Laws of the People's Republic of China

The National People's Congress

Order of the President of the People's Republic of China

No.83

The Criminal Law of the People's Republic of China has been revised at the Second Session of the Fifth National People's Congress on March 14, 1997, hereby promulgate the revised edition, and shall enter into force as of October 1, 1997.

President of the People's Republic of China: Jiang Zemin

March 14, 1997

Criminal Law of the People's Republic of China ContentsPart 1 General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the

Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation

of a Crime

Section 3 Joint Crimes

Section 4 Crimes committed by a unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Rendering Meritorious Service

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions Part 2 Specific Provisions

Chapter I Crimes of Endangering the State Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Undermining the Socialist Market Economic Order

Section 1 Crimes of Production and Sale of Fake or Substandard

Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Impairing Order of Administering upon Companies

and Enterprises

Section 4 Crimes of Undermining Order of Administering upon Banking

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Endangering Taxes Collection and Administration

Section 7 Crimes of Infringing upon Intellectual Property Rights

Section 8 Crimes of Disturbing Market Order

Chapter IV Crimes of Infringing upon the Rights of the Person and the

Democratic Rights of Citizens

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Public Order

Section 2 Crimes of Impairing Judicial Activities

Section 3 Crimes of Impairing Regulations of National Boundary

(Borderline)

Section 4 Crimes of Impairing Regulations of Cultural Relics

Section 5 Crimes of Endangering Public Health

Section 6 Crimes of Undermining Protection of Environmental Resource

Section 7 Crimes of Smuggling, Trafficking in, Transporting and

Manufacturing Narcotic Drugs

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering and

Introducing Women into Prostitution

Section 9 Crimes of Manufacturing, Trafficking in and Disseminating

Pornographic Articles

Chapter VII Crimes of Endangering Interests of National Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes Contrary to Duties Committed by Servicemen

Supplementary Provisions

Part 1 General Provisions

Chapter I The Tasks, Basic Principles and Scope of Application of the Criminal Law

Article 1

This Law is formulated with a view to punishing crimes and protecting the people, and in accordance with the Constitution, and in the light of the concrete experiences in fighting against crimes and the actual circumstances.

Article 2

The tasks of the Criminal Law of the People's Republic of China are to use criminal punishments to fight against all criminal acts in order to defend the security of the State; to defend the political power of the people's dictatorship and socialist system; to protect property owned by the State and the property collectively owned by the working people; to protect the citizens' privately owned property; to protect the citizens' rights of the person and their democratic and other rights; to maintain public order and economical order, and to safeguard the smooth progress of the cause of the socialist revolution and socialist construction.

Article 3

Where an act is expressly defined in laws as a criminal act, it shall be determined and punished as a criminal act in accordance with the law; where an act is not expressly defined in the laws as a criminal act, it shall not be determined and punished as a criminal act.

Article 4

Anyone who commit a crime shall be equal in applying the law. No one is privileged to be beyond the law.

Article 5

The lightness or heaviness of the punishments shall be in accordance with the criminal acts and the criminal responsibility of the criminals.

Article 6

This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, unless the case is covered by special legal provisions.

This Law is also applicable to anyone who commits a crime on board a ship or an aircraft of the People's Republic of China.

If the criminal act or its consequence takes place within the territory of the People's Republic of China, the crime shall be deemed to have been committed within the territory of the People's Republic of China.

Article 7

This Law is applicable to the citizens of the People's Republic of China who commit crimes prescribed in this Law outside the territory of the People's Republic of China; however, they may not be investigated if for those crimes this Law prescribes a maximum punishment of fixed-term imprisonment of not more than three years.

This Law is applicable to state functionaries and servicemen of the People's Republic of China who commit crimes outside the territory of the People's Republic of China.

Article 8

This Law may be applicable to any foreigner who commits a crime outside the territory of the People's Republic of China, against the state of the People's Republic of China or against its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the law of the place where it was committed.

Article 9

This Law is applicable to the crimes prescribed in the international treaties concluded or acceded to by the People's Republic of China and over which the People's Republic of China has criminal jurisdiction within its obligation in accordance with the treaties.

Article 10

If any person commits a crime outside the territory of the People's Republic of China for which according to this Law he would bear criminal responsibility, he may still be dealt with according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated punishment.

Article 11

The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.

Article 12

If an act committed after the founding of the People's Republic of China and before the entry into force of this Law was not deemed a crime under the laws in force at the time, those laws shall apply. If the act was deemed a crime under the laws in force at that time and is subject to prosecution under the provisions of Section 8, Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated according to those laws. However, if this Law does not deem it a crime or imposes a lighter punishment, this Law shall apply.

The effective judgments made in accordance with the laws in force at that time before the entry into force of this Law, shall keep their effectiveness.

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Article 13

A crime refers to an act that endangers the sovereignty and territorial integrity and security of the state; dismembers the state and subverts the political power of the people's dictatorship and overthrows the socialist system; disrupts social order and economic order; violates property owned by the state or collectively owned by the working people; violates the citizens' privately owned property or infringes upon the citizens' rights of the person and their democratic and other rights; and any other act that endangers society and is punishable according to law. However, an act that is clearly of minor importance and little harm shall not be considered a crime.

Article 14

An intentional crime refers to a crime committed by a person who clearly knows that his act will produce socially dangerous consequences but who wishes or allows such consequences to occur.

Criminal responsibility shall be borne for intentional crimes.

Article 15

A negligent crime refers to a crime committed by a person who should have foreseen that his act would possibly produce socially dangerous consequences but who fails to do so through negligence or, having foreseen the consequences, readily believes that they can be avoided, the result being that these consequences do occur.

Criminal responsibility shall be borne for negligent crimes only when the law so provides.

Article 16

If an act in fact results in harmful consequences due to unavoidable or unforeseeable causes rather than intent or negligence, it shall not be a crime.

Article 17

Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of 16 and who commits homicide, intentionally injuring another person resulting in serious bodily injury or death, rape, robbery, selling narcotic drugs, arson, causing explosion, or spreading poisons, shall bear criminal responsibility.

Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment.

If a person is not punished because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline and educate him. When necessary, he may also be taken in by the government for reeducation.

Article 18

If a mental patient causes dangerous consequences at a time when he is unable to recognize or control his own conduct, and such a circumstance is confirmed by a forensic doctor, he shall not bear criminal responsibility, but his family members or guardian shall be ordered to keep him under strict surveillance and arrange for his medical treatment. When necessary, he may also be arranged for medical treatment under coercion by the government.

Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state.

Any mental patient who does not lose completely the ability to recognize or control his own conduct and commits a crime shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.

Any intoxicated person who commits a crime shall bear criminal responsibility.

Article 19

Any deaf-mute or blind person who commits a crime may be given a lighter or mitigated punishment or be exempted from punishment.

Article 20

Where a person conducts an act to stop an unlawful infringement in order to avert an immediate and unlawful infringement of the state's interest or of the public interest or of his own or another person's rights of the person, or property rights, or other rights, resulting in harm to the unlawful infringer, such an act shall be justifiable defence, and criminal responsibility shall not be borne for such an act.

Criminal responsibility shall be borne if justifiable defence apparently exceeds the limits of necessity and causes serious harm; however, a mitigated punishment or exemption from punishment shall be given.

Where a defence is conducted to an immediate violent crime of committing physical assault, committing homicide, robbery, rape, kidnapping, and other crimes seriously endangering the security of a person, and it causes bodily injury or death to the unlawful infringer, such an act shall not be defence that exceeds the limits of necessity, and criminal responsibility shall not be borne for such an act.

Article 21

Criminal responsibility shall not be borne for an act that a person is compelled to commit in an emergency to avert an immediate danger to the state's interest or the public interest or to his own or another person's rights of the person or property rights or other rights, and that causes harm.

Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes undue harm; however, a mitigated punishment or exemption from punishment shall be given.

The provisions of the first paragraph of this Article with respect to averting danger to oneself shall not apply to a person who is charged with specific responsibility in his post or profession.

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

Article 22

Preparation for a crime refers to the preparation of the instruments or the creation of the conditions for a crime.

An offender who prepares for a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment or be exempted from punishment.

Article 23

A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for reasons independent of his will.

An offender who attempts to commit a crime may, in comparison with one who completed the crime, be given a lighter or mitigated punishment.

Article 24

Discontinuation of a crime refers to cases where, in the process of committing a crime, the offender voluntarily quits continuing the crime or voluntarily and effectively prevents the consequences of the crime from occurring.

Where an offender who discontinues a crime and causes no harm, exempted from punishment shall be given; where an offender causes harm, a mitigated punishment shall be given.

Section 3 Joint Crimes

Article 25

A joint crime refers to an intentional crime committed by two or more persons jointly.

A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

Article 26

A principal criminal refers to any person who organizes and leads a criminal group in carrying out criminal activities or plays a principal role in a joint crime.

A criminal group refers to any relatively stable criminal organization which is composed of more than three persons for the purpose of committing a crime jointly.

A ringleader who organizes and leads a criminal group shall be given a punishment according to all the crimes the group has committed.

A principal criminal unless otherwise stipulated in the third paragraph shall be given a punishment according to all the crimes that he participates in or organizes or commands.

Article 27

An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

Article 28

A person who is compelled to participate in a crime shall, according to the circumstances of his crime, be given a mitigated punishment or be exempted from punishment.

Article 29

A person who instigates others to commit a crime shall be punished according to the role he has played in the joint crime. Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

Section 4 Crimes Committed by a Unit

Article 30

A company, enterprise, institution, organ, or public organization that conducts an act harmful to society, where such an act is stipulated as a crime, shall bear criminal responsibility.

Article 31

A unit which commits a crime shall be punished with a fine, and the person(s) directly in charge and other person(s) directly involved in the crime shall be given a punishment. Where Specific Provisions of this Law or other laws stipulate otherwise, such stipulation shall be applied.

Chapter III Punishments

Section 1 Types of Punishments

Article 32

Punishments are divided into principal punishments and supplementary punishments.

Article 33

The principal punishments are as follows:

(1)

public surveillance;

(2)

criminal detention;

(3)

fixed-term imprisonment;

(4)

life imprisonment; and

(5)

the death penalty.

Article 34

The supplementary punishments are as follows:

(1)

fines;

(2)

deprivation of political rights; and

(3)

confiscation of property.

Supplementary punishments may be imposed independently.

Article 35

Deportation may be imposed independently or supplementarily to a foreigner who commits a crime.

Article 36

If a victim has suffered economic losses as a result of a crime, the criminal shall, in addition to receiving a criminal sanction according to law, be sentenced to make compensation for the economic losses in the light of the circumstances.

If a criminal who bears civil responsibility and is punished with a fine in the meantime, has no enough property to pay off, or is punished with confiscation of property, he shall first bear responsibility of civil compensation to the victim.

Article 37

If the circumstances of a person's crime are minor and do not require punishment, he may be exempted from criminal sanctions; however, he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance, offer an apology, pay compensation for the losses or be subject to administrative punishment or administrative sanctions by the competent department.

Section 2 Public Surveillance(*1)

Article 38

The term of public surveillance shall not be less than three months and not more than two years.

Where a criminal is sentenced to public surveillance, his sentence shall be executed by a public security organ.

Article 39

A criminal who is sentenced to public surveillance must observe the following rules during the term in which his sentence is being executed:

(1)

observe laws and administrative regulations, submit to supervision;

(2)

forbidden to exercise the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration without approval of the public organ;

(3)

report on his own activities according to the demand of the organ executing the public surveillance;

(4)

observe the stipulation on meeting with guests by the organ executing the public surveillance; and

(5)

report and obtain approval from the organ executing public surveillance for departure from the county or city where he lives or change in residence.

Criminals sentenced to public surveillance shall, while engaged in labour, receive equal pay for equal work.

Article 40

Upon the expiration of a term of public surveillance, the executing organ shall immediately announce the termination of public surveillance to the criminal sentenced to public surveillance and to his unit or the masses of the place of his residence.

Article 41

A term of public surveillance shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day spent in custody shall be considered as two days of the term sentenced.

Section 3 Criminal Detention

Article 42

A term of criminal detention shall not be less than 1 months and not more than 6 months.

Article 43

Where a criminal is sentenced to criminal detention, his sentence shall be executed by the public security organ in the vicinity.

During the period of execution, a criminal sentenced to criminal detention may go home for one to two days each month; an appropriate remuneration may be given to those who participate in labour.

Article 44

A term of criminal detention shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

Section 4 Fixed-Term Imprisonment and Life Imprisonment

Article 45

A term of fixed-term imprisonment, unless otherwise stipulated in Article 50 and Article 69 , shall not be less than 6 months and not more than 15 years.

Article 46

A criminal sentenced to fixed-term imprisonment or life imprisonment shall serve his sentence in prison or another place for execution. Anyone who is able to work shall participate in labour, and accepts education and reform.

Article 47

A term of fixed-term imprisonment shall be counted from the date the judgment begins to be executed; if the criminal is held in custody before the execution of the judgment, each day in custody shall be considered as one day of the term sentenced.

Section 5 The Death Penalty

Article 48

The death penalty shall only be applied to criminals who have committed the most heinous crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.

All death sentences except for those that according to law should be decided by the Supreme People's Court, shall be submitted to the Supreme People's Court for approval. Death sentences with a suspension of execution may be decided or approved by a higher people's court.

Article 49

The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women who are pregnant at the time of trial.

Article 50

If a person sentenced to death with a suspension of execution does not commit an intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of that two-year period; if he performs great meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than 20 years upon the expiration of that two-year period; if it is verified that be has committed an intentional crime, the death penalty shall be executed upon the approval of the Supreme People's Court.

Article 51

The term of suspension of execution of a death penalty shall be counted from the date the judgment becomes final. The term of a fixed-term imprisonment that is commuted from a death penalty with suspension of execution shall be counted from the date of expiration of the term of suspension of execution of a death.

Section 6 Fines

Article 52

The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53

A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is unable to pay all the fine, a people's court shall, when it finds that the person subjected to execution has any other property, pursue the payment at any time. If a person has true difficulties in paying because of an unavoidable disaster, the fine may be reduced or remitted according to the circumstances.

Section 7 Deprivation of Political Rights

Article 54

Deprivation of political rights refers to deprivation of the following rights:

(1)

the right to vote and to stand for election;

(2)

the rights of freedom of speech, of the press, of assembly, of association, of procession, and of demonstration;

(3)

the right to hold a position in a state organ; and

(4)

the right to hold a leading position in any state-owned company or enterprise, institution or people's organization.

Article 55

A term of deprivation of political rights shall not be less than one year and not more than five years, except as stipulated in Article 57 of this Law.

If a person sentenced to public surveillance is deprived of political rights as a supplementary punishment, the term of deprivation of political rights shall be the same as the term of public surveillance, and the punishments shall be executed simultaneously.

Article 56

Criminals who commit crimes of endangering the state security shall be sentenced to deprivation of political rights as a supplementary punishment; Criminals who commit crimes of intentional homicide, rape, arson, causing explosion, spreading poisons, robbery and other crimes which seriously undermine public order may also be sentenced to deprivation of political rights as a supplementary punishment.

If deprivation of political rights is imposed independently, stipulation of the Specific Provisions of this Law shall be applied.

Article 57

Criminals who are sentenced to death or to life imprisonment shall be deprived of political rights for life.

If a death penalty with a suspension of execution is commuted to a fixed-term imprisonment, or a life imprisonment is commuted to a fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years.

