Chapter V Crimes Against Property

Article 263 Whoever commits a robbery by taking away public property or private property by violence, coercion or any other method shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine. If there is any of the following 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:

(1) intruding into another person’s residence to rob;

(2) robbing on public transport;

(3) robbing a bank or any other financial institution;

(4) committing robbery several times or committing a robbery for a large amount of property;

(5) causing serious injuries to or the death of another person in the course of robbery;

(6) impersonating a serviceperson or police officer in robbery;

(7) robbing with a gun; or

(8) committing a robbery for military materials or materials for emergency rescue, disaster relief or social relief.

Article 264 Whoever steals a relatively large amount of public or private property, or commits theft several times, or commits burglary, or steals or pickpockets with a weapon, 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. 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.

Article 265 Whoever, for the purpose of making profits, connects a telecommunications line with that of another without authorization, duplicates the telecommunications code or number of others, or uses the telecommunications equipment or device despite knowing that it is connected or duplicated without authorization, shall be convicted and punished in accordance with the provisions in Article 264 of this Law.

Article 266 Whoever obtains public or private property by fraud, if the amount involved is relatively large, 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. 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. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.

Article 267 Whoever forcibly seizes a relatively large amount of public or private property, or forcibly seizes another’s property several times, 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. 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.

Whoever commits forcible seizure of another’s property with weapons shall be convicted and punished in accordance with the provisions in Article 263 of this Law.

Article 268 In case of attending a gathering and looting public or private property, if the amount involved is relatively large or there are other serious circumstances, the ringleaders and the active participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If the amount involved is large or there are other especially serious circumstances, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.

Article 269 Whoever commits a crime of theft, fraud or forcible seizure of another’s property, and uses violence or threats to use violence at the scene in order to conceal booty, resist arrest, or destroy criminal evidence, shall be convicted and punished in accordance with the provisions in Article 263 of this Law.

Article 270 Whoever unlawfully takes possession of another person’s money or other forms of property which is placed under the former’s custody and refuses to return it, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or a fine. 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 2 years but not more than 5 years, and concurrently, a fine.

Whoever unlawfully takes possession of an object which another person has forgotten about or buried, and refuses to return it, if the value involved is relatively large, shall be punished in accordance with the provisions of the preceding paragraph.

The crime prescribed in this Article shall be handled only upon private prosecution.

Article 271 An employee of a company, an enterprise, or any other entity who, by taking advantage of his position, unlawfully takes possession of money or other forms of property of the entity, 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. 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. 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.

Where a person who performs public duty in a state-owned company or enterprise or any other state-owned entity, or a person who is assigned 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 perform public duty, commits an act as prescribed in the preceding paragraph, he shall be convicted and punished in accordance with the provisions in Articles 382 and 383 of this Law.

Article 272 An employee of a company, an enterprise, or any other entity who, by taking advantage of his position, misappropriates funds of the entity for personal use or lending them to another person, if the amount involved is relatively large and the funds are not returned after 3 months, or the funds are returned within 3 months but the amount involved is relatively large and the funds are used for profitable activities, or the funds are used for illegal activities, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the amount of misappropriated funds of the entity is large, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.

Whoever performing public duty in a state-owned company or enterprise or any other state-owned entity, or whoever assigned 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 perform public duty, commits an act as prescribed in the preceding paragraph, shall be convicted and punished in accordance with the provisions in Article 384 of this Law.

Whoever commits an act as prescribed in the first paragraph of this Article but returns the misappropriated funds before being prosecuted may be given a lighter or mitigated punishment. If the crime is relatively minor, the offender may be given a mitigated punishment or be exempted from punishment.

Article 273 In case of misappropriation of funds or materials that are allocated for disaster relief, emergency rescue, flood prevention and control, support for servicepersons with disabilities or for families of martyrs and servicepersons, aid to the poor, migration, or social relief, if the circumstances are serious, and major harm is caused to the interests of the state and the people, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are especially serious, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 274 Whoever extorts a relatively large amount of public or private property or extorts property several times 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. 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, and concurrently, a fine.

Article 275 Whoever intentionally destroys public or private property, if the amount involved is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or a fine. If the amount involved 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 7 years.

Article 276 Whoever, for giving vent to spite or retaliation or out of other personal motives, sabotages production or business operation by destroying machines or equipment, injuring or slaughtering farm animals, or by other means, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. 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.

Article 276a Whoever evades paying workers their wages by transferring property, absconding or other means, or refuses to pay workers their wages while he has the ability to do so, if the amount involved is relatively large, and the offender still refuses to pay after being ordered to do so by the relevant government department, 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 it causes serious consequences, 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.

Whoever commits an act as prescribed in the preceding two paragraphs but has not caused serious consequences may be given a mitigated punishment or be exempted from punishment if the offender, before being publicly prosecuted, pays the workers their wages due and bears the corresponding liability for compensation in accordance with the law.

 Chapter VI Crimes of Obstructing Administration of Public Order

Section 1 Crimes of Disrupting Public Order

Article 277 Whoever, by means of violence or threat, obstructs a functionary of a state organ in the performance of his duty in accordance with the law shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.

Whoever, by means of violence or threat, obstructs a deputy of the National People's Congress or a local people's congress in the performance of the deputy duty in accordance with the law shall be punished in accordance with the provisions in the preceding paragraph.

Whoever, by means of violence or threat, obstructs Red Cross staff members in the performance of their duty in accordance with the law in a natural disaster or an emergency shall be punished in accordance with the provisions in the first paragraph.

Whoever, without resorting to violence or threat, intentionally obstructs a national security organ or public security organ, in the execution of a national security task in accordance with the law, thereby causing serious consequences, shall be punished in accordance with the provisions in the first paragraph.

Whoever assaults a police officer in the performance of his duty in accordance with the law shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If the offender seriously endangers the personal safety of a police officer with a gun, or a controlled knife or cutting tool, by driving a motor vehicle and trying to crash him, or by other means, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 278 Whoever incites people to resist by violence the enforcement of laws and administrative regulations shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If 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 279 Whoever impersonates a functionary of a state organ to defraud another person shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If 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.

Whoever impersonates a police officer to defraud another person shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

Article 280 Whoever forges, alters, trades or steals, forcibly seizes, or destroys official documents, certificates or seals of a state organ 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 concurrently, a fine. If 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, and concurrently, a fine.

Whoever forges the seal of a company, an enterprise, a public institution or a people’ organization 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 concurrently, a fine.

Whoever forges, alters, or trades residents’ identity cards, passports, social security cards, driving licenses, or other certificates that can be used as proof of identity in accordance with the law, 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 concurrently, a fine. 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, and concurrently, a fine.

Article 280a Whoever, in activities in which the proof of his identity is required in accordance with the state regulations, uses a forged or an altered resident’s identity card, passport, social security card, driving license or any other forged or altered certification of identity, or steals and uses another person’s certification as mentioned above, if the circumstances are serious, shall be sentenced to short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.

