Criminal Code of Einsenland – Special Part (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes.
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Criminal Code of the Republic of Einsenland
Section 101 [Treason]
A person who colludes with a foreign state, armed force or intelligence authority intentionally to gravely damage the Republic's sovereignty, territorial integrity or independent security through war, coercion by force or unlawful transfer of important defence capability is punishable by imprisonment for at least ten years or life. Death and confiscation may be imposed where Section 80 is satisfied and exceptionally grave irreversible harm results.
Knowing provision of important funds, weapons, personnel or secret intelligence for that conduct is punished according to personal common intention and role; lighter responsibility carries three to ten years and a fine. Ordinary diplomacy, trade, academic exchange, journalism and lawful political activity are not criminal merely through foreign contact.
Section 102 [Violent secession]
Organising, planning or carrying out unlawful severance of territory or destruction of national unity by violence, arms or coercion directly creating serious personal danger carries at least ten years or life for ringleaders or serious offenders. Death and confiscation may be imposed for exceptionally grave irreversible harm satisfying Section 80.
Active participants receive three to ten years; knowing substantial participants in lesser circumstances receive up to three years, criminal detention or community supervision. Peaceful political proposals, local autonomy, lawful constitutional amendment and other constitutionally protected expression are excluded.
Section 103 [Incitement to violent secession]
Publicly and directly urging a particular violent offence under Section 102 with the purpose of bringing it about, creating a substantial present danger of its occurrence in light of content, dissemination, audience, circumstances and actual capacity to act, carries up to five years, criminal detention or community supervision; serious circumstances carry five to ten years.
Criticism, peaceful advocacy, historical research, reporting and abstract views are not criminal merely because offensive, concerned with national unity or foreign-funded. Intention and concrete danger must be proved; dissemination figures or administrative findings alone do not establish guilt.
Section 104 [Armed rebellion and insurrection]
Organising, planning or carrying out armed rebellion or insurrection carries:
(1) life or at least ten years for ringleaders or serious offenders; exceptionally serious consequences may justify death;
(2) three to ten years for active participants;
(3) up to three years, criminal detention or community supervision for other participants.
Instigating, coercing or bribing military personnel, police or legally armed public officials to do so entails heavier punishment.
Section 105 [Violent subversion of constitutional order]
Organising, planning or carrying out overthrow of constitutional state authorities or unlawful usurpation of their powers by arms, violence or direct grave personal coercion carries at least ten years or life for ringleaders or serious offenders. Death may be imposed for exceptionally grave irreversible harm satisfying Section 80.
Active participants receive three to ten years; other knowing substantial participants receive up to three years, criminal detention or community supervision. Lawful elections, peaceful policy or constitutional change, strikes, demonstrations, oversight and government replacement through statutory confidence procedures are excluded.
Section 106 [Incitement to violent subversion]
Publicly and directly urging a particular violent offence under Section 105 with the purpose of bringing it about and creating a substantial present danger of its occurrence carries up to five years, criminal detention or community supervision; serious circumstances carry five to ten years.
Section 103's contextual and evidential standards apply. Rumour, insult or ordinary unlawful expression does not automatically become subversive incitement by concerning government. Ordinary criticism, reporting, campaigning, peaceful assembly and lawful constitutional amendment are protected.
Section 107 [Financing national-security offences]
Knowing that another will commit a particular offence under Sections 101 to 106, intentionally providing substantial funds, materials, technical or intelligence assistance to facilitate it is punished under joint-offending rules according to personal role.
Lawful exchange, donations, legal aid or ordinary foreign contact do not imply criminal knowledge. Foreign funding for those particular offences may aggravate punishment within personal responsibility; the same financing must not be punished again as joint participation.
Section 108 [Joining the enemy]
A national who, during actual armed conflict, knowingly joins an armed enemy fighting the Republic and undertakes combat, intelligence or important military support is punishable by three to ten years; serious circumstances carry at least ten years or life. Exceptionally grave irreversible actual harm satisfying Section 80 may justify death.
Enemy status requires objective armed-conflict facts and lawful determination, excluding peaceful opposition parties, ordinary foreign organisations, lawful foreign employers and asylum seekers. Humanitarian assistance, coercion in captivity and obedience without real choice are assessed according to conduct and responsibility; presence in enemy-occupied territory alone does not imply defection.
Section 109 [Defection by public officials]
An official with important defence, security or diplomatic duties who intentionally abandons a legal post for a foreign intelligence authority or hostile armed force, intending to provide state secrets or assistance substantially harming the Republic's security, and actually acts or creates substantial concrete danger, is punishable by up to five years or criminal detention; serious circumstances carry five to ten years.
Wartime conduct causing important security harm carries at least ten years or life. Ordinary resignation, travel, migration, lawful protection, policy dissent or mere disciplinary breach do not satisfy the elements. The same unlawful disclosure or other act is punished under the heavier provision, without duplication.
Section 110 [Espionage]
Knowingly performing unlawful intelligence tasks for a foreign or overseas intelligence authority or agent by stealing, probing for, purchasing or unlawfully providing state secrets under Section 95, or directly identifying attack targets for the enemy in armed conflict, carries at least ten years or life; lighter responsibility carries three to ten years.
Exceptionally grave irreversible actual harm to independence, defence capability or life satisfying Section 80 may justify death. Task, conduct and intention require proof. Mere membership of foreign bodies, media or academic organisations, or possession of public materials, is excluded.
Concurrency with Section 111 is governed by Section 67A.