Article 58

A term of deprivation of political rights as a supplementary punishment shall be counted from the date on which imprisonment or criminal detention ends or from the date on which parole begins. Deprivation of political rights shall of course be in effect during the period in which the principal punishment is being executed.

Criminals who are sentenced to deprivation of political rights shall observe laws and administrative regulations and relevant stipulations on supervision and administration promulgated by the Department of Public Security under the State Council, submit to supervision; and shall not exercise the rights of freedom stipulated in Article 54 of this Law.

Section 8 Confiscation of Property

Article 59

Confiscation of property refers to the confiscation of part or all of the property personally owned by a criminal. When all of the property of a criminal is confiscated, necessaries of life for the criminal and his dependent family members shall be left out.

When a sentence of confiscation of property is imposed, property that the criminal's family members own or should own shall not be subject to confiscation.

Article 60

If it is necessary to use a confiscated property to repay legitimate debts that the criminal incurred before his property is confiscated, such debts shall be paid at the request of the creditors.

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Article 61

When sentencing a criminal, a punishment shall be imposed based on the facts, nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.

Article 62

In cases where the circumstances of a crime call for a heavier or a lighter punishment under the provisions of this Law, the criminal shall be sentenced to a punishment within the limits of the prescribed punishment.

Article 63

In cases where the circumstances of a crime call for a mitigated punishment under the provisions of this Law, the criminal shall be sentenced to a punishment less than the prescribed punishment.

Even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, the criminal may, upon approval of the Supreme People's Court, be sentenced to a punishment less than the prescribed punishment according to the special particulars of the case.

Article 64

All property illegally obtained by a criminal shall be recovered, or compensation shall be ordered. Legal property of the victim shall be returned. Contrabands and possessions of the criminal that were used in the crime shall be confiscated. The property confiscated and fine shall be turned over to the State Treasury, and shall not be misappropriated or disposed without authorization.

Section 2 Recidivists

Article 65

If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply to cases of negligent crime.

For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

Article 66

A criminal who has committed a crime of endangering the state's security at any time after serving his sentence or receiving a pardon shall, if he commits another crime of endangering the state's security, be dealt with as a recidivist.

Section 3 Voluntary Surrender and Rendering Meritorious Service

Article 67

Voluntary Surrender refers to the case that anyone who voluntarily surrenders himself to a judicial organ after committing a crime, and truthfully confesses his crime. A criminal who conducts voluntary surrender may be given a lighter or mitigated punishment. Those whose crimes are relatively minor may be exempted from punishment.

If a suspected criminal or defendant under compulsory measure or criminal who serves a sentence truthfully confesses his other crimes that is unknown to a judicial organ, he shall be dealt with as voluntary surrender.

Article 68

A criminal who is verified that he discloses another person's crime, or provides key clues that lead to solve another case or renders other meritorious service may be given a lighter or mitigated punishment. Those who renders great meritorious service may be given a mitigated punishment or be exempted from punishment.

Those who not only conducts voluntary surrender but also renders great meritorious service shall be given a lighter punishment or be exempted from punishment.

Section 4 Combined Punishment for Several Crimes

Article 69

For a criminal who commits several crimes before a judgment is pronounced, unless he is sentenced to death or life imprisonment, his term of punishment shall be decided in such a way that it may not exceed the total of the terms for all the crimes and must be longer than the maximum term for any one of the crimes, depending on the circumstances of each case. However, the term of public surveillance may not exceed three years, the term of criminal detention may not exceed one year, and fixed-term imprisonment may not exceed twenty years.

If among the crimes there are any for which a supplementary punishment is imposed, the supplementary punishment must still be executed.

Article 70

If after a judgment has been pronounced but before the punishment has been completely executed it is discovered that before the judgment was pronounced the criminal committed another crime for which he was not sentenced, a judgment shall also be rendered for the newly discovered crime; the punishment to be executed shall be determined on the basis of the punishments imposed in the former and latter judgments and according to the provisions of Article 69 of this Law. Any portion of the term that has already been served shall count towards fulfilment of the term imposed by the latest judgment.

Article 71

If after a judgment has been pronounced but before the punishment has been completely executed the criminal again commits a crime, another judgment shall be rendered for the newly committed crime; the punishment to be executed shall be decided on the basis of the punishment that remains to be executed for the former crime and the punishment imposed for the latter crime and according to the provisions of Article 69 of this Law.

Section 5 Suspension of Sentence

Article 72

A suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, suspension of the sentence will not result in further harm to society.

If a supplementary punishment has been imposed on a criminal whose sentence has been suspended, the supplementary punishment must still be executed.

Article 73

The probation period for suspension of criminal detention shall be not less than the term originally decided and not more than one year, but it may not be less than two months.

The probation period for suspension of fixed-term imprisonment shall be not less than the term originally decided and not more than five years, but it may not be less than one year.

The probation period for suspension of sentence shall be counted from the date the judgment is made final.

Article 74

Suspension of sentence shall not be applied to recidivists.

Article 75

A criminal whose sentence has been suspended shall observe following provisions:

(1)

observe laws and administrative regulations, submit to supervision;

(2)

report his own activities according to observing organs' stipulations;

(3)

observe observing organs' stipulations on meeting with guests; and

(4)

report and obtain approval from observing organs for any departure from the city or county where he lives or change in residence.

Article 76

A criminal whose sentence has been suspended shall, during the probation period for suspension, observed by the public security organ, and the unit to which he belongs or a basic-level organization shall take concerted action. If the cases stipulated in Article 77 of this Law do not occur, the punishment originally decided shall not be executed upon the expiration of the probation period for suspension, and such a fact shall be declared in public.

Article 77

During the probation period for suspension, if a criminal whose sentence has been suspended commits further crime or, is found that he committed another crime for which he was not sentenced, the suspension shall be revoked and a judgment shall also be rendered for the newly committed crime or newly discovered crime, and the punishment to be executed shall be decided on the basis of the punishment for the former and latter crimes and according to the provisions of Article 69 of this Law.

A criminal whose sentence has been suspended shall, if he violates a law or a regulation or relevant provisions concerning supervision and administration on suspension promulgated by the Department of Public Security under the State Council during the probation period for suspension, and the circumstance of such violation is severe, suspension shall be revoked and punishment originally decided shall be executed.

Section 6 Commutation of Punishment

Article 78

A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his punishment commuted if he observes the rules of prison conscientiously, accepts education and reform, and shows true repentance or performs meritorious service while serving his sentence. Those who perform any of following great meritorious service shall have punishment commuted:

(1)

prevent other persons from committing serious crimes;

(2)

bring accusations with respect to the serious crimes within or outside the prison, and such accusation is verified;

(3)

conduct invention, creation or great technical innovation;

(4)

risk life to save others in routine production and life;

(5)

make outstanding performance in resisting natural disaster or in removing serious accident; or

(6)

provide other great contributions to the state and society.

After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life imprisonment, it may not be less than ten years.

Article 79

Commutation of punishment of a criminal shall be put forward in the form of the proposal document concerning commutation of punishment by the executing organ towards an intermediate people's court or a people's court at higher level. The people's courts shall form a collegial panel to hold a trial, and decide commutation of punishment for those who show true repentance or have fact of performing meritorious service. No commutation shall be decided unless by a legal procedure.

Article 80

A term of fixed-term imprisonment that is commuted from a life imprisonment shall be counted from the date the order of commutation is issued.

Section 7 Parole

Article 81

Criminals sentenced to fixed-term imprisonment who have served more than half of the term of their original sentence or criminals sentenced to life imprisonment who have served not less than ten years of their term may be granted parole if they observe rules of prison conscientiously, accept education and reform, and show true repentance, and will no longer cause harm to society after parole. If special circumstances exist, and upon approval of the Supreme People's Court, the above restrictions relating to the term served may be disregarded.

