Chapter Ⅸ Crimes of Dereliction of Duty

Article 397 A functionary of a state organ who abuses his office or neglects his duty, thereby causing heavy losses to public property or to the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.

A functionary of a state organ who engages in malpractice for personal gains and commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. 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. Where it is provided otherwise in other provisions of this Law, such provisions shall prevail.

Article 398 A functionary of a state organ who, in violation of the provisions of the Law on Guarding State Secrets, intentionally or negligently leaks state secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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.

Any person other than a functionary of a state organ who commits a crime as prescribed in the preceding paragraph shall be punished as appropriate in accordance with the provisions in the preceding paragraph.

Article 399 A judicial officer who, bending the law for personal gains or twisting the law for a favor, subjects a person known to be innocent to prosecution, or intentionally shields a person known to be guilty from prosecution, or intentionally delivers a judgment or an order against the facts or the law in criminal proceedings, 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. 

A judicial officer who intentionally delivers a judgment or an order against the facts or the law in civil or administrative proceedings, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. 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.

A judicial officer who, being seriously remiss in his duty or abusing his office in the execution of a judgment or ruling, fails to take preservation measures in litigation in accordance with the law, or fails to perform his legal duty of execution, or unlawfully takes preservation measures in litigation or compulsory enforcement measures, thereby causing heavy losses to the interests of a party or others, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If extremely heavy losses are caused to the interests of a party or others, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. 

A judicial officer who accepts bribes and commits an act as prescribed in the preceding three paragraphs, which also constitutes a crime as prescribed in Article 385 of this Law, shall be convicted and punished in accordance with the provisions that specify a heavier punishment.

Article 399a Whoever, in performing his duty of arbitration in accordance with the law, intentionally makes a ruling against the facts or the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. 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.

Article 400 A judicial officer who, without authorization, releases a criminal suspect, defendant or convict in custody, 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.

A judicial officer who, being seriously remiss in his duty, causes a criminal suspect, defendant or convict in custody to escape, 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 10 years.

Article 401 A judicial officer who, by engaging in malpractices for personal gains, grants commutation, parole, or temporary serving of the sentence outside the prison to a criminal who fails to meet the requirements for these measures, 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 402 An administrative officer of law enforcement who, by engaging in malpractices for personal gains, fails to refer a case that should be referred to the judicial organ for investigating the offenders’ criminal liability in accordance with the law, 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 serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 403 A functionary of a competent department of the state who, by engaging in malpractices for personal gains or abusing his office, approves an application for the incorporation or registration of a company or an application for the issuance or listing of shares or bonds, which fails to meet the corresponding conditions provided by law, 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 5 years or short-term custody.

Where a department at a higher level compels a registration office and its staff members to commit an act as prescribed in the preceding paragraph, the person in charge of the said department who is directly responsible shall be punished in accordance with the provisions in the preceding paragraph.

Article 404 A functionary of a tax organ who, by engaging in malpractices for personal gains, fails to collect or undercollects tax payable, thereby causing heavy revenue losses to the state, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If extremely heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 405 A functionary of a tax organ who, in violation of the provisions of the laws or administrative regulations, engages in malpractices for personal gains in selling invoices, offsetting taxes payable, or handling export tax refunds, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If extremely 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.

A functionary of any other state organ who, in violation of state regulations, engages in malpractices for personal gains in providing the exports declaration forms, certificates for cancellation of foreign exchange after export, or any other certificates for an export tax refund, thereby causing heavy losses to the interests of the state, shall be punished in accordance with the provisions of the preceding paragraph.

Article 406 A functionary of a state organ who, in concluding or performing a contract, is defrauded due to serious remissness in his duty, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 407 A functionary of the competent forestry department who, in violation of the provisions of the Forestry Law, issues forest tree felling permits beyond the approved annual felling quota, or arbitrarily issues forest tree felling permits in violation of laws and regulations, if the circumstances are serious, thereby causing serious damage to the forest, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 408 A functionary of a state organ who, with the duty of supervision and administration of environmental protection, is seriously remiss in his duty, which results in a serious environmental pollution accident and causes heavy losses to public or private property or the serious consequence of personal injury or death, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 408a A functionary of a state organ who, with the duty of food and drug safety supervision and administration, abuses his office or neglects his duty under any of the following circumstances, if serious consequences are caused or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If especially serious consequences are caused or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years:

(1) concealing, or knowingly making a false report of a food safety accident or drug safety accident;

(2) failing to investigate and punish serious violations related to food or drug safety that have been discovered, as required in regulations;

(3) granting a license to an applicant whose application fails to meet the conditions in the process of examination, review and approval of drugs or special foods;

(4) failing to refer a case which should be referred to the judicial organ to be investigated for criminal liability; or

(5) any other act of abuse of the office or negligence of duty.

Whoever commits a crime as prescribed in the preceding paragraph for personal gains shall be given a heavier punishment.

Article 409 A functionary of the administrative department of health with the duty of prevention and treatment of infectious diseases who is seriously remiss in his duty and thereby causes the spread of an infectious disease or an epidemic, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 410 A functionary of a state organ who, engaging in malpractices for personal gains by abusing his office, acts in violation of the laws or regulations on land administration and approves the expropriation, requisition or occupation of land, or transfers the right to use the state-owned land at an unreasonably low price, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If extremely heavy losses are caused to the interests of the state or the collective entity concerned, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 411 A customs officer who engages in malpractices and connives at smuggling for personal gains, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 412 A functionary of a commodity inspection department of the state or a commodity inspection agency who, by engaging in malpractices for personal gains, falsifies inspection results, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.

A functionary as mentioned in the preceding paragraph who, due to serious remissness in his duty, fails to inspect the commodities that are subject to inspection, delays the inspection or the issuance of inspection certificates, or issues erroneous certificates, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 413 An officer of an animal and plant quarantine agency who, by engaging in malpractices for personal gains, falsifies quarantine results, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.

An officer as mentioned in the preceding paragraph who, due to serious remissness in his duty, fails to conduct quarantine inspection of the items that should have been inspected, delays the quarantine inspection or the issuance of inspection certificates, or issues erroneous certificates, thereby causing heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 414 A functionary of a state organ who, with the duty of investigating the crime of producing or selling fake or substandard commodities, engages in malpractices for personal gains and fails to perform the duty of investigation as required by the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.

Article 415 A functionary of a state organ who, in charge of the issuance of passports, visas, or other documents for exit or entry, knowingly grants a document for exit or entry to a person attempting to unlawfully cross the national boundary (frontier) or, a functionary of a border defense authority, a customs office, or any other state organ who knowingly allows a person unlawfully crossing the national boundary (frontier) to pass, 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 416 A functionary of a state organ who, with the duty of rescuing women or children who are trafficked in or kidnapped, fails to take measures to rescue a victim at the request of the victim or a family member thereof, or upon receiving a report made by another person, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody.

A functionary of a state organ who, with the aforementioned rescue duty, obstructs the rescue effort by taking advantage of his office, shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody.

Article 417 A functionary of a state organ who, with the duty of investigating and suppressing criminal activities, leaks information to or provides convenience for criminals and assists them in evading punishment 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 10 years.

Article 418 A functionary of a state organ who engages in malpractices for personal gains in recruiting civil servants or students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 419 A functionary of a state organ who is seriously remiss in his duty and causes damage to or the loss of precious cultural relics, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.