2024/9/2 凌晨12:26
Criminal Law of the People's Republic of China
Article 408 A functionary of a state organ who, with the duty of supervision and administration of
environmental protection, is seriously remiss in his duty, which results in a serious environmental
pollution accident and causes heavy losses to public or private property or the serious consequence
of personal injury or death, shall be sentenced to fixed-term imprisonment of not more than 3 years
or short-term custody.
Article 408a A functionary of a state organ who, with the duty of food and drug safety supervision
and administration, abuses his office or neglects his duty under any of the following circumstances,
if serious consequences are caused or there are other serious circumstances, shall be sentenced to
fixed-term imprisonment of not more than 5 years or short-term custody. If especially serious
consequences are caused or there are other especially serious circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years:
(1) concealing, or knowingly making a false report of a food safety accident or drug safety accident;
(2) failing to investigate and punish serious violations related to food or drug safety that have
been discovered, as required in regulations;
(3) granting a license to an applicant whose application fails to meet the conditions in the process of
examination, review and approval of drugs or special foods;
(4) failing to refer a case which should be referred to the judicial organ to be investigated
for criminal liability; or
(5) any other act of abuse of the office or negligence of duty.
Whoever commits a crime as prescribed in the preceding paragraph for personal gains shall be given
a heavier punishment.
Article 409 A functionary of the administrative department of health with the duty of prevention
and treatment of infectious diseases who is seriously remiss in his duty and thereby causes the
spread of an infectious disease or an epidemic, if the circumstances are serious, shall be sentenced to
fixed-term imprisonment of not more than 3 years or short-term custody.
Article 410 A functionary of a state organ who, engaging in malpractices for personal gains
by abusing his office, acts in violation of the laws or regulations on land administration and
approves the expropriation, requisition or occupation of land, or transfers the right to use the stateowned land at an unreasonably low price, if the circumstances are serious, shall be sentenced to
fixed-term imprisonment of not more than 3 years or short-term custody. If extremely heavy losses
are caused to the interests of the state or the collective entity concerned, the offender shall be
sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Article 411 A customs officer who engages in malpractices and connives at smuggling for personal
gains, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more
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.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_14.htm
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