent but not more than the amount of the illegally raised fund; or shall be sentenced to a fine on the said scale only. Where the amount involved is especially large, the consequences are especially serious, or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine of not less than 20 percent but not more than the amount of the illegally raised fund.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined not less than 20 percent but not more than the amount of the illegally raised fund, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph of this Article.
Article 161 Where a company or an enterprise obligated to disclose information in accordance with the law provides its shareholders and the general public with an accounting report which is false or conceals important facts, or fails to disclose according to the applicable regulations other important information that shall be disclosed in accordance with the law, thereby seriously harming the interests of the shareholders or other persons, or there being other serious circumstances, its directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where the circumstances are especially serious, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
A controlling shareholder or an actual controller of a company or an enterprise as prescribed in the preceding paragraph who commits, organizes or instructs others to commit an act as prescribed in the preceding paragraph, or conceals the relevant information, which results in the occurrence of the circumstances as prescribed in the preceding paragraph, shall be punished in accordance with the provisions in the preceding paragraph.
Where the controlling shareholder or actual controller committing a crime as prescribed in the preceding paragraph is an entity, the entity shall be fined, and its directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph of this Article.
Article 162 Where, in the process of liquidation, a company or an enterprise conceals its assets, records false information in its balance sheet or asset list, or distributes the assets of the company or enterprise prior to full payment of its debts, thereby seriously harming the interests of the creditors or others, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan; or shall be sentenced to a fine on the said scale only.
Article 162a Whoever conceals or deliberately destroys accounting vouchers, accounting books or accounting reports that shall be preserved in accordance with the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan; or shall be sentenced to a fine on the said scale only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 162b Where a company or an enterprise transfers or disposes of its assets by concealing assets, undertaking fabricated debts or any other means and goes through false bankruptcy, thereby seriously harming the interests of the creditors or others, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan; or shall be sentenced to a fine on the said scale only.
Article 163 Where an employee of a company, an enterprise, or any other entity, taking advantage of his position, solicits or illegally accepts money or other forms of property from others as a price of providing benefits, if the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the amount involved is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the employee shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine.
Where an employee of a company, an enterprise or any other entity, in violation of the relevant state regulations, takes advantage of his position and accepts kickbacks or service charges of any form in economic activities and takes them into his own possession, he shall be punished in accordance with the provisions in the preceding paragraph.
Where a person engaged in public duties in a state-owned company, enterprise or any other state-owned entity, or a person delegated by a state-owned company or enterprise or any other state-owned entity to a non-state-owned company or enterprise or any other non-state-owned entity to engage in public duties commits an act as prescribed in the preceding two paragraphs, the person shall be convicted and punished in accordance with the provisions in Articles 385 and 386 of this Law.
Article 164 Whoever, for seeking illicit benefits, gives money or other forms of property to an employee of a company, an enterprise or any other entity, if the amount of the money or other forms of property thus given is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the amount of money or other forms of property thus given is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Whoever, for seeking illicit commercial benefits, gives money or other forms of property to a public official of a foreign country or of a public international organization shall be punished according to the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and its directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
A briber who voluntarily confesses to his bribery before being prosecuted may be given a mitigated punishment or be exempted from punishment.
Article 165 A director of the board or manager of a state-owned company or enterprise who, taking advantage of his office, operates for himself or another person the same business as that of the company or enterprise in which he holds a position, and obtains illegal benefits, if the amount involved is large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
Article 166 An employee of a state-owned company, enterprise, or public institution who, taking advantage of his position, commits any of the following acts, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine:
(1) turning operation of the profitable business of the state-owned company, enterprise, or the public institution over to his relatives or friends;
(2) purchasing commodities from an entity operated and managed by his relatives or friends at a price manifestly higher than the market price, or selling commodities to an entity operated and managed by his relatives or friends at a price manifestly lower than the market price; or
(3) purchasing substandard commodities from an entity operated and managed by his relatives or friends.
Article 167 Where in the process of signing or fulfilling a contract, a person of a state-owned company, enterprise or public institution, who is directly in charge is defrauded due to serious remissness in his duty, thereby causing heavy losses to the interests of the state, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 168 Where an employee of a state-owned company or enterprise causes the bankruptcy of or heavy losses to the company or enterprise due to serious remissness in his duty or abuse of his office, if heavy losses are caused to the interests of the state, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If extremely heavy losses are caused to the interests of the state, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
An employee of a state-owned public institution committing a crime as prescribed in the preceding paragraph, thereby causing heavy losses to the interests of the state, shall be punished in accordance with the provisions in the preceding paragraph.
