PRC Criminal Law
Adopted by the Second Session of the Fifth
National People's Congress [NPC] on 1 July 1979)
Amended
by the Fifth Session of the Eighth NPC on 14 March 1997)
PART II Special Provisions
Chapter I Crimes of Endangering National Security
Article 102. Whoever colludes with foreign states in
plotting to harm the motherland's sovereignty, territorial
integrity and security is to be sentenced to life
imprisonment or not less than ten years of fixed-term
imprisonment.
Whoever commits the crimes in the preceding paragraph
in collusion with institutions, organization, or individuals
outside the country shall be punished according to the
stipulations in the preceding paragraph.
Article 103. Whoever organizes, plots, or acts to split
the country or undermine national unification, the
ringleader, or the one whose crime is grave, is to be
sentenced to life imprisonment or not less than ten years of
fixed-term imprisonment; other active participants are to be
sentenced to not less than three but not more than 10 years
of fixed-term imprisonment; and other participants are to be
sentenced to not more than three years of fixed-term
imprisonment, criminal detention, control, or deprivation of
political rights.
Whoever instigates to split the country and undermine
national unification is to be sentenced to not more than
five years of fixed-term imprisonment, criminal detention,
control, or deprivation of political rights; ringleaders or
those whose crimes are grave are to be sentenced to not less
than five years of fixed-term imprisonment.
Article 104.
Whoever organizes, plots, or carries out armed rebellion, or
armed riots, the ringleaders, or those who crimes are grave,
are to be sentenced to life imprisonment, or not less than
10 years of fixed-term imprisonment; the active participants
are to be sentenced from not less than three to not more
than 10 years of fixed-term imprisonment; and other
participants are to be sentenced to not more than three
years of fixed-term imprisonment, criminal detention,
control, or deprivation of political rights.
Whoever instigates, coerces, lures, and bribes state
personnel, members of the armed forces, people's police or
people's militia to carry out armed rebellion or armed riot
are to be heavily punished according to the stipulations in
the preceding paragraph.
Article 105. Whoever organizes, plots, or acts to
subvert the political power of the state and overthrow the
socialist system, the ringleaders or those whose crimes are
grave are to be sentenced to life imprisonment, or not less
than 10 years of fixed-term imprisonment; active
participants are to be sentenced from not less than three
years to not more than 10 years of fixed-term imprisonment;
other participants are to be sentenced to not more than
three years of fixed-term imprisonment, criminal detention,
control, or deprivation of political rights.
Whoever instigates the subversion of the political
power of the state and overthrow the socialist system
through spreading rumors, slandering, or other ways are to
be sentenced to not more than five years of fixed-term
imprisonment, criminal detention, control, or deprivation of
political rights; the ringleaders and those whose crimes are
grave are to be sentenced to not less than five years of
fixed-term imprisonment.
Article 106. Whoever colludes with institutions,
organizations, or individuals outside the country and
commits crimes stipulated in Articles 103, 104, and 105 of
this chapter are to be heavily punished according to the
stipulations in the articles.
Article 107. When institutions, organizations, or
individuals inside or outside the country provide financial
support for organizations or individuals in the country to
commit the crimes stipulated in Articles 102, 103, 104, and
105, their direct persons in charge are to be sentenced to
not more than five years of fixed-term imprisonment,
criminal detention, control, or deprivation of political
rights; and if the case is serious, they shall be sentenced
to not less than five years of fixed-term imprisonment.
Article 108. Whoever defects to the enemy and turns
traitor is to be sentenced to not less than three years and
not more than ten years of fixed-term imprisonment; when the
circumstances are serious or when it is a case of leading a
group of armed personnel, people's police, or militia to
defect to the enemy and turn traitor, the sentence is to be
not less than ten years of fixed-term imprisonment or life
imprisonment.
Article 109. If a state organ personnel, during the
time of performing his public functions, leave his post
without authorization and defects from the country; or if
the defection takes place when he is already outside the
country, thereby endangering the PRC's national security, he
is to be sentenced to not more than five years of fixed-term
imprisonment, criminal detention, control, or deprivation of
political rights; when the circumstances are serious, he is
to be sentenced to not less than five years and not more
than 10 years of fixed-term imprisonment.
When a state personnel handling state secrets commits
the crime in the preceding paragraph, he is to be heavily
punished according to the stipulations in the preceding
paragraph.
Article 110. Whoever commits any of the following acts
of espionage and endangers national security is to be
sentenced to not less than 10 years of fixed-term
imprisonment or life imprisonment; when the circumstances
are relatively minor, the sentence is to be not less than
three years and not more than ten years of fixed-termed
imprisonment:
(1) Joining an espionage organization or accepting a
mission assigned by it or its agent; or
(2) Pointing out bombing or shelling targets to the
enemy.
Article 111. Whoever steals, secretly gathers,
purchases, or illegally provides state secrets or
intelligence for an organization, institution, or personnel
outside the country is to be sentenced from not less than
five years to not more than 10 years of fixed-term
imprisonment; when circumstances are particularly serious,
he is to be sentenced to not less than 10 years of fixed-
term imprisonment, or life sentence; and when circumstances
are relatively minor, he is to be sentenced to not more than
five years of fixed-term imprisonment, criminal detention,
control, or deprivation of political rights.
Article 112. Whoever supplies arms and ammunition or
other military materials to an enemy during war time is to
be sentence to not less than 10 years of fixed-term
imprisonment or life imprisonment; and when the
circumstances are relatively minor, he will be sentenced a
fixed-term imprisonment from not less than three years to
not more than 10 years.
Article 113. When one commits the aforementioned crimes
in this chapter that endanger national security -- except
those stipulated in the second clause of Article 103, and
Articles 105, 107 and 109 -- and has incurred particularly
serious harms to the country and the people, and the
circumstances are particularly vile, he may be sentenced to
death.
Whoever commits the crimes in this chapter may also be
punished by having his property confiscated.
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