Annotated Republic of China Laws/Criminal Code of the Republic of China

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Criminal Code of the Republic of China
Republic of China Law from Mainland Era to Taiwan

Contents

History[edit]

[1]

  1. 387 clauses established and published on march 10, 1928 and promulgated on September 1, 1928.
    357 clauses amended and published on January 1, 1935 and promulgated on July 1, 1935
  2. Amendment to Article 5 promulgated on November 7, 1948
  3. Amendment to Article 77 promulgated on July 21, 1954
  4. Amendment to Article 160, provision 1 promulgated on October 23, 1954
  5. Amendment to Article 235 promulgated on December 26, 1969
  6. Amendment to Article 100 promulgated on May 16, 1992
  7. Amendment to Articles 77~79 and addition of Article 79-1 promulgated on January 28, 1994
  8. Amendment to Articles 220,315,323,352 and addition of Articles 318-1, 318-2, 339-1~339-3 promulgated on October 8, 1997
  9. Amendment to Articles 77, 79, 79-1 promulgated on November 26, 1997
  10. Amendment to Articles 340, 343 promulgated on February 3, 1999
  11. Amendment to Articles 10, 77, 221, 222, 224~236, 240, 241, 243, 298, 300, 319, 332, 334, 348 and the name of Chapter 16; addition of Articles 91-1, 185-1~185-4, 186-1, 187-1~187-3, 189-1, 189-2, 190-1, 191-1, 224-1, 226-1, 227-1, 229-1, 231-1, 296-1, 315-1~315-3 and Chapter 16-1; deletion of Article 223 promulgated on April 21, 1999
  12. Amendment to Article 41 January 10, 2001
  13. Amendment to Articles 204, 205 and addition of 201-1 promulgated on June 20, 2001
  14. Amendment to Article 131 promulgated on November 7, 2001
  15. Amendment to Articles 328, 330~332, 347, 348 and addition of Articles 334-1, 348-1 promulgated on January 30, 2002
  16. Amendment to Articles 323, 352; addition of Articles 358~363 and the name of Chapter 36 promulgated on June 25, 2003
  17. Amendment to Articles of 1~3,5 10, 11, 15, 16, 19, 25~27, 28~31, 33~38, 40~42, 46, 47, 49, 51, 55, 57~59, 61~65, 67, 68, 74~80, 83~90, 91-1, 93, 96, 98, 99, 157, 182, 220, 222, 225, 229-1, 231, 231-1, 296-1, 297, 315-1, 315-2, 316, 341, 343 and the name of Chapter 4; addition of Articles 40-1, 75-1; deletion of Articles 56, 81, 94, 97, 267, 322, 327, 331, 340, 345, 350 on February 2, 2005 promulgated on July 1, 2006
  18. Amendment to Articles 333, 334 promulgated on May 17, 2006
  19. Amendment to Article 146 promulgated on January 24, 2007
  20. Amendment to Article 185-3 promulgated on January 2, 2008
  21. Amendment to Article 41 on January 21, 2009 promulgated on September 1, 2009
  22. Amendment to Articles 42, 44, 74~75-1 and addition of Article 42-1 on September 1, 2009; Article 42 promulgated on June 10, 2009; Article 42-1, 44, 74~75-1 promulgated on September 1, 2009
  23. Amendment to Articles 41, 42-1 promulgated on December 30, 2009
  24. Amendment to Article 295 and addition of Article 294-1 promulgated on January 27, 2010
  25. Amendment to Article 321 promulgated on January 26, 2011
  26. Amendment to Article 185-3 promulgated on November 30, 2011
  27. Amendment to Article 286 promulgated on December 5, 2012
  28. Amendment to Article 50 promulgated on January 23, 2013
  29. Amendment to Article 185-3,185-4 promulgated on June 11, 2013
  30. Amendment to Article 315-1 promulgated on January 15, 2014
  31. Amendment to Articles 251, 285, 339~339-3, 341~344, 347, 349 and addition of Articles 339-4, 344-1 promulgated on June 18, 2014
  32. Amendments to Article 37-1, Article 37-2, title of Chapter 5-1, Article 38-1 to Article 38-3, Article 40-2, and title of Chapter 5-2; deletion of Article 34, Article 39, Article 40-1, Article 45, and Article 46; amendments to Article 2, Article 11, Article 36, Article 38, Article 40, Article 51, Article 74, and Article 84 promulgated on December 30, 2015.
  33. Amendment to Article 38-3 promulgated on June 22, 2016.
  34. Amendment to Article 5 promulgated on November 30, 2016.

Content[edit]

Unchanged articles are shown below.[2] Later amended articles are in separate pages.

Part 1 General Provisions[edit]

Chapter 1 Application of the Code[edit]

Article 1[edit]

(later amended)

Article 2[edit]

(later amended)

Article 3[edit]

(later amended)

Article 4[edit]

Where either the conduct or the result of an offense takes place within the territory of the Republic of China, the offense shall be considered as committed within the territory of the Republic of China.

Article 5[edit]

(later amended)

Article 6[edit]

This Code shall apply to any of the following offenses committed by a public official of the Republic of China outside the territory of the Republic of China:

  1. The offenses of malfeasance specified in Articles 121 to 123, 125, 126, 129, 131, 132, or 134.
  2. The offense of facilitating escape specified in Article 163.
  3. The offenses of forgery specified in Article 213.
  4. The offenses of embezzlement specified in Article 336,paragraph 1.

Article 7[edit]

This Code shall apply where any national of Republic of China commits an offense which is not specified in one of the two preceding articles but is punishable for not less than 3 years of imprisonment outside the territory of the Republic of China; unless the offense is not punishable by the law of the place where the offense is committed.

Article 8[edit]

The provisions of the preceding article shall apply mutatis mutandis to an alien who commits an offense outside the territory of the Republic of China against a national of the Republic of China.

Article 9[edit]

An offense is punishable under this Code despite that a finalized judgment has been rendered by a foreign tribunal;where the punishment has been entirely or partly executed in the foreign country, the execution of the punishment in the Republic of China may be entirely or partly remitted.

Article 10[edit]

(later amended)

Article 11[edit]

(later amended)

Chapter 2 Criminal Responsibility[edit]

Article 12[edit]

A conduct is not punishable unless committed intentionally or negligently.

A negligent conduct is punishable only if specifically so provided.

Article 13[edit]

A conduct is committed intentionally if the actor knowingly and intentionally causes the accomplishment of the elements of an offense.

A conduct is considered an intentional commission of an offense if the actor is aware that the act will accomplish the elements of the offense and if such accomplishment is not against his will.

Article 14[edit]

A conduct is committed negligently if the actor fails, although not intentionally, to exercise his duty of care that he should and could have exercised in the circumstances.

A conduct is considered to have been committed negligently if the actor is aware that his conduct would, but firmly believes it will not, accomplish the element of an offense.

Article 15[edit]

(later amended)

Article 16[edit]

(later amended)

Article 17[edit]

Increased punishment prescribed for a certain specified aggravated result of an offense shall not apply if the actor cannot be aware of the aggravated result of the offense.

Article 18[edit]

An offense committed by a person who is under fourteen years of age is not punishable.

Punishment may be reduced for an offense committed by a person more than the age of fourteen but under the age of eighteen

Punishment may be reduced for an offense committed by a person who was over the age of eighty.

Article 19[edit]

(later amended)

Article 20[edit]

Punishment may be reduced for an conduct committed by a person who is deaf and dumb.

Article 21[edit]

A conduct performed in accordance with law or order is not punishable.

A conduct performed by a public official in line of his duties or on orders of his superior is not punishable unless the official knows that such orders are against the law.

Article 22[edit]

A proper conduct performed in the course of due business is not punishable.

Article 23[edit]

A conduct performed by a person in defense of his own rights or the rights of another against immediate unlawful aggression thereof is not punishable. If the force of defense is excessive, punishment may be reduced or remitted.