An employee of a state-owned company, enterprise or public institution practicing favoritism and irregularities and committing a crime as prescribed in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions in the first paragraph.
Article 169 Where a person who is directly in charge of a state-owned company or enterprise, or a department superior to and in charge of such companies or enterprises practices favoritism and irregularities and converts state-owned assets to shares at a low price or sells the assets at a low price, thereby causing heavy losses to the interests of the state, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where extremely heavy losses are caused to the interests of the state, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 169a Where a director of the board, supervisor or senior manager of a listed company, in violation of his fiduciary duty to the company, takes advantage of his office and manipulates the company to engage in any of the following acts, thereby causing heavy losses to the interests of the company, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where extremely heavy losses are caused to the interests of the company, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine:
(1) providing funds, commodities, services or other assets for another entity or individual for free;
(2) providing or accepting funds, commodities, services or other assets under obviously unfair conditions;
(3) providing funds, commodities, services or other assets for an entity or individual that obviously does not have the ability of repayment;
(4) providing a guaranty for an entity or individual that obviously does not have the ability of repayment, or providing a guaranty for an entity or individual without a justifiable reason;
(5) waiving the creditor’s right or undertaking a debt without a justifiable reason; or
(6) harming the interests of the listed company by any other means.
Where a controlling shareholder or an actual controller of a listed company instructs a director of the board, supervisor, or senior manager of the listed company to commit an act as prescribed in the preceding paragraph, the controlling shareholder or actual controller shall be punished in accordance with the provisions in the preceding paragraph.
Where the controlling shareholder or actual controller of the listed company which commits a crime as prescribed in the preceding paragraph is an entity, the entity shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Section 4
Crimes of Undermining Order of Financial Management
Article 170 Whoever counterfeits currency shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine; and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property under any of the following circumstances:
(1) being a ringleader of a currency-counterfeiting organization;
(2) having counterfeited currency in an especially large amount; or
(3) there being other especially serious circumstances.
Article 171 Whoever sells or purchases counterfeit currency or knowingly transports counterfeit currency, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
An employee of a bank or any other financial institution who purchases counterfeit currency or, by taking advantage of his position, exchanges counterfeit currency for genuine one, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. Where the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, or confiscation of property. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only.
Whoever counterfeits currency and sells or transports the currency counterfeited shall be convicted and given a heavier punishment in accordance with the provisions in Article 170 of this Law.
Article 172 Whoever knowingly possesses or uses counterfeit currency, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only. If the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
Article 173 Whoever alters the currency, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only. If the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan.
Article 174 Whoever, without approval from the competent departments of the state, establishes any commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company, or any other financial institution, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, or shall be sentenced to a fine on the said scale only. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan.
Whoever forges, alters or transfers the business license or any other approval document of any commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or any other financial institution shall be punished in accordance with the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the first paragraph.
Article 175 Whoever, for the purpose of making profits, fraudulently obtains funds via credit from a financial institution and relends them to another at a higher rate, if the amount of illegal gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than the amount of but not more than five times the illegal gains. If the amount of illegal gains is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than the amount of but not more than five times the illegal gains.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.
Article 175a Whoever obtains a loan, an acceptance of a negotiable instrument, a letter of credit, or a letter of guarantee, etc., from a bank or any other financial institution by deceptive means, thereby causing heavy losses to the bank or this financial institution, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where extremely heavy losses are caused to the bank or this financial institution or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 176 Whoever illegally absorbs savings from the public or does so in a disguised form, thereby disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. Where the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Whoever commits an act as prescribed in the preceding two paragraphs but proactively returns the illegally obtained savings or makes compensation to mitigate the damage before being prosecuted may be given a lighter or mitigated punishment.
