2024/9/2 凌晨12:24 Criminal Law of the People's Republic of China to the interests of the state, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. An employee of a state-owned public institution committing a crime as prescribed in the preceding paragraph, thereby causing heavy losses to the interests of the state, shall be punished in accordance with the provisions in the preceding paragraph. An employee of a state-owned company, enterprise or public institution practicing favoritism and irregularities and committing a crime as prescribed in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions in the first paragraph. Article 169 Where a person who is directly in charge of a state-owned company or enterprise, or a department superior to and in charge of such companies or enterprises practices favoritism and irregularities and converts state-owned assets to shares at a low price or sells the assets at a low price, thereby causing heavy losses to the interests of the state, he shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody. Where extremely heavy losses are caused to the interests of the state, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Article 169a Where a director of the board, supervisor or senior manager of a listed company, in violation of his fiduciary duty to the company, takes advantage of his office and manipulates the company to engage in any of the following acts, thereby causing heavy losses to the interests of the company, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine, or shall be sentenced to a fine only. Where extremely heavy losses are caused to the interests of the company, the offender shall be sentenced to fixedterm imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine: (1) providing funds, commodities, services or other assets for another entity or individual for free; (2) providing or accepting funds, commodities, services or other assets under obviously unfair conditions; (3) providing funds, commodities, services or other assets for an entity or individual that obviously does not have the ability of repayment; (4) providing a guaranty for an entity or individual that obviously does not have the ability of repayment, or providing a guaranty for an entity or individual without a justifiable reason; (5) waiving the creditor’s right or undertaking a debt without a justifiable reason; or (6) harming the interests of the listed company by any other means. Where a controlling shareholder or an actual controller of a listed company instructs a director of the board, supervisor, or senior manager of the listed company to commit an act as prescribed in the preceding paragraph, the controlling shareholder or actual controller shall be punished in accordance with the provisions in the preceding paragraph. en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_9.htm 5/6