Chapter II   Crimes of Endangering Public Security

Article 114 Whoever commits arson, breaches a dike, causes an explosion, releases poisonous or radioactive substances, pathogens of infectious diseases or other substances, or employs any other dangerous means to endanger public security, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 115 Whoever commits arson, breaches a dike, causes an explosion, releases poisonous or radioactive substances, pathogens of infectious diseases or other substances, or employs any other dangerous means, therefore inflicting serious injuryx or death on another person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 116 Whoever sabotages a train, motor vehicle, tram, ship, or an aircraft in a manner likely to put it in danger of being overturned or destroyed, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 117 Whoever sabotages any railroad, bridge, tunnel, highway, airport, waterway, lighthouse or sign, or conducts other destructive activities in a manner likely to put any train, motor vehicle, tram, ship, or aircraft in danger of being overturned or destroyed, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 118 Whoever sabotages any electric power or gas facility or other combustible or explosive equipment, thereby endangering public security, if no serious consequence is caused, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Article 119 Whoever sabotages any means of transportation, transportation infrastructure, any electric power or gas facility, or other combustible or explosive equipment, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever negligently commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 120 Whoever forms or leads a terrorist organization shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, confiscation of property; active participants in the terrorist organization shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine; other participants shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, non-custodial correction, or deprivation of political rights, and may concurrently be fined.

Whoever commits a crime as prescribed in the preceding paragraph and also commits homicide, explosion, kidnapping or other crimes shall be punished in accordance with the provisions on combining punishments for multiple crimes.

Article 120a Whoever provides financial support for a terrorist organization or an individual conducting terrorist activities, or provides financial support for training for terrorist activities shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.

Whoever recruits or transports personnel for a terrorist organization, or for the purpose of conducting terrorist activities or terrorist training shall be punished in accordance with the provisions in the preceding paragraph.

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

Article 120b Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property:

(1) preparing weapons, hazardous articles or other tools for conducting terrorist activities;

(2) organizing or actively participating in training for terrorist activities;

(3) contacting an overseas terrorist organization or individual for conducting terrorist activities; or

(4) plotting terrorist activities or making other preparation therefor.

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

Article 120c Whoever advocates terrorism or extremism or incites others to conduct terrorist activities by producing or distributing books, audio or video materials or other articles propagating terrorism or extremism, by providing or publicizing information, or by any other way, shall be sentenced to fixed-term imprisonment of not more than 5 years, short-term custody, non-custodial correction, or deprivation of political rights, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine or confiscation of property.

Article 120d Whoever, by using extremism, incites or coerces the public to disrupt the marital, judicial, educational, social management or any other system established by laws shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine or confiscation of property.

Article 120e Whoever, by violence, coercion, or by any other means, forces others to wear or adorn themselves with costumes or symbols that propagate terrorism or extremism in a public place shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine.

Article 120f Whoever illegally possesses any book, audio or video materials, or any other article, knowing that the book, audio or video materials, or article propagate(s) terrorism or extremism, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.

Article 121 Whoever hijacks an aircraft by violence, coercion, or by any other means shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Where the hijacking causes serious injuries to or the death of anyone, or serious damage to the aircraft, the offender shall be sentenced to death.

Article 122 Whoever hijacks a ship or motor vehicle by violence, coercion, or by any other means shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. Where serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 123 Whoever uses violence upon personnel on board an aircraft during a flight, thereby endangering flight safety, if no serious consequence is caused, shall be sentenced to fixed-termed imprisonment of not more than 5 years or short-term custody. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 124 Whoever sabotages a radio or television broadcasting facility, or public telecommunications facility, thereby endangering public safety, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.

Whoever negligently commits a crime as prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 125 Whoever illegally manufactures, trades, transports, mails, or stores guns, ammunition, or explosives shall be sentenced to fixed-termed imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever illegally manufactures, trades, transports or stores poisonous or radioactive substances, pathogens of infectious diseases, or other substances, thereby endangering public security, shall be punished in accordance with the provisions in the preceding paragraph.

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

Article 126 An enterprise which is designated or determined in accordance with the law to manufacture or sell guns violating the regulations on gun management and committing any of the following acts shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years. Where the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; and they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment where the consequences are especially serious:

(1) manufacturing or selling guns over the quota or at variance with the given variety, for illegal sale;

(2) manufacturing guns without serial numbers, or with duplicate or fake numbers, for illegal sale; or

(3) selling guns illegally, or selling guns manufactured for export within the territory People's Republic of China.