Whoever commits an act as prescribed in the preceding paragraph, which constitutes two or more crimes, shall be punished in accordance with the provisions that specify a heavier punishment.

Article 280b Whoever, by taking another person’s place, steals or uses the person’s identity, and obtains the admission qualification of higher academic education, the recruitment qualification to be a civil servant, or employment resettlement treatment, 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 organizes and abets another person to commit an act as prescribed in the preceding paragraph shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

A state functionary who commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions on combing punishments for multiple crimes.

Article 281 Whoever unlawfully produces or trades police uniforms, police vehicle number plates, or other specialized police signs, equipment, or weapons, 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.

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 282 Whoever unlawfully obtains state secrets by stealing, spying, or illegally purchasing such secrets shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. 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.

Whoever unlawfully possesses any document, material or another article that is classified as a secret or top secret of the state, and refuses to explain its source and use, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.

Article 283 Whoever unlawfully produces or sells specialized espionage equipment or devices, or specialized equipment or devices for eavesdropping or covert photography 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. 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, 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 284 Whoever unlawfully uses specialized equipment or devices for eavesdropping or covert photography, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term custody, or non-custodial correction.

Article 284a Whoever organizes cheating in a national examination provided by law 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 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.

Whoever provides cheating equipment or other assistance for another person to commit a crime as prescribed in the preceding paragraph shall be punished in accordance with the provisions in the preceding paragraph.

Whoever unlawfully sells or provides the examination questions or answers for another person for cheating in an examination mentioned in the first paragraph, shall be punished in accordance with the provisions in the first paragraph.

Whoever takes an examination mentioned in the first paragraph in someone else’s place or asks others to take such an examination for him shall be sentenced to short-term custody or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.

Article 285 Whoever, in violation of the state regulations, hacks into a computer information system involving state affairs, national defense, or cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Whoever, in violation of the state regulations, hacks into any computer information system other than those prescribed in the preceding paragraph, or employs any other technical means to obtain the data stored or processed in, or transmitted via such a computer information system, or implements unlawful control of such a computer information system, 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.

Whoever provides programs or tools designated for hacking into or unlawfully controlling computer information systems, or knowingly provides programs or tools for another person to commit a criminal or any other illegal act of hacking into or unlawfully controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.

An entity committing a crime as prescribed in the preceding three 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 corresponding paragraph.

Article 286 Whoever, in violation of the state regulations, deletes, modifies, adds to, or interferes with the functions of a computer information system, thereby causing the failure of the system, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Whoever, in violation of the state regulations, deletes, modifies, or adds to the data or application programs stored or processed in, or transmitted via a computer information system, which causes serious consequences, shall be punished in accordance with the provisions in the preceding paragraph.

Whoever intentionally produces or spreads any computer virus or other harmful program, thereby affecting the normal operation of a computer system, if the consequences are serious, shall be punished in accordance with the provisions in the first paragraph.

An entity committing a crime as prescribed in the preceding three 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 286a Where a network service provider fails to fulfill the information and network security management obligations prescribed by laws and administrative regulations, and refuses to obey the order to take corrective measures by the regulatory authorities, if there is any of the following circumstances, 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, or shall be sentenced to a fine only:

(1) causing the extensive spread of illegal information;

(2) causing the leakage of user information, which results in serious consequences;

(3) causing the loss of evidence in criminal cases, and where the circumstances are serious; or

(4) there being other serious circumstances.

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 a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.

Article 287 Whoever uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets, or any other crime shall be convicted and punished in accordance with the relevant provisions of this Law.

Article 287a Whoever uses information networks to commit any of the following acts, 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:

(1) setting up websites or communication groups for committing fraud, teaching methods of committing a crime, producing or selling prohibited or controlled items or carrying out other illegal and criminal activities;

(2) publishing information about the production or sale of narcotic drugs, guns, pornographic materials, or other prohibited or controlled items, or publishing any other illegal information; or

(3) releasing information for carrying out fraud or other illegal activities.

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 first paragraph.

Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.

Article 287b Whoever, knowing that another person is committing or is going to commit a crime by using information networks, still provides the person with technical support such as internet access, server hosting, network storage, communications and transmission, or provides assistance in advertising or promotion, or payment and settlement, etc., 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.

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 first paragraph.

Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.

Article 288 Whoever, in violation of the state regulations, sets up and uses a radio station or occupies radio frequencies without authorization, thereby interfering with the normal operation of radio communications, if the consequences 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. 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.

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 289 Whoever attends a gathering and “fights, smashes, or loots”, thereby causing injury to, disability of or the death of another person, shall be convicted and punished in accordance with the provisions in Articles 234 and 232 of this Law. If public or private property is thereby destroyed or looted, the offender shall be ordered to return or make compensation for such property; and in the case of a ringleader, he shall also be convicted and punished in accordance with the provisions in Article 263 of this Law.

Article 290 In case of attending a gathering and disrupting public order, and the circumstances being so serious that work, production, business operation, teaching, scientific research or medical services cannot go on, if heavy losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; and other active 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.

In case of attending a gathering and assaulting a state organ, which causes the state organ to be unable to carry on its work and thereby results in heavy losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; and other active participants shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.

Whoever disrupts the working order of a state organ several times and fails to correct after being subjected to an administrative penalty, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.

Whoever repeatedly organizes or subsidizes others for unlawful gathering, thereby disrupting public order, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.

Article 291 A ringleader who gathers a crowd that disrupt the order in a public place, such as a station, dock, civil airport, shopping mall, park or theater, a fair or an exhibition, or a stadium, block or otherwise disrupt traffic, or prevent an officer of public security administration from carrying out his duty or obstruct the officer in the performance of the duty in accordance with the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction.

Article 291a Whoever releases fake explosive, poisonous or radioactive substances, fake pathogens of infectious diseases, or other fake substances, or fabricates such information as any explosive, biochemical or radiation exposure threat, or deliberately spreads information that may cause terror and which the offender knows is fabricated, thereby seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction. If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Whoever fabricates information of a false emergency, epidemic, disaster, or situation that needs police involvement, and spreads such information via the internet or other media, or deliberately spreads via the internet or other media the abovementioned information which he knows is fake, thereby seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If 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 291b Whoever throws an object from a building or any other place at height, if the circumstances are serious, 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.

Whoever commits a crime as prescribed in the preceding paragraphs, which concurrently constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.

Article 292 In case of attending a gathering and fighting, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If there is any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years:

(1) attending a gathering and fighting several times;

(2) a large number of people gathering and engaging in large-scale fighting, which brings a bad social influence;

(3) gathering and fighting in a public place or a traffic artery, thereby causing serious chaos; or

(4) gathering and fighting with weapons.

Where gathering and fighting cause serious injuries or death, the offenders shall be convicted and punished in accordance with the provisions in Article 234 or Article 232 of this Law.

Article 293 Whoever commits any of the following acts of provoking troubles, thereby disrupting public order, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction:

(1) randomly assaulting another person, where the circumstances are grave;

(2) chasing, intercepting, insulting, or threatening another person, where the circumstances are grave; 

(3) forcibly taking, or arbitrarily damaging or taking into his possession public or private property, where the circumstances are serious; or

(4) causing a disturbance in a public place, which leads to serious chaos there.

