Magistrates’ Courts
Whoever by violence or threat obstructs a serviceman from performing his duties based on regulation shall be sentenced to mounted-time period imprisonment of not more than three years, criminal detention or public surveillance or be fined. Whoever arranges for pornographic performances shall be sentenced to fixed-term imprisonment of no more than three years, felony detention or public surveillance and shall also be fined; if the circumstances are severe, he shall be sentenced to fastened-term imprisonment of not lower than three years however no more than 10 years and shall even be fined. Whoever arranges for shows of pornographic audio-video merchandise together with movies and video-tapes shall be sentenced to fixed-time period imprisonment of not more than three years, felony detention or public surveillance and shall also be fined; if the circumstances are critical, he shall be sentenced to fastened-term imprisonment of not less than three years but no more than 10 years and shall even be fined.
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Any serviceman who, in performing his duties, leaves his publish with out permission or defects from China or does so when being outside of the nation, thus jeopardizing the army pursuits of the State, shall be sentenced to fastened-term imprisonment of not more than five years or felony detention; if the circumstances are severe, he shall be sentenced to fixed-term imprisonment of not less than five years. Any officer who abuses his energy and instigates his subordinates to act in transgression of their duties, thereby inflicting serious consequences, shall be sentenced to mounted-term imprisonment of not more than five years or felony detention; if the circumstances are especially severe, he shall be sentenced to fixed-time period imprisonment of not less than five years but no more than 10 years. Any particular person in command or on duty who leaves his post without permission or neglects his duties, thereby causing critical penalties, shall be sentenced to fixed-term imprisonment of no more than three years or legal detention; if the implications are especially critical, he shall be sentenced to fixed-term imprisonment of not less than three years however not more than seven years. Any functionary of a State organ charged with the mentioned functions and obligations who, by benefiting from his office, hinders the rescue effort shall be sentenced to mounted-term imprisonment of not lower than two years but no more than seven years; if the circumstances are comparatively minor, he shall be sentenced to fixed-term imprisonment of no more than two years or criminal detention. Any functionary of a State organ who is charged with the functions and responsibilities to rescue a lady or youngster who is kidnapped, bought or kidnapped fails to do so on receiving a request for rescue by the sufferer or by his or her family members or on receiving a report thereon made by any other person, thus inflicting critical consequences, shall be sentenced to fixed-term imprisonment of not more than five years or legal detention. Any officer of an animal and plant quarantine organ who, participating in malpractices for personal acquire, forges a quarantine end result, shall be sentenced to mounted-time period imprisonment of no more than five years or criminal detention; if the results are serious, he shall be sentenced to fixed-term imprisonment of not lower than five years but no more than 10 years.
Whoever misappropriates an enormous, quantity of public funds and fails to return it shall be sentenced to mounted-term imprisonment of not less than 10 years or life imprisonment. An individual who embezzles not less than 5,000 yuan however less than 50,000 yuan shall be sentenced to mounted-term imprisonment of not less than one 12 months but no more than seven years; if the circumstances are critical, he shall be sentenced to mounted-term imprisonment of not less than seven years but not more than 10 years. If a person who embezzles not less than 5,000 yuan and fewer than 10,000 yuan, reveals true repentance after committing the crime, and offers up the embezzled money of his own accord, he may be given a mitigated punishment, or he could also be exempted from legal punishment however shall be subjected to administrative sanctions by his work unit or by the competent authorities at the next level. Whoever spreads rumors to create confusion among the many troops and disturb their morale throughout wartime shall be sentenced to mounted-term imprisonment of no more than three years, criminal detention or public surveillance; if the circumstances are severe, he shall be sentenced to mounted-term imprisonment of not lower than three years however not more than 10 years. Whoever incites a serviceman to abandon from the unit or knowingly employs such a deserter, if the circumstances are critical, shall be sentenced to mounted-term imprisonment of not more than three years, criminal detention or public surveillance. Where persons are gathered to assault a military restricted zone, thus severely disturbing the order of the zone, the ringleaders shall be sentenced to mounted-term imprisonment of not less than 5 years but no more than 10 years; other active members shall be sentenced to mounted-time period imprisonment of not more than 5 years, felony detention, public surveillance or deprivation of political rights.
