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Where any withholding agent fails to pay or fails to pay in full the withheld or collected taxes by cheating or concealment, and the amount is relatively massive, he shall be punished underneath the preceding paragraph. Whoever uses forged or altered settlement certificates of a financial institution such as certificates of entrustment with the receipt of fee, certificates of remittance and deposit receipts shall be punished in accordance with the provisions within the previous paragraph. Where an employee of a financial institution or other banking establishment grants loans to his connections in violation of State rules, he shall be given a heavier punishment in accordance with the provisions of the previous paragraph. Any staff member of a financial institution or another financial institution who, benefiting from his place, commits the act mentioned in Subparagraph shall be given a heavier punishment.
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Whoever has sexual intercourse with a girl beneath the age of 14 shall be deemed to have dedicated rape and shall be given a heavier punishment. Whoever removes a dead person’s organ in opposition to the person’s will before his demise or removes a dead individual’s organ towards the desire of the individual’s near relatives in violation of the provisions of the state provided that there isn’t any consent from the particular person before his death shall be convicted and punished according to the provision of Article 302 of this Law. Whoever removes any other person’s organ without such other particular person’s consent, removes any organ of an individual under the age of 18 or forces or deceives any other individual into donating any organ shall be convicted and punished according to the provisions of Articles 234 and 232 of this Law. Forcing another person to take part in or withdraw from a certain enterprise operation. “Obligee” as talked about in this Article refers to the owner of business secrets and the one that is permitted by the proprietor to use the business secrets and techniques.
Where people are gathered to have interaction in affrays, thus causing serious damage or dying to a person, he shall be convicted and punished in accordance with the provisions of Article 234 or 232 of this Law. Whoever intentionally creates or spreads destructive packages corresponding to the computer viruses, thus affecting the conventional operation of the computer system, if the consequences are severe, shall be punished in accordance with the provisions of the first paragraph. Whoever, in violation of State regulations, cancels, alters or increases the information stored in or dealt with or transmitted by the computer data system or its utility program, if the results are serious, shall be punished in accordance with the provisions of the previous paragraph. Whoever impersonates a individuals’s policeman to go about and deceive people shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever commits the crime with deadly weapons shall be convicted and punished in accordance with the provisions of Article 263 of this Law. Whoever, for the purpose of making income, stealthily connects his telecommunications line with that of another individual, duplicates another person’s telecommunications code or number or makes use of the telecommunication tools or gadget while clearly knowing that it’s stealthily linked with another person’s or duplicated shall be convicted and punished in accordance with the provisions of Article 264 of this Law. The crime talked about within the first paragraph of this Article shall be dealt with only upon criticism.
Any State functionary who, in his activities of home public service or in his contacts with foreigners, accepts presents and doesn’t hand them over to the State as is required by State regulations, if the quantity involved is relatively large, shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law. Any one that offers cash or property to a State functionary through extortion however features no illegitimate benefits shall not be thought to be offering bribes. Where any state functionary who has left his position, any close relative of him or any other one that has an in depth relationship with him commits the act as prescribed in the preceding paragraph by utilizing the benefits generated from the former authority or position of the mentioned state functionary, he shall be convicted and punished underneath the preceding paragraph. Any State functionary who, by profiting from his personal functions and powers or place, secures illegitimate advantages for an entrusting person by way of one other State functionary’s efficiency of his duties and extorts from the entrusting particular person or accepts the entrusting particular person’s cash or property shall be thought to be guilty of acceptance of bribes and punished for it. Any State functionary who, by taking advantage of his position, extorts cash or property from another individual, or illegally accepts one other particular person’s cash or property in return for securing advantages for the person shall be responsible of acceptance of bribes. Whoever misappropriates for his own use funds or supplies allotted for catastrophe reduction, emergency rescue, flood prevention and management, special care for disabled servicemen and the households of revolutionary martyrs and servicemen, assist to the poor, migration and social reduction shall be given a heavier punishment.
selling, shopping for, or providing different persons with, solid bank cards or credit cards obtained through the use of false id certification. Whoever forges, alters or transfers the business license or doc of approval of a commercial bank, inventory exchange, futures change, securities firm, futures company, insurance coverage firm or another financial establishment shall be punished in accordance with the provisions of the preceding paragraph. Whoever counterfeits currencies and in addition sells or transports counterfeit currencies shall be convicted and given a heavier punishment according to the provisions in Article one hundred seventy of this Law. A briber who voluntarily confesses to his bribery earlier than a felony investigation on him is opened may be given a mitigated penalty or be exempted from penalty. Where an employee of a company, an enterprise or different unit who, taking advantage of his place in financial activities, accepts rebates or service charges of varied descriptions and takes them into his personal possession in violation of State laws, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever supplies armed escort for smuggling shall be given a heavier penalty according to paragraph 1, Article 151 of this regulation. with out permission of the Customs and without having paid the overdue payable duties, promoting for income throughout the territory of the People’s Republic of China imported goods and articles specially designated for reduction of or exemption from duties. Whoever produces or sells products listed in Articles 141 via 148 of this Section, if the case doesn’t represent the crime as mentioned in these Articles respectively however more than 50,000 yuan is earned from gross sales, shall be convicted and punished in accordance with the provisions of Article a hundred and forty of this Section. Whoever commits any other crime while committing a crime as mentioned within the previous paragraph shall be convicted and punished in accordance with the provisions on the crime with the heavier penalty. Whoever instigates, coerces, lures or bribes State functionaries or members of the armed forces, the people’s police or the folks’s militia to commit armed rebellion or armed riot shall be given a heavier punishment in accordance with the provisions in the previous paragraph. “Violation of State rules” as mentioned on this Law refers to violation of the laws enacted or selections made by the National People’s Congress or its Standing Committee and the administrative guidelines and regulations formulated, the administrative measures adopted and the selections or orders promulgated by the State Council.
“Business secrets” as talked about on this Article refers to technology data or business info which is unknown to the public, can bring about financial benefits to the obligee, is of sensible use and with regard to which the obligee has adopted secret-preserving measures. in violation of the agreement on or towards the obligee’s demand for maintaining business secrets and techniques, disclosing, utilizing or allowing one other particular person to use the enterprise secrets and techniques he has. Whoever commits the crime talked about in Article 201, 202, 203, 204 or 205 and is fined or sentenced to confiscation of property shall be so punished after the tax authorities have recovered the taxes evaded and the defrauded tax refund for exports. Whoever illegally sells invoices aside from the ones specified within the third paragraph shall be punished based on the provisions within the second paragraph. Whoever illegally sells some other invoices which can be used to defraud a tax refund for exports or to offset tax cash shall be punished based on the provisions within the first paragraph. Any taxpayer who, after having paid the taxes, adopts the deceptive means talked about in the preceding paragraph to acquire a tax refund shall be convicted and punished in accordance with the provisions in Article 201 of this Law, and for the defrauded part that exceeds what he has paid, he shall be punished in accordance with the provisions in the previous paragraph. Where both of the acts described in the previous two paragraphs is committed many times with out punishment, the quantity shall be calculated on an accrued foundation.