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中华人民共和国刑法(修正)(三)

2006-05-15 20:22   我要纠错 | 打印 | 收藏 | | |

  Part Two 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 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; 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.

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