Recidivists and criminals sentenced to fixed-term imprisonment of more than ten years or life imprisonment for violent crimes such as committing homicide, causing explosion, robbery, rape and kidnapping shall not be granted parole.

Article 82

Parole of a criminal shall be decided according to the procedure stipulated in Article 79 of this Law. No parole shall be granted unless by a legal procedure.

Article 83

The probation period for parole in the case of a fixed-term imprisonment shall be equal to the portion of the term that has not been completed; the probation period for parole in the case of life imprisonment shall be ten years.

The probation period for parole shall be counted from the date the criminal is released on parole.

Article 84

A criminal who is granted parole shall observe following provisions:

(1)

observe laws and administrative regulations, submit to supervision;

(2)

report his own activities according to the stipulations of the supervising organs;

(3)

observe the stipulations of meeting with guests promulgated by the supervising organs; and

(4)

report and obtain approval from the supervising organs for any departure from the city or county where he lives or change in residence.

Article 85

A criminal who is granted parole shall be subject to supervision by a public security organ during the probation period for parole. If the circumstance stipulated in Article 86 of this Law does not occur, the punishment to which he was originally sentenced shall be considered to have been completely executed upon the expiration of the probation period for parole; and such a fact shall be declared in public.

Article 86

If a criminal who is granted parole does commit further crime during the probation period for parole, the parole shall be revoked and combined punishment for several crimes shall be decided according to Article 71 of this Law.

During the probation period for parole, if a criminal who is granted parole is found that before the judgment was announced he committed another crime for which he was not sentenced, parole shall be revoked and combined punishment for several crimes shall be decided according to Article 70 of this Law.

A criminal who is granted parole shall, if he violates a law or an administrative regulation, or a stipulation on supervision and administration concerning parole promulgated by the Department of Public Security under the State Council during the probation period for parole, and such an act does not constitute a further crime, parole shall be revoked according to the legal procedure, and the criminal shall be sent to prison for the execution of the unexecuted punishment.

Section 8 Limitation

Article 87

Crimes shall not be prosecuted if the following periods have elapsed:

(1)

five years, when the maximum prescribed punishment is fixed-term imprisonment of less than five years;

(2)

ten years, when the maximum prescribed punishment is fixed-term imprisonment of not less than five years but less than ten years;

(3)

fifteen years, when the maximum prescribed punishment is fixed-term imprisonment of not less than ten years; and

(4)

twenty years, when the maximum prescribed punishment is life imprisonment or death. If after twenty years it is considered that a crime must be prosecuted, the matter must be submitted to the Supreme People's Procuratorate for approval.

Article 88

No limitation on the period for prosecution shall be imposed with respect to criminals who escape from investigation or trial after a people's procuratorate or public security organ or state security organ places the case on file and conducts investigation, or a people's court handles the case.

No limitation on the period for prosecution shall be imposed if a victim puts forward accusation during a limitation period for prosecution, and a people's court or people's procuratorate or public security organ shall place the case on file but fails to do so.

Article 89

The limitation period for prosecution shall be counted from the date of the crime; if the criminal act is of a continual or continuous nature, it shall be counted from the date the criminal act is terminated.

If further crime is committed during a limitation period for prosecution, the limitation period for prosecution of the former crime shall be counted from the date the latter crime is committed.

Chapter V Other Provisions

Article 90

Where the provisions of this Law cannot be completely applied in national autonomous areas, the people's congresses of those autonomous regions or the provinces concerned may formulate adoptive or supplementary provisions based on the political, economic and cultural characteristics of the local nationalities and the basic principles stipulated in this Law, and these provisions shall go into effect after they have been submitted to and approved by the Standing Committee of the National People's Congress.

Article 91

"Public property" as mentioned in this Law refers to the following:

(1)

property owned by the state;

(2)

property owned collectively by working people; and

(3)

property by social donation and property as specific-purpose fund all of which are used for helping the poor or for other causes of public welfare.

Private property that is being managed, used or transported by the state organs, state-owned companies or enterprises, collective-owned enterprises and people's organizations shall be treated as public property.

Article 92

"Citizens' privately owned property" as mentioned in this Law refers to the following:

(1)

citizens' lawfully earned income, savings, houses and other means of livelihood;

(2)

any means of production that are under individual or family ownership according to law;

(3)

legal property owned by individual household and private enterprises; and

(4)

shares, stocks, bonds and other property owned by individuals according to law.

Article 93

"State functionaries" as mentioned in this Law refers to personnel of state organs who are engaged in public service according to law.

Personnel of state-owned companies or enterprises or institutions and people's organizations who are engaged in public service and personnel who are appointed and sent by state organs, state-owned companies or enterprises or institutions to non-state-owned companies or enterprises or institutions or mass organizations to carry out public service, and other personnel who are engaged in public service according to law, shall be treated as state functionaries.

Article 94

"Judicial functionaries" as mentioned in this Law refers to staff who have the functions of investigation, prosecution, adjudication and supervision and management.

Article 95

"Serious injuries" as mentioned in this Law refers to any of the following:

(1)

injuries resulting in loss of a person's use of a limb or in disfigurement;

(2)

injuries resulting in loss of a person's hearing, sight or the function of any other organ; and

(3)

other injuries that cause grave harm to a person's physical health.

Article 96

"To violate the state stipulations" as mentioned in this Law refers to violation of laws and decisions enacted by the National People's Congress and its Standing Committee, and of administrative regulations enacted by the State Council or administrative measures adopted by the State Council or decisions and orders issued by the State Council.

Article 97

"Ringleader" as mentioned in this Law refers to any criminal who has the role of organizing, planning or directing a criminal group or a crowd assembled to commit a crime.

Article 98

"To be handled only upon complaint" as mentioned in this Law means that a case shall only be handled if the victim brings a complaint. If the victim is unable to bring a complaint because of coercion or intimidation, a people's procuratorate or a close relative of the victim may bring his complaint.

Article 99

"Not less than", "not more than" and "within" as mentioned in this Law all include the given figure.

Article 100

Any person who was given a criminal punishment shall, when joining the army or getting a job, report truthfully that he was ever given a criminal punishment to relevant units, and shall not conceal the fact.

Article 101

The General Provisions of this Law are applicable to other laws with provisions for criminal punishments, unless otherwise provided in other laws.

Part 2 Specific Provisions

Chapter I Crimes of Endangering the State Security

Article 102

Whoever colludes with a foreign state in jeopardizing the sovereignty, territorial integrity and security of the People's Republic of China shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

Whoever colludes with an agency or organization or individual outside China and commits the crime stipulated in the preceding paragraph shall be punished according to the provisions of the preceding paragraph.

Article 103

Ringleaders who organize, scheme for or carry out dismembering the state and undermining the unification of the state and those whose crimes are severe shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years. Active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever incites dismembering the state and undermining the unification of the state shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. Ringleaders or those whose crimes are severe shall be sentenced to fixed-term imprisonment of not less than five years.

Article 104

Ringleaders who organize, scheme for or carry out armed rebellion or armed riot and those whose crimes are severe shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years. Active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever instigates, forces, lures, or bribes a state functionary or a member of the armed forces, the people's police or the people's militia to conduct armed rebellion or armed riot shall be given a heavier punishment according to the provisions of the preceding paragraph.

Article 105

Ringleaders who organize, scheme for or carry out subverting the state's political power and overthrowing the socialist system and those whose crimes are severe shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years. Active participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever incites subverting the state's political power and overthrowing the socialist system through starting a rumour or slander or by other means shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. Ringleaders or those whose crimes are severe shall be sentenced to fixed-term imprisonment of not less than five years.

Article 106

Whoever colludes with an agency or organization or individual outside China and carries out any crime stipulated in the provisions of Article 103 , Article 104 or Article 105 in this Chapter shall be given a heavier punishment according to the provisions of relevant Article.