Whoever gathers others and commits an act as prescribed in the preceding paragraph several times, thereby seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and may concurrently be fined.

Article 293a Whoever, in any of the following circumstances, collects unlawful debts of usurious lending or other unlawful debts, 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:

(1) using violence or coercion;

(2) restricting the personal freedom of another person or breaking into another person's residence; or

(3) threatening, stalking, or harassing another person.

Article 294 Whoever organizes or leads an organization of a gang nature shall be sentenced to fixed-term imprisonment of not less than 7 years and confiscation of property; the active participants of the organization shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and may concurrently be sentenced to a fine or confiscation of property; and other participants of the organization 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 sentenced to a fine.

A member of an overseas criminal gang who recruits members within the territory People's Republic of China shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

A functionary of a state organ who harbors an organization of a gang nature or connives at criminal and other illegal activities carried out by such an organization shall be sentenced to fixed-term imprisonment of not more than 5 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Whoever committing a crime as prescribed in the preceding three paragraphs also commits another crime shall be punished in accordance with the provisions of combining punishments for multiple crimes.

An organization of a gang nature shall have all the following characteristics:

(1) being a relatively stable criminal organization with a large number of people, clear organizers and leaders, and basically fixed key members;

(2) obtaining economic benefits through criminal or other illegal activities or other means in an organized way and being financially capable of conducting activities;

(3) committing organized criminal and other illegal activities several times by violence, threat or other means, doing evil things, and bullying and brutalizing people; and

(4) through conducting criminal or other illegal activities, or being harbored by or with the connivance of a state functionary, bullying around in a certain place and taking unlawful control over or having significant influence in a certain area or industry, thereby seriously disrupting the order of economic and social order.

Article 295 Whoever teaches another person methods of committing a crime shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction. If 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. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 296 Where a rally, procession, or demonstration is held when there is no application for it beforehand in accordance with the law, or when the application therefor is not approved, or when it does not comply with the time to start or finish, places, or routes permitted by the competent authority, and the order to dismiss the crowd is not obeyed, thereby seriously disrupting public order, the person in charge of the rally, procession, or demonstration and 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.

Article 297 Whoever, in violation of laws and regulations, participates in a rally, procession, or demonstration with a weapon or controlled knife or explosives, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.

Article 298 Whoever disrupts, assaults, or by other means disrupts a rally, procession, or demonstration held in accordance with the law, thereby disturbing the public order, 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 299 Whoever intentionally desecrates the National Flag or the National Emblem of the People's Republic of China by burning, destroying, defacing, defiling or trampling on it in a public place 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 intentionally alters the lyrics or melody of the National Anthem of the People's Republic of China in a public place, plays or sings the National Anthem in a distorted or derogatory way, or desecrates the National Anthem in any other way, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.

Article 299a Whoever smears the reputation or besmirches the honor of a hero or martyr through insults or slander or otherwise, thereby impairing social and public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.

Article 300 Whoever organizes or exploits a secret society or an evil organization, a cult, or a superstitious belief to undermine the enforcement of laws and administrative regulations 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 circumstances 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. If the circumstances are relatively minor, the offender 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 concurrently, a fine, or shall be sentenced to a fine only.

Whoever organizes or exploits a secret society or an evil organization, a cult, or a superstitious belief to deceive another person, thereby causing serious injuries to or the death of another person, shall be punished in accordance with the provisions in the preceding paragraph.

Whoever committing a crime as prescribed in the first paragraph also commits another crime such as rape or fraud shall be punished in accordance with the provisions of combining punishments for multiple crimes.

Article 301 In case of attending a gathering to conduct obscene activities, the ringleaders, and those who participate in such activities several times shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction.

Whoever induces a minor to participate in the aforementioned obscene activities shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

Article 302 Whoever steals, insults, or intentionally destroys a corpse, a skeleton, or cremains shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.

Article 303 Whoever gathers people to gamble or makes a business out of gambling for the purpose of making profits 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 operates a casino shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine. If 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.

Whoever organizes citizens of the People's Republic of China to gamble overseas, if the amount involved is large or there are other serious circumstances, shall be punished in accordance with the provisions in the preceding paragraph.

Article 304 A postal worker who, being seriously remiss in his duty, intentionally delays the delivery of mail, thereby causing heavy losses to public property or the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.

Section 2 Crimes of Obstructing Justice

Article 305 Any witness, expert witness, recorder, or translator in criminal proceedings, who intentionally provides false testimony, expert opinions, records, or translation which are material to the proceedings, intending to frame others or conceal criminal evidence, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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.

Article 306 Where any defender or agent ad litem in criminal proceedings destroys or forges evidence, assists a client in destroying or forging evidence, or intimidates a witness into changing testimony deviating from the truth or committing perjury or induces a witness to commit any of the aforementioned acts, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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.

The circumstance where the witness testimony or other evidence provided, presented, or quoted by a defender or an agent ad litem is inaccurate but not deliberately forged shall not be considered forgery of evidence.

Article 307 Whoever, by violence, threat, bribery or other means, hinders a witness from testifying or asks another person to commit perjury shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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.

Whoever assists a client in destroying or forging evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

A judicial officer who commits a crime as prescribed in the preceding two paragraphs shall be given a heavier punishment.

Article 307a Whoever brings a civil suit with fabricated facts, thereby obstructing judicial order or seriously infringing on the legitimate rights and interests of another person, 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. 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, 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 a crime as prescribed in the first paragraph and unlawfully takes possession of another person's property or evades lawful debts, which constitutes another crime, shall be convicted and punished in accordance with the provisions that specify a heavier punishment.

A judicial officer who, by taking advantage of his office, jointly commits a crime as prescribed in the preceding three paragraphs with another person shall be given a heavier punishment. If the act also constitutes another crime, the judicial officer shall be convicted and punished in accordance with the provisions which specify a heavier punishment.

Article 308 Whoever retaliates against a witness shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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.

Article 308a Any judicial officer, defender, or agent ad litem, or any other participant in the proceedings who leaks information that should not be made public in a case that is not tried in public in accordance with the law, thereby resulting in the spread of such information or other serious consequences, 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.

Whoever commits an act as prescribed in the preceding paragraph and leaks state secrets shall be convicted and punished in accordance with the provisions in Article 398 of this Law.

Whoever publicly discloses or reports the case information prescribed in the first paragraph, if the circumstances are serious, shall be punished in accordance with the provisions in the first paragraph.

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 first paragraph.

Article 309 Whoever disrupts the order in the courtroom, which falls under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine:

(1) disrupting or attacking a courtroom with others;

(2) assaulting a judicial officer or a participant in the proceedings;

(3) insulting, slandering, or threatening a judicial officer or a participant in the proceedings, and refusing to obey the order of the court to cease such an act, thereby seriously disrupting the order in the courtroom; or

(4) destroying the facilities of the courtroom, forcibly seizing, or destroying legal documents or evidence, or engaging in other activities of disrupting the order in the courtroom, and the circumstances are serious.