Article 177 Whoever forges or alters a financial document or instrument under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, or shall be sentenced to a fine on the said scale only. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property:
(1) forging or altering a bill of exchange, promissory note or cheque;
(2) forging or altering any other bank settlement document, such as a certificate of entrusted collection of payments, a certificate of remittance, and a certificate of bank deposits;
(3) forging or altering a letter of credit or a bill or document attached to a letter of credit; or
(4) forging a credit card.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 177a Whoever hinders the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only. Where the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan:
(1) knowingly possessing or transporting a forged credit card, or knowingly possessing or transporting a relatively large quantity of forged blank credit cards;
(2) illegally holding a relatively large quantity of credit cards of others;
(3) obtaining a credit card by using a false identity certification; or
(4) selling, purchasing, or providing others with forged credit cards or credit cards obtained with false identity certifications.
Whoever steals, purchases or illegally provides credit card information of others shall be punished in accordance with the provisions in the preceding paragraph.
An employee of a bank or any other financial institution who, by taking advantage of his position, commits a crime as prescribed in the second paragraph shall be given a heavier punishment.
Article 178 Whoever forges or alters any certificate of treasury securities or other securities issued by the state, where the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, or shall be sentenced to a fine on the said scale only. Where the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. Where the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
Whoever forges or alters certificates of shares, enterprise bonds, or corporate bonds, where the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only. Where the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding two paragraphs.
Article 179 Whoever, without approval from the competent departments of the state, issues shares, enterprise bonds, or corporate bonds, where the amount involved is large, the consequences are serious, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than 1 percent but not more than 5 percent of the illegally raised funds, or shall be sentenced to a fine on the said scale only.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 180 Where an insider who holds inside information on securities or futures transactions or a person who illegally obtains such information, prior to the release of the information related to the issuance of securities, transactions of securities or futures, or other information that has a significant impact on the transaction prices of the securities or futures, buys or sells such securities, engages in the futures transaction related to the inside information, leaks such information, or explicitly or implicitly advises others to engage in the aforesaid transaction activities, the insider or this person shall, where the circumstances are serious, be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and, concurrently, a fine of not less than the amount of but not more than five times the illegal gains, or shall be sentenced to a fine on the said scale only. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than the amount of but not more than five times the illegal gains.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Inside information and insiders as mentioned above shall be determined in accordance with the relevant laws and administrative regulations.
A practitioner of any stock exchange, futures exchange, securities company, futures brokerage company, fund management company, commercial bank, insurance company or any other financial institution, or an employee of the relevant regulatory department or industry association who, in violation of the relevant regulations, by using undisclosed information other than inside information which the offender has learned by virtue of his position, engages in securities or futures transactions involving the said information, or explicitly or implicitly advises another person to engage in the relevant transaction activities, where the circumstances are serious, shall be punished in accordance with the provisions in the first paragraph.
Article 181 Whoever fabricates and spreads false information that affects securities or futures transactions, thereby disrupting the securities or futures market and causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only.
A practitioner of a stock exchange, futures exchange, securities company, or futures brokerage company, or an employee of the securities industry association, the futures industry association or the relevant securities and futures regulatory department who deliberately provides false information, or forges, alters or destroys transaction records in order to induce investors to buy or sell securities or futures contracts, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, or shall be sentenced to a fine on the said scale only. Where the circumstances are extremely grave, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.
Article 182 Whoever manipulates the securities or futures market, thereby affecting the prices or quantities of securities or futures transactions by the following means, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine:
(1) carrying out combined or successive purchases or sales independently or in collusion with other persons by building up an advantage in terms of funds, shareholding, position, or information;
(2) colluding with other persons to trade securities or futures at preconcerted time and price through preconcerted method;
(3) trading securities between accounts actually controlled by himself, or trading futures contracts with himself as the counterpart;
(4) placing and withdrawing orders of securities or futures contracts frequently or in a large volume without the intent of filling the order;
(5) inducing investors to conduct securities or futures trading using false or uncertain material information;
(6) making public evaluations, forecasts or investment recommendations on certain securities or issuers, or certain underlying assets, while making reverse securities or futures trading; or
(7) using other means to manipulate the securities or futures markets.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 183 An employee of an insurance company who, taking advantage of his position, intentionally fabricates a non-existing accident and settles a false claim thereupon, thereby obtaining the insurance proceeds for his own possession, shall be convicted and punished in accordance with the provisions in Article 271 of this Law.
An employee of a state-owned insurance company or a person assigned by a state-owned insurance company to perform public duties in a non-state-owned insurance company committing an act as prescribed in the preceding paragraph shall be convicted and punished in accordance with the provisions in Articles 382 and 383 of this Law.
