中华人民共和国刑法(四)
2009-03-24 法律英语 来源:互联网 作者: ℃Chapter V Crimes of Property Violation
Article 150 Whoever takes public or private property by force, threat or other methods shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
If the circumstances of the crime mentioned in the preceding paragraph are serious or grievous bodily injury or death has been caused, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death and may concurrently be sentenced to confiscation of property.
Article 151 Whoever steals, swindles or forcibly seizes a relatively large amount of public or private property shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Article 152 A habitual thief or habitual swindler or anyone who steals, swindles or forcibly seizes a huge amount of public or private property shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and may concurrently be sentenced to confiscation of property.
Article 153 If anyone commits a crime of theft, fraud or forcible seizure and uses or threatens to use violence on the spot in order to conceal booty, resist arrest or destroy criminal evidence, he shall be punished in accordance with Article 150 of this Law on the crime of robbery.
Article 154 Whoever extorts money or other public or private property by blackmail shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three year sand not more than seven years.
Article 155 Any state functionary who takes advantage of his office to embezzle public property shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is budge and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years; if the circumstances are especially serious, he shall be sentenced to life imprisonment or death.
For the crime mentioned in the preceding paragraph, the offender shall be sentenced concurrently to confiscation of property or ordered to make restitution or compensation.
If any person entrusted by state organs, enterprises, institutions or people's organizations to perform public duties commits the crime mentioned in the first paragraph of this Article, he shall be punished in accordance with the provisions of the two preceding paragraphs.
Article 156 Whoever intentionally destroys public or private property, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Chapter VI Crimes of Obstructing the Administration of Public Order
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 judgments 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 158 It shall be prohibited for anyone to disturb public order by any means. If the circumstances of the public disturbance are so serious that work, production, business, education or scientific research cannot be conducted and the state and society suffer serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Article 159 Where an assembled crowd dist
urbs order at stations, wharves, civil airports, marketplaces, public parks, theatres, cinemas, exhibition halls, sports grounds or other public places, or an assembled crowd blocks traffic or undermines traffic order or resists or obstructs public security administration personnel of the state from carrying out their duties according to law, if the circumstances are serious, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.
Article 160 Where an assembled crowd engages in affrays, creates disturbances, humiliates women or engages in other booligan activities that undermine public order, if the circumstances are flagrant, the offenders shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance.
Ringleaders of hooligan groups shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 161 If a criminal escapes after being arrested or held in custody according to law, in addition to being sentenced for the crime he originally committed or being made to serve the term to which be was originally sentenced, be shall be additionally sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever commits the crime mentioned in the preceding paragraph by means of force or threats shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.
Article 162 Whoever harbors 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 163 Whoever, in violation of firearm control regulations, secretly keeps firearms or ammunition and refuses to relinquish them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention .
Article 164 Whoever manufactures or sells bogus medicines for profit and thereby harms the people's health shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, or he may concurrently or exclusively be sentenced to a fine; if serious consequences have resulted, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years and may concurrently be sentenced to a fine.
Article 165 Any practitioner of sorcerery or witchcraft who takes advantage of superstition to spread rumour or swindle money or other property 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.
Article 166 Whoever poses as a state functionary in order to practise fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Article 167 Whoever forges, alters, steals, forcibly seiz
es or destroys the official documents, certificates or seals of state organs, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Article 168 Whoever, for the purpose of profit, assembles a crowd to engage in gambling or makes gambling his profession shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and may concurrently be sentenced to a fine.
Article 169 Whoever, for the purpose of profit, lures women into prostitution or shelters them in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and may concurrently be sentenced to a fine or confiscation of property.
Article 170 Whoever, for the purpose of profit, produces or sells pornographic books or pictures shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and may concurrently be sentenced to a fine.
Article 171 Whoever manufactures, sells or transports opium, heroin, morphine or other narcotic drugs shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may concurrently be sentenced to a fine.
Whoever manufactures, sells or transports the narcotic drugs mentioned in the preceding paragraph continually or in large quantities shall be sentenced to fixed-term impri
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