Article 310 Whoever knowingly provides a criminal with a hiding place or property, assists the criminal in absconding, or gives false testimony to harbor the criminal shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If 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.

Whoever conspires with another person before committing a crime as prescribed in the preceding paragraph shall be convicted and punished as an accomplice.

Article 311 Whoever, knowing that a person has committed a criminal act of espionage, terrorism or extremism, refuses to provide relevant information or evidence upon the investigation of the judicial organ, 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.

Article 312 Whoever knowingly hides, transfers, purchases, sells for another person, or covers up or conceals by other means criminal gains and the proceeds derived therefrom 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. 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, 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 313 Whoever refuses to submit himself to the enforcement of the judgment or ruling of the people’s court when capable, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or a fine. 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.

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 of the preceding paragraph.

Article 314 Whoever conceals, transfers, sells, or intentionally destroys the property that has been sealed, seized, or frozen by a judicial organ, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or a fine.

Article 315 A criminal placed in custody in accordance with the law who commits any of the following acts against the custodial order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years:

(1) assaulting a custodial officer;

(2) organizing other persons in custody to disrupt the custodial order;

(3) disrupting the custodial order with others and causing a disturbance; or

(4) assaulting or physically abusing another person in custody, or abetting someone else to assault or physically abuse another person in custody.

Article 316 A criminal, defendant, or criminal suspect placed in custody in accordance with the law who escapes from custody shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.

Whoever takes away by force a criminal, defendant, or criminal suspect under escort shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.

Article 317 A ringleader who organizes a jailbreak and other active participants shall be sentenced to fixed-term imprisonment of not less than 5 years; and other participants shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.

A ringleader who riots to escape from prison or gathers armed individuals to raid a jail and other active participants shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. If the circumstances are especially serious, the aforesaid offenders shall be sentenced to death; and other participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Section 3 Crimes of Obstructing National Border (Frontier) Administration

Article 318 Whoever organizes other persons to unlawfully cross the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, and concurrently, a fine. If there is any of the following 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:

(1) being the ringleader of a group that organizes unlawful crossing of the national border (frontier);

(2) organizing several times other persons to unlawfully cross the national border (frontier), or organizing a large number of persons to do so;

(3) causing serious injuries to or the death of the persons organized to unlawfully cross the national border (frontier);

(4) depriving the persons organized to unlawfully cross the national border (frontier) of personal freedom or restricting their personal freedom;

(5) resisting inspection by means of violence or threat;

(6) the amount of illegal gains being large; or

(7) other especially serious circumstances.

Whoever commits a crime as prescribed in the preceding paragraph, and kills, injures, rapes, abducts or traffics in, or commits any other crime against any of the persons organized to unlawfully cross the national border (frontier), or kills, injures, or commits any other crime against an inspector, shall be punished in accordance with the provisions on combining punishments for multiple crimes.

Article 319 Whoever, in the name of labor export, commerce and trade, etc., fraudulently obtains passports, visas or other documents for exit, and uses them for organizing other persons to unlawfully cross the national border (frontier), shall be sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine. If 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, 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 320 Whoever provides others with forged or altered passports, visas, or other documents for exit or entry, or sells passports, visas, or other documents for exit or entry, shall be sentenced to fixed-term imprisonment of not more than 5 years, 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 321 Whoever transports other persons for unlawfully crossing the national border (frontier) shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine. If there is 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) committing the act of transporting people for the aforementioned purpose several times or transporting a large number of people for the aforementioned purpose;

(2) the ships, vehicles or other means of transport used for such transportation failing to meet the necessary safety requirements, which is likely to cause serious consequences;

(3) the amount of illegal gains is large; or

(4) other especially serious circumstances.

Whoever causes serious injuries to or the death of the persons being transported, or resists inspection by means of violence or threat while transporting such persons for unlawfully crossing the national border (frontier) shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine.

Whoever commits a crime as prescribed in the preceding two paragraphs and kills, injures, rapes, abducts or traffics in, or commits any other crime against the persons being transported, or kills, injures, or commits any other crime against an inspector, shall be punished in accordance with the provisions on combining punishments for multiple crimes.

Article 322 Whoever, in violation of the laws or regulations on national border (frontier) administration, unlawfully crosses the national border (frontier), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction, and concurrently, a fine. If the offender unlawfully crosses the national border (frontier) for participating in a terrorist organization, receiving training for terrorist activities, or committing an act of terrorism, the offender shall be sentenced to fixed-term imprisonment of not less than 1 year but not more than 3 years, and concurrently, a fine.

Article 323 Whoever intentionally destroys a boundary tablet, boundary pillar, or permanent survey marker on the national border shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Section 4 Crimes of Obstructing the Management of Cultural Relics

Article 324 Whoever intentionally destroys a precious cultural relic under state protection or a site classified as a national key protection relic or provincial-level protection relic, 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 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.

Whoever intentionally destroys a site of historical and cultural interest that is under state protection, 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, or shall be sentenced to a fine only.

Whoever negligently damages or destroys a precious cultural relic that is under state protection, or a site classified as a national key protection relic or provincial-level protection relic, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 325 Whoever, in violation of the laws or regulations on the protection of cultural relics, sells or presents as a gift a precious cultural relic the export of which is prohibited by the state to a foreigner without authorization, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and may concurrently be fined.

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 326 Whoever, for the purpose of making profits, sells a cultural relic the trade of which is prohibited by the state, 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. If 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.

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 327 Where any state-owned museum, library or other entity, in violation of the laws or regulations on the protection of cultural relics, sells or presents as a gift a cultural relic under state protection which is in its collections, to a non-state-owned entity or an individual without authorization, the entity 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 328 Whoever illegally excavates ancient cultural heritage sites or ancient tombs of historical, artistic or scientific value 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 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. If there is any of the following 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) illegally excavating an ancient cultural heritage site or ancient tomb that is identified as a national key cultural protection relic or provincial level cultural protection relic;

(2) being the ringleader of a group that engages in illegally excavating ancient cultural heritage sites or ancient tombs;

(3) illegally excavating ancient heritage cultural sites or ancient tombs several times; or

(4) illegally excavating an ancient cultural heritage site or ancient tomb, and plundering precious cultural relics therein or causing serious damage to precious cultural relics.

Whoever illegally excavates a fossil of the ancient human or animal which is of scientific value and is under state protection shall be punished in accordance with the provisions in the preceding paragraph.

Article 329 Whoever forcibly seizes or steals state-owned archives shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.

Whoever, in violation of the provisions of the Archives Law, sells or transfers state-owned archives without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Whoever commits a crime as prescribed in the preceding two paragraphs, which concurrently constitutes another crime prescribed in this Law, shall be convicted and punished in accordance with the provisions which specify a heavier punishment.

