CHINESE INTELLIGENCE-RELATED LEGAL DOCUMENTS CHINESE INTELLIGENCE-RELATED LEGAL DOCUMENTSArticle 277. Whoever uses violence or threat to obstruct state personnel from discharging their duties is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control; or a sentence of a fine.
Whoever uses violence or threats to obstruct NPC deputies, or local people's congress deputies, from discharging their lawful deputy duties is to be punished according to the preceding paragraph. Whoever, in the event of a natural disaster or an emergency, uses violence or threats to obstruct Red Cross personnel from discharging their lawful responsibilities is to be punished according to the first paragraph. Whoever intentionally obstructs the state's security or public security organs from carrying out their security assignments, and has caused serious consequences even though no violence or threat is used is to be punished according to the first paragraph.Article 278. Whoever instigates the masses to use violence to resist the enforcement of state laws and administrative regulations is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; when serious consequences have been caused, the sentence is to be not less than three years but not more than seven years of fixed-term imprisonment.
Article 279. Whoever poses as state organ personnel to cheat and bluff is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, the sentence is to be not less than three years but not more than 10 years of fixed-term imprisonment.
Whoever poses as a people's police to cheat and bluff is to be heavily punished in accordance with the preceding paragraph.Article 280. Whoever forges, alters, trades, steals, forcibly seizes or destroys officials documents, certificates, or seals of state organs is to be sentenced to not more than three years of fixed-term imprisonment; when the circumstances are serious, the sentence is to be no less than three years but not more than 10 years of fixed-term imprisonment.
Whoever forges seals of corporations, enterprises, institutions, or people's organizations is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights. Whoever forges or alters citizens' identification cards is to be sentenced to not more than three years of fixed- term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, the sentence is to be no less than three years but not more than seven years of fixed-term imprisonment.Article 281. Whoever illegally produces, purchases or sells standard police uniforms, license plates of motor vehicles, or other special signs, police tools, and the consequences are serious, is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control; and may also be sentenced to a fine, additionally or exclusively.
When a unit commits the crimes stated in the preceding paragraph, the unit is to be fined, and its persons in charge and other who are directly responsible are to be punished according to the regulations in the preceding paragraph.Article 282. Whoever illegally acquires state secrets by stealing, secretly gathering, and purchasing is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, the sentence is to be not less than three years but not more than seven years of fixed-term imprisonment.
Whoever possesses documents, information, or other articles which are top secret or classified information of the state, and refuses to state their origins or use, is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control.Article 283. Whoever illegal produces and sells monitoring, photographing or other special espionage equipment is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control.
Article 284. Whoever illegally uses special monitoring or photographing equipment and causes grave consequences is to be sentenced to not more than two years of fixed-term imprisonment, criminal detention, or control.
Article 285. Whoever violates state regulations and intrudes into computer systems with information concerning state affairs, construction of defense facilities, and sophisticated science and technology is be sentenced to not more than three years of fixed-term imprisonment or criminal detention.
Article 286. Whoever violates states regulations and deletes, alters, adds, and interferes in computer information systems, causing abnormal operations of the systems and grave consequences, is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than five years of fixed-term imprisonment.
Whoever violates state regulations and deletes, alters, or adds the data or application programs installed in or processed and transmitted by the computer systems, and causes grave consequences, is to be punished according to the preceding paragraph. Whoever deliberately creates and propagates computer virus and other programs which sabotage the normal operation of the computer system and cause grave consequences is to be punished according to the first paragraph.Article 287. Whoever uses a computer for financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets, or other crimes is to be convicted and punished according to relevant regulations of this law.
Article 288. Whoever violates state regulations and installs or uses radio stations (transmitters), occupies frequencies without authorization, and refuses to stop using them after being ordered to do so, thus interfering in normal radio communications and causing serious consequences is to be sentenced to not more than three years of fixed- term imprisonment, criminal detention, or control; and may also be sentenced to a fine, additionally or exclusively. When a unit commits the crimes stated in the preceding paragraph, the unit is to be fined, and its persons in charge and others who are directly responsible are to be punished according to the preceding paragraph.
Article 289. Whoever causes a person's injury, disability or death as result of assembling a crowd for "beating, smashing and looting" is to be convicted and punished according to regulations in Articles 234 and 232 of this law. In cases where public of private property is destroyed or forcibly taken and carried away, ringleaders, in addition to the ordering of restitution of compensation, are to be convicted and punished according to Article 263 of this law.
Article 290. In cases where crowds are assembled to disturb public order with serious consequences; where the process of work, production, business, teaching, and scientific research are disrupted; and where serious losses have been caused, the ringleaders are to be sentenced to not less than three years but not more than seven years of fixed-term imprisonment; other active participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.