Article 184 An employee of a bank or any other financial institution who, in conducting financial business, solicits or illegally accepts money or other forms of property from others as a price of providing benefits, or, in violation of the relevant state regulations, accepts kickbacks or service charges under various names and takes them into his own possession, shall be convicted and punished in accordance with the provisions in Article 163 of this Law.
An employee of a state-owned financial institution or a person assigned by a state-owned financial institution to perform public duties in a non-state-owned financial institution committing an act as prescribed in the preceding paragraph shall be convicted and punished in accordance with the provisions in Articles 385 and 386 of this Law.
Article 185 An employee of any commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or any other financial institution who, by taking advantage of his position, misappropriates funds belonging to the said institution or its customers shall be convicted and punished in accordance with the provisions in Article 272 of this Law.
An employee of a state-owned commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or any other state-owned financial institution or a person assigned by a state-owned commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or any other state-owned financial institution to perform public duties in a non-state-owned institution as listed in the preceding paragraph committing an act as prescribed in the preceding paragraph shall be convicted and punished in accordance with the provisions in Article 384 of this Law.
Article 185a Any commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or any other financial institution that, in violation of its fiduciary duty, uses the funds of its customers or other entrusted property, or trust property, if the circumstances are serious, shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than RMB 30,000 yuan but not more than RMB 300,000 yuan. Where the circumstances are especially serious, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan.
Where a social security fund management institution, a housing provident fund management institution or any other public fund management institution, or an insurance company, an insurance asset management company, or a securities investment fund management company uses funds in violation of the relevant state regulations, the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 186 An employee of a bank or any other financial institution who grants loans in violation of the relevant state regulations, where the amount involved is large or heavy losses are caused, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan. Where the amount involved is especially large or extremely heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan.
An employee of a bank or any other financial institution who grants loans to his connections in violation of the relevant state regulations shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding two paragraphs.
The connections mentioned above shall be determined in accordance with the Law of the People's Republic of China on Commercial Banks and the relevant financial regulations.
Article 187 An employee of a bank or any other financial institution who absorbs funds from its customers without entering these funds into the corresponding account book of the bank or this financial institution, where the amount involved is large or heavy losses are caused, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. Where the amount involved is especially large or extremely heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 188 An employee of a bank or any other financial institution who, in violation of the relevant regulations, issues to others letters of credit or other letters of guarantee, negotiable instruments, certificates of deposits, or certificates of financial standing, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 189 An employee of a bank or any other financial institution who, in dealing with instruments, accepts, pays for, or provides a guarantee for negotiable instruments which do not conform to the provisions in the Law on Negotiable Instruments, thereby causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. Where extremely heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 190 A company, an enterprise, or any other entity that, in violation of the relevant state regulations, deposits foreign exchange overseas without authorization, or illegally transfers foreign exchange overseas, where the amount involved is relatively large, shall be fined not less than 5 percent but not more than 30 percent of the amount of the evaded foreign exchange, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. Where the amount is large or there are other serious circumstances, the entity shall be fined not less than 5 percent but not more than 30 percent of the amount of the evaded foreign exchange, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 191 Where a person commits any of the following acts to cover up or conceal the source or nature of the gains, as well as the proceeds derived therefrom, of drug-related crime, organized crime of a gang nature, crime of terrorism, crime of smuggling, crime of corruption or bribery, crime of undermining the order of financial management, or crime of financial fraud, the aforesaid criminal gains and proceeds derived therefrom shall be confiscated and in the meantime, the offender shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine:
(1) providing bank accounts;
(2) converting property into cash, negotiable instruments, or securities;
(3) transferring funds by remittance or in any other manner of payment and settlement;
(4) transferring assets across the border; or
(5) covering up or concealing, by any other means, the source and nature of criminal gains and proceeds.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Section 5 Crimes of Financial Fraud
Article 192 Whoever, for the purpose of illegal possession, unlawfully raises funds by fraudulent means, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the amount involved is large or if there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine or confiscation of property.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 193 Whoever, for the purpose of illegal possession, commits any of the following acts to defraud a bank or any other financial institution of loans, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property:
(1) fabricating a cause, such as attracting investment and introducing a project;
(2) using a false economic contract;
(3) using a false document of proof;
(4) using a false certificate of property right as a guaranty, or repeatedly using the same property as guaranties in excess of its value; or
(5) obtaining loans by any other fraudulent means.
