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Interim Regulations of the People's Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties [Expired]
中华人民共和国惩治军人违反职责罪暂行条例 [失效]
【法宝引证码】

 

INTERIM REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON PUNISHMENT OF SERVICEMEN WHO COMMIT CRIMES CONTRARY TO THEIR DUTIES 

中华人民共和国惩治军人违反职责罪暂行条例


(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)
 
(一九八一年六月十日第五届全国人民代表大会常务委员会第十九次会议通过

 
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.  第一条 根据《中华人民共和国刑法》的指导思想和基本原则,为惩治军人违反职责的犯罪行为,教育军人认真履行职责,巩固部队战斗力,特制定本条例。

 
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.  第二条 中国人民解放军的现役军人,违反军人职责,危害国家军事利益,依照法律应当受刑罚处罚的行为,是军人违反职责罪。但是情节显著轻微、危害不大的,不认为是犯罪,按军纪处理。

 
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.  第三条 违反武器装备使用规定,情节严重,因而发生重大责任事故,致人重伤、死亡或者造成其他严重后果的,处三年以下有期徒刑或者拘投;后果特别严重的,处三年以上七年以下有期徒刑。

 
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.  第四条 违反保守国家军事机密法规,泄露或者遗失国家重要军事机密,情节严重的,处七年以下有期徒刑或者拘役。

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.
 
战时犯前款罪的,处三年以上十年以下有期徒刑;情节特别严重的,处十年以上有期徒刑或者无期徒刑。

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.
 
为敌人或者外国人窃取、刺探、提供军事机密的,处十年以上有期徒刑、无期徒刑或者死刑。

 
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.  第五条 指挥人员和值班、值勤人员擅离职守或者玩忽职守,因而造成严重后果的,处七年以下有期徒刑或者拘役。

Any person who commits the crime in the preceding paragraph during wartime shall be sentenced to imprisonment of not less than five years.
 
战时犯前款罪的,处五年以上有期徒刑。

 
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.  第六条 违反兵役法规,逃离部队,情节严重的,处三年以下有期徒刑或者拘役。

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.
 
战时犯前款罪的,处三年以上七年以下有期徒刑。

 
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.  第七条 偷越国(边)境外逃的,处三年以下有期徒刑或者拘役;情节严重的,处三年以上十年以下有期徒刑。战时从重处罚。

 
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.  第八条 边防海防线的值勤人员,徇私舞弊,私放他人偷越国(边)境的,处五年以下有期徒刑或者拘役;情节严重的,处五年以上有期徒刑。战时从重处罚。

 
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.  第九条 滥用职权,虐待、迫害部属,情节恶劣,因而致人重伤或者造成其他严重后果的,处五年以下有期徒刑或者拘役;致人死亡的,处五年以上有期徒刑。

 
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.  第十条 以暴力、威胁方法,阻碍指挥人员或者值班、值勤人员执行职务的,处五年以下有期徒刑或者拘役; 情节严重的, 处五年以上有期徒刑;情节特别严重的或者致人重伤、死亡的,处无期徒刑或者死刑。战时从重处罚。

 
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.  第十一条 盗窃武器装备或者军用物资的, 处五年以下有期徒刑或者拘役; 情节严重的,处五年以上十年以下有期徒刑; 情节特别严重的, 处十年以上有期徒刑或者无期徒刑。战时从重处罚,情节特别严重的,可以判处死刑。

 
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.  第十二条 破坏武器装备或者军事设施的,处三年以下有期徒刑或者拘役;破坏重要武器装备或者重要军事设施的,处三年以上十年以下有期徒刑;情节特别严重的,处十年以上有期徒刑、无期徒刑或者死刑。战时从重处罚。

 
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.  第十三条 战时自伤身体,逃避军事义务的,处三年以下有期徒刑;情节严重的,处三年以上七年以下有期徒刑。

 
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.  第十四条 战时造谣惑众,动摇军心的,处三年以下有期徒刑;情节严重的,处三年以上十年以下有期徒刑。

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.
 
勾结敌人造谣惑众,动摇军心的,处十年以上有期徒刑或者无期徒刑;情节特别严重的,可以判处死刑。

 
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.  第十五条 在战场上故意遗弃伤员,情节恶劣的,对直接责任人员,处三年以下有期徒刑。

 
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.  第十六条 畏惧战斗,临阵脱逃的,处三年以下有期徒刑;情节严重的,处三年以上十年以下有期徒刑;致使战斗、战役遭受重大损失的,处十年以上有期徒刑、无期徒刑或者死刑。

 
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.  第十七条 在战斗中违抗命令,对作战造成危害的,处三年以上十年以下有期徒刑;致使战斗、战役遭受重大损失的,处十年以上有期徒刑、无期徒刑或者死刑。

 
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.  第十八条 故意谎报军情或者假传军令,对作战造成危害的,处三年以上十年以下有期徒刑;致使战斗、战役遭受重大损失的,处十年以上有期徒刑、无期徒刑或者死刑。

 
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.  第十九条 在战场上贪生怕死,自动放下武器投降敌人的,处三年以上十年以下有期徒刑;情节严重的,处十年以上有期徒刑或者无期徒刑。

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.
 
投降后为敌人效劳的,处十年以上有期徒刑、无期徒刑或者死刑。

 
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.  第二十条 在军事行动地区,掠夺、残害无辜居民的,处七年以下有期徒刑;情节严重的,处七年以上有期徒刑;情节特别严重的,处无期徒刑或者死刑。

 
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.  第二十一条 虐待俘虏,情节恶劣的,处三年以下有期徒刑。

 
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.  第二十二条 在战时,对被判处三年以下有期徒刑没有现实危险宣告缓刑的犯罪军人,允许其戴罪立功,确有立功表现时,可以撤销原判刑罚,不以犯罪论处。

 
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.  第二十三条 现役军人犯本条例以外之罪的,依照《中华人民共和国刑法》有关条款的规定处罚。

 
Article 24. Servicemen whose crimes have caused great harm may, in addition, be deprived of their decorations, medals and titles of honour.  第二十四条 对于危害重大的犯罪军人,可以附加剥夺勋章、奖章和荣誉称号。

 
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.  第二十五条 军内在编职工犯本条例之罪的,适用本条例。

 
Article 26. These Regulations shall go into effect as of January 1, 1982.

  第二十六条 本条例自一九八二年一月一日起施行。
 

     
     
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