Felony And Misdemeanor Crimes
Where persons are gathered to assault a State organ, making it unimaginable for the State organ to conduct its work and inflicting heavy losses, the ringleaders shall be sentenced to mounted-time period imprisonment of not less than five years however not more than 10 years; the active members shall be sentenced to fixed-term imprisonment of no more than five years, criminal detention, public surveillance or deprivation of political rights. Whoever illegally manufactures, buys or sells the individuals’s police uniforms, number plates of police automobiles and other police insignia or police implements, if the circumstances are serious, shall be sentenced to fixed-time period imprisonment of no more than three years, legal detention or public surveillance and shall additionally, or shall solely, be fined. Whoever forges the seals of an organization, enterprise, institution or a people’s organization shall be sentenced to mounted-time period imprisonment of not more than three years, legal detention, public surveillance or deprivation of political rights. Whoever by the use of violence or menace, obstructs a functionary of a State organ from carrying out his capabilities in accordance with law shall be sentenced to mounted-term imprisonment of no more than three years, felony detention, or public surveillance or be fined. Whoever, via violence or coercion, organizes disabled persons or minors underneath the age of 14 to go begging shall be sentenced to fastened-time period imprisonment of no more than three years or criminal detention and shall, as well as, be fined; and if the circumstances are serious, he shall be sentenced to fastened-time period imprisonment of not lower than three years however not more than seven years and shall, in addition, be fined. Whoever maltreats a member of his household, if the circumstances are flagrant, shall be sentenced to mounted-term imprisonment of not more than two years, felony detention or public surveillance. Any main member of a company, enterprise, institution, State organ or people’s group who retaliates against the accountants or statisticians who carry out their features and duties in accordance with legislation and resist any acts violating the Accounting Law or the Statistics Law, if the circumstances are flagrant, shall be sentenced to mounted-term imprisonment of not more than three years or criminal detention.
Whoever, in violation of the law or rules on protection of aquatic resources, catches aquatic products in an area or throughout a season closed to fishing, or uses prohibited fishing gear or methods for the purpose, if the circumstances are serious, shall be sentenced to mounted-time period imprisonment of no more than three years, felony detention or public surveillance or be fined. Whoever, in violation of the laws or regulations on administration of the nationwide border , illegally crosses the nationwide border , if the circumstances are serious, shall be sentenced to fastened-time period imprisonment of not a couple of yr, criminal detention or public surveillance and shall even be fined. Whoever disturbs, breaks into or disrupts by any other means an assembly, a procession or an indication held in compliance with law, thus causing public dysfunction, shall be sentenced to fastened-time period imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. Whoever, in violation of the provisions of law, participates in an assembly, a procession or an illustration with weapons, controlled chopping instruments or explosives shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Whoever unlawfully obtains State secrets by stealing, spying or buying shall be sentenced to mounted-term imprisonment of not more than three years, felony detention, public surveillance or deprivation of political rights; if the circumstances are severe, he shall be sentenced to fixed-term imprisonment of not lower than three years however not more than seven years.