Article 24[edit]

A conduct performed by a person to avert imminent danger, otherwise unavoidable to the life, body, freedom, or property of himself or of another is not punishable. If the measure of averting danger is excessive, punishment may be reduced or remitted.

The provisions of the preceding paragraph relating to averting danger to him do not apply to a person acting under an obligation resulting from his official or business duties.

Chapter 3 Attempt[edit]

Article 25[edit]

(later amended)

Article 26[edit]

(later amended)

Article 27[edit]

(later amended)

Chapter 4[edit]

The Chapter was originally named Joint Offenders. The 2005 amendment promulgated the name Principal Offenders and Joint Offenders.

Article 28[edit]

(later amended)

Article 29[edit]

(later amended)

Article 30[edit]

(later amended)

Article 31[edit]

(later amended)

Chapter 5 Punishment[edit]

Article 32[edit]

Punishments are divided into principal and accessory punishments.

Article 33[edit]

(later amended)

Article 34[edit]

(amended then deleted)

Article 35[edit]

(later amended)

Article 36[edit]

(later amended)

Article 37[edit]

(later amended)

Article 37-1[edit]

(later added)

Article 37-2[edit]

(later added)

Chapter 5-1[edit]

The Chapter did not originally exist. The 2015 amendment promulgated the name Confiscation.

Article 38[edit]

(later amended)

Article 38-1[edit]

(later added)

Article 38-2[edit]

(later added)

Article 38-3[edit]

(later added)

Article 39[edit]

(later deleted)

Article 40[edit]

(later amended)

Article 40-1[edit]

(later deleted)

Article 40-2[edit]

(later added)

Chapter 5-2[edit]

The Chapter did not originally exist. The 2015 amendment promulgated the name Replacement of penalty.

Article 41[edit]

(later amended)

Article 42[edit]

(later amended)

Article 42-1[edit]

(later added)

Article 43[edit]

A sentence to short-term imprisonment or a fine may be commuted to a reprimand when the motive for committing the offense is clearly excusable from the standpoint of public welfare or justice.

Article 44[edit]

(later amended)

Article 45[edit]

(amended then deleted)

Article 46[edit]

(amended then deleted)

Chapter 6 Recidivism[edit]

Article 47[edit]

(later amended)

Article 48[edit]

After the judgment has been finalized and an offender is found to be a recidivist, his punishment shall be increased in accordance with the provisions of the preceding article unless the fact is revealed after his sentence is fully served or his punishment is pardoned.

Article 49[edit]

(later amended)

Chapter 7 Combined Punishment for Several Offenses[edit]

Article 50[edit]

(later amended)

Article 51[edit]

(later amended)

Article 52[edit]

After the judgment of combined punishments for several offenses has been finalized, a separate decision shall be made for an offense committed before but discovered after the judgment

Article 53[edit]

When there exists two or more judgments, the punishments shall be fixed in accordance with the provisions of Article 51 on combining punishments for several offenses.

Article 54[edit]

After a judgment of combined punishments has been finalized, if any of these offenses is pardoned, the punishment for the remaining offenses shall be fixed in accordance with the provision of Article 51. When only one offense remains not pardoned, the punishment shall be executed as pronounced.

Article 55[edit]

(later amended)

Article 56[edit]

(amended then deleted)

Chapter 8 Sentencing[edit]

Article 57[edit]

(later amended)

Article 58[edit]

(later amended)

Article 59[edit]

(later amended)

Article 60[edit]

Mitigation of punishment may be made at discretion in accordance with the provisions of the preceding article notwithstanding that an increase or decrease of punishment has been made by law.

Article 61[edit]

(later amended)

Article 62[edit]

(later amended)

Article 63[edit]

(later amended)

Article 64[edit]

(later amended)

Article 65[edit]

(later amended)

Article 66[edit]

If a punishment of imprisonment, short-term imprisonment, or a fine is reduced, the punishment shall be reduced by an amount up to one half. If there is also a provision for remission of the punishment, the punishment may be reduced by an amount up to two-thirds.

Article 67[edit]

(later amended)

Article 68[edit]

(later amended)

Article 69[edit]

Increase or reduction of two or more principal punishments shall apply to each of the punishment.

Article 70[edit]

Increase or reduction of two or more punishments shall be done progressively.

Article 71[edit]

If a punishment is to be both increased and reduced, the increase shall precede the reduction.

If there are two or more reductions, reduction in the lesser degree shall precede reduction in the greater degree.

Article 72[edit]

A fractional part of a day or one New Taiwan dollar resulting from an increase or a reduction in punishment shall not be considered.

Article 73[edit]

The provisions concerning the reduction of punishments shall apply mutatis mutandis to discretionary reduction of punishments.

Chapter 9 Probation[edit]

Article 74[edit]

(later amended)

Article 75[edit]

(later amended)

Article 75-1[edit]

(added then amended)

Article 76[edit]

(later amended)

Chapter 10 Parole[edit]

Article 77[edit]

(later amended)

Article 78[edit]

(later amended)

Article 79[edit]

(later amended)

Article 79-1[edit]

(added then amended)

Chapter 11 Statute of Limitations[edit]

Article 80[edit]

(later amended)

Article 81[edit]

(later deleted)

Article 82[edit]

The period of limitation of prosecution shall be determined by the principal punishment notwithstanding that such punishment shall be increased or reduced by law.

Article 83[edit]

(later amended)

Article 84[edit]

(later amended)

Article 85[edit]

(later amended)

Chapter 12 Rehabilitative Measures[edit]

Article 86[edit]

(later amended)

Article 87[edit]

(later amended)

Article 88[edit]

(later amended)

Article 89[edit]

(later amended)

Article 90[edit]

(later amended)

Article 91[edit]

Any person committing offence referred to Article 285 of this Code may be ordered to a suitable establishment for compulsory treatment.
The compulsory treatment prescribed in the preceding paragraph shall be done before the execution of punishment, and the period of this treatment is covered to the criminal’s recovery.

Article 91-1[edit]

(later added)

Article 92[edit]

The measures prescribed in Articles 86 through 90 may, according to circumstances of the case, be replaced by protective measure.
The period for protective measure specified in the preceding paragraph shall not exceed three years. If in effective, it may be revoked at any time the original measure enforced.

Article 93[edit]

(later amended)

Article 94[edit]

(later deleted)

Article 95[edit]

Any alien receiving sentence more than imprisonment may, after execution or remission of punishment, be deported.

Article 96[edit]

(later amended)

Article 97[edit]

(later deleted)

Article 98[edit]

(later amended)

Article 99[edit]

(later amended)

Part 2 Specific Offenses[edit]

Chapter 1 Civil Disturbance[edit]

Article 100 (later amended)
Article 101 Any person with force committing an offense specified in paragraph 1 of the preceding article shall be sentenced to life imprisonment or imprisonment not less than seven years; a ringleader shall be sentenced to death or life imprisonment.
Any person preparing or conspiring to commit an offense specified in the preceding paragraph shall be sentenced to imprisonment of not less than one year but not more than seven years.
Article 102 Any person committing an offense specified in paragraph 2 of Article 100 or paragraph 2 of Article 101 and voluntarily turning himself in for trial shall have his punishment reduced or remitted.