Article 107

Person(s) who directly bear the responsibility of an agency or organization or individual within or outside China shall, if the agency or organization or individual subsidizes an organization or individual within China in carrying out a crime stipulated in Article 102 , Article 103 , Article 104 or Article 105 in this Chapter, be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years.

Article 108

Whoever defects to the enemy and turns traitor shall be sentenced to fixed-term imprisonment of not less three years and not more than ten years; if the circumstances are serious or the case concerns the leading of members of the armed forces, the people's police or the people's militia to defect to the enemy and turn traitor, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 109

A state functionary who, during the time when he is on duty, leaves his post and flees the country and turns traitor, or flees and turns traitor outside China, and endangers the state's security of the People's Republic of China, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.

A state functionary who holds state secrets and commits the crime stipulated in the preceding paragraph shall be given a heavier punishment according to the provisions of the preceding paragraph.

Article 110

Whoever conducts any of the following acts of espionage and endangers the state's security shall be sentenced to fixed-term imprisonment or life imprisonment; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years:

(1)

joining a espionage organization or accepting tasks from a espionage organization and its agent; and

(2)

directing the enemy to any bombing or shelling target.

Article 111

Whoever steals, spies on, buys or illegally provides state secrets or intelligence for an agency or organization or people outside China shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Article 112

Whoever supplies arms, equipment or military materials to aid the enemy during wartime shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 113

If any crime of endangering the state security mentioned above in this Chapter, except those mentioned in the second paragraph of Articles 103, Article 105 , Article 107 and Article 109 , causes especially serious harm to the state and the people and the circumstances are especially flagrant, the death penalty may be imposed.

Whoever commits any of the crimes mentioned in this Chapter may concurrently be sentenced to confiscation of property.

Chapter II Crimes of Endangering Public Security

Article 114

Whoever sets fires, breaches dikes, causes explosions, spreads poisons or uses other dangerous means to sabotage factories, mines, oilfields, harbours, rivers, water sources, warehouses, dwellings, forests, farms, threshing grounds, pastures, important pipelines, public buildings or other public or private property and thereby endangers public security, if serious consequences have not yet resulted, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 115

Whoever sets fires, breaches dikes, causes explosions, spreads poisons or uses other dangerous techniques resulting in serious human injury or death or great loss of public or private property shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 116

Whoever sabotages trains, motor vehicles, trams, ships or aircraft in a manner that is sufficient to put trains, motor vehicles, trams, ships or aircraft in danger of overturning or being destroyed, if serious consequences have not yet resulted, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 117

Whoever sabotages railroads, bridges, tunnels, highways, airports, waterways, lighthouses or signs or conducts other damaging activities in a manner that is sufficient to put trains, motor vehicles, trams, ships or aircraft in danger of overturning or being destroyed, if serious consequences have not yet resulted, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 118

Whoever sabotages electric power or gas facilities or other inflammable or explosive equipment and thereby endangers public security, if serious consequences have not yet resulted, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 119

Whoever sabotages a means of transport, transportation facilities, electric power facilities, gas facilities, or inflammable or explosive equipment and thereby causes serious consequences shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 120

Whoever organizes, leads and actively participates in terroristic organization shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph and concurrently commits homicide, causing explosion, kidnapping or other crimes shall be punished according to the provisions of combined punishment for several crimes.

Article 121

Whoever hijacks any aircraft by means of violence, intimidation or in any other manner shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. Any hijacker who causes serious bodily injury to or death of any other person, or serious damage to the aircraft, shall be sentenced to death.

Article 122

Whoever hijacks any ship or motor vehicle by means of violence, intimidation or in any other manner shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; If serious consequences have been caused, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

Article 123

Whoever exercises violence to any person in a aircraft in flight and endangers the safety of flight, if serious consequences have not yet resulted, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; the offender who causes serious consequences shall be sentenced to fixed-term imprisonment of not less than five years.

Article 124

Whoever sabotages broadcast and television facilities or public telecommunications facilities and thereby endangers public security shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if serious consequences have resulted, the offender shall be sentenced to fixed-term imprisonment of not less than seven years.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 125

Whoever illegally manufactures, trades in, transports, posts or stores guns, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Whoever illegally trades in or transports nuclear materials shall be punished according to provisions of the preceding paragraph.

Any unit which commits a crime mentioned in the preceding two paragraphs shall be sentenced to a fine, and concurrently persons directly in charge and other persons directly responsible for the crime of the unit shall be punished according to the provisions of the first paragraph.

Article 126

If an enterprise engaged in manufacturing or selling of guns which is designated or defined according to law violates regulations on management of guns and commits any of the following acts, it shall be sentenced to a fine, and concurrently persons directly in charge and other persons directly responsible for the crimes shall be sentenced to fixed-term imprisonment of not more than five years; if mstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment:

(1)

manufacturing or assigning and selling guns exceeding the limit or not according to the limit for the purpose of illegal sale;

(2)

manufacturing guns without numbers or with same number or false number for the purpose of illegal sale; and

(3)

illegally selling guns or selling the guns for export in China.

Article 127

Whoever steals or forcibly seizes guns, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Whoever robs guns, ammunition or explosives, or steals or forcibly seizes the guns, ammunition or explosives of state organs, members of the armed forces, the police or the people's militia shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Article 128

Whoever, in violation of regulations on control of guns, holds illegally or keeps in secret guns or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

If a person who is allocated a gun for public service according to law illegally leases or lends his gun, he shall be punished according to the provisions of the preceding paragraph.

If a person who is allocated a gun according to law illegally leases or lends his gun and causes serious consequences, he shall be punished according to the provisions of the first paragraph.

Any unit which commits any crime mentioned in the first or second paragraph shall be sentenced to a fine, and concurrently persons directly in charge and persons directly responsible for the crime shall be punished according to the provisions of the first paragraph.

Article 129

If a person who is allocated a gun for public service loses his gun and fails to report and thereby causes serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 130

Whoever illegally carries guns, ammunition, knives under control or explosive, inflammable, radioactive, poisonous or corrosive materials, and enters into public places or public transportation means, and endangers public security with serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 131

If an airman violates the rules and regulations and thereby causes a serious flight accident resulting in serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if crash of an aircraft or injury or death has resulted, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 132

If a person who works in a railway enterprise violates the rules and regulations and thereby causes a railway transportation accident resulting in serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if especially serious consequences have resulted, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 133

Whoever violates the regulations on control of communications or transportation and thereby causes a serious accident resulting in serious bodily injury or death or serious losses to public or private property, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the offender flees after causing a communication or transportation accident or has other especially flagrant circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if his fleeing causes another person's death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 134

If any staff member or worker of a factory, mine, forestry centre, construction enterprise or other enterprise or institution disobeys management and violates the rules and regulations or forces workers to work in a hazardous way in violation of the rules and thereby causes a serious accident involving injury or death or other serious consequences, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 135

If a factory, mine, forestry centre, construction enterprise or other enterprise or institution whose labour safety facilities do not conform to the state's stipulations fails to take measures to hidden peril of the accident after relevant departments, or staff members or workers of relevant units put forward a demand, and thereby causes a serious accident involving injury or death or other serious consequences, persons directly in charge shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 136

If anyone violates the regulations on the control of explosive, inflammable, radioactive, poisonous or corrosive materials and thereby causes a serious accident during the production, storage, transportation or use of those materials, and serious consequences result, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 137

If a building unit, design unit, construction unit or project supervision unit violates the state's stipulations and lowers the project's quality standard and thereby causes a serious accident, persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently to a fine; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently to a fine.

