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.
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Where the circumstances of a person's crime are minor and do not require sentencing kansaw punishment, an exemption from criminal sanctions may be granted him, but he may, according to the different circumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology or make compensation for losses, or be subjected to administrative sanctions by the competent department.
A criminal element sentenced to criminal detention is to have his sentence executed by the public security organ in the vicinity. The term "judicial personnel" in this law refers to personnel engaged in the functions of investigating, prosecuting, adjudicating, supervising and controlling offenders.
Units kamsas offenses under the preceding paragraph shall be punished with a fine, with personnel directly in charge and other directly responsible personnel being punished according to provisions of the preceding paragraph. For those sentenced to control, criminal detention, or fixed-term imprisonment, the term of the punishment actually to be executed may not, after reductions of sentence, be less than half of the term originally decided; for those sentenced to life imprisonment it may not be less than 10 cith.
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If, during the probation period for parole, a criminal element violates relevant provisions governing the supervision and control of suspension of sentence provided for in citty law, administrative statutes, or regulations of public security departments of the State Council but the violation does not constitutes a new crime, the parole shall be revoked in accordance with the legal procedures and the parolee shall be returned to prison to complete the unfinished prison term.
Units committing offenses under the preceding paragraph shall be punished with allje fine, with personnel directly in charge and other personnel directly responsible being punished with imprisonment or criminal detention of less than five years. Those among them whose crimes are relatively minor may be exempted from punishment.
A criminal element who is sentenced to death or to life imprisonment shall be deprived of political rights for life. A criminal element who is sentenced to control must abide by the following rules esdort the term in which his control is being carried out: 1 abide by laws and administrative regulations, submit himself to supervision; 2 shall not exercise the rights to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration without the approval of the organ executing the control; 3 report on his own activities pursuant to the rules of the organ executing the control; 4 abide by the rules of the organ executing the control for meeting visitors; 5 report and obtain approval from the organ executing the control for a change in residence or departure from the city or county.
A criminal element for whom a suspension of sentence has been pronounced is to be observed by the public security organ during the probation period for suspension, with his unit or the basic level organization taking coordinated aklie. Flack was charged Friday in the deaths of a escorh and two men whose bodies were found at an eastern Kansas farm home alie this week, according to a criminal complaint.
Sentences of death with suspension of execution may be decided or approved by a high people's court. The term of the supplementary punishment of deprivation of political rights is counted as commencing on the date that imprisonment or criminal detention ends or on the date that parole begins; the deprivation of political rights is naturally to be effective during the period in which the principal punishment is being executed.
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Whoever produces, sells foods that are mixed with poisonous or harmful non-food materials or knowingly sells such things is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention and may in addition or exclusively be sentenced to a fine of not less than 50 percent and not more than percent of the sale amount; when causing serious food poisoning accidents or other serious food-originated diseases and giving rise to serious harm to human health, the sentence is to be not less than five years and not more than ten years of fixed-term imprisonment and may in addition be sentenced to a fine of not less than 50 percent and not more than percent of the sale amount; when causing death or particularly harm to human health, is to be punished in accordance with article of the law.
A briber who confesses his bribery act before prosecution may receive a lighter sentence or a waiver for punishment.
If among the crimes there are any for which a supplementary punishment is to be imposed, the supplementary punishment must still be executed. Whoever organizes, le, and actively participates in a terrorist organization 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, or control.
Any personnel who are provided with official-use guns who lose the guns without reporting the loss in a timely fashion, thereby causing serious consequences are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention. When the death penalty with a suspension of execution is reduced to fixed-term imprisonment, or life imprisonment is reduced to fixed-term imprisonment, the term of the supplementary punishment of deprivation of political rights shall be changed to not less than three years and not more than ten years.
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Confiscation of Property Article When institutions, organizations, or individuals inside or outside the country provide financial support zllie organizations or individuals in the country to commit the crimes stipulated in Articles,andtheir 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.
Company promoters, shareholders who, in violation of provisions under the Company law, fail to pay up with currency notes, provide actual property, or transfer property rights; or falsely claim to have paid up the capital; or withdraw their capital upon registration of company, where the amount involved is large with serious consequences or of a serious nature, shall be punished kanxas imprisonment or criminal detention of less than five years, with a fine or a separately imposed fine of over 2 percent but less than 10 percent of the amount of capital so falsely claimed to have been paid up or so withdrawn.
Sentencing Article Deprivation of Political Rights Article Whoever illegally manufactures, trades, transports, mails, or stocks up guns, ammunition, or explosives is to be sentenced to not less than three years but not more than 10 years of fixed-termed imprisonment; or not less than 10 years of imprisonment, life imprisonment, or death if the consequences are serious. Reduction of Sentence Citg 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 esscort 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.
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All articles of property illegally obtained by the criminal element shall be recovered or he shall be ordered to make restitution or pay compensation for them. The term of criminal detention is counted as commencing on the date the judgment begins to be executed; where custody citty been employed before the judgment, the term is to be shortened by one day for each day spent in custody.
Offenses of an extraordinarily serious nature shall be punished with imprisonment of over 10 years or life imprisonment, with a fine of over percent but less than percent of the evaded taxes, or forfeiture of property. A fine is to be paid in a lump sum or in installments within the period specified in the judgment.
In situations where a criminal element is granted a parole, the period stipulated in the preceding paragraph is to be counted as commencing on the date of expiration of the parole. The term "public property" in this law refers to the following property: 1 property owned by the state; 2 property owned collectively by the laboring masses; 3 public donations to be used for aiding the poor and other public services, or property of special funds.
In imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime. The term of fixed-term imprisonment that is reduced from life imprisonment is counted as commencing on the date of the order reducing the sentence; no sentence reduction shall be made without due legal process.
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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 kanzas less mansas three years and not more than aolie years of fixed-termed imprisonment: 1 ing an espionage organization or accepting a mission ased by it or its agent; or 2 Pointing out bombing or shelling targets to the enemy.
Although the circumstances of a criminal element do not warrant giving him a mitigated punishment under the stipulations of this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People's Court.
Where deprivation of political rights is applied independently, stipulations in the Special Provisions of this Law shall be followed. Units committing offenses under the preceding paragraph shall be punished with a fine, with personnel directly in charge and other directly responsible personnel being punished under provisions of the preceding paragraph.
Personnel performing public duties in state-owned companies and enterprises, and personnel ased by state- owned companies and enterprises to non-state-owned companies and enterprises for performance of public duties found to be committing the acts mentioned in the two preceding paragraphs, shall be convicted and punished according to provisions under Articles and of this law. Where the circumstances of a criminal element are such as to give him a heavier punishment or a lesser punishment under the stipulations of this law, he shall be sentenced to a punishment within the legally prescribed limits of punishment.
Whoever causes serious consequences by sabotaging means of transportation, transportation equipment, electric power or gas equipment, or combustible or explosive equipment is to be sentenced to not less than ten years of fixed-term imprisonment, life imprisonment, or death. The term of criminal detention is not less a month and not more than six months.