Whoever forces another individual to work beneath hazardous circumstances in violation of guidelines, thereby inflicting an accident involving heavy casualties or inflicting other serious consequences, shall be sentenced to fastened-time period imprisonment of not more than five years or criminal detention; and if the circumstances are particularly flagrant, he shall be sentenced to fixed-term imprisonment of not lower than 5 years. Whoever illegally enters a public place or gets on a public transportation car with any gun, ammunition, managed chopping software or explosive, inflammable, radioactive, toxic or corrosive materials and thereby endangers public safety, if the circumstances are severe, shall be sentenced to fastened-term imprisonment of no more than three years, felony detention or public surveillance. If individuals who are lawfully geared up with guns for the discharge of official duties lose their guns and fail to report concerning the matter instantly, thereby causing critical penalties, they shall be sentenced to fastened-time period imprisonment of not more than three years or criminal detention. Whoever, in violation of the rules governing management of weapons, illegally possesses or conceals any guns or ammunition shall be sentenced to mounted-time period imprisonment of not more than three years, felony detention or public surveillance; if the circumstances are critical, he shall be sentenced to fastened-term imprisonment of not lower than three years however not more than seven years. Whoever negligently commits the crime talked about within the previous paragraph shall be sentenced to fixed-term imprisonment of not lower than three years but no more than seven years; if the circumstances are minor, he shall be sentenced to fixed-time period imprisonment of no more than three years or legal detention. Whoever loses weapons or equipment and fails to report the matter instantly, or if there are other critical circumstances involved, shall be sentenced to fastened-time period imprisonment of not more than three years or criminal detention. Whoever, in violation of an order, abandons weapons or gear shall be sentenced to fastened-time period imprisonment of no more than five years or legal detention; if he abandons important or a considerable amount of weapons or equipment or if there are different serious circumstances involved, he shall be sentenced to fastened-time period imprisonment of not less than five years.
Whoever, in violation of the legislation or rules on land administration, unlawfully occupies cultivated land, forestland or different farmland, and makes use of it for different functions, if the realm involved is relatively large and a large space of such land is broken, shall be sentenced to fixed-term imprisonment of no more than five years or criminal detention and shall additionally, or shall solely, be fined. Any medical employee who, grossly neglecting his obligation, causes demise or severe harm to the health of the individual in search of medical service shall be sentenced to mounted-term imprisonment of no more than three years or criminal detention. Whoever, in violation of the provisions of the Archives Law, sells or transfers without authorization State-owned archives, if the circumstances are serious, shall be sentenced to mounted-time period imprisonment of no more than three years or criminal detention. Whoever, for the purpose of revenue, resells the cultural relics, the sale of which is prohibited by the State, if the circumstances are serious, shall be sentenced to fixed-time period imprisonment of no more than five years or felony detention, and shall also be fined; if the circumstances are especially serious, he shall be sentenced to fixed-time period imprisonment of not less than 5 years however not more than 10 years and shall also be fined. Whoever, in violation of the legal guidelines or regulations on safety of cultural relics, sells or presents as a present to a foreigner without authorization any priceless cultural relic in his collection, the export of which is prohibited by the State, shall be sentenced to fixed-time period imprisonment of no more than 5 years or felony detention and may be fined.
Whoever impersonates a serviceman to go about and deceive individuals shall be sentenced to fastened-term imprisonment of no more than three years, felony detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fastened-time period imprisonment of not lower than three years but no more than 10 years. Whoever lures different individuals into or shelters prostitution or procures other persons to engage in prostitution shall be sentenced to mounted-term imprisonment of no more than five years, criminal detention or public surveillance and shall even be fined; if the circumstances are serious, he shall be sentenced to fastened-term imprisonment of not lower than 5 years and shall even be fined. If they provide offenders engaged in drug smuggling or trafficking with State-managed narcotic and psychotropic substances that can make people hooked on their use and are managed underneath State laws, for the aim of profit, provide narcotic and psychotropic substances to individuals who ingest or inject narcotic medicine shall be convicted and punished in accordance with the provisions of Article 347 of this Law. Whoever lures, aids and abets, or cheats one other individual into drug ingestion or injection shall be sentenced to mounted-term imprisonment of not more than three years, felony detention or public surveillance and shall also be fined; if the circumstances are critical, he shall be sentenced to fixed-time period imprisonment of not lower than three years but not more than seven years and shall even be fined. Whoever, in violation of the legislation or regulations on searching, hunts wildlife in an area or during a season closed to hunting or makes use of prohibited hunting gear or strategies for the purpose, thus damaging wildlife resources, if the circumstances are serious, shall be sentenced to mounted-term imprisonment of no more than three years, legal detention, or public surveillance or be fined.