Article 138

If it is clearly known that schoolhouses or facilities for education or schooling are in danger but no measures are taken or no reports are conducted in time thereby causing a serious accident involving injury or death, persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 139

If any person or unit violates regulations on fire control and refuses to take remedy measures after a fire control supervision organ told him or it to do so, and thereby causes serious consequences, persons directly responsible for them shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Chapter III Crimes of Undermining the Socialist Market Economic Order

Section 1 Crimes of Production and Sale of Fake or Substandard Commodities

Article 140

Where a producer or seller mixes impurities or imitations into a product, or passes a fake product off as a genuine one, or passes a defective product off as a high-quality one, or passes a substandard product off as a standard one, if the sum obtained through sale amounts to not less than 50,000 yuan but less than 200,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and concurrently or independently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that. If the sum obtained through sale amounts to not less than 200,000 yuan but less than 500,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that. If the sum obtained through sale amounts to not less than 500,000 yuan but less than 2,000,000 yuan, the offender shall be sentenced to fixed-term imprisonment of not less than seven years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that. If the sum obtained through sale amounts to not less than 2,000,000 yuan, the offender shall be sentenced to fixed-term imprisonment of fifteen years or life imprisonment, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that or confiscation of property.

Article 141

Whoever produces or sells fake medicine in a manner that is sufficient to cause serious harm to human health shall be sentenced to fixed-term imprisonment of not more three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that; if the offence causes serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that; if the offence causes death of a person or any other especially serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that or confiscation of property.

"Fake medicine" mentioned in this Article refers to a medicine or a non-medical substance to be categorized as or handled as fake medicine in accordance with the provisions of the Pharmaceutical Administration Law of the People's Republic of China.

Article 142

Whoever produces or sells medicine of inferior quality and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that or confiscation of property.

"Medicine of inferior quality" mentioned in this Article refers to a medicine to be categorized as a medicine of inferior quality in accordance with the provisions of the Pharmaceutical Administration Law of the People's Republic of China.

Article 143

Whoever produces or sells food that does not conform to hygiene standards in a manner that is sufficient to cause a serious food-poisoning accident or any serious disease caused by food-borne bacteria shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that. If the offence causes serious harm to human health, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that or confiscation of property.

Article 144

Whoever mixes the food to be produced or sold with toxic or harmful non-food stuffs, or sells the food mixed with toxic or harmful non-food stuffs that he knows clearly, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of that sum. If the offence causes a serious food-poisoning accident or any serious disease caused by food-borne bacteria, thus seriously harming human health, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum. If the offence causes death to a person or especially serious harm to human health, the offender shall be punished according to the provisions of Article 141 of this Law.

Article 145

Whoever produces medical appliances or medical hygiene materials that do not conform to the national or trade standards safeguarding human health, or sells such appliances or materials while clearly knowing their inconformity to the national or trade standards safeguarding human health, and thereby causes serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than five years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum; the offender whose circumstances are especially flagrant shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum or confiscation of property.

Article 146

Whoever produces electrical appliances, pressure containers, explosive or inflammable products or any other products that do not conform to the national or trade standards safeguarding the safety of person or property, or sells such products while clearly knowing their inconformity to the national or trade standards safeguarding the safety of person or property, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum. If the consequences are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum.

Article 147

Whoever produces fake pesticides, fake animal pharmaceuticals or fake chemical fertilizers, or sells pesticides, animal pharmaceuticals, chemical fertilizers or seeds while clearly knowing that such products are fake or no longer effective, or any producer or seller passes substandard pesticides, animal pharmaceuticals, chemical fertilizers or seeds off as those up to standard and thereby causes considerable losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum. If the offence causes serious losses to production, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum. If the offence causes especially serious losses to production, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and concurrently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum or confiscation of property.

Article 148

Whoever produces cosmetics that do not conform to hygiene standards or sells such products while clearly knowing their inconformity to hygiene standards and thereby causes serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than half of the sum obtained through sale and not more than twice of the sum.

Article 149

Whoever produces or sells the products mentioned in from Article 141 to Article 148 of this Section and does not yet constitute a crime mentioned in any of the Articles, and with the sum obtained through sale amounting to 50,000 yuan, shall be decided a crime and given a punishment according to the provisions of Article 140 of this Section.

Whoever produces or sells the products mentioned in from Article 141 to Article 148 of this Section and constitutes a crime mentioned in one of the Articles, and in the meantime also constitutes a crime mentioned in Article 140 of this Section, shall be decided a crime and given a punishment according to the Article with a heavier punishment.

Article 150

If a unit commits a crime mentioned in from Article 140 to Article 148 of this Section, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of a relevant Article.

Section 2 Crimes of Smuggling

Article 151

Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years, and concurrently be sentenced to a fine or confiscation of property. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine.

Whoever smuggles cultural relics, gold, silver or other precious metals forbidden by the state from being exported, or precious and rare species of wildlife forbidden by the state from being imported and exported as well as the products thereof, shall be sentenced to fixed-term imprisonment of not less than five years, and concurrently be sentenced to a fine. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than five years, and concurrently be sentenced to a fine.

Whoever smuggles precious and rare species of plants forbidden by the state from being imported and exported and the products thereof shall be sentenced to fixed-term imprisonment of not more than five years, and concurrently or independently be sentenced to a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and concurrently be sentenced to a fine.

Whoever commits any crime mentioned in the first and second paragraphs, if the circumstances are especially serious, shall be sentenced to life imprisonment or death, and concurrently be sentenced to confiscation of property.

If a unit commits any crime mentioned in this Article, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the relevant paragraph of this Article.

Article 152

Whoever, for the purpose of making profits or dissemination, smuggles pornographic movies, videotapes, magnetic tapes, pictures, publications or other pornographic articles shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to 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 three years, criminal detention or public surveillance, and concurrently be sentenced to a fine.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

Article 153

Whoever smuggles goods and articles not specified in Article 151 , Article 152 , Article 347 shall be punished according to the following provisions in the light of the seriousness of the circumstances:

(1)

Whoever smuggles goods and articles of which the tax payable evaded amounts to not less than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than the tax payable and not more than five times of the sum or confiscation of property. If the circumstances are especially serious, the offender shall be punished according to the provisions of the fourth paragraph of Article 151 of this Law.

(2)

Whoever smuggles goods and articles of which the tax payable evaded amounts to not less than 150,000 yuan and not more than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than the tax payable and not more than five times of the sum. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than the tax payable and not more than five times of the sum or confiscation of property.

(3)

Whoever smuggles goods and articles of which the tax payable evaded amounts to not less than 50,000 yuan and not more than 150,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently be sentenced to a fine of not less than the tax payable and not more than five times of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years.

Whoever repeatedly smuggles and goes unpunished shall be punished according to the accumulated tax payable of the smuggled goods and articles.

Article 154

Whoever commits any of the following acts of smuggling that constitutes a crime according to the provisions of this Section shall be decided a crime and punished according to the provisions of Article 153 of this Law:

(1)

without approval by the Customs and without having paid the overdue customs duties, selling for profits without authorization, within the territory of China, authorized imported bonded goods such as materials supplied by foreign clients for processing, parts supplied by them for assembly or raw or processed materials, parts, finished products or equipment for compensation trade; or

(2)

without approval by the Customs and without having paid the overdue customs duties, selling for profits without authorization, within the territory of China, imported goods and articles specially designated for the reduction of or exemption from duties.

Article 155

Whoever commits any of the following acts shall be deemed to have committed the crime of smuggling and shall be punished according to the provisions of this Section:

(1)

directly and illegally purchasing from smugglers articles forbidden by the state from being imported or directly and illegally purchasing from smugglers other smuggled imported goods and articles, involving relatively large quantities or values; or

(2)

transporting, purchasing and selling in inland seas and territorial waters articles forbidden by the state from being imported or exported or goods and articles subject to state restrictions on import and export, involving relatively large quantities and values and without legal certifications; or

(3)

evading the supervision and administration by the Customs and transporting the solid waste from abroad into China.

