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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
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Updated: 2020-12-26
Chapter Ⅸ Crimes of Dereliction of Duty
Article 397 A functionary of a state organ who abuses his office or neglects his duty, thereby causing
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heavy losses to public property or to the interests of the state and the people, shall be sentenced to
fixed-term imprisonment of not more than 3 years or short-term custody. If the circumstances are
especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than
3 years but not more than 7 years. Where it is provided otherwise in other provisions of this Law,
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such provisions shall prevail.
A functionary of a state organ who engages in malpractice for personal gains and commits a crime as
prescribed in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more
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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. Where it
is provided otherwise in other provisions of this Law, such provisions shall prevail.
Article 398 A functionary of a state organ who, in violation of the provisions of the Law on Guarding
State Secrets, intentionally or negligently leaks state secrets, if the circumstances are serious, shall
be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. If the
circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of
not less than 3 years but not more than 7 years.
Any person other than a functionary of a state organ who commits a crime as prescribed in the
preceding paragraph shall be punished as appropriate in accordance with the provisions in the
preceding paragraph.
Article 399 A judicial officer who, bending the law for personal gains or twisting the law for a favor,
subjects a person known to be innocent to prosecution, or intentionally shields a person known to be
guilty from prosecution, or intentionally delivers a judgment or an order against the facts or the law
in criminal proceedings, 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
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