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中华人民共和国刑法(三)

2006-05-18 16:54   我要纠错 | 打印 | 收藏 | | |

  Article 101 Whoever, for the purpose of counterrevolution, spreads poisons, disseminates germs or kills or injures people by other means shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years; 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 102 Whoever, for the purpose of counterrevolution, commits any of the following acts shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and ringleaders or others whose crimes are very serious shall be sentenced to fixed-term imprisonment of not less than five years:

  (1) inciting the masses to resist or sabotage the implementation of the state's laws or decrees; or

  (2) propagandizing for and inciting the overthrow of the political power of the dictatorship of the proletariat and the socialist system, through counterrevolutionary slogans, leaflets or by other means.

  Article 103 If any crime of counterrevolution mentioned above in this Chapter, except those mentioned in Articles 98,99 and 102, causes especially serious harm to the state and the people and the circumstances are especially flagrant, the death penalty may be imposed.

  Article 104 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 105 Whoever sets fires, breaches dikes, causes explosions or uses other dangerous means to sabotage factories, mines, oil fields, harbors, 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 106 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 more than seven years or criminal detention.

  Article 107 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 consequence shave not yet resulted, shall be sentenced to fixed-term imprison ment of not less than three years and not more than ten years.

  Article 108 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 109 Whoever sabotages electric power or gas facilities or other inflammable or explosive equipment and there by 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 110 Whoever sabotages a means of transport, transportation facilities, electric power or 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 more than seven years or criminal detention.

  Article 111 Whoever sabotages broadcasting stations or telegraph, telephone or other communications equipment and thereby endangers public security shall be sentenced to fixed-term imprisonment of not more than seven years or criminal detention; 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 more than seven years or criminal detention.

  Article 112 Whoever illegally manufactures, trades in or transports guns or ammunition or steals or forcibly seizes the guns or ammunition of state organs, members of the armed forces, the police or the people's militia shall be sentenced to fixed-term imprisonment of not more than seven years: if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment.

  Article 113 If a person engaged in communications or transportation violates the rules and regulations and there by 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 circum stances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

  Persons not engaged in communications or transportation who commit a crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

  Article 114 If any staff member or worker of a factory, mine, forestry center, 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 and 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 115 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.

  Chapter III Crimes of Undermining the Socialist Economic Order

  Article 116 Whoever engages in smuggling in violation of the Customs Law and relevant regulations, if the circumstances are serious, shall, in addition to confiscation of the smuggled articles and possible imposition of a fine in accordance with the Customs Law and relevant regulations, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may concurrently be sentenced to confiscation of property.

  Article 117 Whoever engages in speculation in violation of the laws and regulations on the control of monetary affairs, foreign exchange, gold and silver, or on the administration of industrial and commercial affairs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, or he may concurrently or exclusively be sentenced to a fine or confiscation of property.

  Article 118 Whoever makes a regular business, of smuggling or illicit speculation, smuggles or speculates in huge amounts or is the ringleader of a group that smuggles or engages in illicit speculation shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and may concurrently be sentenced to confiscation of property.

  Article 119 Any state functionary who takes advantage of his office to commit the crime of smuggling or speculation shall be given a heavier punishment.

  Article 120 Whoever, for the purpose of profit, counterfeits or resells ration coupons, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, or he may concurrently or exclusively be sentenced to a fine or confiscation of property.

  Ringleaders of a crime mentioned in the preceding paragraph and other offenders in particularly serious cases of such crime shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and may concurrently be sentenced to confiscation of property.

  Article 121 In cases of tax evasion or refusal to pay taxes in violation of tax laws and regulations, if the circumstances are serious, the tax payer shall be ordered to pay the tax due and may be fined in accordance with the tax laws and regulations; the person directly responsible shall also be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Article 122 Whoever counterfeits national currency or traffics in counterfeited national currency shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and may concurrently be sentenced to a fine or confiscation of property.

  Ringleaders of the crime mentioned in the preceding paragraph and other offenders in particularly serious cases of such crime shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and may concurrently be sentenced to confiscation of property.

  Article 123 Whoever counterfeits cheques, shares certificates or other valuable securities shall be sentenced to fixed-term imprisonment of not more than seven years and may concurrently be sentenced to a fine.

  Article 124 Whoever, for the purpose of profit, counterfeits tickets for vehicles or ships, postage stamps, tax stamps or invoices shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years and may concurrently be sentenced to a fine.

  Article 125 If anyone for purpose of retaliation or from spite or other personal motives destroys machinery or equipment, cruelly injures or slaughters draught animals or uses other means to sabotage collective production, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Article 126 In cases of misappropriation of state funds and materials that are allocated for disaster relief, emergencies, flood control, care to disabled servicemen and families of revolutionary martyrs and service men, and social relief, if the circumstances are serious and major harm to the interests of the state and the people has resulted, the person directly responsible 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 127 Where an industrial or commercial enterprise violates the laws and regulations on trade marked ministration and counterfeits the registered trademark of another enterprise, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

  Article 128 Whoever illegally cuts down trees or denudes forests or other woodlands in violation of the laws and regulations on forestry protection, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and may concurrently or exclusively be sentenced to a fine.

