2024/9/2 凌晨12:25
Criminal Law of the People's Republic of China
accordance with the provisions in the preceding paragraph.
Article 189 An employee of a bank or any other financial institution who, in dealing
with instruments, accepts, pays for, or provides a guarantee for negotiable instruments which do not
conform to the provisions in the Law on Negotiable Instruments, thereby causing heavy losses, shall
be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. Where
extremely heavy losses are caused, the offender shall be sentenced to fixed-term imprisonment of
not less than 5 years.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the
directly responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the preceding paragraph.
Article 190 A company, an enterprise, or any other entity that, in violation of the relevant state
regulations, deposits foreign exchange overseas without authorization, or illegally transfers foreign
exchange overseas, where the amount involved is relatively large, shall be fined not less than
5 percent but not more than 30 percent of the amount of the evaded foreign exchange, and the
directly responsible persons in charge and other directly responsible persons shall be sentenced to
fixed-term imprisonment of not more than 5 years or short-term custody. Where the amount is large
or there are other serious circumstances, the entity shall be fined not less than 5 percent but not
more than 30 percent of the amount of the evaded foreign exchange, and the directly responsible
persons in charge and other directly responsible persons shall be sentenced to fixed-term
imprisonment of not less than 5 years.
Article 191 Where a person commits any of the following acts to cover up or conceal the source or
nature of the gains, as well as the proceeds derived therefrom, of drug-related crime, organized
crime of a gang nature, crime of terrorism, crime of smuggling, crime of corruption or bribery, crime
of undermining the order of financial management, or crime of financial fraud, the aforesaid
criminal gains and proceeds derived therefrom shall be confiscated and in the meantime, the
offender shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term
custody, and concurrently, a fine, or shall be sentenced to a fine only. Where 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, and concurrently, a fine:
(1) providing bank accounts;
(2) converting property into cash, negotiable instruments, or securities;
(3) transferring funds by remittance or in any other manner of payment and settlement;
(4) transferring assets across the border; or
(5) covering up or concealing, by any other means, the source and nature of criminal gains and
proceeds.
An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the
directly responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the preceding paragraph.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_10.htm
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