Assembling crowds to attack state organs, thus disrupting their operations and causing serious losses, the ringleaders are to be sentenced to not less than five years but not more than 10 years of fixed-term imprisonment; and other active participants are to be sentenced to not less than five year of fixed-term imprisonment, criminal detention, control, or deprivation of political rights.Article 291. In cases where a crowd is assembled to disturb order at stations, wharves, civil aviation stations, market places, public parks, theaters, exhibitions, sports grounds or other public places, or a crowd is assembled to block traffic or undermine traffic order, or resist or obstruct state security administration personnel who are carrying out their functions according to law, when the circumstances are serious, ringleaders are to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control.
Article 292. In cases where a crowd is assembled to have brawls, ringleaders and other active participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control. When the cases are one of the following, ringleaders and other active participants are to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment:
(1) crowds are assembled on many occasions to have brawls; (2) the size of crowds assembled to have brawls is large, and bad social effects have been caused; (3) crowds are assembled for brawls in public places or main thoroughfares, and serious social disorders have been caused; or (4) crowds are assembled for brawls with tools. Whoever assembles a crowd to have brawls, thus causing a person serious injuries or death, is to be convicted and punished according to Articles 234 and 232 of this Law.Article 293. Whoever undermines public order with anyone of the following provocative and disturbing behaviors is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control:
(1) willfully attacking another person and the circumstances are bad; (2) chasing, intercepting, or cursing another person, and the circumstances are bad; (3) forcibly taking away, demanding, or willfully damaging or seizing public or private property; and the circumstances are serious; (4) creating a disturbance in a public place, causing serious disorder.Article 294. Whoever organizes, leads, or actively participates in an organization with characteristics of a criminal syndicate, which carries out lawless and criminal activities in an organized manner through violence, threat, or other means, with the aim of playing the tyrant in a locality, committing all sorts of crimes, bullying and harming the masses, and doing what has seriously undermined economic and social order is to be sentenced to not less than three years but 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. Personnel of overseas criminal syndicates who come to the PRC to recruit members are to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment.
Whoever commits other crimes in addition to those in the preceding two paragraph is to the punished according to regulations for punishing multiple crimes. State organ personnel who harbor an organization with characteristics of a criminal syndicate, or who connives at the organization's lawless and criminal activities is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or deprivation of political rights; when the circumstances are serious, the sentence is to be not less than three years but not more than 10 years of fixed-term imprisonment.Article 295. Whoever teaches crime-committing methods is to be to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control; when the consequences are serious, to not less than five years of fixed-term imprisonment; when the consequences are particularly serious, to life imprisonment or death penalty.
Article 296. Whoever holds an assembly, parade, demonstration without application in accordance with the law or without authorization after application, or does not carry it out in accordance with the beginning time and ending time, place, and road as permitted by authorities concerned, and refuses to obey an order to dismiss, thereby seriously sabotaging social order, those personnel who are in charge and those who are directly responsible are to be to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 297. Whoever violates laws and regulations by bringing with them weapons, controlled knives and tools or explosive articles to participate in an assembly, parade, demonstration is to be to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 298. Whoever disturbs, collides, or sabotages with other methods the legally-held assembly, parade, demonstration, thereby giving rise to chaotic public order is to be to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 299. Whoever purposely insults the national flag, national emblem of the PRC in a public place with such methods as burning, destroying, scribbling, soiling, and trampling is to be to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprived of political rights.
Article 300. Whoever organizes and utilizes superstitious sects, secret societies, and evil religious organizations or sabotages the implementation of the state's laws and executive regulations by utilizing superstition is to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment; when circumstances are particularly serious, to not less than seven years of fixed-term imprisonment.
Whoever organizes and utilizes superstitious sects, secret societies, and evil religious organizations or cheats others by utilizing superstition, thereby giving rise to the death of people is to be punished in accordance with the previous paragraph. Whoever organizes and utilizes superstitious sects, secret societies, and evil religious organizations or has illicit sexual relations with women, defraud money and property by utilizing superstition is to be convicted and punished in accordance with the regulations of articles 236, 266 of the law.Article 301. Whoever takes a lead in assembling a crowd to engage in promiscuous activities or repeatedly participates in such activities is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, or control.
Whoever seduces minors to participate in mass promiscuous activities is to be severely punished in accordance with the previous paragraph.Article 302. Whoever steals, insults corpses is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control.
Article 303. Whoever, for the purpose of reaping profits, assembles a crow to engage in gambling, opens a gambling house, or makes an occupation of gambling is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control, in addition to fine.
Article 304. Postal service personnel who are severely irresponsible, purposely delay sending mails thereby giving rise to great loss of public properties, interests of the state and people are to be sentenced to not more than two years of fixed-term imprisonment or criminal detention.