2024/9/2 凌晨12:26
Criminal Law of the People's Republic of China
Article 446 A serviceperson who cruelly injures innocent residents or plunders their property in an
area of military operation in wartime shall be sentenced to fixed-term imprisonment of not more
than 5 years. 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.
Article 447 A serviceperson who sets free a prisoner of war without authorization shall be sentenced
to fixed-term imprisonment of not more than 5 years. If the offender, without authorization, sets
free an important prisoner of war or several prisoners of war, or there are other serious
circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years.
Article 448 A serviceperson who maltreats a prisoner of war, if the circumstances are grave, shall be
sentenced to fixed-term imprisonment of not more than 3 years.
Article 449 In wartime, a convicted serviceperson sentenced to fixed-term imprisonment of not
more than 3 years and granted probation on the ground that he poses no tangible danger is allowed
to redeem himself by meritorious performance. If the serviceperson indeed performs such services,
his original criminal punishment may be rescinded and he shall not be considered as having
committed the crime.
Article 450 This Chapter applies to officers, non-ranking officers, and enlisted personnel in active
service, and military cadets of the Chinese People’s Liberation Army; officers, non-ranking officers,
and enlisted personnel in active service, and military cadets of the Chinese People’s Armed Police; as
well as civilian staff, and the reservists and other persons who perform military tasks.
Article 451 “Wartime” as mentioned in this Chapter refers to the time after the state declares the
state of war, after the military receive missions of military operations, or when an enemy launches a
surprise attack.
The time when the military execute martial-law missions or cope with an emergency of violence
shall be regarded as wartime.
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