(Adopted at the 19th Meeting of the Standing Committee of the Fifth
National People's Congress and promulgated for implementation by Order No. 7 of
the Standing Committee of the National People's Congress on June 10, 1981, and
effective as of January 1, 1982)
Article 1 In
accordance with the guiding ideas and fundamental principles of the Criminal Law
of the People's Republic of China, these Regulations are formulated with a view
to punishing servicemen for criminal acts in contravention of their duties,
inculcating in them the conscientious performance of their duties and
strengthening the combat effectiveness of the armed forces.
Article 2 Any act of a serviceman on active duty of the
Chinese People's Liberation Army that contravenes his duties and endangers the
state's military interests and is punishable with criminal penalties by law
constitutes a crime in contravention of a serviceman's duties. However, if the
circumstances are clearly minor and the harm is not great, the act shall not be
considered a crime and shall be dealt with in accordance with military
discipline.
Article 3 Any person who violates the provisions for use
of weapons and equipment, if the circumstances are serious, and causes a major
liability accident leading to severe injury or death of another person or other
serious consequences shall be sentenced to imprisonment of not more than three
years or criminal detention; and in cases where the consequences are especially
serious, the sentence shall be imprisonment of not less than three years and not
more than seven years.
Article 4 Any person who discloses important military
secrets of the state or loses documents or objects containing such secrets in
violation of the laws and regulations on the protection of state military
secrets, if the circumstances are serious, shall be sentenced to imprisonment of
not more than seven years or criminal detention.
Any person who commits the crime in the preceding paragraph during wartime
shall be sentenced to imprisonment of not less than three years and not more
than ten years or, if the circumstances are especially serious, to imprisonment
of not less than ten years or life imprisonment.
Any person who steals, collects or furnishes military secrets for the enemy
or foreigners shall be sentenced to imprisonment of not less than ten years or
life imprisonment or death.
Article 5 Any person in command or on duty who leaves his
post or neglects his duties, thereby causing serious consequences, shall be
sentenced to imprisonment of not more than seven years or criminal detention.
Any person who commits the crime in the preceding paragraph during wartime
shall be sentenced to imprisonment of not less than five years.
Article 6 Any person who deserts from the armed forces in
violation of the military service law, if the circumstances are serious, shall
be sentenced to imprisonment of not more than three years or criminal detention.
Any person who commits the crime in the preceding paragraph during wartime
shall be sentenced to imprisonment of not less than three years and not more
than seven years.
Article 7 Any person who secretly crosses the national
boundary (borderline) in order to flee the country shall be sentenced to
imprisonment of not more than three years or criminal detention or, if the
circumstances are serious, to imprisonment of not less than three years and not
more than ten years. The punishment of such crimes during wartime shall be
heavier than in time of peace.
Article 8 Any serviceman on duty at the frontier or
coastal defence line who out of improper personal considerations allows another
person to cross the national boundary (borderline) without authorization shall
be sentenced to imprisonment of not more than five years or criminal detention
or, if the circumstances are serious, to imprisonment of not less than five
years. The punishment of such crimes during wartime shall be heavier than in
time of peace.
Article 9 Any serviceman who abuses his power of office
and maltreats or persecutes a subordinate, if the circumstances are so offensive
as to have resulted in serious bodily injury of another person or other serious
consequences, shall be sentenced to imprisonment of not more than five years or
criminal detention. If he has caused the death of a person, he shall be
sentenced to imprisonment of not less than five years.
Article 10 Any person who, by force or threat, hinders
commanding personnel or personnel on duty from performing their duties shall be
sentenced to imprisonment of not more than five years or criminal detention or,
if the circumstances are serious, to imprisonment of not less than five years.
If the circumstances are especially serious, or a person's serious bodily injury
or death is caused, the offender shall be sentenced to life imprisonment or
death. The punishment of such crimes during wartime shall be heavier than in
time of peace.
Article 11 Any person who steals weapons, equipment or
military supplies shall be sentenced to imprisonment of not more than five years
or criminal detention or, if the circumstances are serious, to imprisonment of
not less than five years and not more than ten years. If the circumstances are
especially serious, he shall be sentenced to imprisonment of not less than ten
years or life imprisonment. The punishment of such crimes during wartime shall
be heavier than in time of peace, and the offender may be sentenced to death if
the circumstances are especially serious.
