CHINESE INTELLIGENCE-RELATED LEGAL DOCUMENTS


CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA - 1984

PART II: SPECIAL PROVISIONS
CHAPTER 1: CRIMES OF COUNTER-REVOLUTION

Article 90. All acts endangering the People's Republic of China committed with the goal of overthrowing the political power of the dictatorship of the proletariat and the socialist system are crimes of counter-revolution.

Article 91. Whoever colludes with foreign states in plotting to harm the sovereignty, territorial integrity and security of the motherland is to be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment.

Article 92. Whoever plots to subvert the government or dismember the state is to be sentenced to life imprisonment or not less than ten years of fixed- term imprisonment.

Article 93. Whoever instigates, lures or bribes state personnel, members of the armed forces, people's police or people's militia to defect to the enemy and turn traitor or to rise in rebellion is to be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment.

Article 94. 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 it is a case of leading a group 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.

Whoever leads members of the armed forces, people's police or people's militia to defect to the enemy and turn traitor is to be sentenced to life imprisonment or not less than ten years of fixed-term imprisonment.

Article 95. Ringleaders in armed mass rebellion or others involved whose crimes are monstrous are 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 years and not more than ten years of fixed-term imprisonment.

Article 96. Ringleaders in a mass prison raid or in organising a jailbreak or others involved whose crimes are monstrous are 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 years and not more than ten years of fixed-term imprisonment.

Article 97. Whoever commits any of the following acts of espionage or aiding an enemy is to be sentenced to not less than ten 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-term imprisonment:

1. Stealing, secretly gathering or providing intelligence for an enemy;

2. Supplying arms and ammunition or other military materials to an enemy; and

3. Taking part in a secret service or espionage organisation or accepting a mission assigned by an enemy.

Article 98. Whoever organises or leads a counter-revolutionary group is to be sentenced to not less than five years of fixed-term imprisonment; others who actively participate in a counter-revolutionary group are to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control or deprivation of political rights.

Article 99. Whoever organises or used feudal superstition or superstitious sects and secret societies to carry on counter-revolutionary activities is to be sentenced to not less than five years of fixed-term imprisonment; when the circumstances are relatively minor, the sentence is to be not more than five years of fixed-term imprisonment, criminal detention, control or deprivation of political rights.

Article 100. Whoever for the purpose of counter-revolution carries on any of the following acts of sabotage is to be sentenced to life imprisonment or not less than ten years of fixed-term 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-term imprisonment:

1. Causing explosions, setting fires, breaching dykes, using technological or other means to sabotage military equipment, production facilities, communications or transportation equipment, construction projects, danger-prevention equipment or other public construction or articles of public property;

2. Robbing state records, military materials, industrial or mining enterprises, banks, shops, warehouses or other articles of public property;

3. Hijacking ships, airplanes, trains, streetcars, or motor vehicles;

4. Pointing out bombing or shelling targets to the enemy; and

5. Manufacturing, seizing or stealing guns or ammunition.

Article 101. Whoever for the purpose of counter-revolution spreads poisons, disseminates germs or by other means kills or injures people is to be sentenced to life imprisonment or not less than ten years of fixed-term 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-term imprisonment.

Article 102. Whoever for the purpose of counter-revolution commits any of the following acts is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control or deprivation of political rights; ringleaders or others whose crimes are monstrous are to be sentenced to not less than five years of fixed-term imprisonment:

1. Inciting the masses to resist or to sabotage the implementation of the state's laws or decrees; and

2. Through counter-revolutionary slogans, leaflets or other means, propagandising for and inciting the overthrow of the political power of the dictatorship of the proletariat and the socialist system.

Article 103. Whoever commits any of the crimes of counter-revolution mentioned above in this Chapter, except those in Article 98, 99 and 102, may be sentenced to death when the harm to the state and the people is especially serious and the circumstances especially odious.

Article 104. Whoever commits any of the crimes in this Chapter may in addition be sentenced to confiscation of property.