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10.25.2010

article 151 - draft amendment

Article 151. (Smuggling arms, ammunitions, nuclear materials, counterfeit currency, cultural relicts, precious metals, rare animals, rare plants and their products) Whoever smuggles arms, ammunitions, nuclear materials, or counterfeit currency shall be sentenced to imprisonment of over seven years, with a fine or forfeiture of property; if circumstances are particularly serious, they are to receive a life sentence or the death penalty; if circumstances are relatively minor he is to be sentenced to no less than three years and no more than seven years fixed-term imprisonment and a concurring fine.

Whoever smuggles out of the country prohibited cultural relics, or rare animals and their products that are probihited by the state from being imported or exported, or those smuggling gold, silver, and other precious metals shall be sentenced to more than five and less than ten years fixed-term imprisonment and a concurring fine; if circumstances are particularly serious, he shall be sentenced to more than ten years fixed-term imprisonment or receive a live sentence, with a fine of forteiture of property; if circumstances are relatively minor he shall be sentenced to no more than five years fixed-term imprisonment and a fine.

Whoever smuggles rare plants or their products or any other goods or articles that are prohibited by the state from being imported or exported shall be sentenced to no more than five years fixed-term imprisonment or criminal detention, and or a fin; if the circumstances are serious, he shall be sentenced to not less than five years fixed-term imprisonment and be fined.

Units violating provisions under this article shall be fined, with personnel directly in charge and other directly responsible personnel being punished under the respective paragraphs of this article.

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