Section 5 Crimes of Impairing Public Health

Article 330 In any of the following circumstances where the offender, in violation of the provisions of the Law on Prevention and Treatment of Infectious Diseases, causes the spread of, or a high risk of the spread of a Class A infectious disease or any other infectious disease against which preventive and control measures for Class A infectious diseases are determined to be taken in accordance with the law, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If 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:

(1) a water supply entity failing to supply drinking water in conformity with the sanitation standards set by the state;

(2) refusing to disinfect the sewage, wastes, feces, areas, or articles contaminated by pathogens of infectious diseases in accordance with the sanitary requirements set by the relevant diseases prevention and control agency;

(3) permitting a patient with an infectious disease, a carrier of pathogens, or a suspected patient with an infectious disease to take a job that such a person is prohibited from taking, as is provided by the administrative department of health under the State Council because of the likelihood of causing the spread of the infectious disease, or conniving at taking such a job by the said person;

(4) selling or transporting goods from an epidemic area, which have been contaminated or may have been contaminated by pathogens of infectious diseases, without disinfecting them first; or

(5) refusing to implement the preventative and control measures of the people’s government at or above the county level or the relevant diseases prevention and control agency in accordance with the Law on Prevention and Treatment of Infectious Diseases.    

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.

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

Article 331 Whoever, engaging in experimentation with, storage of, or carrying or transportation of bacterial strains or virus strains of infectious diseases, in violation of the relevant regulations of the administrative department of health under the State Council, causes the spread of the bacterial strains or virus strains of an infectious disease, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If 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 332 Whoever, in violation of the regulations on frontier health and quarantine, causes the spread of, or a high risk of the spread of a quarantinable infectious disease, 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.

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 333 Whoever unlawfully organizes other persons to sell blood shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. Whoever, by violence or threat, forces another person to sell blood shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.

Whoever commits an act as prescribed in the preceding paragraph and causes injuries to another person shall be convicted and punished in accordance with the provisions in Article 234 of this Law.

Article 334 Whoever unlawfully collects or supplies blood, or produces or supplies blood products that do not meet the standards prescribed by the state, in a manner likely to endanger human health, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If serious harm is caused to human health, 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. If 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 entity authorized by the competent department of the state to collect and supply blood or to produce or supply blood products fails to conduct tests according to relevant regulations or conducts tests in violation of other operational rules, thereby endangering the health of other persons, the entity 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 334a Whoever, in violation of the relevant state regulations, unlawfully collects China's human genetic resources or unlawfully transports, mails, or carries China's human genetic resources materials overseas, thereby endangering public health or public interests, 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. 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.

Article 335 A medical worker who, being seriously remiss in his duty, causes the death of or serious harm to the health of a patient shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 336 Whoever, without the qualification to practice medicine, unlawfully practices medicine, 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. If serious harm is caused to the health of a patient, 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 it causes the death of a patient, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.

Whoever, without the qualification to practice medicine, performs birth control reversal surgery, fake birth control surgery, pregnancy termination surgery, or intrauterine device removal surgery without authorization, 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. If serious harm is caused to the health of a patient, 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 it causes the death of a patient, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.

Article 336a Whoever implants a gene-edited or cloned human embryo into a human or an animal body, or implants a gene-edited or cloned animal embryo into a human body, 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. 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.

Article 337 Whoever, in violation of the state regulations on the epidemic prevention and quarantine of animals and plants, causes a major animal or plant epidemic or poses a risk of a major animal or plant epidemic, 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.

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 6 Crimes of Impairing the Conservation of Environment and Resources

Article 338 Whoever, in violation of state regulations, discharges, dumps, or disposes of radioactive wastes, wastes containing pathogens of infectious diseases, toxic substances, or other hazardous substances, thereby seriously polluting the environment, 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 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. If there is any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine:

(1) discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, or toxic substances in key protected zones identified in accordance with the law, such as drinking water source reserves and key protected zones of nature reserves, and the circumstances are especially serious;

(2) discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, or toxic substances in the water areas of important rivers or lakes identified by the state, and the circumstances are especially serious;

(3) causing a large amount of permanent basic farmland to lose its basic function or to endure permanent damage; or

(4) causing serious injuries or serious diseases to several persons, or causing serious disability or the death of a person.

Whoever commits a crime as prescribed in the first paragraph, which constitutes another crime, shall be punished in accordance with the provisions that specify a heavier punishment.

Article 339 Whoever, in violation of the state regulations, dumps, amasses, or disposes of, within the People’s Republic of China, solid waste from overseas, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If any of the aforementioned acts causes a major environmental pollution accident and thereby results in heavy losses to public or private property, or serious harm to human health, 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. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine.

Whoever, without the permission of the competent department under the State Council, imports solid waste as raw materials, thereby causing a major environmental pollution accident and resulting in heavy losses to public or private property, or serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. If the consequences 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.

Whoever, under the pretext of using it as raw materials, imports solid waste, liquid waste, or gaseous waste that cannot be used as raw materials, shall be convicted and punished in accordance with the second or third paragraph of Article 152 of this Law.

Article 340 Whoever, in violation of the laws and regulations on the protection of aquatic resources, catches aquatic products where or when fishing is prohibited, or with prohibited fishing gear or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.

Article 341 Whoever unlawfully hunts or kills precious or endangered wild animals which are under national key protection, or unlawfully purchases, transports, or sells precious or endangered wild animals under national key protection or their products, 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 but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, and concurrently, a fine or confiscation of property.

Whoever, in violation of the laws or regulations on hunting, hunts where or when hunting is prohibited, or with prohibited hunting tools or methods, thereby damaging wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.

Whoever, in violation of the laws or regulations on wildlife protection and management, and for eating, unlawfully hunts, purchases, transports, or sells terrestrial wild animals which grow and breed in the wild but do not belong to those prescribed in the first paragraph, if the circumstances are serious, shall be punished in accordance with the provisions in the preceding paragraph.

Article 342 Whoever, in violation of the laws or regulations on land administration, unlawfully occupies farmland, woodland, or other agricultural land, and changes the planned use of the occupied land, if the area involved is relatively large, and a large area of farmland, woodland, or other agricultural land is damaged, 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.

Article 342a Whoever, in violation of the laws or regulations on nature reserves management, conducts reclamation or development activities or constructs buildings in national parks or national nature reserves, thereby causing serious consequences, or if there are other grave 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.

Whoever commits a crime as prescribed in the preceding paragraph, which constitutes another crime, shall be punished in accordance with the provisions which specify a heavier punishment.

Article 343 Whoever, in violation of the provisions of the Mineral Resources Law, mines without any mining license, or enters and mines without authorization in a mining area under the state plan, is of great value to the national economy, or belongs to another person, or mines without authorization for a specific mineral which should be mined for in a protective manner under state regulations, 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. 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.

Whoever, in violation of the provisions of the Mineral Resources Law, mines for a mineral resource in a destructive way, thereby causing serious damage to the mineral resources, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine.

Article 344 Whoever, in violation of state regulations, unlawfully fells or destroys precious trees or other precious plants which are under national key protection, or unlawfully purchases, transports, processes, or sells precious trees or other precious plants which are under national key protection or their products, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. 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, and concurrently, a fine.