Article 194 Whoever commits fraud in relation to negotiable instruments in any of the following ways, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property:
(1) knowingly using a forged or an altered bill of exchange, promissory note or cheque;
(2) knowingly using an invalidated bill of exchange, promissory note or cheque;
(3) using a bill of exchange, promissory note or cheque in the name of another person or entity without authorization;
(4) issuing a rubber cheque or a cheque on which the seal is not in conformity with the reserved specimen seal, in order to obtain money or other forms of property; or
(5) in the capacity of a drawer, issuing a bill of exchange or promissory note not backed by funds, or falsely specifying the particulars thereon at the time of issue, in order to obtain money or other forms of property.
Whoever uses a forged or an altered bank settlement document, such as the certificate of entrusted collection of payments, the certificate of remittance and the certificate of deposits, shall be punished in accordance with the provisions in the preceding paragraph.
Article 195 Whoever commits fraud in relation to a letter of credit in any of the following ways shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property:
(1) using a forged or an altered letter of credit, or a forged or an altered bill or document attached to a letter of credit;
(2) using an invalidated letter of credit;
(3) obtaining a letter of credit by fraud; or
(4) committing fraud in relation to a letter of credit by any other means.
Article 196 Whoever commits credit card fraud in any of the following ways, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) using a forged credit card, or using a credit card obtained with a false identity certification;
(2) using an invalidated credit card;
(3) using another’s credit card without authorization; or
(4) malicious overdraft.
“Malicious overdraft" as mentioned in the preceding paragraph refers to the situation where a credit card holder who, for the purpose of illegal possession, draws the account beyond the limit or defaults in paying the debt, and still refuses to make the repayment after the issuing bank gives a notice urging him to pay.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions in Article 264 of this Law.
Article 197 Whoever commits fraud by using forged or altered certificates of treasury bonds or any other securities issued by the state, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
Article 198 Whoever commits insurance fraud in any of the following ways, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan or confiscation of property:
(1) a policyholder obtaining insurance proceeds through deliberate falsification of the subject matter of the insurance;
(2) a policyholder, an insured or a beneficiary obtaining insurance proceeds by fabricating the cause of an accident or overstating the extent of losses;
(3) a policyholder, an insured or a beneficiary obtaining insurance proceeds by making up an accident that never occurred;
(4) a policyholder or an insured obtaining insurance proceeds by deliberately causing an accident which results in property damage; or
(5) a policyholder or a beneficiary obtaining proceeds by deliberately causing the death, disability or illness of the insured.
Whoever commits a crime listed in Subparagraph (4) or (5) of the preceding paragraph, which concurrently constitutes another crime, shall be punished in accordance with the provisions on combining punishments for multiple crimes.
An entity committing a crime as prescribed in the first paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the amount involved is especially large or there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years.
Any insurance appraiser, witness or property assessor of an accident who deliberately provides false documents of proof, thus facilitating others in committing insurance fraud, shall be convicted as an accomplice and be punished as such.
Article 199 (repealed)
Article 200 An entity committing a crime as prescribed in Article 194 or 195 of this Section shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and may concurrently be fined. If the amount involved is large or there are other serious circumstances, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine.
Section 6
Crimes of Undermining Administration of Tax Collection
Article 201 A taxpayer who files a false tax return or fails to file a tax return by means of deception or concealment to evade taxes, if the amount of evaded tax is relatively large and accounts for not less than 10 percent of the total payable taxes, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the amount of evaded tax is large and accounts for not less than 30 percent of the total payable taxes, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and concurrently, a fine.
Where a withholding agent, by using a means as prescribed in the preceding paragraph, fails to pay or underpays the taxes which this agent has withheld or collected, if the amount involved is relatively large, the withholding agent shall be punished in accordance with the provisions in the preceding paragraph.
Whoever has committed acts as prescribed in the preceding two paragraphs multiple times but has not been dealt with for such acts shall be punished on the basis of the cumulative total tax evaded.
