3.16.2009

Chapter II Crimes of Endangering Public Security

Chapter II Crimes of Endangering Public Security

Article 114.
Whoever commits arson, breaches dikes, causes explosions, spreads pathogen of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to endanger public security, but causes no serious consequences, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years- [As amended on 29 December 2001]

[Preceding formulation: Whoever endangers public security by setting fires,breaching dikes, causing explosions, administering poison; or employing other dangerous means to sabotage factories, mines, oilfields, seaports, rivers, water sources, warehouses, dwellings, forests, farms, threshing grounds, ranches, important pipelines, public buildings, and other public and private property is to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment in cases where serious consequences have not been caused.]

Article 115.
Whoever commits arson, breaches dikes, causes explosions, spreads pathogens of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to have inflicted any serious injury or death on people or caused heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death [As amended on 29 December 2001]

[Preceding formulation of paragraph 1: Whoever sets fire, breaches dikes, causes explosions, and spreads poison; employs other dangerous means that lead to serious injuries or death; or causes public or private property major losses is to be sentenced to not less than 10 years of fixed-term imprisonment, life imprisonment, or death]

Whoever commits the crimes in the preceding paragraph negligently is to be sentenced to not less than three years to not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term imprisonment, or criminal detention, when circumstances are relatively minor.

Article 116. Whoever sabotages trains, motor vehicles, streetcars, ships, or airplanes in a manner sufficient to threaten the overturning or destruction of these trains, motor vehicles, streetcars, ships, or airplanes is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment, in cases when serious consequences have not been caused.

Article 117. Whoever sabotages railroads, bridges, tunnels, highways, airports, waterways, lighthouses or signs, or conducts other destructive activities in a manner sufficient to threaten the overturning or destruction of trains, motor vehicles, streets, ships or airplanes, is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment in cases where serious consequences have not been caused.

Article 118. Whoever endangers public security by sabotaging electric power, gas or other combustible or explosive equipment is to be sentenced to not less than three years and not more than ten yeas of fixed-term imprisonment in cases where serious consequences have not been caused.

Article 119. Whoever causes serious consequences by sabotaging means of transportation, transportation equipment, electric power or gas equipment, or combustible or explosive equipment is to be sentenced to not less than ten years of fixed-term imprisonment, life imprisonment, or death.

Whoever commits the crime in the preceding paragraph negligently is to be sentenced to not less than three years but not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term imprisonment, or criminal detention if circumstances are relatively minor.

Article 120.
Whoever forms, leads or actively participates in a terrorist organization shall be sentenced to fixed-term imprisonment of no less than ten years or life imprisonment; the active participants shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years; other participants shall be sentenced to fixed-term imprisonment of no more than three years, criminal detention, public surveillance, or be deprived of political rights. [As amended on 29 December 2001]

[Preceding formulation of paragraph 1: Whoever organizes, leads, and actively participates in a terrorist organization is to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment; other participants are to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control.]

Whoever commits the crime in the preceding paragraph and also commits murder, explosion, or kidnapping is to be punished according to the regulations for punishing multiple crimes.

Article 120 (bis) Any individual who provides funds to a terrorist organization or commits terrorist activities shall be sentenced to fixed-term imprisonment of no more than five years, criminal detention, public surveillance, or be deprived of political rights and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of no less than five years, and shall also be fined or be sentenced to confiscation of property.

Where an entity commits the crime as mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions in the preceding paragraph.[Added on 29 December 2001]


Article 121. Whoever hijacks an airplane through violence, coercion, or other means is to be sentenced to not less than 10 years of fixed-term imprisonment or life imprisonment; or death if the hijacking causes serious injuries, death, or serious destruction of the airplane.

Article 122. Whoever hijacks a ship or motor vehicle through violence, coercion, or other means is to be sentenced to not less than five years but not more than 10 years of fixed-termed imprisonment; or not less than 10 years of fixed-term imprisonment, of life imprisonment, if the hijacking causes serious consequences.

Article 123. Whoever uses violence on personnel on an in-flight airplane and endangers flying safety is to be sentenced to not more than five years of fixed-termed imprisonment or criminal detention in case no serious consequences have been caused; or not less than five years of fixed-term imprisonment if serious consequences have been caused.