Article 344a Whoever, in violation of state regulations, unlawfully imports, releases, or discards invasive alien species, 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 345 Whoever unlawfully fells and steals forest trees or bamboos in a bamboo forest, or other trees or bamboos, if the amount involved is relatively large, 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. 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 7 years, and concurrently, a fine. If the amount involved is especially large, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine.

Whoever, in violation of the provisions of the Forestry Law, arbitrarily fells forest trees, bamboos in a bamboo forest, or other trees or bamboos, if the amount involved is relatively large, 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. 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.

Whoever knowingly and unlawfully purchases or transports trunks or logs that are unlawfully or arbitrarily felled, 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. 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.

Whoever unlawfully or arbitrarily fells forest trees, bamboos in a bamboo forest, or other trees or bamboos in a national nature reserve shall be given a heavier punishment.

Article 346 An entity committing a crime as prescribed in Articles 338 to 345 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 7 Crimes of Smuggling, Trafficking, Transporting, or Manufacturing Narcotic Drugs

Article 347 Whoever smuggles, traffics, transports, or manufactures narcotic drugs, regardless of the quantity, shall be held criminally liable and be subjected to criminal punishment.

Whoever smuggles, traffics, transports, or manufactures narcotic drugs shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment, or death, and concurrently, confiscation of property if there is any of the following circumstances:

(1) smuggling, trafficking, transporting, or manufacturing opium of not less than 1 kilogram, or heroin or methamphetamine of not less than 50 grams, or any other narcotic drug of a large quantity;

(2) being a ringleader of a group engaged in smuggling, trafficking, transporting, or manufacturing narcotic drugs;

(3) providing armed support for smuggling, trafficking, transporting, or manufacturing narcotic drugs;

(4) resisting inspection, detention, or arrest by means of violence, where the circumstances are serious; or

(5) participating in organized international narcotic drug trafficking.

Whoever smuggles, traffics, transports, or manufactures opium of not less than 200 grams but less than 1 kilogram, or heroin or methamphetamine of not less than 10 grams but less than 50 grams, or any other narcotic drug of a relatively large quantity, shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine.

Whoever smuggles, traffics, transports, or manufactures opium of less than 200 grams, or heroin or methamphetamine of less than 10 grams, or any other narcotic drug of a small quantity, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. 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, and concurrently, a fine.

An entity committing a crime as prescribed in the second, third, and fourth paragraphs shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the corresponding provisions in the preceding paragraphs.

Whoever makes use of or abets a minor to smuggle, traffic, transport, or manufacture narcotic drugs, or sells narcotic drugs to a minor, shall be given a heavier punishment.

Whoever smuggles, traffics, transports, or manufactures narcotic drugs several times but has not been dealt with shall be punished based on the cumulative quantity of the narcotic drugs involved.

Article 348 Whoever unlawfully possesses opium of not less than 1 kilogram, or heroin or methamphetamine of not less than 50 grams, or any other narcotic drug of a large quantity, shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine. Whoever unlawfully possesses opium of not less than 200 grams but less than 1 kilogram, or heroin or methamphetamine of not less than 10 grams but less than 50 grams, or any other narcotic drug of a relatively large quantity, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. 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, and concurrently, a fine.  

Article 349 Whoever harbors a criminal who smuggles, traffics, transports, or manufactures narcotic drugs, or assists such a criminal in hiding, transferring, or concealing narcotic drugs or money or other forms of property gained from crimes, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If 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.

A narcotic drug enforcement officer or any other functionary of a state organ who shelters or harbors an offender who smuggles, traffics, transports, or manufactures narcotic drugs shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

Whoever connives with others in advance and commits a crime as prescribed in the preceding two paragraphs, shall be convicted and punished as an accomplice in the crime of smuggling, trafficking, transporting, or manufacturing narcotic drugs.

Article 350 Whoever, in violation of state regulations, unlawfully manufactures, trades, or transports acetic anhydride, ether, chloroform, or other raw materials or chemicals used in the manufacture of narcotic drugs, or carries the abovementioned substances into or out of the country, if the circumstances are relatively 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. 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, and concurrently, a fine. If 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.

Whoever, knowing that another person manufactures narcotic drugs, manufactures, trades, or transports the substances mentioned in the preceding paragraph for this person shall be convicted and punished as an accomplice in the crime of manufacturing narcotic drugs.

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 corresponding provisions in the preceding two paragraphs.

Article 351 Unlawfully cultivated opium poppies, marijuana, or other narcotic plants shall be compulsorily uprooted. Whoever cultivates the aforementioned plants under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine:

(1) cultivating not less than 500 but less than 3,000 opium poppies, or other narcotic plants in a relatively large quantity;

(2) recultivating any of the abovementioned plants after being handled by the public security organ; or

(3) resisting the uprooting of the abovementioned plants.

Whoever unlawfully cultivates not less than 3,000 opium poppies or other narcotic plants in a large quantity shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.

Whoever unlawfully cultivates opium poppies or other narcotic plants but voluntarily uproots them before harvest may be exempted from punishment.

Article 352 Whoever unlawfully trades, transports, carries, or possesses seeds or seedlings which have not been inactivated of opium poppies or of other narcotic plants, if the quantity is relatively large, 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 353 Whoever induces, abets, or deceives another person to take or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. 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, and concurrently, a fine.

Whoever forces another person to take or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.

Whoever induces, abets, deceives, or forces a minor to take or inject narcotic drugs shall be given a heavier punishment.

Article 354 Whoever provides shelter for another person to take or inject narcotic drugs 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 355 Whoever engaging in the manufacture, transportation, administration, or utilization of state-controlled narcotic or psychotropic substances in accordance with the law, in violation of state regulations, provides another person who takes or injects narcotic drugs with addictive narcotic or psychotropic substances that are controlled under state regulations, shall be sentenced to fixed-term imprisonment of not more than 3 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 3 years but not more than 7 years, and concurrently, a fine. Whoever provides a criminal smuggling or trafficking narcotic drugs with addictive narcotic or psychotropic substances that are controlled under state regulations, or, for the purpose of making profits, provides another person who takes or injects narcotic drugs with addictive narcotic or psychotropic substances that are controlled under state regulations shall be convicted and punished in accordance with the provisions in Article 347 of this Law.

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 355a Whoever induces, abets, or deceives an athlete to use performance-enhancing drugs in a major domestic or international sports competition, or knowingly provides performance-enhancing drugs to an athlete participating in a competition mentioned above, 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.

Whoever organizes or forces athletes to use performance-enhancing drugs in a major domestic or international sports competition shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

Article 356 Where a person who has been subjected to criminal punishment for smuggling, trafficking, transporting, manufacturing, or unlawfully possessing narcotic drugs commits a crime as prescribed in this Section, he shall be given a heavier punishment.

Article 357 For purposes of this Law, “narcotic drugs” refer to opium, heroin, methamphetamine (meth), morphine, marijuana, cocaine, and other addictive narcotic and psychotropic substances that are controlled under state regulations.