Chapter 2 Treason[edit]

Article 103 Any person colluding with a foreign state or its agent with intent that such state or other state start war against the Republic of China shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 104 Any person colluding with a foreign state or its agent with intent to subject territory of the Republic of China to such state or other state shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit and offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 105 Any citizen of the Republic of China serving in the armed forces of an enemy or joining the enemy’s fight with arms against the Republic of China or against an ally of the Republic of China shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 106 Any person during a war with a foreign state or while the war is about to start aids the enemy or causes injury to the military interests of the Republic of China or an ally of the Republic of China shall be sentenced to life imprisonment or imprisonment not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than five years.
Article 107 Any person committing an offense specified in paragraph 1 of the preceding article under one of the following circumstances shall be sentenced to death or life imprisonment:
  1. Surrendering armed forces to an enemy or surrendering, destroying, damaging, or otherwise rendering useless the following: strategic point, naval base, military post, military vessel or aircraft, or another military place or structure; arms, ammunition, money, provisions or other war materials for the use of the military of the Republic of China; bridge, railway, vehicle, electric wire, electric machine, telegraph station, or another thing used for transportation.
  2. Recruiting for an enemy or inducing a person in the armed services to surrender to the enemy.
  3. Inciting a person in the armed services to neglect his duty, desert, mutiny, or commit a breach of discipline.
  4. Disclosing or delivering to the enemy a document, plan, information, or another thing of secret nature concerning a strategic point, naval base, military post, military vessel or aircraft, or military, naval, or aerial movement.
  5. Committing an act of espionage for an enemy or rendering aid to an enemy spy.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not less than three years but not more than ten years.
Article 108 Any person during the war with a foreign state or while the war is about to start failing to deliver military supplies which he has undertaken by contract to deliver or delivering supplies not in conformity with the terms of the contract shall be sentenced to imprisonment not less than one year but not more than seven years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
Any person negligently committing an offense specified in the preceding paragraph shall be sentenced to imprisonment not less than two years, short-term imprisonment, or a fine of not more than one thousand yuan.
Article 109 Any person disclosing or delivering a document, plan, information, or another thing of a secrete nature concerning the defense of the Republic of China shall be sentenced to imprisonment for not less than one year but not more than seven years.
Any person disclosing or delivering to a foreign state or to its agent a document, plan, information, or another thing specified in the preceding paragraph shall be sentenced to imprisonment not less than three years but not more than ten years.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Any person preparing or conspiring to commit an offense specified in paragraphs 1 and 2 shall be sentenced to imprisonment not more than two years.
Article 110 Any public official negligently disclosing or delivering to another a document, plan, information, or another thing specified in paragraph 1 of the preceding article, of which he has knowledge or possession because of his official position, shall be sentenced to imprisonment not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.
Article 111 Any person prying or gathering a document, plan, information or another thing specified in paragraph 1 of Article 109 shall be sentenced to imprisonment not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Any person preparing or conspiring to commit an offense specified in paragraph 1 shall be sentenced to imprisonment not more than one year.
Article 112 Any person who without authority enters a strategic point, naval base, military vessel, or another place or structure of military importance, or remains there, with purpose to pries or gather a document, plan, information, or another thing specified in paragraph 1 of Article 109 shall besentenced to imprisonment not more than one year.
Article 113 Any person who without authority makes a secret agreement with a foreign government or its agent shall be sentenced to life imprisonment or imprisonment not less than seven years if the making of such an agreement on the matter requires Government authorization.
Article 114 Any person entrusted by the Government with the duty of conducting business with a foreign government who betrays his trust and causes injury to the Republic of China shall be sentenced to life imprisonment or imprisonment not less than seven years.
Article 115 Any person who forges, alters, destroys, or conceals a document, plan, or another thing which is evidence of a right of the Republic of China to a foreign state shall be sentenced to imprisonment not less than five years but not more than twelve years.

Chapter 3 Offenses of Interference with Relations with Other States[edit]

Article 116 A person who commits an offense of intentionally causing bodily injury to, restraining the personal freedom of, or injuring the reputation of the head of a friendly state or the representative of a friendly state accredited to the Republic of China may have the punishment prescribed for such offense increased by one third.
Article 117 A person who during a state of war between foreign states violates the rules of neutrality established by the Government of the Republic of China shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three thousand yuan.
Article 118 A person who with purpose to insult a foreign state publicly destroys, damages, pulls down, or otherwise dishonors the national flag or emblem of such foreign state shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 119 Prosecution for an offense against reputation specified in Article 116 or for an offense specified in Article 118 may be instituted only upon the complaint of the government or the foreign state concerned.

Chapter 4 Offenses of Malfeasance in Office[edit]

Article 120 A public official who by neglecting his duties abandons the territory in his charge shall be sentenced to death, life-imprisonment or imprisonment for not less than ten years.
Article 121 A public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits for an official act shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
A benefit received through the commission of an offense specified in the preceding paragraph shall be confiscated; if the whole or a part of such a benefit cannot be confiscated, the value thereof shall be collected from the offender.
Article 122 A public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits for a breach of his official duties shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than seven thousand yuan may be imposed.
A breach of official duties shall be sentenced to life imprisonment or with imprisonment for not less than five years; in addition thereto, a fine not more than ten thousand yuan may be imposed.
A person who offers, promises, or gives a bribe or other improper benefits to a public official or an arbitrator for a breach of his official duties shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than three thousand yuan may be imposed, but, if such a person turns himself in for trial, his punishment may be reduced or remitted, and if such a person confesses during investigation or trial, his punishment may be reduced.
A benefit received through the commission of an offense specified in paragraph 1 or 2 shall be confiscated; if the whole or a part of such benefit cannot be confiscated, the value thereof shall be collected from the offender.
Article 123 A person who in anticipation of being a public official or an arbitrator demands, agrees to accept, or accepts a bribe or other improper benefits for an official act and performs such act after becoming a public official or arbitrator shall be subject to the punishment prescribed for a public official or an arbitrator who demands, agrees to accept, or accepts a bribe or other improper benefits.
Article 124 A public official vested with judicial functions or an arbitrator who renders an illegal decision or arbitral award shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 125 A public official charged with the duty of investigation or bringing offenders to justice who commits one of the following offenses shall be sentenced to imprisonment for not less than one year but not more than seven years:
  1. Abusing his authority in arresting or detaining a person.
  2. Using threat or violence with purpose to extract confession.
  3. Knowingly causing an innocent person to be prosecuted or punished or causing a guilty person not be prosecuted or punished.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or with imprisonment for not less than three but not more than ten years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 126 A public official charged with the custody, or conveyance of prisoners who commits an act of violence or cruelty to a prisoner shall be sentenced to imprisonment for no less than one year but not more than seven years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or with imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 127 A public official charged with execution of punishment illegally executes or omits to execute a punishment shall be sentenced to imprisonment for not more than five years.
A public official who negligently causes the execution of a punishment that should not have been executed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 128 A public official who adjudicates a suit which he knows he is not authorized to adjudicate shall be sentenced to imprisonment for not more than three years.
Article 129 A public official who collects taxes, duties, or other revenues that he knows he is not authorized to collect shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto a fine of not more than seven thousand yuan may be imposed.
A public official who retains in whole or in part any money or thing that he knows it to be his duty to pay or deliver shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 130 A public official who neglects his duties thereby causing a catastrophe shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 131 (later amended)
Article 132 A public official who discloses or gives away a document, plan, information, or another thing of a secret nature relating to matters other than national defense shall be sentenced to imprisonment for not more than three years.
A person who negligently commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a find of not more than three hundred yuan.
A person other than a public official who discloses or gives away a document, plan, information, or another thing specified in paragraph 1 which comes to his knowledge or possession because of his occupation or profession shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 133 A public official, employed in a postal or telegraphic office, who opens or conceals mail or telegraphic mater entrusted to him for transmission shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 134 A public official who takes advantage of his authority, opportunity, or means afforded by his official position to intentionally commit an offense not provided for in this Chapter shall be subject to the punishment prescribed for such offense by increasing it up to one half unless special provisions have been made for such punishment because of his status as a public official.

