中华人民共和国国家安全法 STATE SECURITY LAW OF THE PEOPLES REPUBLIC OF CHINA

rganization and engaged in activities outside the territory endangering the State security of the People's Republic of China has made a faithful and timely report about the situation to a Chinese organ stationed abroad， or after returning to the country， has made a faithful and timely report about the situation directly or through his unit to a State security organ or a public security organ shall not be prosecutecd.

　　Article 26 Whoever， well aware of other persons' criminal acts of espionage， refuses to provide information while a State security organ investigates the circumstances or collects evidence from him shall be punished with administrativesanctions by his unit or the competent department at a higher level， or given a detention of not more than 15 days by the State security organ； in case the circumstances are serious， the offender shall be punished by applying mutatismut and is the provisions oz

　　Article 27 Whoever， by means of violence or threat， obstructs a State security organ from carrying out a task for the State security according to law shall be punished in accordance with the provisions of Article 157 of the Criminal Law.

　　Whoever intentionally obstructs a State security organ from carrying out a task for the State security according to law without resort to violence or threat but causes serious consequences shall be punished by applying mutatis mutandis the provisions of Article 157 of the Criminal Law； in case the circumstances are not serious， the offender shall be given a detention of not more than 15 days by the State security organ.

　　Article 28 Whoever intentionally or negligently divulges State secrets concerning State security shall be given a detention of not more than 15 days by the State security organ； in case the offence constitutes a crime， the offender shall be investigated for criminal responsibility according to law.

　　Article 29 A state security organ may search the body， articles， residence and other related places of anyone whom lawfully holds documents， materials or other articles classified as State secrets， or who unlawfully holds or uses equipment and

materials specially for espionage purposes， and may confiscate such documents， materials and other articles secrets， as well as such equipment and materials.

　　Anyone unlawfully holds documents， materials or other articles classified as State secrets and constitutes the crime of divulging State secrets shall be investigated for criminal responsibility according to law.

　　Article 30 If the violators of this Law are from outside the territory of the people's Republic of China， they may be ordered to leave the country within a specified time limit or be deported.

　　Article 31 Any party concerned， if not satisfied with the detention decision， may apply for reconsideration within 15 days after receipt of the decision to the organ at the next higher level over the one that has made the decision； and if still not satisfied with the reconsideration decision， the party concerned may bring a suit in a people's court within 15 days after receipt of the reconsideration decision.

　　Article 32 Any State security functionary who neglects his duty or engages in malpractices for personal interests， if the offence constitutes a crime， shall be punished in accordance with the provisions of Article 187 or Article 188 of the Criminal Law； Any such person who practises unlawful detention or extorts a confession by torture， if the offence constitutes a crime， shall be punished respectively in accrodance with the provisions of Article 143 or Article 136 of the Criminal Law.

　　Chapter V Supplementary Provisions

　　Article 33 Any public security organ that carries out a task for the State security according to the provisions of paragraph 2， Article 2 of this Law shall be governed by the relevant provisions of this Law.

　　Article 34 This Law shall enter into force as of the date of promulgation.

　　Appendix I Relevant Articles in the Criminal Law

　　Article 92 Whoever plots to subvert the government or dismember the state shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

　　Article 93 Whoever in stigages， lures or bribes a state functionary or a member or the armed forces， the people's police or the people's militia to defect to the enemy and turn traitor or to rise in rebellion shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

　　Article 97 Whoever commits any of the following acts of espionage or aiding the enemy shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or， if the circumstances are relatively minor， to fixed-term imprisonment of not less than three years and not more than ten years：

　　（1） Stealing， secretly gathering or supplying intelligence for the enemy；

　　（2） Supplying arms and ammunition or other military materials to the enemy； or

　　（3） Joining a secret service or espionage organization or accepting a mission assigned by the enemy.

　　Article 136 It shall be strictly forbidden to extort a confession by torture. Any state functionary who extorts a confession by torture shall be sententenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury or disability to a person through corporal punishment shall be charged with the crime of injury and given a heavier punishment.

　　Article 143 The unlawful detention of another person or the unlawful deprivation of his personal freedom by any other means shall be strictly prohibited. A violator shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention or deprivation of political rights. In circumstances where battery or humiliation has occurred， the violator shall be given a heavier punishment.

　　Whoever commits the crime mentioned in the peceding paragraph and causes serious bodily injury shall be sentenced to fixed-term imprisonment of not less than three

years and not more than ten years； if he causes a person's death， he shall be sentenced to fixed-term imprisonment of not less than seven years.

　　Article 157 Whoever by means of force or threat obstructs a state functionary from carrying out his functions according to law or refuses to carryout legally effective judgements or orders of people's courts shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention， a fine or deprivation of political rights.

　　Article 162 Whoever harbours counterrevolutionaries or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention or public surveillance； if the circumstances are serious， the offender shall be sentenced to fixed-term imprisonment of not less than three years， and not more than ten years.

　　Whoever harbours other criminals or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than two years， criminal detention or public surveillance； if the circumstances are serious， the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

　　Conspirators to a crime mentioned in the two preceding paragraphs shall be punished as for a joint crime.

　　Article 186 Any state functionary who divulges important state secrets， in violation of state laws and regulations on the protection of secrets， if the circumstances are serious， shall be sentenced to fixed-term imprisonment of not more than seven years， criminal detention or deprivation or political rights.

　　If a person who is not a state functionary commits the crime mentioned in the preceding paragraph， he shall be punished in the light of the circumstances and in accordance with the provisions of the preceding paragraph.

　　Article 187 Any state functionary who， because of neglect of duty， causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

　　Article 188 Any judicial functionary who engages in malpractice for the benefit of his friends and subjects to prosecution a person he clearly knows to be innocent and intentionally protects from prosecution a person he clearly knows to be guilty， or intentionally twists the law， confounding right and wrong， when rendering judgments or orders， shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention or deprivation of political rights； if the circumstances are particularly serious， he shall be sentenced to fixed-term imprisonment of not less than five years.

　　Appendix II Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Divulging State Secrets

　　The Third Meeting of the Standing Committee of the Seventh National People's Congress has decided to make supplementary provisions to the Criminal Law： Persons who steal， spy on， buy or illegally provide state secrets for institutions， organizations and people outside the country shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years； if the circumstances are relatively minor， the offender shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention or deprivation of political rights； if the circumstances are especially serious， the offender shall be sentenced to fixed-term imprisonment of not less than ten years， life imprisonment or the death penalty and shall

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