Pupil Legislation Clinic Within The Nation
Whoever issues shares or corporate or enterprise bonds with out approval of the competent departments of the State shall, if the amount involved is large, and the implications are severe, or if there are different serious circumstances, be sentenced to fastened-term imprisonment of no more than 5 years or legal detention and shall also, or shall solely, be fined not lower than one percent however not more five percent of the funds illegally raised. Whoever smuggles rare plants or their merchandise or some other goods or articles which might be prohibited by the state from being imported or exported shall be sentenced to fastened-term imprisonment no more than five years or legal detention, and/or be fined; or if the circumstances are critical, shall be sentenced to fixed-term imprisonment not less than five years and be fined. Whoever produces cosmetics that aren’t up to hygiene standards or knowingly sells such cosmetics, thus inflicting serious penalties, shall be sentenced to fixed-time period imprisonment of not more than three years or legal detention and shall also, or shall only, be fined not less than half however no more than two occasions the amount of earnings from gross sales. Any railway worker who operates in violation of rules or regulations and thereby causes a railway operational accident, if there are critical penalties, shall be sentenced to fastened-term imprisonment of not more than three years or criminal detention; if there are especially serious penalties, he shall be sentenced to mounted-term imprisonment of not less than three years but not more than seven years. Any member of the crew on board an air craft who operates in violation of guidelines or rules and thereby causes a grave air accident, if there are severe penalties, shall be sentenced to fixed-term imprisonment of no more than three years or felony detention; if an air crash or demise of one other is caused, he shall be sentenced to mounted-term imprisonment of not less than three years however no more than seven years. Whoever maltreats a prisoner of struggle, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than three years.
Whoever in transporting different individuals to illegally cross the nationwide border causes serious injury or death to the persons being transported or resists inspection by the use of violence or threat shall be sentenced to fastened-time period imprisonment of not less than seven years and shall even be fined. Ringleaders who instigate a riot to flee from prison or collect individuals to raid a jail with weapons and the lively participants shall be sentenced to fastened-term imprisonment of not lower than 10 years or life imprisonment; if the circumstances are particularly severe, they shall be sentenced to demise; other members shall be sentenced to fixed-time period imprisonment of not lower than three years however not more than 10 years. Whoever commits the crime mentioned in the preceding paragraph and causes critical injury or dying to the sufferer shall be sentenced to fixed-time period imprisonment of not less than two years but no more than seven years. Whoever commits the crime mentioned in the previous paragraph and causes death to the sufferer shall be sentenced to fastened-time period imprisonment of not lower than two years however not more than seven years. Whoever commits the crime talked about within the previous paragraph and causes severe injury to the victim shall be sentenced to mounted-time period imprisonment of not less than three years however not more than 10 years; if he causes death to the victim, he shall be sentenced to fastened-time period imprisonment of not less than 10 years. If he causes damage, incapacity or demise to the sufferer by violence, he shall be convicted and punished in accordance with the provisions of Article 234 or 232 of this Law.
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Any serviceman who deserts from the battlefield shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are critical, he shall be sentenced to mounted-term imprisonment of not lower than three years but not more than 10 years; if heavy losses are triggered to a battle or campaign, he shall be sentenced to fixed-time period imprisonment of not less than 10 years, life imprisonment or death. Any serviceman who cares for nothing however saving his pores and skin on the battlefield voluntarily lays down his arms and surrenders to the enemy shall be sentenced to fastened-term imprisonment of not lower than three years but not more than 10 years; if the circumstances are serious, he shall be sentenced to fixed-time period imprisonment of not less than 10 years or life imprisonment. An particular person who embezzles not less than 50,000 yuan but less than 100,000 yuan shall be sentenced to fastened-term imprisonment of not lower than five years and may also be sentenced to confiscation of property; if the circumstances are particularly critical, he shall be sentenced to life imprisonment and confiscation of property. An individual who embezzles not lower than a hundred,000 yuan shall be sentenced to mounted-term imprisonment of not lower than 10 years or life imprisonment and may be sentenced to confiscation of property; if the circumstances are particularly severe, he shall be sentenced to dying and likewise to confiscation of property. Whoever illegally produces, buys, or sells uniforms of the armed forces shall, if the circumstances are severe, be sentenced to fixed-term imprisonment not more than three years, legal detention or public surveillance, and/or be fined. Whoever forces one other individual to ingest or inject narcotic medicine shall be sentenced to mounted-time period imprisonment of not lower than three years however no more than 10 years and shall also be fined. Whoever illegally arranges for another particular person to promote blood shall be sentenced to fixed-term imprisonment of no more than five years and shall also be fined; whoever compels one other particular person to promote blood by violence or menace shall be sentenced to fixed-term imprisonment of not lower than 5 years but no more than 10 years and shall also be fined.