Chapter 5 Offenses of Obstructing an Officer In Discharge of Duties[edit]

Article 135 A person who employs threats or violence against a public official who is engaged in the performance of his duties shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who employs threats or violence with purpose to compel a public official to perform an act relating to his public duties, with purpose to obstruct the lawful performance of such public duties, or with purpose to cause such public officials to resign shall be subject to the same punishment.
If the commission of an offense specified in one of the two preceding paragraphs results in the death of a public official, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if it results in aggravated injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 136 A person who participates in an open assembly at which an offense specified in the preceding article is committed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan; a ringleader and a person who actually employs violence or threats shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the commission of the offense results in death or aggravated injury to the public official, a ringleader and a person who actually employs violence or threats shall be punished in accordance with the provisions of paragraph 3 of the preceding article.
Article 137 A person who by fraud or other illegal means procures an incorrect result in an examination held pursuant to the Examination Law shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 138 A person who destroys, damages, conceals, or renders useless a document, plan, or another thing which has been possessed by a public official by reason of his office or which has been officially entrusted by such official to a third person shall be sentenced to imprisonment for not more than five years.
Article 139 A person who damages, removes, disfigures, or renders ineffective a seal or notice affixed by a public official shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 140 A person who offers an insult to a public official during the legal discharge of his duties or publicly offers an insult with respect to the legal discharged of such duties shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
A person who publicly offers an insult to a public office shall be subject to the same punishment.
Article 141 A person who with purpose to insult a public official or a public office damages, removes, or disfigures a notice or proclamation posted in a public place shall be sentenced to short-term imprisonment or a fine of not more than one hundred yuan.

Chapter 6 Offenses of Interference with Voting[edit]

Article 142 A person who by threat, violence, or other illegal means interferes with another in the free exercises of his right to vote at a political election duly authorized by law or in the free exercise of his other voting right shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 143 A qualified voter who demands, agrees to accept, or accepts a bribe or other improper benefits for refraining from exercising his right to vote or for exercising such right in a particular manner shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
A benefit received through the commission of an offense specified in the preceding paragraph shall be confiscated; if the whole or a part of such benefit cannot be confiscated, the value thereof shall be collected from the offender.
Article 144 A person who promises, offers, or gives a bribe or other improper benefits to a qualified voter for refraining from exercising the right to vote or for exercising such right in a particular manner shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than seven thousand yuan may be imposed.
Article 145 A person who induces a qualified voter to refrain from exercising his right to vote or to exercise such right in a particular manner by offering an economic advantage or by threatening an economic disadvantage shall be sentenced to imprisonment for not more than three years.
Article 146 (later amended)
Article 147 A person who interferes with or creates a disturbance at an election shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 148 A person who pries the content of a secret ballot shall be sentenced to a fine of not more than three hundred yuan.

Chapter 7 Offenses of Interference with Public Order[edit]

Article 149 A person who participates in an open assembly with purpose to employs violence or threats and who does not disperse after having been ordered three times or more to do so by a competent public official shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan; a ringleader shall be sentenced to imprisonment for not more than three years.
Article 150 A person who participates in an open assembly at which violence or threats employed shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan; a ringleader and a person who actually employs violence or threats shall be sentenced to imprisonment for not less than six months but not more than five years.
Article 151 A person who endangers public safety by putting the public in fear of injury to life, body, or property shall be sentenced to imprisonment for not more than two years.
Article 152 A person who by violence, threats, or fraud interferes with or disturbs a lawful assembly shall punish with imprisonment for not less than two years.
Article 153 A person who by writing, picture, word of mouth, or other means publicly commits one of the following conducts shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.
  1. Inciting another to commit an offense
  2. Inciting another to violate the law or disobey a legal order
Article 154 A person who joins an organization formed with purpose of committing an offense shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan; a ringleader shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 155 A person who incites a person in the armed services to fail to execute his duty, commit a breach of discipline, desert, or mutiny shall be sentenced to imprisonment for not less than six months but not more than five years.
Article 156 A person who without authority recruits an armed force, distributes military supplies or leads an armed force shall be sentenced to imprisonment for not more than five years.
Article 157 (later amended)
Article 158 A person who poses as a public official and exercises functions and power as such shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who poses as a public official of a foreign state and exercises functions and powers as such shall be subject to the same punishment.
Article 159 A person who openly and without authority wears the uniform or badge or make use of the official title of a public official shall be sentenced to a fine of not more than 500 yuan.
Article 160 (later amended)

Chapter 8 Offenses of Escape[edit]

Article 161 A person, having been legally arrested or taken into custody, who escape shall be sentenced to imprisonment for not more than one year.
A person who commits an offense specified in the preceding paragraph by damaging a part of the place of confinement or an instrument by which he is confined or by means of violence or threats shall be sentenced to imprisonment for not more than five years.
A person who participates in an open assembly at which an offense specified in paragraph 1 is committed by threats or violence shall be sentenced to imprisonment for not less than three years but not more than ten years; a ringleader and any person who actually employs violence threats shall be sentenced to imprisonment for not less than five years.
An attempt to commit an offense specified in one of the three preceding paragraphs is punishable.
Article 162 A person who sets free or facilitates the escape of a person, having be legally arrested or taken into custody, shall be sentenced to imprisonment for not more than three years.
A person who commits an offense specified in the preceding paragraph by damaging a part of the place of confinement or an instrument, or by means of violence or threats shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who participates in an open assembly at which an offense specified in paragraph 1 is committed by threats or violence shall be sentenced to imprisonment for not less than five years but not more than twelve years; a ringleader and any person who actually employs violence threats shall be sentenced to life imprisonment, or imprisonment for not less than seven years.
An attempt to commit an offense specified in one of the three preceding paragraphs is punishable.
A spouse, relative by blood within the fifth degree of relationship, or relative by marriage within the third degree of relationship who commits the offense of facilitating escape specified in paragraph 1 may have his punishment reduced.
Article 163 A public official who sets free or facilitates the escape of any person under his custody shall be sentenced to imprisonment for not less than one year but not more than seven years.
A public official who negligently commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.

Chapter 9 Offenses of Concealment of Offenders and Destruction of Evidence[edit]

Article 164 A person who conceals or causes the concealment of an offender or a person who escapes from legal arrest or custody shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who with the intention to commit an offense specified in the preceding paragraph impersonates an offender shall be subject to the same punishment.
Article 165 A person who forges, alters, destroys, or conceals evidence in the criminal case of another or makes use of such forged or altered evidence shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 166 A person, having committed an offense specified in the preceding article, who confesses thereto before the judgment on the criminal case has become final, shall have his punishment reduced or remitted.
Article 167 A spouse, relative by blood within the fifth degree of relations, or relative by marriage within the third degree of relationship who commits an offense specified in Article 164 or 165 for the benefit of an offender or a person legally arrested or taken into custody who escape from custody shall have his punishment reduced or remitted.

Chapter 10 Offenses of Perjury and Malicious Accusation[edit]

Article 168 A witness, expert witness, or interpreter who at a trial before a public official vested with judicial functions or at an investigation before a prosecutor makes, before or after signing an affidavit, a false statement on a matter material to the case shall be sentenced to imprisonment for not more than seven years.
Article 169 A person with the intention to cause another to receive penal or disciplinary punishment falsely accuses him before a competent public official shall be sentenced to imprisonment for not more than seven years.
A person with the intention to cause another to receive penal or disciplinary punishment forges, alters or uses forged or altered evidence shall be subject to the same punishment.
Article 170 A person with the intention to incriminate his lineal blood ascendant commits an offense specified in the preceding article shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 171 A person who without naming a specific offender makes a malicious accusation before a competent public official shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who without naming a specific offender causes the institution of criminal proceedings by forging or altering evidence of an offense or by making use of such forged or altered evidence shall be subject to the same punishment.
Article 172 A person, having committed an offense specified in one of the articles, 168 through 171, who confesses thereto before judgment or disciplinary order has become final shall have his punishment reduced or remitted.

