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Criminal Law of the People's Republic of China
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Criminal Law of the People's Republic of
China
Updated: 2020-12-26
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Chapter X Crimes of Serviceperson’s Transgression of Duty
Article 420 A serviceperson acting in transgression of duty and thereby endangering the military
interests of the state, which is criminally punishable in accordance with the law, commits the crime
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of serviceperson’s transgression of duty.
Article 421 A serviceperson who disobeys an order in wartime, thereby endangering a military
operation, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than
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10 years. If heavy losses are caused to a battle or campaign, the offender shall be sentenced to fixedterm imprisonment of not less than 10 years, life imprisonment, or death.
Article 422 A serviceperson who intentionally conceals or makes a false report about a military
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situation, or refuses to convey a military order or conveys a false military order, thereby endangering
a military operation, shall be sentenced to fixed-term imprisonment of not less than 3 years but not
more than 10 years. If heavy losses are caused to a battle or campaign, the offender shall be
sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 423 A serviceperson who, in fear of death, voluntarily lays down arms and surrenders to
an enemy on the battleground shall be sentenced to fixed-term imprisonment of not less than 3
years but not more than 10 years. If the circumstances are serious, the offender shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment.
A serviceperson who, after surrendering to an enemy, works for the enemy, shall be sentenced to
fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Article 424 A serviceperson who deserts from the battlefield shall be sentenced to fixed-term
imprisonment of not more than 3 years. If the circumstances are serious, the offender shall be
sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. If heavy
losses are caused to a battle or campaign, the offender shall be sentenced to fixed-term
imprisonment of not less than 10 years, life imprisonment, or death.
Article 425 Any commander or other serviceperson on duty who is absent without official leave or
neglects his duty, and thereby causes serious consequences, shall be sentenced to fixed-term
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