Part II Special Provisions

Chapter I  Crimes of Endangering National Security

Article 102 Whoever in conspiracy with a foreign state, endangers the sovereignty, territorial integrity or security of the People's Republic of China shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years.

Whoever commits a crime as prescribed in the preceding paragraph in collusion with an overseas institution, organization or individual shall be punished according to the provisions in the preceding paragraph.

Article 103 For organizing, plotting, or carrying out any activity to split the country and undermine national unity, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; and other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.

Whoever incites others to split the country and undermine national unity shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights; the ringleaders or those whose crimes are grave shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 104 In organizing, plotting, or carrying out an armed rebellion or armed riot, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; and other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.

Whoever incites, coerces, lures, or bribes a functionary of a state organ or a member of the armed forces, people's police or militia to commit armed rebellion or armed riots shall be sentenced to a heavier punishment according to the provisions in the preceding paragraph.

Article 105 In organizing, plotting, or carrying out any activity to subvert the state power or overthrow the socialist system, the ringleaders or those whose crimes are grave shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; active participants shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights.

Whoever incites others to subvert the state power or overthrow the socialist system by spreading rumors, slandering, or any other means shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights; in the case of a ringleader or one whose crime is grave, he shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 106 Whoever colludes with an overseas institution, organization, or individual and commits a crime as prescribed in Article 103, 104, or 105 of this Chapter shall be sentenced to a heavier punishment according to the provisions in these articles respectively.

Article 107 Where a domestic or overseas institution, organization or individual provides financial support for the commission of a crime as prescribed in Article 102, 103, 104 or 105 of this Chapter, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights. Where the circumstances are serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 108 Whoever defects to an enemy and turns traitor shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are serious or where it is a case of leading a group of the armed forces, people's police, or militia to defect to an enemy and turn traitor, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 109 A functionary of a state organ who, when discharging his public duties at home, leaves his post without permission and escapes from the country as a defector, or defects as he performs public duties abroad, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.

A state functionary holding state secrets who escapes from the country as a defector or defects as he is abroad shall be sentenced to a heavier punishment according to the provisions in the preceding paragraph.

Article 110 Whoever commits any of the following acts of espionage and therefore endangers national security shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years:

(1) joining an espionage organization, or accepting a mission assigned by the organization or its agent; or

(2) informing an enemy of a bombing or shelling target.

Article 111 Whoever steals, spies on, or illegally purchases or provides state secrets or intelligence for an overseas organization, institution or individual shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights.

Article 112 Whoever supplies weapons, equipment or other military materials to an enemy in wartime shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 113 Whoever commits a crime of endangering national security as provided in this Chapter, if extremely serious harm is caused to the state and the people or the circumstances are extremely grave, may be sentenced to death, except for the crimes as prescribed in the second paragraph of Article 103, and in Articles 105, 107 and 109.

Whoever commits a crime as prescribed in this Chapter may concurrently be sentenced to confiscation of property.