Chapter 11 Offenses Against Public Safety[edit]

Article 173 A person who sets fire to and destroys an occupied dwelling house or who sets fire to and destroys an occupied structure, mine, train, electric car, or a vehicle, vessel, or aircraft for public transport on water, on land, or in the air shall be sentenced to life imprisonment or imprisonment for not less than seven years.
A person who negligently sets fire to a thing specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 174 A person who sets fire to and destroys an unoccupied dwelling house belonging to another or who sets fire to and destroys an unoccupied structure, mine, train, electric car, or another vehicle, vessel, or aircraft for public transport on water, on land, or in the air which belongs to another shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who endangers public safety by setting fire to and destroying a thing belonging to him that is specified in the preceding paragraph shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who negligently sets fire to and destroys a thing specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan; a person who negligently endangers public safety by setting fire to and destroying a thing specified in paragraph 2 shall be subject to the same punishment.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 175 A person who endangers public safety by setting fire to and destroying a thing belonging to another not specified in the preceding two articles shall be sentenced to imprisonment for not less than one year but not more than seven years.
A person who endangers public safety by setting fire to and destroying a thing belonging to him not specified in the preceding two articles shall be sentenced to imprisonment of not more than three years.
A person who negligently endangers public safety by setting fire to and destroying a thing not specified in the preceding two articles shall be sentenced to short-term imprisonment or a fine of not more than three hundred yuan.
Article 176 A person who intentionally or negligently causes the destruction of a thing specified in one of the three preceding articles by means of gunpowder, steam, electricity, gas, or another explosive substance shall be punished mutatis mutandis in accordance with the provisions relating to fire caused intentionally or negligently.
Article 177 A person who endangers public safety by causing to escape or by obstructing the flow of steam, electricity, gas or another gaseous substance shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred yuan.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offese results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 178 A person who by flooding causes damage to an occupied dwelling house or who by flooding causes damage to an occupied structure, a mine, a train, or an electric car shall be sentenced to life imprisonment or imprisonment for not more than five years.
A person who negligently by flooding causes damage to a thing specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 179 A person who by flooding causes damage to an unoccupied dwelling house that belongs to another or who by flooding causes damage to an unoccupied structure or mine which belongs to another shall be sentenced to imprisonment for not less than one year but not more than seven years.
A person who by flooding endangers public safety by causing damage to a thing belonging to him specified in the preceding paragraph shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who negligently by flooding causes damage to a thing specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who negligently by flooding endangers public safety by causing damage to a thing specified in the preceding paragraph shall be subject to same punishment.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 180 A person who endangers public safety by flooding that causes damage to a thing belonging to another not specified in one of the preceding articles shall be sentenced to imprisonment for not more than five years.
A person who endangers public safety by flooding that causes damage to a thing belonging to him not specified in one of the two preceding articles shall be sentenced to imprisonment for not more than two years.
A person who negligently endangers public safety by flooding that causes damage to a thing not specified in one of the preceding articles shall be sentenced to short-term imprisonment or a fine of not more than three hundred yuan.
Article 181 A person who endangers public safety by breaking a dike, destroying a lock, or damaging a water reservoir shall be sentenced to imprisonment for not more than five years.
A person who negligently commits an offense specified in the preceding paragraph shall be sentenced to short-term imprisonment or a fine of not more than three hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 182 (later amended)
Article 183 A person who overturns or, damages an occupied train, electric car, or another vehicle, vessel, or aircraft for public transport on water, on land, or in the air shall be sentenced to life imprisonment or imprisonment for not less than five years.
A person who negligently commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who in the performance of his occupation commits an offense specified in paragraph 1 by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 184 A person who damages a railroad, lighthouse, or signal, or who uses other means to cause danger to the passage of a train, electric car, or another vehicle, vessel, or aircraft for public transport on water, on land, or in the air shall be sentenced to imprisonment for not less than three years but not more than ten years.
If the offense results in the overturning or destruction of the vehicle, vessel, or aircraft specified in the preceding paragraph, the offender shall be punished in accordance with the provisions of paragraph 1of the preceding article.
A person who negligently commits an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who in the performance of his occupation commits an offense specified in paragraph 1 by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 185 A person who obstructs or damages a road, waterway, bridge, or other means of general communication, or who uses other similar means to endanger the safety of public traffic shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred yuan.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense result in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 185-1 (later added)
Article 185-2 (later added)
Article 185-3 (later added)
Article 185-4 (later added)
Article 186 A person who without authorization and a good reason manufactures, sells, transports, or possesses dynamite, gun-cotton, fulminating mercury, or other similar explosive; or a gun, cannon, or ammunition for military use shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 186-1 (later added)
Article 187 A person who manufactures, sells, transports, or possesses dynamite, gun-cotton, fulminating mercury, or other similar explosive, or a gun, cannon, or ammunition for military used, with the intention that such a thing be used by himself or by another to commit an offense shall be sentenced to imprisonment for not more than five years.
Article 187-1 (later added)
Article 187-2 (later added)
Article 187-3 (later added)
Article 188 A person who interferes with the operation of railway, postal, telegraph, or telephone service or with the public supply of water, electricity, or gas shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 189 A person who damages a safety or life-saving device installed in a mine, factory, or similar establishment and thereby endangers the life of another shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who negligently commits an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who in the performance of his occupation commits an offense specified in paragraph 1 by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 189-1 (later added)
Article 189-2 (later added)
Article 190 A person who places poisonous or harmful substance sanitation in a water sources, waterway, or reservoir intended for the supply of water to the public shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years
A person who negligently commits the offense specified in paragraph 1 shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 190-1 (later added)
Article 191 A person who manufactures, sells, or offers for sale food, drink, or any other thing injurious to health shall be sentenced to imprisonment for not more than six months or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
Article 191-1 (later added)
Article 192 A person who violates a quarantine law or order concerning inspection or immigration promulgated for the prevention of contagious diseases shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.
A person who endangers public safety by exposing a corpse having infectious germs or who by other means spreads disease germs shall be subject to the same punishment.
Article 193 A contractor or an overseer who endangers public safety by violating an established rule of construction in erecting or demolishing a structure shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three thousand yuan.
Article 194 A person who during a time of public calamity endangers public safety by failing to deliver provisions or other necessities which he has contracted to deliver to a public official or charity organization or by delivering things not in conformity with the terms of a contract shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than three thousand yuan may be imposed.

Chapter 12 Offenses of Counterfeiting Currency[edit]

Article 195 A person who counterfeits or alters a currently used coin, paper currency, or banknote with the intention to circulate shall be sentenced to imprisonment for not less than five years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
An attempt to commit the offense specified in the preceding paragraph is punishable
Article 196 A person who circulate a counterfeit or altered coin, paper currency, or banknote or who collects it from or delivers it to another with the intention to circulate shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
A person who does not know that the coin, paper currency, of banknote he has possessed is counterfeit and after receiving it, circulate or with the intention to delivers it to another shall be sentenced to a fine of not more than five hundred yuan.
An attempt to commit the offense specified in paragraph 1 is punishable.
Article 197 A person who reduces the weight of a coin with the intention to circulate shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
An attempt to commit the offense provided in the proceeding paragraph is punishable.
Article 198 A person who circulate a coin of reduced weight or who collects it from or delivers it to another with the intention to circulate shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than one thousand yuan maybe imposed.
A person who knows the coin is of reduced weight after he receives it, still circulates or with the intention to circulate to delivers it to another shall be sentenced to a fine of not more than one hundred yuan.
An attempt to commit the offense specified in paragraph 1 is punishable.
Article 199 A person who manufactures, delivers, or receives an instrument or material with the intention that it be used to counterfeit or alter a currently used coin, paper currency, or banknote or that it be used to reduce the weight of a currently used coin shall be sentenced to imprisonment for not more than five year; in addition there, a fine of not more than one thousand yuan be imposed.
Article 200 A counterfeit or altered currently used coin, paper currency, or banknote, coin of reduced weight, or an instrument or material specified in the preceding article shall be confiscated whether or not it belongs to the offender.

