Chapter X Crimes of Serviceperson’s Transgression of Duty

Article 420 A serviceperson acting in transgression of duty and thereby endangering the military interests of the state, which is criminally punishable in accordance with the law, commits the crime of serviceperson’s transgression of duty.

Article 421 A serviceperson who disobeys an order in wartime, thereby endangering a military operation, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 422 A serviceperson who intentionally conceals or makes a false report about a military situation, or refuses to convey a military order or conveys a false military order, thereby endangering a military operation, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 423 A serviceperson who, in fear of death, voluntarily lays down arms and surrenders to an enemy on the battleground shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

A serviceperson who, after surrendering to an enemy, works for the enemy, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 424 A serviceperson who deserts from the battlefield shall be sentenced to fixed-term imprisonment of not more than 3 years. 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. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 425 Any commander or other serviceperson on duty who is absent without official leave or neglects his duty, and thereby causes serious consequences, 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.

Whoever commits a crime as prescribed in the preceding paragraph in wartime shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 426 A serviceperson who, by violence or threat, obstructs a commander or another serviceperson on duty in the performance of his duty, 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 or life imprisonment. Whoever commits such a crime in wartime shall be given a heavier punishment.

Article 427 A serviceperson who abuses his office by instructing his subordinates to act in transgression of their duty, thereby causing serious consequences, 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.

Article 428 A commander who disobeys an order, or flinches before a battle, or willfully fails to do his utmost in a military operation, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years. If heavy losses are caused to a battle or campaign or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 429 A commander on the battlefield who, knowing that a nearby friendly troop in a critical situation requests rescue, refuses to go to rescue when it is possible, thereby causing heavy losses to the nearby friendly troop, shall be sentenced to fixed-term imprisonment of not more than 5 years.

Article 430 A serviceperson who, when performing his duty at home, leaves his post without permission and escapes from the country as a defector, or defects as he performs public duties abroad, thereby endangering the military interests of the state, 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.

A serviceperson who defects by piloting an aircraft or a ship or with other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 431 A serviceperson who unlawfully obtains military secrets by stealing, spying on or illegally purchasing such secrets 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 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 serviceperson who steals, spies on, purchases, or unlawfully provides military secrets for overseas institutions, organizations or individuals shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 432 A serviceperson who, in violation of the laws and regulations on the protection of state secrets, intentionally or negligently leaks military secrets, 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.

Whoever commits a crime as prescribed in the preceding paragraph in wartime 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 433 A serviceperson who spreads rumors to mislead others in wartime and damages the morale of the armed forces shall be sentenced to fixed-term imprisonment of not more than 3 years. 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. 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 434 A serviceperson who commits self-injury in wartime to evade military obligation shall be sentenced to fixed-term imprisonment of not more than 3 years. 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 435 A serviceperson who deserts the military in violation of the laws and regulations on military service, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Whoever commits the crime prescribed in the preceding paragraph in wartime shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 436 A serviceperson who acts in violation of the regulations on the use of weapons and equipment, if the circumstances are serious and an accident is caused which results in serious injury to or the death of another person or other serious consequences, 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 437 A serviceperson who, in violation of the regulations on the control of weapons and equipment, alters without authorization the allocated use of weapons and equipment, thereby causing serious consequences, 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 438 A serviceperson who steals or forcibly seizes weapons, equipment, or military supplies 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.

A serviceperson who steals or forcibly seizes guns, ammunition or explosives shall be punished in accordance with the provisions in Article 127 of this Law.

Article 439 A serviceperson who, unlawfully, sells or otherwise transfers weapons or equipment of the military shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If the offender, unlawfully, sells or otherwise transfers, weapons or equipment in a large quantity, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 440 A serviceperson who, disobeying an order, abandons weapons or equipment shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the offender abandons weapons or equipment of importance or in a large quantity, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 441 A serviceperson who loses weapons or equipment but fails to report it immediately, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 442 Where a military real estate is sold or otherwise transferred without authorization in violation of the relevant regulations, if the circumstances are serious, 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 directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 443 A serviceperson who abuses his office and maltreats his subordinates, if the circumstances are grave, thereby causing serious injury to a subordinate or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the death of a subordinate is caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 444 Where a wounded or sick serviceperson is deliberately abandoned on a battlefield, if the circumstances are grave, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years.

Article 445 A serviceperson who has the duty to save or treat servicepersons in wartime but refuses to save a critically wounded or sick serviceperson when it is possible shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If serious disability or death is caused to the wounded or sick serviceperson, or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.

Article 446 A serviceperson who cruelly injures innocent residents or plunders their property in an area of military operation in wartime 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 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.

Article 447 A serviceperson who sets free a prisoner of war without authorization shall be sentenced to fixed-term imprisonment of not more than 5 years. If the offender, without authorization, sets free an important prisoner of war or several prisoners of war, or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 448 A serviceperson who maltreats a prisoner of war, if the circumstances are grave, shall be sentenced to fixed-term imprisonment of not more than 3 years.

Article 449 In wartime, a convicted serviceperson sentenced to fixed-term imprisonment of not more than 3 years and granted probation on the ground that he poses no tangible danger is allowed to redeem himself by meritorious performance. If the serviceperson indeed performs such services, his original criminal punishment may be rescinded and he shall not be considered as having committed the crime.

Article 450 This Chapter applies to officers, non-ranking officers, and enlisted personnel in active service, and military cadets of the Chinese People’s Liberation Army; officers, non-ranking officers, and enlisted personnel in active service, and military cadets of the Chinese People’s Armed Police; as well as civilian staff, and the reservists and other persons who perform military tasks.

Article 451 “Wartime” as mentioned in this Chapter refers to the time after the state declares the state of war, after the military receive missions of military operations, or when an enemy launches a surprise attack.

The time when the military execute martial-law missions or cope with an emergency of violence shall be regarded as wartime.