The quantity of drugs smuggled, trafficked, transported, manufactured, or unlawfully possessed shall be calculated by the verified amount instead of purity.

Section 8 Crimes of Organizing, Forcing, Inducing, Sheltering, or Procuring People to Engage in Prostitution

Article 358 Whoever organizes or forces other persons to engage in prostitution 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 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.

Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions in the preceding paragraph.

Whoever commits a crime as prescribed in the preceding two paragraphs, and in the course of it commits a criminal act such as killing, injuring, raping, or kidnapping another, shall be punished in accordance with the provisions on combining punishments for multiple crimes.

Whoever recruits or transports people for another person who organizes people to engage in prostitution, or otherwise assists others in organizing people to engage in prostitution, shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine. If 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.

Article 359 Whoever induces, provides shelter for, or procures another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, 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.

Whoever induces a girl under the age of 14 to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine.

Article 360 Whoever, knowing that he himself suffers from syphilis, gonorrhea, or any other serious venereal disease, engages in prostitution or solicits prostitution, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, or non-custodial correction, and concurrently, a fine.

Article 361 Whoever working for an entity in the hotel business, or the catering service, or the culture and entertainment industry, or the taxi industry, etc., by taking advantage of the conditions of the entity, organizes, forces, induces, provides shelter for, or procures another person to engage in prostitution, shall be convicted and punished in accordance with the provisions in Articles 358 and 359 of this Law.

The leading person in charge of an entity mentioned in the preceding paragraph who commits a crime as prescribed in the preceding paragraph shall be given a heavier punishment.

Article 362 Whoever works for an entity in the hotel business, or the catering service, or the culture and entertainment industry, or the taxi industry, etc., informs and notices the lawbreakers when the public security organ investigates prostitution or solicitation of prostitution, if the circumstances are serious, shall be convicted and punished in accordance with the provisions in Article 310 of this Law.

Section 9   Crimes of Producing, Selling, or Disseminating Pornographic Materials

Article 363 Whoever produces, duplicates, publishes, sells, or disseminates pornographic materials for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If 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, and concurrently, a fine. If 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, a fine or confiscation of property.

Whoever provides another person with a book number to publish a pornographic book or magazine 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. Whoever knowingly provides a book number to another person for publishing a pornographic book or magazine shall be punished in accordance with the provisions in the preceding paragraph.

Article 364 Whoever distributes or disseminates pornographic books, magazines, films, audio-visual products, pictures, or other pornographic materials, 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. 

Whoever organizes the broadcasting of pornographic films, videos, or other audio-visual products shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If 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, and concurrently, a fine.

Whoever produces or duplicates pornographic films, videos or other audio-visual products, and organizes the broadcasting of them, shall be given a heavier punishment in accordance with the provisions in the second paragraph of this Article.

Whoever distributes or disseminates pornographic materials to minors under the age of 18 shall be given a heavier punishment.

Article 365 Whoever organizes pornographic performances shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. If 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, and concurrently, a fine.

Article 366 An entity committing a crime as prescribed in Article 363, 364 or 365 of this Law 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.

Article 367 For purposes of this Law, “pornographic materials” refer to obscene books, magazines, films, videotapes, audiotapes, pictures, and other pornographic materials that specifically depict sexual activities or publicize pornography.

Scientific works on human physiology or medical knowledge are not pornographic materials.

Literature and works of artistic value with erotic contents shall not be regarded as pornographic materials.

Chapter VII Crimes of Impairing the Interests of National Defense

Article 368 Whoever, by violence or threat, obstructs a serviceperson in the performance of his duty in accordance of the law shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or a fine.

Whoever intentionally obstructs military operations of armed forces, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.

Article 369  Whoever destroys weapons or equipment, military installations or military communication shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody or non-custodial correction. Whoever destroys major weapons or equipment, military installations or military communication shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the circumstances are especially serious, the offender 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 and causes serious consequences 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.

Whoever commits a crime as prescribed in the preceding two paragraphs in wartime shall be given a heavier punishment. 

Article 370  Whoever knowingly provides substandard weapons or equipment or military installations for the armed forces shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If 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. If the circumstances are especially serious, the offender 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 and causes serious consequences 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.

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 punished in accordance with the provisions in the first paragraph.

Article 371  In the case of gathering to assault a restricted military zone, thereby seriously disrupting the order of the zone, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; and other active participants 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 gathering and disrupting the order of a military administrative zone, if the circumstances are serious, whereby the normal functioning of the military administrative zone is obstructed and heavy losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and other active 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.

Article 372  Whoever impersonates a serviceperson to defraud another person shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If 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.

Article 373  Whoever incites a serviceperson to desert the military or knowingly employs a deserter, 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.

Article 374  Whoever engages in malpractice for personal gains in the enlistment process by accepting or sending unqualified recruits, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If 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 375  Whoever forges, alters, trades or steals, or forcibly seizes official documents, certificates, or seals of the armed forces shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights. If 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.

Whoever illegally manufactures or trades uniforms of the armed forces, 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.

Whoever forges, steals, trades, or unlawfully provides or uses number plates of vehicles of the armed forces or other specialized symbols of the armed forces, 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. 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.

An entity committing a crime as prescribed in the second or third paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the corresponding provisions in the preceding paragraphs.

Article 376 A reservist who refuses or evades conscription or military training in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

A citizen who refuses or evades military service in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.

Article 377  Whoever intentionally provides the armed forces with false information about the enemy in wartime, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If especially serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 378  Whoever spreads rumors in wartime and damages the morale of armed forces shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. If 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.

Article 379  Whoever knowingly hides, or provides money or other forms of property for a deserter from the armed forces in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 380  An entity which refuses or intentionally delays orders for military supplies in wartime, 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 5 years or short-term custody. If serious consequences are caused, the offenders shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 381  Whoever refuses military expropriation or requisition in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Chapter VIII Crimes of Embezzlement and Bribery

Article 382 A state functionary who, by taking advantage of his office, appropriates, steals, or obtains by fraud, public property, or unlawfully takes public property into his own possession by other means, shall be liable for the crime of embezzlement.

Whoever entrusted by a state organ, a state-owned company, enterprise or public institution, or a people’s organization with administering or managing state-owned property, by taking advantage of his office, appropriates, steals, or obtains by fraud, state-owned property, or unlawfully takes state-owned property into his own possession by other means, shall be convicted of embezzlement.

Whoever colludes with an offender as prescribed in the preceding two paragraphs to engage in embezzlement shall be convicted and punished as an accomplice.

Article 383 Whoever commits the crime of embezzlement shall be punished on the basis of the gravity of the circumstances and in accordance with the following provisions:

(1) if the amount embezzled is relatively large, or there are other relatively serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.

(2) if the amount embezzled 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 or confiscation of property.

(3) if the amount embezzled 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. If the amount embezzled is especially large, and extremely heavy losses are caused to the interests of the state and the people, the offender shall be sentenced to life imprisonment or death, and concurrently, confiscation of property.