Article 156

Whoever conspires with criminals committing smuggling by offering them loans, funds, account numbers, invoices or certificates, or by providing them with such conveniences as transportation, storage or mailing, shall be deemed as an accomplice in the crime of smuggling and punished as such.

Article 157

Whoever shields smuggling with armed force shall be given a heavier punishment according to the provisions of the first and fourth paragraphs of Article 151 of this Law.

Whoever, by means of violence or threat, resists the seizure of smugglers or smuggled goods shall be punished for crimes of smuggling and of preventing state personnel from carrying out their functions according to law as stipulated in Article 277 of this Law and in accordance with the provisions regarding the combined punishment for several crimes.

Section 3 Crimes of Impairing Order of Administering upon Companies and Enterprises

Article 158

Whoever, in the course of application for registration of company, reports falsely registered capital by using false documents of certificate or in other method of swindling, deceives the authorities in charge of registration of company, and goes through the procedures of registration shall, if the amount of registered capital reported falsely is huge or consequences are serious or other serious circumstances exist, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 1% of the sum of registered capital reported falsely and not more than 5% of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 159

A company initiator or shareholder who violates the provisions of the Company Law and invests falsely in the method of not delivering currency, material objects, or not transferring property rights, or draws back the capital after a company is established shall, if the amount involved is huge or consequences are serious or other serious circumstances exist, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 2% of the sum of the capital provided falsely or drawn back and not more than 10% of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 160

Whoever conceals important facts or fabricates important false contents in the prospectuses on share offer, documents of subscription for shares or measures on raising bonds for a company or enterprise, and issues shares or bonds for a company or enterprise shall, if the amount involved is huge, or consequences are serious or other serious circumstances exist, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 1% of the sum of the fund raised illegally and not more than 5% of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 161

If a company provides the shareholders and the general public with false financial and accounting statements or financial and accounting statements in which it conceals important facts, persons directly in charge and other persons directly responsible for the crime of the company shall, if interests of shareholders or other persons are seriously harmed, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

Article 162

If a company or enterprise, in the course of liquidation, hides property, records falsely in the balance sheet or detailed list of property or, distributes property of the company or enterprise before payment of debts, persons directly in charge and other persons directly responsible for the crime shall, if interests of creditors or other persons are seriously harmed, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

Article 163

Whoever from the staff of a company or enterprise takes advantage of his office to extort or accept illegally property from others and makes profits for others shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and may concurrently be sentenced to confiscation of property.

Whoever from the staff of a company or enterprise, in the course of economic activities, accepts whatever kind of rebate or commission in violation of the state's stipulations, and takes possession of it, shall be punished according to the provisions of the preceding paragraph.

If personnel of a state-owned company or enterprise who is engaged in public service and personnel who is appointed and sent by a state-owned company or enterprise to a non-state-owned company or enterprise to carry out public service conducts an act mentioned in the preceding two paragraphs, he shall be decided a crime and punished according to the provisions of Article 385 or Article 386 of this Law.

Article 164

Whoever offers property to the staff of a company or enterprise in order to make illegal profits shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

The briber who confesses actively his bribery before being prosecuted may be given a mitigated punishment or be exempted from punishment.

Article 165

Whoever from directors or managers of a state-owned company or enterprise takes advantage of his office to make business which is the same as that of the company or enterprise in which he takes office for himself or for others, and obtains illegally interests shall, if the amount involved is huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine. If the amount involved is especially huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine.

Article 166

Whoever from the staff of a state-owned company, enterprise or institution takes advantage of his office to commit any of the following acts shall, if a heavy loss of state's interests is caused, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine. If a especially heavy loss of the state's interests is caused, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine:

(1)

assigning his relatives and friends to do profit-making business of his unit;

(2)

purchasing goods at a price which is obviously higher than the market price from the units run or managed by his relatives and friends or selling goods at a price which is obviously lower than the market price to the units run or managed by his relatives and friends; or

(3)

purchasing substandard goods from the units run or managed by his relatives and friends.

Article 167

Whoever from the persons directly in charge of a state-owned company, enterprise or institution, in the course of signing or fulfiling contracts, is defrauded because of serious neglect of duty, and causes the interests of the state to suffer a heavy loss shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If he causes the interests of the state to suffer a especially heavy loss, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Article 168

Whoever from the persons directly in charge of a state-owned company or enterprise engages in malpractice for the benefit of his friends, causes bankruptcy or serious losses to the state-owned company or enterprise and causes the interests of the state to suffer a heavy loss shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 169

Whoever from the persons directly in charge of a state-owned company or enterprise or its competent authorities at higher level engages in malpractice for the benefit of his friends, converts the state-owned assets into shares at a low price or sells them at a low price, and causes the interests of the state to suffer a heavy loss, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If he causes the interests of the state to suffer a especially heavy loss, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

Section 4 Crimes of Undermining order of Administering upon Banking

Article 170

Whoever counterfeits currency shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. Any of the following categories of persons shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and concurrently be sentenced to a fine of not less less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

(1)

those principal criminals of a currency counterfeit group;

(2)

those with an especially huge amount of counterfeited currency; or

(3)

those with other especially serious circumstances.

Article 171

Whoever sells or purchases counterfeited currency or transports knowingly counterfeited currency shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the amount involved is especially huge, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Whoever from the staff of a bank or other financial institution purchases counterfeited currency or takes advantage of his position to exchange currency with counterfeited currency shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is especially huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan or confiscation of property. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan.

Whoever counterfeits currency and sells or transports the counterfeited currency shall be decided a crime and given a heavier punishment according to the provisions of Article 170 of this Law.

Article 172

Whoever holds or uses knowingly counterfeited currency shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is especially huge, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 173

Whoever alters currency shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

Article 174

Whoever establishes a commercial bank or other financial institution without authorization by the People's Bank of China shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan.

Whoever forges, alters or transfers an operating permit of a commercial bank or other financial institution shall be punished according to the provisions of the preceding paragraph.

If a unit commits any crime mentioned in the preceding two paragraphs, the unit shall be sentenced to a fine, and persons directly in charge and persons directly responsible for the crime shall be punished according to the provisions of the first paragraph.

Article 175

Whoever illegally procures a credit loan from a financial institution and transfers it to another person in high interest for the purpose of making profits through transferring a loan shall, if the amount of unlawful earnings is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently be sentenced to a fine of not less than the unlawful earnings and not more than five times of the sum. If the amount of unlawful earnings is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine of not less than the unlawful earnings and not more than five times of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 176

Whoever illegally absorbs savings deposits from the general public or absorbs savings deposits from the general public in disguised form and thereby disturbs the financial order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

Article 177

Any of the following categories of persons who forges or alters financial documents shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

(1)

those who forge or alter promissory bills, notes of exchange and checks;

(2)

those who forge or alter other bank settlement receipts such as commission collection receipts, remittance receipts and bank deposit receipts;

(3)

those who forge or alter letters of credit or attached notes or documents; or

(4)

those who forge credit cards.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

Article 178

Whoever forges or alters treasury bills or other securities issued by the state shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the amount involved is especially huge, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Whoever forges or alters stocks or bonds issued by a company or an enterprise shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan. If the amount involved is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

If a unit commits any crime mentioned in the preceding two paragraphs, the unit shall be sentenced to a fine, and the persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding two paragraphs.

Article 179

Whoever, without approval by the relevant administrative authorities, issues stocks or bonds of a company or an enterprise shall, if the amount involved is huge or the consequences are serious or other serious circumstances exist, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 1% of the capital collected illegally and not more than 5% of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention.