Whoever has committed an act as prescribed in the first paragraph, but has paid the taxes in arrears and the surcharge thereon after receiving a recovery notice issued by the tax authorities in accordance with the law, and has already been subjected to an administrative penalty, shall not be held criminally liable except when, within the last 5 years, the person has received criminal punishment for tax evasion or has been given an administrative penalty by the tax authorities twice or more times for tax evasion.
Article 202 Whoever resists paying taxes by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than the amount of but not more than five times the amount of the tax he resists to pay. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than the amount of but not more than five times the amount of the tax he resists paying.
Article 203 Any taxpayer who fails to pay the payable tax and transfers or conceals property, as a result of which the tax authorities are unable to collect the tax in arrears, if the amount of the delinquent tax is not less than RMB 10,000 yuan but not more than RMB 100,000 yuan, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than the amount of the delinquent tax but not more than five times the amount, or shall be sentenced to a fine on the said scale only. If the amount of the delinquent tax is over RMB 100,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than the amount of the delinquent tax but not more than five times the amount.
Article 204 Whoever, by filing a false export declaration or by any other deceptive means, obtains from the state an export tax refund, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, with a fine of not less than the amount obtained by fraud but not more than five times the amount. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, with a fine of not less than the amount obtained by fraud but not more than five times the amount. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than the amount obtained by fraud but not more than five times the amount, or confiscation of property.
Any taxpayer who, after paying the taxes, adopts a deceptive means as prescribed in the preceding paragraph to obtain a tax refund shall be convicted and punished in accordance with the provisions in Article 201 of this Law, and for the amount obtained by fraud that exceeds what has been paid, the offender shall be punished in accordance with the provisions in the preceding paragraph.
Article 205 Whoever makes out false value-added tax invoices or other false invoices to obtain an export tax refund or to offset payable taxes shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the amount of the taxes indicated in the false invoices is relatively large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the amount of the taxes indicated in the false invoices is large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
An entity committing a crime as prescribed in this Article shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the amount of the taxes indicated in the false invoices is relatively large or there are other serious circumstances, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the amount of the taxes indicated in the false invoices is large or there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Making out false value-added tax invoices or any other false invoices to obtain an export tax refund or to offset payable taxes refers to the act of making out such false invoices for another or for oneself, asking another to make out such false invoices for oneself, or recommending another to make out such false invoices.
Article 205a Whoever makes out false invoices other than those specified in Article 205 of this Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 206 Whoever forges value-added tax invoices or sells forged ones shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the number of invoices or the amount of taxes indicated is relatively large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the number of invoices or the amount of taxes indicated is large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
An entity committing a crime as prescribed in this Article shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the number of invoices or the amount of taxes indicated is relatively large or there are other serious circumstances, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the number of invoices or the amount of taxes indicated large or there are other especially serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Article 207 Whoever illegally sells value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the number of invoices or the amount of taxes indicated is relatively large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the number of invoices or the amount of taxes indicated is large, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
Article 208 Whoever illegally purchases value-added tax invoices or purchases forged value-added tax invoices shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan, or shall be sentenced to a fine on the said scale only.
Whoever, after illegally purchasing value-added tax invoices or purchasing forged value-added tax invoices, makes out such invoices or sells them shall be convicted and punished in accordance with the provisions in Article 205, 206 or 207 of this Law correspondingly.
Article 209 Whoever forges, or makes without authorization, other invoices which can be used to obtain an export tax refund or to offset payable taxes, or sells such invoices shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, with a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. If the number of invoices or the amount of taxes indicated is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the number of invoices involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan or confiscation of property.
Whoever forges, or makes without authorization, invoices other than the ones specified in the preceding paragraph, or sells the said invoices shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction, and concurrently, a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, or shall be sentenced to a fine on the said scale only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, with a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan.
Whoever illegally sells other invoices which can be used to obtain an export tax refund or to offset payable taxes shall be punished in accordance with the provisions in the first paragraph.
Whoever illegally sells invoices other than the ones specified in the third paragraph shall be punished in accordance with the provisions in the second paragraph.
Article 210 Whoever steals value-added tax invoices or other invoices which can be used to obtain an export tax refund or to offset payable taxes shall be convicted and punished in accordance with the provisions in Article 264 of this Law.
Whoever obtains, by fraudulent means, value-added tax invoices or other invoices which can be used to obtain an export tax refund or to offset payable taxes shall be convicted and punished in accordance with the provisions in Article 266 of this Law.