Chapter 13 Offenses of Counterfeiting Securities[edit]

Article 201 A person who counterfeits or alters a government bond, stock certificate, or another security with the intention to circulate shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
A person who circulates a counterfeit or altered government bond, stock certificate, or another security or who collects it from or delivers it to another with the intention to circulate shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
Article 201-1 (later added)
Article 202 A person who counterfeited or alters a postal stamp or revenue stamp with the intention to circulate shall be sentenced to imprisonment for not less than six months but not more than five years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
A person who circulates a counterfeit or altered postal stamp or revenue stamp or who collects it from or delivers it to another with the intention to circulate shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
A person who removes the cancellation mark on a postal or revenue stamp with the intention to circulate shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or fine of not more than three hundred yuan; a person who puts it into circulation shall be subject to the same punishment.
Article 203 A person who counterfeits or alters a ticket issued to transport a passenger on a vessel, train, electric car, or any other similar ticket with the intention to circulate shall be sentenced to for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan; a person who puts it into circulation shall be subject to the same punishment.
Article 204 (later amended)
Article 205 (later amended)

Chapter 14 Offenses of Falsifying Weights and Measures[edit]

Article 206 A person who manufactures a weight or measure not in conformity with the legal standard or alters a weight or measure which is in conformity with the legal standard with purpose that it be used shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three yuan.
Article 207 A person who sells a weight or measure not in conformity with the legal standard with purpose that it be used shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 208 A person who uses a weight or measure not in conformity with the legal standard shall be fined not more than three hundred yuan.
A person who in the performance of his occupation commits the offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 209 A weight or measure not in conformity with the legal standard shall be confiscated whether or not it belongs to the offender.

Chapter 15 Offenses of Forging Instruments or Seals[edit]

Article 210 A person who forges or alters a private document and causes injury to the public or to another shall be sentenced to imprisonment for not more than five years.
Article 211 A person who forges or alters a public document and causes injury to the public or another shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 212 A person who forges or alters a passport, transportation ticket, exception permit, special permit; or a certificate, a letter of introduction, or the like concerning the character, capacity, service, or other qualification of a person and causes injury to the public or another shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 213 A public official who makes in a public document within his charge an entry which he knows to be false and causes injury to the public or another shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 214 A person who causes a public official to make in a public document an entry which such a person knows to be false and causes injury to the public or another shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 215 A person who makes in a document or certificate prepared in the course of his occupation an entry which he knows be to false and causes injury to the public or another shall be sentenced to imprisonment for not more than three years, short-term imprisonment or a fine of not more than five hundred yuan.
Article 216 A person who puts into circulation a document specified in one of the articles, 210 through 215, shall be punished in accordance with the provisions relating to forging or altering documents, to making a false entry, or to causing a false entry to be make.
Article 217 A person who forges a seal, the impression of a seal, or a signature and causes injury to the public or another shall be sentenced to imprisonment for not more than three years.
A person who uses without authority a seal, the impression of a seal, or a signature and causes injury to the public or another shall be subject to the same punishment.
Article 218 A person who forges a public seal or the impression of a public seal shall be sentenced to imprisonment for not more than five years.
A person who uses without authority a public seal or the impression of a public seal and causes injury to the public or another shall be subject the same punishment.
Article 219 A forget seal, impression of a seal, or a signature shall be confiscated whether or not it belongs to the offender.
Article 220 (later amended)

Chapter 16[edit]

The Chapter was originally named Offense against Morality. The April 1999 amendment promulgated the name Sexual Offenses.

Article 221 (later amended)
Article 222 (later amended)
Article 223 (later deleted)
Article 224 (later amended)
Article 224-1 (later added)
Article 225 (later amended)
Article 226 (later amended)
Article 226-1 (later added)
Article 227 (later amended)
Article 227-1 (later added)
Article 228 (later amended)
Article 229 (later amended)
Article 229-1 (later added)

Chapter 16-1[edit]

The Chapter did not originally exist. The April 1999 amendment promulgated the name Offense against Morality.

Article 230 (later amended)
Article 231 (later amended)
Article 231-1 (later added)
Article 232 (later amended)
Article 233 (later amended)
Article 234 (later amended)
Article 235 (later amended)
Article 236 (later amended)

Chapter 17 Offenses Against Marriage and Family[edit]

Article 237 A person who has a spouse and marries again or who marries two or more persons at the same time shall be sentenced to imprisonment for not more than five years; the other party to such marriage shall be subject to the same punishment.
Article 238 A person who by fraudulent means enters into a void or voidable marriage which is declared void or is annulled by final decision shall be sentenced to imprisonment for not more than three years.
Article 239 A married person who commits adultery with another shall be sentenced to imprisonment for not more than one year; the other party to the adultery shall be subject to the same punishment.
Article 240 (later amended)
Article 241 (later amended)
Article 242 A person who transports an abducted person specified in one of the two preceding articles beyond the territory of the Republic of China shall be sentenced to life imprisonment or imprisonment for not less than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 243 (later amended)
Article 244 A person who commits an offense specified in Article 240 or 241 and who returns the abducted person or reveals the location of such a person resulting in his recovery before a decision has been pronounced may have his punishment reduced.
Article 245 Prosecution for an offense specified in Articles 238 and 239 and paragraph 2 of Article 240 may be instituted only upon complaint.
A spouse who connives or forgives the offender of Article 239 has no right to complaint.

Chapter 18 Offenses Against Religion, Graves, and Corpses[edit]

Article 246 A person who publicly insults a shrine, temple, church, grave, or public memorial place shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who interferes with a funeral, burial, sacrifice, religious service, or worship shall be subject to the same punishment.
Article 247 A person who damages, abandons, insults or steals a corpse shall be sentenced to imprisonment for not less than six months but not more than five years.
A person who damages, abandons or steals the bone, hair, burial articles or cremated remains of a deceased person shall be sentenced to imprisonment for not more than five years.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 248 A person who digs out a grave shall be sentenced to imprisonment for not less than six months but not more than five years.

An attempt to commit an offense specified in the preceding paragraph is punishable.

Article 249 A person who digs out a grave and damages, abandons, insults, or steals the corpse shall be sentenced to imprisonment for not less than three years but not more than ten years.
A person who digs out a grave and damages, abandons, or steals the bones, hair, burial articles, or cremated remains of a decreased person shall be sentenced to imprisonment for not less than one year but not more than seven years.
Article 250 A person who commits an offense specified in one of the articles, 247 through 249, against his lineal blood ascendant shall be subject to the punishment prescribed for such offense by increasing it up to one half.

Chapter 19 Offenses Against Agriculture, Industry, and Commerce[edit]

Article 251 (later amended)
Article 252 A person who intends to cause damage to others impairs the agricultural irrigation works of another shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 253 A person who intends to defraud another counterfeits or imitates a registered trade mark or trade name shall be sentenced to imprisonment for not more than two years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than three thousand yuan may be imposed.
Article 254 A person who knowingly sells a thing having a counterfeit or imitated trademark or trade name, or intends to sell offers to sell or imports a thing having a counterfeit or imitated trademark or trade name shall be sentenced to a fine of not more than two thousand yuan.
Article 255 A person who intends to defraud another makes a false mark or indication on merchandise describing its country of origin or quality shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one thousand yuan.
A person who knowingly sells a thing specified in the preceding paragraph, or intends to sell offers to sell or imports a thing specially in the preceding paragraph shall be subject to the same punishment.

Chapter 20 Offenses Relating to Opium[edit]

Article 256 A person who manufactures opium shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
A person who manufactures morphine, cocaine, heroin, or one of their compounds shall be sentenced to life imprisonment or imprisonment for not less than five years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 257 A person who sells or transports opium shall be sentenced to imprisonment for not more than seven years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
A person who sells or transports morphine, cocaine, heroin, or one of their compounds shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
A person who imports substance specified in one of the two preceding paragraphs shall be sentenced to life imprisonment or imprisonment for not less than five years; in addition thereto, a fine of not more than ten thousand yuan may be imposed.
An attempt to commit an offense specified in one of the three preceding paragraphs is punishable.
Article 258 A person who manufactures, sells, or transports an instrument used exclusively for smoking or taking opium shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than five hundred yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 259 A person who with the intention of making a profit gives another a morphine injection or supplies a place for him to smoke or take opium or one of its compounds shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 260 A person who cultivates the poppy plant intent to be used to manufacture opium or morphine shall be sentenced to imprisonment for not more than five years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
A person who sells or transports poppy seeds for purpose that they be used to manufacture opium or morphine shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 261 A public official who uses his authority to compel another person to commit an offense specified in the preceding article shall be sentenced to death or life imprisonment.
Article 262 A person who smokes or takes opium, takes a morphine injection, or uses cocaine, heroin, or one of their compounds shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 263 A person who intends to commit an offense specified in this Chapter possesses opium, morphine, cocaine, heroin, or one of their compounds or an instrument used exclusively for smoking or taking opium shall be sentenced to short-term imprisonment or a fine of not more than five hundred yuan.
Article 264 A public official who harbors a person who commits an offense specified in this Chapter shall be subject to the punishment prescribed for such offense by increasing it up to one half.
Article 265 If an offense specified in this Chapter is committed, the opium, morphine, cocaine, heroin, the compound, the seeds, or an instrument used to exclusively for smoking or taking opium shall be confiscated whether or not it belongs to the offender.

