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中华人民共和国刑法(修正)(四)

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

  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 fulfilling 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 in surname 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 as tate-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 85 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 credits tatus 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 shall be punished according to the provisions of the preceding paragraph.

  Article 195 Any of the following categories of persons who conducts swindling activities of letters of credit shall 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 use forged or altered letters of credit or attached notes or documents;

  (2) those who use invalid letters of credit;

  (3) those who defraud letters of credit; or

  (4) those who conduct swindling activities of letters of credit by other means.

  Article 196 Any of the following categories of persons who conducts swindling activities of credit cards 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 and 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 use forged credit cards;

  (2) those who use invalid credit cards;

  (3) those who falsely use other's credit cards as their own; or(4) those who overdraw through malice.

  “To overdraw through malice” mentioned in the preceding paragraph refers to an act that a card holder overdraws by exceeding the sum limit or time limit as prescribed for the purpose of illegal possession and fails to return the money after the bank which issued the card urges him to pay it.

  Whoever steals and uses a credit card shall be decided a crime and punished according to the provisions of Article 264 of this Law.

  Article 197 Whoever uses forged or altered treasury bills or other securities issued by the state to conduct swindling activities 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 198 Any of the following categories of persons who conducts swindling activities of insurance 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 10,000 yuan and not more than 100,000 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 20,000 yuan and not more than 200,000 yuan. If the amount involved is especially huge and other especially serious circumstances exist, 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 20,000 yuan and not more than 200,000 yuan or confiscation of property:

  (1) those insurance policy holders who intentionally fabricate the object of insurance to defraud the insurance money;

  (2) those insurance policy holders, insurants or beneficiaries who fabricate false reasons for or exaggerate the degree of loss on an insurance accident which has happened to defraud the insurance money;

  (3) those insurance policy holders, insurants or beneficiaries who fabricate an insurance accident which never happens to defraud the insurance money;

  (4) those insurance policy holders or insurants who intentionally cause an insurance accident with property loss to defraud the insurance money; or

  (5) those insurance policy holders or beneficiaries who intentionally cause death, injury, disability or disease of the insurants to defraud the insurance money.

  Whoever commits any act listed in Item 4 or Item 5 of the preceding paragraph which also constitutes another crime shall be punished in accordance with the provisions regarding combined punishment for several crimes.

  If a unit commits any crime mentioned in the first 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. 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. 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.

  Any expert witness, witness or property adjuster of an insurance accident who intentionally provides false documents of certification and provides conditions for others to swindle shall be punished as an accomplice of insurance swindling.

  Article 199 Whoever commits a crime mentioned in Article 192, Article 194 or Article 195 of this Section shall, if the amount involved is especially huge and an especially heavy loss of the interests of the state and the people is caused, be sentenced to life imprisonment or death, and concurrently be sentenced to confiscation of property.

  Article 200 If a unit commits a crime mentioned in Article 192, Article 194 or Article 195 of this Section, the unit shall be sentenced to a fine, and the 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. 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. If the amount involved is especially huge or other especially serious circumstance sexist, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment.

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