Article 180

Anyone in the know of inside information of securities transaction or anyone obtaining illegally inside information of securities transaction, before the information concerning issue of securities, transaction of securities or other information of great impact on the price of specified securities is made public, buys or sells the securities or reveals the information, if the circumstances are serious, shall be fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than unlawful earnings and not more than five times of the sum. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than unlawful earnings and not more than five times of the sum.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

The range of inside information shall be defined according to the provisions of laws and administrative regulations.

The range of persons in the know shall be defined according to the provisions of laws and administrative regulations.

Article 181

Whoever fabricates and disseminates false information of impact on transaction of securities, disturbs the transaction market of securities and causes serious consequences, shall be sentenced fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan.

Whoever from the staff of a stock exchange or a securities company, or from the staff of the securities institute or securities administrative department intentionally provides false information or forges, alters or destroys transaction records, inveigles investors into buying or selling securities, and causes serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan. If the circumstances are especially flagrant, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

If a unit commits any crime mentioned in the preceding two paragraphs, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 182

Any of the following categories of persons who rigs the transaction price of securities and obtains unjustified profits or shifts risks shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or independently be sentenced to a fine of not less than unlawful earnings and not more than five times of the sum:

(1)

independently or conspiringly, centralizing funds or stocks held to form advantages or taking advantage of information to conduct jointly or continuously buying or selling in order to rig the transaction price of securities;

(2)

in collaboration with others and in line with the time, price and method agreed upon in advance, performing mutually securities transaction or buying or selling mutually securities not being held yet, in order to affect the transaction price of securities or the transaction volume of securities;

(3)

behaving as the sole transaction partner and performing transaction in which the buyer is the seller and the ownership over securities has not been transferred, in order to affect the transaction price of securities or the transaction volume of securities; or

(4)

rigging the transaction price of securities in other ways.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons responsible for the crime shall be sentenced fixed-term imprisonment of not more than five years or criminal detention.

Article 183

Whoever from the staff of an insurance company takes advantage of his duty's convenience to draw up intentionally an insurance accident which never happens and to give an adjustment in order to defraud the insurance money and take possession of it, shall be decided a crime and punished according to the provisions of Article 271 of this Law.

Whoever from the staff of a state-owned insurance company and from the persons who are appointed and sent by an state-owned insurance company to a non-state-owned insurance company to perform public service conducts any of the acts mentioned in the preceding paragraph, shall be decided a crime and punished according to the provisions of Article 382 or Article 383 of this Law.

Article 184

Whoever from the staff of a bank or other financial institution, in the course of the financial business activities, extorts or accepts illegally another person' property and seeks profits for another person, or violates the state's stipulations and accepts whatever kind of rebate or commission and takes possession of it, shall be decided a crime and punished according to the provisions of Article 163 of this Law.

Whoever from the staff of a state-owned financial institution and from the persons who are appointed and sent by a state-owned financial institution to a non-state-owned financial institution to perform public service commits any of the acts mentioned in the preceding paragraph, shall be decided a crime and punished according to the provisions of Article 385 or Article 386 of this Law.

Article 185

Whoever from the staff of a bank or other financial institution takes advantage of his duty's convenience and misappropriates his unit's or the client's funds, shall be decided a crime and punished according to the provisions of Article 272 of this Law.

Whoever from the staff of a state-owned financial institution and from the persons who are appointed and sent by a state-owned financial institution to a non-state-owned financial institution to perform public service commits any of the acts mentioned in the preceding paragraph, shall be decided a crime and punished according to the provisions of Article 384 of this Law.

Article 186

Whoever from the staff of a bank or other financial institution violates the stipulations of a law or an administrative regulation and issues a credit loan or a guaranteed loan to his parties with more favorable conditions than to other borrowers for the same kind of loans shall, if a relatively huge loss is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan. If a major loss is caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

Whoever from the staff of a bank or other financial institution violates the stipulations of a law or an administrative regulation and issues a loan to another person than his parties shall, if a major loss is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine of not less than 10,000 yuan and not more than 100,000 yuan. If an especially major loss is caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan.

If a unit commits any crime mentioned in the preceding two paragraphs, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding two paragraphs.

The range of parties shall be defined according to the Commercial Bank Law of the People's Republic of China and relevant financial regulations.

Article 187

Whoever from the staff of a bank or other financial institution, for the purpose of making profits and by the means of absorbing the funds of clients without entering into the account books, uses the funds for lending or issuing loans shall, if a major loss is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If an especially major loss is caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

Article 188

Whoever from the staff of a bank or other financial institution violates stipulations and offers others a letter of credit or other certificates of guarantee, negotiable instruments, certificates of deposit or certificates of credit status shall, if a relatively huge loss is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If a major loss is caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

Article 189

Whoever from the staff of a bank or other financial institution, in the course of business activities of negotiable instruments, accepts, pays for or guarantees the negotiable instruments that do not conform to the Negotiable Instruments Law shall, if a major loss is caused, be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If an especially major loss is caused, the offender shall be sentenced to fixed-term imprisonment of not less than five years.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be punished according to the provisions of the preceding paragraph.

Article 190

Any state-owned company, enterprise or other state-owned unit who violates the state's stipulations and deposits foreign exchange outside China without authorization or illegally transfers foreign exchange from China to the outside shall, if the circumstances are serious, be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be concurrently sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 191

Whoever conducts any of the following acts clearly knowing that the money is unlawful earnings and their profits obtained from drug-related crimes, crimes committed by groups in the nature of criminal syndicates or crimes of smuggling, and for the purpose of covering up or concealing its source and nature shall, with the unlawful earnings obtained from the crimes above-mentioned and their profits confiscated, be sentenced to fixed-term imprisonment of not more than five years, and concurrently or independently be sentenced to a fine of not less than 5% of the sum of money laundered and not more than 20% of the sum. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than 5% of the sum of money laundered and not more than 20% of the sum:

(1)

providing funds accounts;

(2)

assisting in transforming the property into cash or financial bills;

(3)

assisting in transferring funds by means of transferring accounts or other means of settling accounts;

(4)

assisting in remitting funds to any place outside China; or

(5)

by other means covering up or concealing the source and nature of unlawful earnings from crimes and profits thereof.

If a unit commits a crime mentioned in the preceding paragraph, the unit shall be sentenced to a fine, and persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Section 5 Crimes of Financial Fraud

Article 192

Whoever collects capital illegally by means of swindling for the purpose of illegal possession shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is huge or other serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the amount involved is especially huge or other especially serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property.

Article 193

Any of the following categories of persons who, for the purpose of illegal possession, swindles a loan of a bank or other financial institution shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is huge or other serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the amount involved is especially huge or other especially serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

(1)

those who fabricate false reasons such as introduction of funds or projects;

(2)

those who use false economic contracts;

(3)

those who use false documents of certification;

(4)

those who use false property certificates as guarantee or guarantee repeatedly by exceeding the value of security; or

(5)

those who swindle loans by other means.

Article 194

Any of the following categories of persons who conducts swindling activities of financial bills shall, if the amount involved is relatively huge, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently be sentenced to a fine of not less than 20,000 yuan and not more than 200,000 yuan. If the amount involved is huge or other serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan. If the amount involved is especially huge or other especially serious circumstances exist, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine of not less than 50,000 yuan and not more than 500,000 yuan or confiscation of property:

(1)

those who knowingly use forged or altered promissory bills, notes of exchange or checks;

(2)

those who knowingly use invalid promissory bills, notes of exchange or checks;

(3)

those who falsely use other's promissory bills, notes of exchange or checks as their own;

(4)

those who issue bounced checks or checks on which signatures are inconsistent with their reserved ones to defraud property; or

(5)

those drawers of promissory bills or notes of exchange who issue the promissory bills or notes of exchange without security of funds or produce a false record on the bills or notes to defraud property.

Whoever uses forged or altered other bank settlement receipts such as commission collection receipts, remittance receipts and bank deposit receipts sha