Article 210a Whoever knowingly holds a relatively large number of forged invoices shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the number of invoices or the amount of taxes indicated is large, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, and concurrently, a fine.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph.
Article 211 An entity committing a crime as prescribed in Article 201, 203, 204, 207, 208 or 209 of this Section shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article of this Section.
Article 212 Whoever commits a crime as prescribed in Articles 201 to 205 and is sentenced to a fine or confiscation of property shall be so punished after the tax authorities have recovered the delinquent tax and the fraudulent export tax refund.
Section 7
Crimes of Infringing on Intellectual Property Rights
Article 213 Whoever, without permission of the right holder of a registered trademark, uses a trademark representation which is identical with the registered trademark on the same kind of commodities or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Article 214 Whoever knowingly sells counterfeit commodities bearing another’s registered trademark, if the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine, or shall be sentenced to a fine only. If the amount of illegal gains is large, or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Article 215 Whoever forges, or makes without authorization of the right holder, representations of a registered trademark, or sells such representations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
Article 216 Whoever uses the patent of another without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 217 Whoever, for the purpose of making profits, commits any of the following acts infringing on copyrights or copyright-related rights, if the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine, or shall be sentenced to a fine only. If the amount of illegal gains is large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine:
(1) reproducing, distributing, or disseminating to the public through information network the written works, music, works of fine arts, audiovisual works, computer software, or other works prescribed by laws or administrative regulations, without permission of the copyright owner;
(2) publishing a book of which the exclusive right of publication is enjoyed by another;
(3) reproducing, distributing, or disseminating to the public through information network a sound or video recording, without permission of the producer;
(4) reproducing or distributing sound or video recordings of a performance or making the performance available to the public through information network, without permission of the performer;
(5) producing or selling a work of fine art with a forged signature of a painter; or
(6) intentionally circumventing or destroying the technological measures which are adopted by a copyright owner or copyright-related right holder to protect the copyright or copyright-related rights on a work or on a sound or video recording, etc., without permission of the copyright owner or copyright-related right holder.
Article 218 Whoever, for the purpose of making profits, knowingly sells works reproduced which infringe on the copyright or copyright-related rights as mentioned in Article 217 of this Law, if the amount of illegal gains is large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine, or shall be sentenced to a fine only.
Article 219 Whoever commits any of the following acts infringing on business secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine:
(1) obtaining a right holder’s business secrets by theft, bribing, fraud, coercion, electronic intrusion, or by any other unjustifiable means;
(2) disclosing, using, or allowing another to use the business secrets obtained from the right holder by the means as mentioned in the preceding paragraph; or
(3) disclosing, using, or allowing another to use the business secrets one has learned, by breaching his confidentiality obligation or by going against the right holder’s demand for keeping said business secrets confidential.
Whoever, knowing that the business secrets fall under the circumstances specified in the preceding paragraph, obtains, discloses, uses, or allows another to use such business secrets, shall be deemed an offender who infringes on business secrets.
Right holders as mentioned in this Article refer to the owner of business secrets and the authorized users of the business secrets.
Article 219a Whoever acquires through theft or spying, or illegally purchases or provides business secrets for an overseas institution, organization or individual shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
Article 220 An entity committing a crime as prescribed in Articles 213 to 219a of this Section shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article of this Section.
Section 8
Crimes of Disrupting Market Order
Article 221 Whoever fabricates facts and spreads misinformation to damage another’s business goodwill or commodity reputation, if heavy losses are caused to the victim or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 222 Any advertiser, advertisement agency, or advertisement publisher that, in violation of the state regulations, promotes commodities or services by false advertising, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 223 Bidders who act in collusion with each other in offering bid prices, thus harming the interests of a bid-inviter or of other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Where a bidder and a bid-inviter act in collusion with each other in a bidding, thus harming the lawful interests of the state, the collective, or citizens, they shall be punished in accordance with the provisions in the preceding paragraph.
