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中华人民共和国刑法(四)

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

  Chapter V Crimes of Property Violation

  Article 150 Whoever takes public or private property by force, threat or other methods shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  If the circumstances of the crime mentioned in the preceding paragraph are serious or grievous 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 and may concurrently be sentenced to confiscation of property.

  Article 151 Whoever steals, swindles or forcibly seizes a relatively large amount of public or private property shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

  Article 152 A habitual thief or habitual swindler or anyone who steals, swindles or forcibly seizes a huge amount of public or private property 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, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and may concurrently be sentenced to confiscation of property.

  Article 153 If anyone commits a crime of theft, fraud or forcible seizure and uses or threatens to use violence on the spot in order to conceal booty, resist arrest or destroy criminal evidence, he shall be punished in accordance with Article 150 of this Law on the crime of robbery.

  Article 154 Whoever extorts money or other public or private property by blackmail 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 year sand not more than seven years.

  Article 155 Any state functionary who takes advantage of his office to embezzle public property shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is budge and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years; if the circumstances are especially serious, he shall be sentenced to life imprisonment or death.

  For the crime mentioned in the preceding paragraph, the offender shall be sentenced concurrently to confiscation of property or ordered to make restitution or compensation.

  If any person entrusted by state organs, enterprises, institutions or people's organizations to perform public duties commits the crime mentioned in the first paragraph of this Article, he shall be punished in accordance with the provisions of the two preceding paragraphs.

  Article 156 Whoever intentionally destroys public or private property, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

  Chapter VI Crimes of Obstructing the Administration of Public Order

  Article 157 Whoever by means of force or threat obstructs a state functionary from carrying out his functions according to law or refuses to carryout legally effective judgments or orders of people's courts shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, a fine or deprivation of political rights.

  Article 158 It shall be prohibited for anyone to disturb public order by any means. If the circumstances of the public disturbance are so serious that work, production, business, education or scientific research cannot be conducted and the state and society suffer serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

  Article 159 Where an assembled crowd disturbs order at stations, wharves, civil airports, marketplaces, public parks, theatres, cinemas, exhibition halls, sports grounds or other public places, or an assembled crowd blocks traffic or undermines traffic order or resists or obstructs public security administration personnel of the state from carrying out their duties according to law, if the circumstances are serious, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

  Article 160 Where an assembled crowd engages in affrays, creates disturbances, humiliates women or engages in other booligan activities that undermine public order, if the circumstances are flagrant, the offenders shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance.

  Ringleaders of hooligan groups shall be sentenced to fixed-term imprisonment of not less than seven years.

  Article 161 If a criminal escapes after being arrested or held in custody according to law, in addition to being sentenced for the crime he originally committed or being made to serve the term to which be was originally sentenced, be shall be additionally sentenced to fixed-term imprisonment of not more than five years or criminal detention.

  Whoever commits the crime mentioned in the preceding paragraph by means of force or threats shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Article 162 Whoever harbors counterrevolutionaries or gives false evidence to protect them 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 ten years.

  Whoever harbours other criminals or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Conspirators to a crime mentioned in the two preceding paragraphs shall be punished as for a joint crime.

  Article 163 Whoever, in violation of firearm control regulations, secretly keeps firearms or ammunition and refuses to relinquish them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention .

  Article 164 Whoever manufactures or sells bogus medicines for profit and thereby harms the people's health shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, or he may concurrently or exclusively be sentenced to a fine; if serious consequences have resulted, 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 165 Any practitioner of sorcerery or witchcraft who takes advantage of superstition to spread rumour or swindle money or other property shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Article 166 Whoever poses as a state functionary in order to practise fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  Article 167 Whoever forges, alters, steals, forcibly seizes or destroys the official documents, certificates or seals of state organs, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

  Article 168 Whoever, for the purpose of profit, assembles a crowd to engage in gambling or makes gambling his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and may concurrently be sentenced to a fine.

  Article 169 Whoever, for the purpose of profit, lures women into prostitution or shelters them in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and may concurrently be sentenced to a fine or confiscation of property.

  Article 170 Whoever, for the purpose of profit, produces or sells pornographic books or pictures shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and may concurrently be sentenced to a fine.

  Article 171 Whoever manufactures, sells or transports opium, heroin, morphine or other narcotic drugs shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may concurrently be sentenced to a fine.

  Whoever manufactures, sells or transports the narcotic drugs mentioned in the preceding paragraph continually or in large quantities shall be sentenced to fixed-term imprisonment of not less than five years, and may concurrently be sentenced to confiscation of property.