Whoever sets free a prisoner of struggle with out authorization shall be sentenced to mounted-term imprisonment of not more than five years; if he, without authorization, sets free an essential prisoner of war or numerous prisoners of struggle or if there are different severe circumstances involved, he shall be sentenced to fixed-term imprisonment of not less than 5 years. Whoever illegally sells or transfers weapons or equipment of the armed forces shall be sentenced to fixed-time period imprisonment of not lower than three years however not more than 10 years; if a large amount of weapons or equipment is sold or transferred or if there are other especially critical circumstances concerned, he shall be sentenced to mounted-term imprisonment of not less than 10 years, life imprisonment or death. Whoever during wartime commits the crime talked about within the preceding paragraph shall be sentenced to fastened-term imprisonment of not lower than three years but no more than seven years. Whoever throughout wartime injures himself to be able to evade his army obligation shall be sentenced to fastened-term imprisonment of no more than three years; if the circumstances are critical, he shall be sentenced to mounted-time period imprisonment of not lower than three years however not more than seven years. Whoever colludes with the enemy to manufacture rumors so as to mislead others and shake the morale of troops shall be sentenced to mounted-term imprisonment of not less than 10 years or life imprisonment; if the circumstances are particularly severe, he may be sentenced to demise. Whoever throughout wartime fabricates rumors to mislead others and shake the morale of troops shall be sentenced to mounted-time period imprisonment of no more than three years; if the circumstances are severe, he shall be sentenced to fastened-term imprisonment of not lower than three years but no more than 10 years.
Whoever in violation of the rules on management of weapons and equipment, alters with out authorization using weapons and tools allocated, if the implications are critical, shall be sentenced to fixed-term imprisonment of not more than three years or legal detention; if the implications are especially critical, he shall be sentenced to fastened-term imprisonment of not less than three years however not more than seven years. Whoever throughout wartime commits the crime talked about in the preceding paragraph shall be sentenced to mounted-term imprisonment of not lower than 5 years but no more than 10 years; if the circumstances are especially critical, he shall be sentenced to mounted-term imprisonment of not less than 10 years or life imprisonment. Any functionary of a State organ who, by way of his gross neglect of responsibility, causes damage to or losses of precious cultural relics, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any officer as mentioned in the previous paragraph who, through his gross neglect of duty, fails to conduct quarantine inspection of the objects that must be inspected, delays the performance of quarantine inspection or the issuance of certificates, or points false certificates, thus causing heavy losses to the pursuits of the State, shall be sentenced to fixed-time period imprisonment of no more than three years or criminal detention. The officer as talked about within the preceding paragraph who, via his gross neglect of duty, fails to examine the commodities that must be inspected, delays the inspection or the issuance of a certificate or points a false certificate, thus inflicting heavy losses to the pursuits of the State, shall be sentenced to mounted-term imprisonment of not more than three years or legal detention. Any functionary of a competent forestry division who, in violation of the provisions of the Forestry Law, issues forest tree felling licenses in excess of the permitted annual felling quotas or, in violation of the regulations, arbitrarily points forest tree felling licenses, if to such an extent as to cause serious damage to the forest, shall be sentenced to fixed-time period imprisonment of no more than three years or legal detention. Any judicial officer who, because of his gross neglect of responsibility, makes it possible for a legal suspect, a defendant or a felony held in custody to escape, if the consequences are severe, shall be sentenced to fixed-term imprisonment of no more than three years or legal detention; if the results are particularly critical, he shall be sentenced to mounted-time period imprisonment of not lower than three years however no more than 10 years.