Chapter 21 Offenses of Gambling[edit]

Article 266 A person who gambles in a public place or a place open to the public shall be sentenced to a fine of not more than one thousand yuan unless the item for which he gambles is one to provide temporary amusement.
Gambling apparatus at the site found at the gambling table or place for exchange of gambling tokens shall be confiscated whether or not it belongs to the offender.
Article 267 (later deleted)
Article 268 A person who intend to make a profit furnishes a place to gamble or assembles person to gamble shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
Article 269 A person who intent to make a profit operates a prize-giving savings business or issues lottery tickets without permission of the government shall be sentenced to imprisonment for not more than one year or short-term imprisonment; in addition thereto, a fine of not more than three thousand yuan may be imposed.
An agent who acts as an intermediary in a prize-giving savings business or in the sale of lottery tickets as specified in the preceding paragraph shall be sentenced to imprisonment for not more than six months or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
Article 270 A public official who harbors a person who commits an offense specified in this Chapter shall be subject to the punishment prescribed for such an offense by increasing it up to one half.

Chapter 22 Offenses of Homicide[edit]

Article 271 A person who takes the life of another shall be sentenced to death or life imprisonment or imprisonment for not less than ten years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than two years.
Article 272 A person who takes the life of his lineal blood ascendant shall be sentenced to death or life imprisonment.
An attempt to commit an offense specified in the preceding paragraph is punishable.
A person who prepares to commit an offense specified in paragraph 1 shall be sentenced to imprisonment for not more than three years.
Article 273 Any person who kills others on the scene by righteous indignation shall be sentenced to imprisonment for not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 274 A mother who causes the death of her child at the time of or immediately after its birth shall be sentenced to imprisonment for not less than six months but not more than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 275 A person who abet or assist another to commit suicide or who causes the death of another upon his request or with his consent shall be sentenced to imprisonment for not less than one year but not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
If two or more persons agree to die together and commit an offense specified in paragraph 1, the punishment may be remitted.
Article 276 A person who negligently causes the death of another shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two thousand yuan.
A person in the performance of his occupational duties or activities commits an offense specified in the preceding paragraph by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than five years or short-term imprisonment; in addition thereto, a fine of not more than three thousand yuan may be imposed.

Chapter 23 Offenses of Causing Injury[edit]

Article 277 A person who causes injury to another shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than one thousand yuan.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if serious physical injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 278 A person who causes serious physical injury to another shall be sentenced to imprisonment for not less than five years but not more than twelve years.
If death results from the commission of an offense specified in the preceding paragraph, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 279 A person who acted in the heat of passion caused by legally adequate provocation thereupon commits an offense specified in one of the two preceding articles shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan; if death results from the commission of such an offense, he shall be sentenced to imprisonment for not more than five years.
Article 280 A person who commits an offense specified in Article 277 or 278 against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 281 A person who commits an act of assault or battery against his lineal blood ascendant without causing him an injury shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 282 A person who abet or assist another to cause serious physical injury to himself or who causes serious physical injury to another upon his request or with his consent shall be sentenced to imprisonment for not less than three years; if death results from the commission of such offense, he shall be sentenced to imprisonment for not less than six months but not more than five years.
Article 283 A person who participates, in any way other than acting self-defense, in a fight or an attack involving a number of people which results in death or serious physical injury shall be sentenced to imprisonment for not more than three years; a person who actually causes such injury shall be punished in accordance with the provisions of articles relating to offenses of causing injury.
Article 284 A person who negligently causes injury to another shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than five hundred yuan; if serious physical injury results, he shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
A person in the performance of his occupational duties or activities causes injury to another by neglecting the degree of care required by such occupation shall be sentenced to imprisonment for not more than one year, short-term imprisonment or a fine of not more than one thousand yuan; if serious physical injury results, he shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than two thousand yuan.
Article 285 (later amended)
Article 286 (later amended)
Article 287 Prosecution for an offense specified in paragraph 1 of Article 277, Article 281, 284, or 285 may be instituted only upon complaint except the offense specified in paragraph 1 of Article 277 committed by a public official.

Chapter 24 Offenses of Abortion[edit]

Article 288 A pregnant woman who by taking drugs or by other means causes her abortion shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
A pregnant woman who permits another to cause her abortion shall be subject to same punishment.
If the commission of an offense specified in one of the two preceding paragraphs is necessary because of sickness or for averting danger to life, the punishment shall be remitted.
Article 289 A person who at the request or with the consent of a pregnant woman causes her abortion shall be sentenced to imprisonment for not more than two years.
If the commission of the offense results in the death of the woman, the offender shall be sentenced to imprisonment for not less than six months but not more than five years; if aggravated injury results, the offender shall be sentenced to imprisonment for not more than three years.
Article 290 A person who for purpose of gain commits an offense specified in paragraph 1 of the preceding article shall be sentenced to imprisonment for not less than six months but not more than five year; in addition thereto, a fine of not more than five hundred yuan may be imposed.
If the commission of the offense results in the death of the woman, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years; in addition thereto, a fine of not more than five hundred yuan may be imposed; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than five hundred yuan may be imposed.
Article 291 A person who without the request or consent of a pregnant woman causes her abortion shall be sentenced to imprisonment for not less than one year but not more than seven years.
If the commission of the offense results in the death of the woman, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 292 A person who by writing, drawing or other means publicly advertises a method or thing to be used for abortion or who offers the services of himself or of another for abortion shall be sentenced to imprisonment for not more than one year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.

Chapter 25 Offenses of Abandonment[edit]

Article 293 A person who abandons a helpless person shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
If the commission of the offense results in death, the offender shall be sentenced to imprisonment for not more than five years; if aggravated injury results, the offender shall be sentenced to imprisonment for not more than three years.
Article 294 If a person who by law, order, or contract has duty to support or protect a helpless person abandons him or does not give him support or protection necessary to preserve his life, the person shall be punished by imprisonment for not less than six months but not more than five years.
If the commission of the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
Article 294-1 (later added)
Article 295 (later amended)

Chapter 26 Offenses Against Freedom[edit]

Article 296 A person who enslaves another or places another in a position as not free as a slave shall be sentenced to imprisonment for not less than one year but not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 296-1 (later added)
Article 297 (later amended)
Article 298 (later amended)
Article 299 A person who transports a forcibly abducted person specified in the preceding article beyond the territory of the Republic of China shall be sentenced to imprisonment for not less than five years.
An attempt to commit an offense specified in the preceding paragraph is punishable
Article 300 (later amended)
Article 301 A person who commits an offense specified in one of the articles, 298 through 300, and who returns the abducted person or reveals the location of the person resulting in his recovery before a judgment has been pronounced may have his punishment reduced.
Article 302 A person who without authority takes another into custody or by other illegal means deprives him of his freedom of movement shall be sentenced to imprisonment for not more than five years, short-term imprisonment, or a fine of not more than three hundred yuan.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 303 A person who commits an offense specified in paragraph 1 or 2 of the preceding article against his lineal blood ascendant shall be subject to the punishment prescribed for such an offense by increasing it up to one half.
Article 304 A person who by violence or threats causes another to do a thing which he has no obligation to do or who prevents another from doing a thing that he has the right to do shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine or not more than three hundred yuan.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 305 A person who threatens to cause injury to the life, body, freedom, reputation, or property of another and thereby endangers his safety shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 306 A person who without reason enters a dwelling house or structure of another, the adjacent or surrounding grounds, or a vessel belonging to another shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who without reason conceals himself in the property specified in the preceding paragraph or refuses to leave upon request shall be subject to the same punishment.
Article 307 A person who searches a person, dwelling house, structure, vessel, carriage or aircraft of another contrary to law or order shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than three hundred yuan.
Article 308 Prosecution for an offense specified in one of the articles, 298 through 306, may be instituted only upon complaint.
If the offense is one specified in paragraph 1 of Article 298, a complaint may not be made contrary to the will of the abducted person.