Article 124. Whoever sabotages radio and television broadcasting facilities, public telecommunications facilities, and endangers public safety is to be sentenced to not less than three years but not more than seven years of fixed-term imprisonment; or not less than seven years of fixed-term imprisonment if serious consequences have been caused.

Whoever commits the crime in the preceding paragraph negligently is to be sentenced to not more than seven years of fixed-term imprisonment; or not more than three years of fixed-term imprisonment or criminal detention in case the circumstances are relatively minor.

Article 125. Whoever illegally manufactures, trades, transports, mails, or stocks up guns, ammunition, or explosives is to be sentenced to not less than three years but not more than 10 years of fixed-termed imprisonment; or not less than 10 years of imprisonment, life imprisonment, or death if the consequences are serious.

Whoever illegally manufactures, trades, transports or stores pathogens of infectious diseases, poisonous or radioactive substances or other substances, thereby endangering public security, shall be punished in accordance with the provisions in the preceding paragraph. [As amended on 29 December 2001]

[Preceding formulation: Whoever illegally trades or transports nuclear materials is to be punished according to stipulations in the preceding paragraph. If a unit commits the crime in the preceding two paragraphs, the unit will be fined, and its direct person in charge and other persons in charge are to be punished according to the regulations in the first paragraph.]

Article 126. Any enterprises which are legally designated or determined to manufacture or sell guns, violate the regulations governing gun management by performing one of the following acts, the units are to be fined and personnel who are in charge and directly responsible together with other personnel who are directly responsible are to be sentenced to not more than five years of fixed-term imprisonment; when the consequences are serious, to not less than five years and not more than ten years of fixed-term imprisonment ; when the consequences are particularly serious, to not less than 10 years of fixed- term imprisonment or life imprisonment:

(1) for the purpose of illegal sale, manufacture or allocation guns whose numbers exceed quotas or whose varieties do not meet the regulations;
(2) for the purpose of illegal sale, manufacture guns without a number, or with an overlapped number, or with a fake number;
(3) illegally sell guns or sell guns manufactured for export inside the territory .

Article 127.
Whoever steals or forcibly seizes any gun, ammunition or explosive, or steals or forcibly seizes pathogens of infectious diseases, poisonous or radioactive substances or other substances, thereby endangering public security, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death.

Whoever robs any gun, ammunition or explosive, or robs pathogens of infectious diseases, poisonous or radioactive substances or other substances, thereby endangering public security, or steals or forcibly seizes any gun, ammunition or explosive from State organs, members of the armed forces, the police or the people’s militia, shall be sentenced to fixed-term imprisonment of no less than ten years, life imprisonment or death.[As amended on 29 December 2001]

[Preceding formulation: Whoever steals, seizes guns, ammunition, and explosive articles is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment; when the circumstances are serious, to not less than ten years of fixed-term imprisonment, life imprisonment, or death penalty.
Whoever steals guns, ammunition, explosive articles, or steals, seizes guns, ammunition, explosive articles from the state’s organs, military and police personnel, people’s militia is to be sentenced to not less than ten years of fixed-term imprisonment, life imprisonment, or death penalty.]


Article 128. Whoever violates the regulations governing gun management by owning or unlawfully possessing, guns and ammunition is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control; when the circumstances are serious, to not less than three years and not more than seven years of fixed-term imprisonment.

Any personnel who are provided with official-use guns who illegally lease or lend the guns are to be punished in accordance with the previous paragraph.

Any personnel who are provided with official-use guns who illegally lease or lend the guns, thereby causing serious consequences are to be punished in accordance with the first paragraph.

Any units committing such crimes as stated in the second and third paragraph, are to be fined and personnel who are in charge and directly responsible are to be punished in accordance with the regulation of the first paragraph.

Article 129. Any personnel who are provided with official-use guns who lose the guns without reporting the loss in a timely fashion, thereby causing serious consequences are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention.

Article 130. Whoever illegally carries guns, ammunition, controlled knives and tools, articles of an explosive, combustible, radioactive, poisonous or corrosive nature into a public place or public transportation vehicle, thereby endangering public safety, is to be sentenced, when the circumstances are serious, to not more than three years of fixed-term imprisonment, detention, or control when the circumstances are serious.

