2024/9/2 凌晨12:25
Criminal Law of the People's Republic of China
years or short-term custody.
Whoever takes away by force a criminal, defendant, or criminal suspect under escort shall be
sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If the
circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less
than 7 years.
Article 317 A ringleader who organizes a jailbreak and other active participants shall be sentenced to
fixed-term imprisonment of not less than 5 years; and other participants shall be sentenced to fixedterm imprisonment of not more than 5 years or short-term custody.
A ringleader who riots to escape from prison or gathers armed individuals to raid a jail and other
active participants shall be sentenced to fixed-term imprisonment of not less than 10 years or life
imprisonment. If the circumstances are especially serious, the aforesaid offenders shall be sentenced
to death; and other participants shall be sentenced to fixed-term imprisonment of not less than 3
years but not more than 10 years.
Section 3 Crimes of Obstructing National Border (Frontier) Administration
Article 318 Whoever organizes other persons to unlawfully cross the national border (frontier) shall
be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, and
concurrently, a fine. If there is any of the following circumstances, the offender shall be sentenced to
fixed-term imprisonment of not less than 7 years or life imprisonment, and concurrently, a fine or
confiscation of property:
(1) being the ringleader of a group that organizes unlawful crossing of the national border (frontier);
(2) organizing several times other persons to unlawfully cross the national border (frontier), or
organizing a large number of persons to do so;
(3) causing serious injuries to or the death of the persons organized to unlawfully cross the national
border (frontier);
(4) depriving the persons organized to unlawfully cross the national border (frontier) of personal
freedom or restricting their personal freedom;
(5) resisting inspection by means of violence or threat;
(6) the amount of illegal gains being large; or
(7) other especially serious circumstances.
Whoever commits a crime as prescribed in the preceding paragraph, and kills, injures, rapes,
abducts or traffics in, or commits any other crime against any of the persons organized to unlawfully
cross the national border (frontier), or kills, injures, or commits any other crime against an
inspector, shall be punished in accordance with the provisions on combining punishments for
multiple crimes.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm
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