  Article 129 Whoever, in violation of the laws and regulations on the protection of aquatic resources, fishes for aquatic products in an area where fishing is prohibited, during a period when fishing is prohibited or using implements or methods that are prohibited, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine.

  Article 130 Whoever, in violation of game laws and regulations, hunts in a game reserve, during a period when hunting is prohibited or using implements or methods that are prohibited, thereby damaging rare birds, beasts or other wild animal resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine.

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

  Article 131 The rights of the person, democratic rights and other rights of citizens shall be protected from unlawful infringement by any person or organization. If the circumstances of unlawful infringement are serious, those directly responsible shall be given criminal sanctions.

  Article 132 Whoever intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years; 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 133 Whoever negligently kills another shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are especially flagrant, the offender shall be sentenced to fixed-term imprisonment of not less than five years. Where this Law has other provisions, such provisions shall prevail.

  Article 134 Whoever intentionally inflicts bodily injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Whoever, by committing the crime mentioned in the preceding paragraph, causes severe bodily injury to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if he causes a person's death, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment. Where this Law has other provisions, such provisions shall prevail.

  Article 135 Whoever negligently injures another person and causes him severe bodily injury shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are especially flagrant, the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years. Where this Law has other provisions, such provisions shall prevail.

  Article 136 It shall be strictly forbidden to extort a confession by torture. Any state functionary who extorts a confession by torture shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury or disability to a person through corporal punishment shall be charged with the crime of injury and given a heavier punishment.

  Article 137 It shall be strictly forbidden to gather a crowd for “beating, smashing and looting.” Whoever causes a person's injury, disability or death through “beating, smashing and looting” shall be punished for the crime of injury or homicide. If articles of public or private property are destroyed or forcibly taken, the ringleaders shall be punished for the crime of robbery, in addition to being ordered to provide restitution or compensation.

  Whoever commits the crime mentioned in the preceding paragraph may be sentenced exclusively to deprivation of political rights.

  Article 138 It shall be strictly forbidden to use any method or means to implicate cadres or the people on false charges. Whoever fabricates facts to implicate another person (including a criminal) on false charges shall be given a criminal sanction in the light of the nature, circumstances, consequences and sentencing standards of the crime that he falsely accused the other person of committing. A state functionary who commits the crime of false accusation shall be given a heavier punishment.

  Where it is not a case of intentional false accusation but rather a case of mistaken complaint or unsubstantiated accusation, the provisions of the preceding paragraph shall not apply.

  Article 139 Whoever rapes a woman by force, threat or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  Whoever has sexual relations with a girl under the age of 14 shall be deemed to have committed rape and shall be given a heavier punishment.

  If the circumstances of a crime mentioned in the preceding two paragraphs are especially serious or a person's serious bodily injury or death has been caused, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

  If two or more persons commit rape and violate the same victim in succession, they shall be given a heavier punishment.

  Article 140 Whoever forces a woman to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  Article 141 Whoever abducts and traffics in human beings shall be sentenced to fixed-term imprisonment of not more than five years; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years.

  Article 142 Whoever violates the stipulations of the electoral law and by violence, threat, deception, bribery or other unlawful means sabotages elections or obstructs the electorate in its free exercise of the right to vote and to stand for election shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Article 143 The unlawful detention of another person or the unlawful deprivation of his personal freedom by any other means shall be strictly prohibited. A violator shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights. In circumstances where battery or humiliation has occurred, the violator shall be given a heavier punishment.

  Whoever commits the crime mentioned in the preceding paragraph and causes serious bodily injury shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if he causes a person's death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

  Article 144 Whoever unlawfully subjects another person to public surveillance, unlawfully subjects another person to a body search or a search of his residence or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Article 145 Whoever, by violence or other methods, including the use of “big character posters” and “small character posters”, publicly insults another person or fabricates facts to defame him, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.

  The crime mentioned in the preceding paragraph shall be handled only upon complaint, except where serious harm has been done to the public order and to the interests of the state.

  Article 146 Any state functionary who abuses his power, using his public office for private gain, in order to retaliate against or frame complainants, petitioners or critics or incriminate them on false charges shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Article 147 Any state functionary who unlawfully deprives citizens of their legitimate freedom of religious belief and infringes upon the customs and habits of minority nationalities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

  Article 148 If, during an investigation or trial, any witness, expert witness, recorder or interpreter intentionally gives false evidence or makes a false expert evaluation, record or translation concerning circumstances that bear an important relation to a case, in order to frame another person or conceal criminal evidence, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are serious, be shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Article 149 Whoever conceals, destroys or unlawfully opens another person's letters, infringing upon the citizen's right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.

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