2024/9/2 凌晨12:26
Criminal Law of the People's Republic of China
imprisonment of not more than 3 years or short-term custody. If the consequences are
especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 3
years but not more than 7 years.
Whoever commits a crime as prescribed in the preceding paragraph in wartime shall be sentenced to
fixed-term imprisonment of not less than 5 years.
Article 426 A serviceperson who, by violence or threat, obstructs a commander or another
serviceperson on duty in the performance of his duty, shall be sentenced to fixed-term
imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than
10 years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than 10 years or life imprisonment. Whoever commits such a crime in
wartime shall be given a heavier punishment.
Article 427 A serviceperson who abuses his office by instructing his subordinates to act in
transgression of their duty, thereby causing serious consequences, shall be sentenced to fixed-term
imprisonment of not more than 5 years or short-term custody. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5
years but not more than 10 years.
Article 428 A commander who disobeys an order, or flinches before a battle, or willfully fails to do
his utmost in a military operation, thereby causing serious consequences, shall be sentenced to
fixed-term imprisonment of not more than 5 years. If heavy losses are caused to a battle or
campaign or there are other especially serious circumstances, the offender shall be sentenced to
fixed-term imprisonment of not less than 5 years.
Article 429 A commander on the battlefield who, knowing that a nearby friendly troop in a critical
situation requests rescue, refuses to go to rescue when it is possible, thereby causing heavy losses to
the nearby friendly troop, shall be sentenced to fixed-term imprisonment of not more than 5 years.
Article 430 A serviceperson who, when performing his duty at home, leaves his post without
permission and escapes from the country as a defector, or defects as he performs public duties
abroad, thereby endangering the military interests of the state, shall be sentenced to fixed-term
imprisonment of not more than 5 years or short-term custody. If the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
A serviceperson who defects by piloting an aircraft or a ship or with other especially serious
circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment, or death.
Article 431 A serviceperson who unlawfully obtains military secrets by stealing, spying on or illegally
purchasing such secrets shall be sentenced to fixed-term imprisonment of not more than 5 years. If
the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not
less than 5 years but not more than 10 years. If the circumstances are especially serious, the offender
shall be sentenced to fixed-term imprisonment of not less than 10 years.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_15.htm
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