Article 127 Whoever steals or forcibly seizes guns, ammunition or explosives, or steals or forcibly seizes poisonous or radioactive substances, pathogens of infectious diseases, or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever robs others of guns, ammunition or explosives, or robs others of poisonous or radioactive substances, pathogens of infectious diseases, or other substances, thereby endangering public security, or steals or forcibly seizes guns, ammunition or explosives from a state organ, a member of the military, the police or the militia, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 128 Whoever, in violation of the regulations on gun management, illegally possesses or conceals guns or ammunition shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction. Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Where a person lawfully equipped with a gun for official use illegally leases or lends the gun, he shall be punished in accordance with the provisions in the preceding paragraph.

Where a person lawfully equipped with a gun illegally leases or lends the gun, thereby causing serious consequences, he shall be punished in accordance with the provisions in the first paragraph.

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

Article 129 Where a person lawfully equipped with a gun for official use loses the gun and fails to report the loss in a timely manner, thereby causing serious consequences, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody.

Article 130 Whoever illegally carries a gun, ammunition, a controlled knife or cutting tool, or an article of an explosive, a combustible, a radioactive, a poisonous or a corrosive nature into a public place or on public transport, thereby endangering public safety, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term custody, or non-custodial correction.

Article 131 Any aircrew member who violates rules or regulations and thereby causes a major air accident, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If it leads to an air crash or the death of any other person, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 132 A railway worker who violates rules or regulations and thereby causes a railway accident, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If especially serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 133 Whoever violates the laws or regulations on traffic and transportation and thereby causes a major accident, if it leads to serious injuries to or the death of any other person, or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the offender flees the scene after the accident or there are other extremely grave circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Where the fleeing causes the death of the victim of the accident, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years.

Article 133a Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to short-term custody and concurrently, a fine:

(1) racing with another vehicle and the circumstances of the crime are grave;

(2) drunk driving;

(3) engaging in school bus service or passenger transport, and overloading the vehicle with passengers seriously exceeding the allowable limit or driving the vehicle at a speed seriously exceeding speed limits; or

(4) transporting hazardous chemical substances in violation of the regulations on the safety management of hazardous chemicals and thereby endangering public safety.

Where the motor vehicle owner or manager is directly responsible for an act as prescribed in Subparagraph (3) or (4) of the preceding paragraph, the owner or manager shall be punished in accordance with the provisions in the preceding paragraph.

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

Article 133b Whoever disrupts the normal driving of a public vehicle by using violence on its driver or grabbing the steering devices, thereby endangering public security, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.

Where a driver as mentioned in the preceding paragraph leaves his post on the public vehicle in operation without permission and fights with or assaults others, thereby endangering public security, the driver shall be punished in accordance with the provisions in the preceding paragraph.

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

Article 134 Whoever violates the regulations on safety management in production or operation, thereby causing an accident with heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are extremely grave, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Whoever gives an order forcing another person to operate at risk in violation of rules, or continues to organize operation at risk while having clear knowledge of the latent danger which may cause a major accident but failing to remove the danger, thereby causing an accident with heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. Where the circumstances are extremely grave, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.

Article 134a Whoever, under any of the following circumstances, violates the regulations on safety management in production or operation and poses an actual danger of causing an accident with heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than 1 year, short-term custody, or non-custodial correction:

(1) shutting down or damaging any monitoring, alarm, protection, or lifesaving equipment or facilities directly related to work safety, or tampering with, concealing, or destroying relevant data or information;

(2) refusing to implement an order of stopping production or business, stopping construction, stopping using relevant equipment, facilities or premises which is given owing to a major accident hazard, or refusing to take immediate corrective measures to remove the hazard; or 

(3) without obtaining approval and licensing for matters related to work safety in accordance with the law, engaging in highly dangerous production or operation activities such as mining, metal smelting, construction, and the production, distribution, and storage of dangerous articles.

Article 135 Where the facilities or conditions for work safety fail to meet the relevant state regulations, thereby causing an accident with heavy casualties or causing other serious consequences, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are extremely grave, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 135a Where a large-scale public activity is conducted in violation of regulations on safety management, thereby causing an accident with heavy casualties or causing other serious consequences, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are extremely grave, the offenders shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 136 Whoever violates the regulations on the control of articles of an explosive, a combustible, a radioactive, a poisonous or a corrosive nature, thereby causing a major accident in production, storage, transportation, or use of these articles, if serious consequences are caused, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 137 Where a developer, a design entity, a construction entity, or an engineering supervision entity, in violation of the state regulations, lowers the quality standards of a project, thereby causing a major accident, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Where the consequences are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. 

Article 138 For failing to take measures to remove a known danger in a school building or an educational or a teaching facility, or failing to report the matter in time, thereby causing a major accident with heavy casualties, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the consequences are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 139 For refusing to implement the notice to take corrective measures given by the supervision organ for fire prevention and control in violation of the regulations on fire prevention and control, thereby causing serious consequences, the directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the consequences are especially serious, the directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 139a Whoever with the duty to report fails to report or knowingly makes a false report after the occurrence of an accident, thus delaying the rescue, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.