Article 224 Whoever, when concluding or performing a contract, commits any of the following acts to defraud the other party of money or other forms of property for the purpose of illegal possession, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the amount involved is large or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If the amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property:
(1) signing a contract in the name of a non-existent entity, or in the name of someone else without authorization;
(2) offering as a guaranty a forged, an altered, or an invalidated negotiable instrument or any other false property right certificate;
(3) inducing the other party to continue to sign and perform a contract by way of fulfilling part of the contract or a contract of small value, while having no fulfilling ability;
(4) absconding after receiving the goods, payment for goods, advanced payments, or property as a guaranty from the other party; or
(5) defrauding the other party of money or other forms of property by any other means.
Article 224a Whoever obtains money or other forms of property at the price of disrupting economic and social order by organizing or leading pyramid selling activities that are conducted under the guise of business activities of selling goods, providing services, or the like, in which people are demanded to pay fees or purchase goods or services, etc., in order to join as members, and are arranged in a hierarchy according to a certain order, with their remuneration or the return of profits directly or indirectly based on the number of new members they bring in, so that they are induced or even coerced to continue to introduce others as new members, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.
Article 225 Whoever, in violation of the state regulations, commits any of the following illegal acts in business operation, thus disrupting market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less than the amount of illegal gains but not more than five times the amount, or shall be sentenced to a fine on the said scale only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, with a fine of not less than the amount of illegal gains but not more than five times the amount, or confiscation of property:
(1) dealing, without permission, in goods that are designated by laws or administrative regulations to be operated or sold in a monopoly way, or in other goods the trading of which is restricted;
(2) buying or selling an import or export license, certificate of origin, or any other business license or approval paper prescribed by laws or administrative regulations;
(3) illegally conducting stock, futures or insurance business, or illegally engaging in payment and settlement business, without approval from the competent department of the state; or
(4) any other illegal act in business operation that seriously disrupts market order.
Article 226 Whoever commits any of the following acts by violence or threat, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine:
(1) forcing another to buy or sell commodities;
(2) forcing another to provide or accept services;
(3) forcing another to participate in or withdraw from bidding or auction;
(4) forcing another to transfer or acquire shares, bonds, or other assets of a company or an enterprise; or
(5) forcing another to participate in or withdraw from specific business activities.
Article 227 Whoever counterfeits train or ship tickets, stamps or other tickets of value or resells such tickets or stamps for profits, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction, and concurrently, a fine of not less than the value of the tickets but not more than five times the value, or shall be sentenced to a fine on the said scale only. If the amount involved is large, the offender shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, with a fine of not less than the value of the tickets but not more than five times the value.
Whoever resells train or ship tickets for profits, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine of not less than the value of the tickets but not more than five times the value, or shall be sentenced to a fine on the said scale only.
Article 228 Whoever, in violation of the provisions in laws or regulations on land administration, illegally transfers or resells the land-use right to make profits, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine of not less than 5 percent but not more than 20 percent of the transaction price, or shall be sentenced to a fine on the said scale only. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than 5 percent but not more than 20 percent of the transaction price.
Article 229 An employee of an intermediary agency undertaking the duty of asset appraisal, capital verification, validation, accounting, auditing, serving as a sponsor, or providing legal service, safety evaluation, environmental impact assessment, environmental monitoring, etc. who deliberately provides false documents of proof, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine:
(1) providing a false document of proof on asset appraisal, accounting, auditing or legal service, a false sponsor letter, or other false documents of proof related to the issuance of securities, and the circumstances are especially serious;
(2) providing a false document of proof on asset appraisal, accounting or auditing, or other false documents of proof related to major asset transactions, and the circumstances are especially serious; or
(3) providing a false document of proof on safety evaluation, environmental impact assessment, or the like for a major project or program which concerns public safety, thus causing extremely heavy losses to public property or the interests of the state or the people.
Whoever commits a crime in the preceding paragraph and, in the meantime, solicits or illegally accepts money or other forms of property from another, which also constitutes a crime, shall be convicted and sentenced according to the provisions which specify a heavier punishment.
Whoever as mentioned in the first paragraph is seriously remiss in his duty and produces a document of proof that contains a major misrepresentation, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 230 Whoever, in violation of the provisions in the Law on Import and Export Commodity Inspection, evades commodity inspection and sells or uses the import goods without due inspection by any commodity inspection agency, or exports goods yet to be proven qualified through due inspection by the commodity inspection agency, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 231 An entity committing a crime as prescribed in Articles 221 to 230 of this Section shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the corresponding article of this Section.
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