  Article 172 Whoever conceals goods that be clearly knows were obtained by a criminal act or acts as a sales agent for them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, or he may concurrently or exclusively be sentenced to a fine.

  Article 173 Whoever, in violation of the laws and regulations on protection of cultural relics, secretly transports precious cultural relics for export 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 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 may concurrently be sentenced to confiscation of property.

  Article 174 Whoever intentionally damages precious cultural relics, historic sites or scenic spots protected by the state shall be sentenced to fixed-term imprisonment of not more than seven years or criminal detention.

  Article 175 Whoever intentionally damages the boundary tablets, boundary markers or permanent survey indicators along the national border shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Any act committed for the purpose of treason shall be punished as a crime of counterrevolution.

  Article 176 Whoever, in violation of the exit and entry regulations, secretly crosses the national boundary (borderline), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance.

  Article 177 Whoever, for the purpose of profit, organizes or transports another person to secretly cross the national boundary (borderline) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and may concurrently be sentenced to a fine.

  Article 178 Whoever violates the national border health and quarantine regulations and causes the spread of quarantine able infectious diseases or causes a serious danger of such diseases spreading 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.

  Chapter VII Crimes of Disrupting Marriage and the Family

  Article 179 Whoever forcibly interferes with another person's freedom of marriage shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

  If anyone committing the crime mentioned in the preceding paragraph causes his victim's death, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  The crime mentioned in the first paragraph of this Article shall be handled only upon complaint.

  Article 180 Whoever has a spouse and commits bigamy or whoever marries another person while clearly knowing that the other has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

  Article 181 Whoever cohabits with or marries a person while clearly knowing that that person is the spouse of a member of the armed forces in active service shall be sentenced to fixed-term imprisonment of not more than three years.

  Article 182 Whoever maltreats a member of his family, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

  If anyone committing the crime mentioned in the preceding paragraph causes serious injury or death to his victim, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  The crime mentioned in the first paragraph of this Article shall be handled only upon complaint.

  Article 183 Whoever refuses his proper duty to support an aged person, minor, sick person or any other person who cannot live independently, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

  Article 184 Whoever abducts a boy or girl under the age of 14, thereby cutting the child off from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

  Chapter VIII Crimes of Dereliction of Duty

  Article 184 Whoever abducts a boy or girl under the age of 14, thereby cutting the child off from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

  Chapter VIII Crimes of Dereliction of Duty

  Article 185 Any state functionary who takes advantage of his office to accept bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. The funds or articles that be received as bribes shall be confiscated, and public funds or articles shall be recovered.

  Whoever commits the crime mentioned in the preceding paragraph and causes the interests of the state or citizens to suffer serious losses shall be sentenced to fixed-term imprisonment of not less than five years.

  Whoever offers or introduces a bribe to a state functionary shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

  Article 186 Any state functionary who divulges important state secrets, in violation of state laws and regulations on the protection of secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or deprivation of political rights.

  If a person who is not a state functionary commits the crime mentioned in the preceding paragraph, he shall be punished in the light of the circumstances and in accordance with the provisions of the preceding paragraph.

  Article 187 Any state functionary who, because of neglect of duty, causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

  Article 188 Any judicial functionary who engages in malpractice for the benefit of his friends and subjects to prosecution a person he clearly knows to be innocent and intentionally protects from prosecution a person he clearly knows to be guilty, or intentionally twists the law, confounding right and wrong, when rendering judgments or orders, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or deprivation of political rights; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

  Article 189 Any judicial functionary who violates the laws and regulations on prison management and subjects prisoners or internees to corporal punishment, if the circumstances are serious, 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 ten years.

  Article 190 Any judicial functionary who releases a criminal without authorization shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.

  Article 191 Any postal and telecommunications worker who opens, conceals or destroys mail or telegrams without authorization shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

  Whoever steals property while committing the crime mentioned in the preceding paragraph shall be given a heavier punishment under Article 155 on the crime of embezzlement.

  Article 192 Any state functionary who commits a crime mentioned in this Chapter, if the circumstances are minor, may be given an administrative sanction by the competent department in the light of the circumstances.

  Note:

  *1. “Public surveillance” is the usual English translation for (guanzhi), literally, “compulsory restraint.” It refers to are latively light criminal penalty applied to criminals who do not have to be confined in prison or a place of reform through labour. When sentenced to public surveillance, a criminal is required to report periodically to a public security organ on his activities. At the same time, his case is announced to the masses in the organization or work unit to which he belongs, giving them the responsibility to watch over his be haviour.——Trans.*2. This refers to the Constitution of 1978.——Trans.

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