Whoever commits embezzlement several times but has not been dealt with shall be punished based on the cumulative amount of the embezzlement involved.

Where an offender who has committed a crime as prescribed in the first paragraph truthfully confesses his crime, shows sincere repentance, voluntarily returns the embezzled property, and avoids or reduces damage before the public prosecution, he may be given a lighter or mitigated punishment or be exempted from punishment under the circumstances prescribed in Subparagraph (1); and he may be given a lighter punishment if there is any of the circumstances prescribed in Subparagraphs (2) and (3).

Where a person is sentenced to death penalty with reprieve for committing a crime as prescribed in the first paragraph with the circumstances specified in Subparagraph (3), the people’s court may at the same time decide, based on the circumstances of the crime and other factors, that upon the expiration of the two-year reprieve, when the death sentence with reprieve is commuted to life imprisonment in accordance with the law, the offender will be subjected to life imprisonment with no further commutation nor parole.

Article 384 A state functionary who, by taking advantage of his office and for private use, misappropriates public funds for illegal activities, or misappropriates a relatively large amount of public funds for profitable activities, or misappropriates a relatively large amount of public funds and fails to return them after the lapse of 3 months, shall be liable for the crime of misappropriation of public funds and shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years. Whoever misappropriates a large amount of public funds and fails to return them shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Whoever, for his own use, misappropriates funds or materials allocated for disaster relief, emergency rescue, flood prevention and control, support for servicepersons with disabilities or for families of martyrs and servicepersons, aid to the poor, migration, or social relief, shall be given a heavier punishment.

Article 385 A state functionary who, by taking advantage of his office, solicits money or other forms of property from others, or illegally accepts others’ money or other forms of property as a price of providing benefits, shall be liable for the crime of taking bribes.

A state functionary who, in economic activities, violates state regulations by accepting kickbacks or service charges under any name and taking them into his own possession, shall be convicted of and punished for the crime of taking bribes.

Article 386 Whoever commits the crime of taking bribes shall be punished in accordance with the provisions in Article 383 of this Law based on the amount of bribes the offender has taken and the gravity of the circumstances. Whoever solicits bribes from another person shall be given a heavier punishment.

Article 387 Where a state organ, a state-owned company, enterprise or public institution, or a people’s organization solicits or unlawfully accepts money or other forms of property from others as a price of providing benefits, if the circumstances are serious, the entity 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.

An entity as prescribed in the preceding paragraph that, in economic activities, secretly accepts off-the-book kickbacks or service charges under any name, shall be convicted of the crime of accepting bribes and be punished in accordance with the provisions in the preceding paragraph.

Article 388 A state functionary who, by taking advantage of his office or position, secures illicit benefits for an entrusting party through another state functionary’s performance of duty, and solicits or accepts money or other forms of property from the entrusting party, shall be convicted of and punished for the crime of taking bribes.

Article 388a Any close relative of a state functionary or any other person closely related to him who, by taking advantage of the state functionary’s office or position, secures illicit benefits for an entrusting party through the state functionary’s performance of duty or through another state functionary’s performance of duty, and solicits or accepts money or other forms of property from the entrusting party, if the amount involved is relatively large or there are other relatively serious circumstances, 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, 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. 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 7 years, and concurrently, a fine or confiscation of property.

A former state functionary who no longer holds the office or post, or any of his close relatives or any other person closely related to him who, by taking advantage of the office or position he once held, commits an act as prescribed in the preceding paragraph, shall be punished in accordance with the provisions in the preceding paragraph.

Article 389 Whoever, for securing illicit benefits, gives money or other forms of property to a state functionary, shall be convicted of the crime of offering bribes.

Whoever, in economic activities, gives a relatively large amount of money or other forms of property to a state functionary in violation of state regulations, or gives kickbacks or service charges under any name to a state functionary in violation of state regulations, shall be convicted of and punished for offering bribes.

Where a victim of extortion is pressured into giving money or other forms of property to a state functionary without gaining illicit benefits, his act shall not be regarded as bribery.

Article 390 Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Where the offender offers bribes to secure illicit benefits, if the circumstances are serious or heavy losses are caused to the interests of the state, 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. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, 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.

A briber who, before being prosecuted, voluntarily confesses his act of offering bribes, may be given a lighter or mitigated punishment. If the crime is relatively minor, or the briber plays a critical role in solving a major case, or the offender carries out a major meritorious performance, he may be given a mitigated punishment or be exempted from punishment.

Article 390a Whoever, for securing illicit benefits, offers bribes to any close relative of or any other person closely related to a state functionary, or offers bribes to a former state functionary who no longer holds the office or post, or any close relative of or any other person closely related to him, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, or 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. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years but not more 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 sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine.

Article 391 Whoever, for securing illicit benefits, gives money or other forms of property to a state organ, a state-owned company, enterprise or public institution, or a people’s organization or, in economic activities, gives kickbacks or service charges under any name in violation of state regulations, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, 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 392 Whoever acts as an intermediary in bribing a state functionary, 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.

Whoever, before being prosecuted, voluntarily confesses his act of being an intermediary may be given a mitigated punishment or be exempted from punishment.

Article 393 Where an entity for securing illicit benefits, offers bribes or, in violation of state regulations, gives kickbacks or service charges to a state functionary, if the circumstances are serious, the entity 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 concurrently, a fine. Whoever takes into his own possession the illegal gains derived from bribery shall be convicted and punished in accordance with the provisions in Articles 389 and 390 of this Law.

Article 394 A state functionary who accepts gifts in domestic public service activities or in activities with any foreign party, and fails to turn such gifts over to the state as is required by state regulations, if the amount involved is relatively large, shall be convicted and punished in accordance with the provisions in Articles 382 and 383 of this Law.

Article 395 Where a state functionary’s property or expenditure obviously exceeds his lawful income by a large amount, he may be ordered to explain the sources of his property, and if he cannot explain the sources, the part above his lawful income shall be regarded as illegal gains, and he shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the amount involved is especially large, the offender shall be sentenced to fixed-term of imprisonment of not less than 5 years but not more than 10 years. The part of property above lawful income shall be confiscated.

A state functionary shall, in accordance with state regulations, report his bank savings overseas. Whoever has a relatively large amount of such savings and fails to make such a report shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody. If the circumstances are relatively minor, the person shall be subjected to sanctions at the discretion of his entity or the competent authority at a higher level.

Article 396 Where a state organ, a state-owned company, enterprise or public institution, or a people’s organization, in the name of the entity, divides up state-owned assets among employees of the entity in violation of state regulations, if the amount involved is relatively large, 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, and concurrently, a fine; or shall be sentenced to a fine only. If the amount involved is large, 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 7 years, and concurrently, a fine.

Any judicial organ or administrative law enforcement organ that, in violation of state regulations, and in the name of the organ, divides up the fines collected or confiscated property, which should be turned over to the state, among employees of the organ, shall be punished in accordance with the provisions in the preceding paragraph.