2024/9/2 凌晨12:26
Criminal Law of the People's Republic of China
Article 438 A serviceperson who steals or forcibly seizes weapons, equipment, or military supplies
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, life imprisonment, or
death.
A serviceperson who steals or forcibly seizes guns, ammunition or explosives shall be punished in
accordance with the provisions in Article 127 of this Law.
Article 439 A serviceperson who, unlawfully, sells or otherwise transfers weapons or equipment of
the military shall be sentenced to fixed-term imprisonment of not less than 3 years but not more
than 10 years. If the offender, unlawfully, sells or otherwise transfers, weapons or equipment in a
large quantity, or if there are other especially serious circumstances, he shall be sentenced to fixedterm imprisonment of not less than 10 years, life imprisonment, or death.
Article 440 A serviceperson who, disobeying an order, abandons weapons or equipment shall be
sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the
offender abandons weapons or equipment of importance or in a large quantity, or if there are other
serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 441 A serviceperson who loses weapons or equipment but fails to report it immediately, or if
there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more
than 3 years or short-term custody.
Article 442 Where a military real estate is sold or otherwise transferred without authorization in
violation of the relevant regulations, if the circumstances are serious, the directly
responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or
short-term custody. If the circumstances are especially serious, the directly responsible persons shall
be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.
Article 443 A serviceperson who abuses his office and maltreats his subordinates, if
the circumstances are grave, thereby causing serious injury to a subordinate or causing other serious
consequences, shall be sentenced to fixed-term imprisonment of not more than 5 years or shortterm custody. If the death of a subordinate is caused, the offender shall be sentenced to fixed-term
imprisonment of not less than 5 years.
Article 444 Where a wounded or sick serviceperson is deliberately abandoned on a battlefield, if the
circumstances are grave, the directly responsible persons shall be sentenced to fixed-term
imprisonment of not more than 5 years.
Article 445 A serviceperson who has the duty to save or treat servicepersons in wartime but refuses
to save a critically wounded or sick serviceperson when it is possible shall be sentenced to fixed-term
imprisonment of not more than 5 years or short-term custody. If serious disability or death is caused
to the wounded or sick serviceperson, or there are other serious circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_15.htm
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