Chapter 27 Offenses Against Reputation and Credit[edit]

Article 309 A person who publicly insults another shall be sentenced to short-term imprisonment or a fine of not more than three hundred yuan.
A person who by violence commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 310 A person who points out or disseminates a fact which will injure the reputation of another for purpose that it be communicated to the public commits the offense of slander and shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than five hundred yuan.
A person who by circulating a writing or drawing commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than one thousand yuan.
A person who can prove the truth of the defamatory fact shall not be punished for the offense of defamation unless the fact concerns private life and is of no public concern.
Article 311 A person who makes a statement with bona-fide intent under one of the following circumstances shall not be punished:
1.Self-defense, self-justification, or the protection of legal interest
2.A report made by a public official in his official capacity
3.Fair comment on a fact subject to public criticism
4.Fair report on the proceedings of a national or local assembly, court, or a public meeting
Article 312 A person who publicly insults a deceased person shall be sentenced to short-term imprisonment or a fine of not more than three hundred yuan.
A person who commits the offense of defamation of a deceased person shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one thousand yuan.
Article 313 A person who injures the credit of another by circulating rumors or by fraudulent means shall be sentenced to imprisonment for not more than two years or with short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
Article 314 Prosecution for an offense specified in this Chapter may be instituted only upon complaint.

Chapter 28 Offenses Against Privacy[edit]

Article 315 (later amended)
Article 315-1 (later added)
Article 315-2 (later added)
Article 315-3 (later added)
Article 316 (later amended)
Article 317 A person who is required by law, order, or contract to preserve the commercial or industrial secrets of another which he knows or possesses because of his occupation and who discloses such secrets without reason shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than one thousand yuan.
Article 318 A public official or one who has previously been a public official who discloses without reason commercial or industrial secrets of another that he knows or possesses because of his official position shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than two thousand yuan.
Article 318-1 (later added)
Article 318-2 (later added)
Article 319 (later amended)

Chapter 29 Offense of Larceny[edit]

Article 320 A person who for purpose to exercise unlawful control over other’s property for himself or for a third person unlawfully takes movable property of another commits larceny and shall be sentenced to imprisonment for not more than five years, short-term imprisonment,or a fine of not more than five hundred yuan.
A person who for purpose to gain unlawful benefit of himself or of a third person unlawfully occupies the real property of another shall be punished in accordance with provisions of the preceding paragraph.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 321 (later amended)
Article 322 (later deleted)
Article 323 (later amended)
Article 324 If an offense specified in this Chapter is committed among lineal blood relatives, between spouses, or among other relatives who live together and share their property, the punishment may be remitted.
Prosecution for an offense specified in this Chapter committed among the relatives specified in the preceding paragraph, blood relatives within the fifth degree of relationship or relatives by marriage within the third degree of relationship may be instituted only upon complaint.

Chapter 30 Offense of Abrupt Taking, Robbery and Piracy[edit]

Article 325 A person who for purpose to exercise unlawful control over other’s property for himself or for a third person abruptly takes from another his movable property shall be sentenced to imprisonment for not less than six months but not more than five years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 326 A person who commits an offense specified in paragraph 1 of the preceding article under one of the circumstances specified in paragraph 1 of Article 321 shall be sentenced to imprisonment for not less than one year but not more than seven years.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 327 (later deleted)
Article 328 (later amended)
Article 329 A person who commits abrupt taking from a person or larceny and thereupon uses threats or violence to defend the property, to escape arrest, or to destroy evidence of the offense shall be considered to have committed robbery.
Article 330 (later amended)
Article 331 (later deleted)
Article 332 (later amended)
Article 333 (later amended)
Article 334 (later amended)
Article 334-1 (later added)

Chapter 31 Offenses of Embezzlement[edit]

Article 335 A person who has lawful possession of property belonging to another and who takes it for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 336 A person who commits an offense specified in the preceding article with respect to a thing of which he has lawful possession because of his public fiduciary duty or for public interest shall be sentenced to imprisonment for not less than one year but not more than seven years; in addition thereto, a fine of not more than five thousand yuan may be imposed.
A person who commits an offense specified in paragraph 1 of the preceding article with respect to a thing of which he has lawful possession resulting from his occupational fiduciary relationship shall be sentenced to imprisonment for not less than six months but not more than five years; in addition thereto, a fine of not more than three thousand yuan may be imposed.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 337 A person who for purpose to exercise unlawful control over other’s property for himself or for a third person takes a lost property, wreck, or other thing not in the custody of the owner shall be sentenced to a fine of not more than five hundred yuan.
Article 338 The provisions of Article 323 and 324 shall apply mutatis mutandis to offenses specified in this Chapter.

Chapter 32 Offenses of Fraudulence, Breach of Trust, Taking, and Usury[edit]

Article 339 (later amended)
Article 339-1 (later added)
Article 339-2 (later added)
Article 339-3 (later added)
Article 339-4 (later added)
Article 340 (later deleted)
Article 341 (later amended)
Article 342 (later amended)
Article 343 (later amended)
Article 344 (later amended)
Article 344-1 (later added)
Article 345 (later deleted)

Chapter 33 Offenses of Extortion and Kidnapping for Ransom[edit]

Article 346 A person who by intimidation causes another to deliver over a thing belonging to him or to a third person for purpose to exercise unlawful control over it it for himself or for a fourth person shall be sentenced to imprisonment for not less than six months but not more than five years; in addition thereto, a fine of not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for him or a third person shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
Article 347 (later amended)
Article 348 (later amended)
Article 348-1 (later added)

Chapter 34 Offenses of Receiving Stolen Property[edit]

Article 349 (later amended)
Article 350 (later deleted)
Article 351 If an offense specified in this Chapter is committed among lineal blood relatives, between spouses, or among other relatives who live together and share their property, the punishment may be remitted.

Chapter 35 Offenses of Destruction, Abandonment, and Damage of Property[edit]

Article 352 (later amended)
Article 353 A person who damages, or renders useless a structure, mine, or vessel belonging to another shall be sentenced to imprisonment for not less than six months but not more than five years.
If death results from the commission of the offense, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
An attempt to commit an offense specified in paragraph 1 is punishable.
Article 354 A person who abandon, destroys, damages, or renders useless a thing belonging to another which is not specified in the two preceding articles and causes injury to the public or another shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 355 A person who for purpose to cause loss to another fraudulently causes him or a third person to dispose of property thereby causing a property loss shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 356 A debtor who for purpose to impair the rights of his creditors damages, disposes of, or conceals his property at a time when compulsory execution is about to take place shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than five hundred yuan.
Article 357 Prosecution for an offense specified in Article 352 or Articles 354 through 356 may be instituted only upon complaint.

Chapter 36[edit]

Article 358 (later added)
Article 359 (later added)
Article 360 (later added)
Article 361 (later added)
Article 362 (later added)
Article 363 (later added)

Annotated by Wikibooks[edit]

  1. "Criminal Code of the Republic of China: Legislative History". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2017-03-24. http://law.moj.gov.tw/Eng/LawClass/LawHistory.aspx?PCode=C0000001. Retrieved 2017-04-05. 
  2. "Criminal Code of the Republic of China: Article content". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2017-03-24. http://law.moj.gov.tw/eng/LawClass/LawAll.aspx?PCode=C0000001. Retrieved 2017-04-05.