Article 131. Any aviation personnel who violate the rules and regulations thereby causing major air accidents and serious consequences are to be sentenced to not more than three years of fixed-term imprisonment or detention; when causing the crash of an airplane or the death of personnel are to be sentenced to not less than three years and not more than seven years of fixed-term imprisonment.

Article 132. Any railway staff and workers who violate the rules and regulations thereby giving rise to accidents affecting the safety of railway operation are to be sentenced to not less than three years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, to not less than three years and not more than seven years of fixed-term imprisonment.

Article 133. Whoever violates traffic and transportation laws and regulations thereby giving rise to major accidents involving severe injuries, deaths, or great losses of public and private properties are to be sentenced to not more than three years of fixed-term imprisonment; when fleeing the scene after an traffic and transportation accident or under other particularly odious circumstances, to not less than three years and not more than seven years of fixed-term imprisonment; when running away causes a person’s death, to not less than seven years of fixed-term imprisonment.

Article 134.
Where anyone violates the provisions concerning the safety management in production or operations and thus causes any serious casualty or any other serious consequences, he shall be sentenced to fix-term imprisonment of not more than three years or detention. If the circumstances are extremely severe, he shall be sentenced to fix-term imprisonment of not less than 3 years but not more than 7 years.

Where anyone forces any other person to conduct risky operations by violating the relevant provisions so that any serious casualty or any other serious consequence is caused, he shall be sentenced to fix-term imprisonment of not more than five years or detention. If the circumstances are extremely severe, he shall be sentenced to fix-term imprisonment of five years or more. [As amended on 29 June 2006]

[Preceding formulation: The staff and workers of factories, mines, forestry centers, construction enterprises or other enterprises and institutions who do not submit to management and violate the rules and regulations or force workers to work in a risky way in violation of the rules, thereby giving rise to major accidents involving injury or death and causing other serious consequences, are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the circumstances are particularly odious, to not less than three years and not more than seven years of fixed-term imprisonment.]

Article 135.
Where the facilities or conditions for safe work fail to meet the relevant provisions of the state so that any serious casualty or any other serious consequence is caused, the persons-in-charge who are held to be directly responsible and other directly liable persons shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are particularly severe, he shall be sentenced to fix-term imprisonment of not less than three years but not more than seven years [As amended on 29 June 2006]

[Preceding formulation: Any factories, mines, forestry centers, construction enterprises or other enterprises and institutions that have labor safety facilities failing to conform with the state’s regulations and do not take measures to prevent hidden dangers after a request was made by relevant departments or the units’ staff and workers, thereby giving rise to major accidents involving injury or death or other serious consequences, personnel who are directly responsible are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the circumstances are particularly odious, the sentence is to be not less than three years and not more than seven years of fixed-term imprisonment.]

Article 135 (bis) Where, any of the provisions concerning safety management is violated in the holding of large-scale activities of the masses so that any serious casualty or any other serious consequence is caused, the persons-in-charge who are held to be directly responsible and other directly liable persons shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are particularly severe, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. [Added on 29 June 2006]

Article 136. Whoever violates the regulations on the control of articles of an explosive; combustible, radioactive, poisonous or corrosive nature, thereby giving rise to a major accident in the course of production, storage, transportation or use and causing serious consequences, is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than three years and not more than seven years of fixed-term imprisonment.

Article 137. When construction, design, working, and engineering supervision units violate the state’s regulations by reducing the quality standard of the projects, thereby giving rise to a major safety accident, those who are directly responsible are to be sentenced to not more than five years of fixed-term imprisonment or criminal detention, in addition to fine; when the consequences are particularly serious, the sentence is to be not less than five years and not more than ten years of fixed-term imprisonment, in addition to fine.

Article 138. When school buildings or educational and teaching facilities are obviously known to be dangerous but measures are not taken or reports are not made in a timely fashion, thereby giving rise to a major accident, those who are directly responsible are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than three years and not more than seven years of fixed-term imprisonment.

Article 139. When rules of fire prevention and control are violated and the notification, given by a supervision organ of fire prevention and control, to take corrective measures are refused, thereby giving rise to severe consequences, those who are directly responsible are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than three years and not more than seven years of fixed-term imprisonment.

Article 139 (bis) Where, after any safety accident occurs, the person who is obliged to report it fails to report it or makes a false report so that the rescue of the accident is affected and if the circumstances are severe, he shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are extremely severe, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. [Added on 29 June 2006]


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