Article 12 Any person who destroys weapons, equipment or
military installations shall be sentenced to imprisonment of not more than three
years or criminal detention. Any person who destroys important weapons,
equipment or military installations shall be sentenced to imprisonment of not
less than three years and not more than ten years. If the circumstances are
especially serious, he shall be sentenced to imprisonment of not less than ten
years, life imprisonment or death. The punishment for such crimes during wartime
shall be heavier than in time of peace.
Article 13 Any person who inflicts bodily injury on
himself, thus disqualifying himself from fulfilling his military obligation
during wartime, shall be sentenced to imprisonment of not more than three years
or, if the circumstances are serious, to imprisonment of not less than three
years and not more than seven years.
Article 14 Any person who fabricates rumours to mislead
others and undermine army morale during wartime shall be sentenced to
imprisonment of not more than three years or, if the circumstances are serious,
imprisonment of not less than three years and not more than ten years.
Any person who colludes with the enemy to spread rumours so as to mislead
others and undermine army morale shall be sentenced to imprisonment of not less
than ten years or life imprisonment. If the circumstances are especially
serious, he may be sentenced to death.
Article 15 Any person who is directly responsible for
deliberate abandonment of the wounded on the battlefield shall, if the
circumstances are offensive, be sentenced to imprisonment of not more than three
years.
Article 16 Any serviceman who in fear of fighting deserts
from his unit before a battle shall be sentenced to imprisonment of not more
than three years or, if the circumstances are serious, to imprisonment of not
less than three years and not more than ten years. If his desertion has caused
serious losses to a battle or campaign, he shall be sentenced to imprisonment of
not less than ten years, life imprisonment or death.
Article 17 Any serviceman who disobeys orders in battle,
thereby jeopardizing the military operations, shall be sentenced to imprisonment
of not less than three years and not more than ten years. If serious losses are
caused to a battle or campaign, he shall be sentenced to imprisonment of not
less than ten years, life imprisonment or death.
Article 18 Any serviceman who intentionally makes a false
report about the military situation or communicates a false military order,
thereby jeopardizing the military operations, shall be sentenced to imprisonment
of not less than three years and not more than ten years. If serious losses are
caused to a battle or campaign, he shall be sentenced to imprisonment of not
less than ten years, life imprisonment or death.
Article 19 Any serviceman who in fear of death on the
battlefield voluntarily lays down his arms and surrenders to the enemy shall be
sentenced to imprisonment of not less than three years and not more than ten
years or, if the circumstances are serious, to imprisonment of not less than ten
years or life imprisonment.
Any serviceman who, after surrendering to the enemy, works for the enemy
shall be sentenced to imprisonment of not less than ten years, life imprisonment
or death.
Article 20 Any serviceman who plunders or mistreats
innocent residents in areas of military operations shall be sentenced to
imprisonment of not more than seven years or, if the circumstances are serious,
to imprisonment of not less than seven years. If the circumstances are serious,
he shall be sentenced to life imprisonment or death.
Article 21 Any serviceman who maltreats prisoners of war,
if the circumstances are offensive, shall be sentenced to imprisonment of not
more than three years.
Article 22. During wartime, any serviceman who commits a
crime and is sentenced to imprisonment of not more than three years with a
reprieve pronounced may, in consideration of the absence of actual danger from
him, be allowed to atone for his crime by performing meritorious deeds. Should
he truly perform meritorious deeds, the original sentence may be rescinded, and
he shall not be punished as a criminal.
Article 23 All servicemen on active duty who commit
crimes not provided for in these Regulations shall be punished in accordance
with the relevant articles of the Criminal Law of the People's Republic of
China.
Article 24 Servicemen whose crimes have caused great harm
may, in addition, be deprived of their decorations, medals and titles of honour.
Article 25 These Regulations are applicable to staff
members and workers on the regular payroll of military establishments, who
commit crimes covered in these Regulations.
Article 26 These Regulations shall go into effect as of
January 1, 1982.