Section 111 [Unlawfully obtaining or providing state secrets for overseas recipients]
Knowingly breaching state-secrets legislation by stealing, probing for, purchasing or unlawfully providing lawfully classified secrets for overseas bodies, organisations or persons, creating concrete substantial security danger, carries five to ten years; exceptionally serious circumstances carry at least ten years or life.
Intelligence here is limited to non-public secret information directly concerning defence or major security operations and must meet Section 95's legality and judicial-review requirements. Ordinary commercial, academic or public-interest information and lawful whistleblowing must not be included wholesale.
Section 112 [Assisting the enemy]
Supplying weapons, military materials, fuel, transport, technical materials or other important resources to the enemy in wartime carries at least ten years, life or death; lesser circumstances carry three to ten years.
Section 113 [Concurrency of terrorist and national-security offences]
Where a terrorist act constitutes an offence in this Chapter and under Sections 118 to 121, the same act is punished under the heavier provision pursuant to Section 67A.
Separately organising a group, financing independent activities or committing other independent offences may be cumulatively punished where expressly authorised and individually proved. The same conduct must not be punished both as residual conduct not constituting a heavier offence and cumulatively.
Section 114 [Additional political-rights deprivation and confiscation]
Offences in this Chapter require additional deprivation of political rights; life or death sentences require lifelong deprivation.
All property and fruits obtained through national-security offences must be recovered. Serious circumstances additionally require property confiscation.
Section 115 [Arson, explosion, dangerous substances and other public endangerment]
Arson, flooding, explosion, release of toxic, radioactive, infectious-pathogen or other dangerous substances, or other dangerous means endangering public safety carry:
(1) three to ten years if serious consequences have not occurred;
(2) at least ten years, life or death if serious injury, death or major public or private property loss results;
(3) possible death in exceptionally heinous circumstances causing multiple deaths or exceptionally grave public danger.
Negligent commission carries three to seven years; lesser circumstances carry up to three years or criminal detention.
Section 116 [Destruction of vehicles and transport facilities]
Damaging trains, motor vehicles, trams, ships, aircraft or other public transport sufficiently to risk overturning or destruction, without serious consequences, carries three to ten years.
Actual overturning, destruction, serious injury or death carries at least ten years or life; exceptionally serious consequences may justify death.
Damaging track, bridges, tunnels, roads, airports, waterways, lighthouses, signs or other transport facilities, causing or potentially causing a major accident, is punished under those paragraphs.
Section 117 [Destruction of energy, communications and network infrastructure]
Damaging electricity, gas, heat, water, radio, television, telecommunications, internet or other public infrastructure and endangering public safety carries:
(1) three to seven years without serious consequences;
(2) seven to ten years with serious consequences;
(3) at least ten years, life or death for serious injury, death or exceptionally major public or private property loss.
Section 118 [Organising, leading or participating in a terrorist organisation]
Knowingly organising or leading a body whose purpose is statutorily defined serious violence, hijacking, explosion or other life-endangering terrorism carries at least ten years or life and confiscation; exceptionally grave actual harm with principal responsibility and Section 80 compliance may justify death.
Active planning, training, recruitment or important operational support carries three to ten years and a fine; other knowing substantial criminal participation carries up to three years, criminal detention or community supervision and a fine.
Administrative listing is challengeable evidence, not conviction. Political, religious or ethnic views, kinship, presence or compelled contact are not criminal participation. Other independent offences follow Section 67A.
Section 119 [Preparing or carrying out terrorist activities]
The following for terrorist purposes carry up to five years, criminal detention or community supervision and a fine, or five to ten years in serious circumstances:
(1) preparing implements, explosives, radioactive, chemical, biological or similar materials;
(2) recruiting or training participants;
(3) travelling abroad, or organising or transporting others abroad, for terrorist activities;
(4) contacting overseas terrorist organisations or persons to plan activities.
Section 120 [Financing and inciting terrorism]
Knowingly and intentionally providing substantial money or materials intended for a terrorist organisation or particular terrorist activity carries up to five years, criminal detention or community supervision and a fine; serious circumstances carry five to ten years.
Public and direct incitement intended to bring about a particular terrorist offence and creating substantial present danger is punished likewise. Mere radical, offensive or extreme views, research, reporting, counter-terrorism education and preservation of evidence are excluded.
Compelling marriage, education, religion or living arrangements through violence, threats, unlawful restraint or similar means, causing serious infringement, carries up to three years, criminal detention or community supervision; serious circumstances carry three to seven years. A heavier offence based on the same act prevails.
Section 121 [Materials for committing or directly inciting terrorism]
Knowing that materials specifically serve terrorist offending or direct incitement, possessing, supplying or disseminating them for that purpose in serious circumstances carries up to three years, criminal detention, community supervision or a fine.
Mere possession, reading, academic or journalistic research, defence, counter-terrorism work, evidence collection and reasonably controlled security testing are excluded. Extreme viewpoints in materials do not imply criminal purpose.
Section 122 [Unlawful manufacture, trade, transport and storage of firearms, ammunition or explosives]
Unlawful manufacture, sale, purchase, transport, posting or storage carries three to ten years; serious circumstances carry at least ten years or life; exceptionally serious circumstances causing multiple casualties may justify death.
Section 123 [Unlawful possession or concealment of firearms or ammunition]
Unlawful possession or concealment contrary to firearms rules carries up to three years, criminal detention or community supervision; serious circumstances carry three to seven years.
Section 124 [Unlawful transport or storage of nuclear material or highly toxic substances]
Unlicensed unlawful manufacture, trade, transport or storage of nuclear material, highly toxic substances or other gravely dangerous articles carries three to ten years; serious circumstances or consequences carry at least ten years or life.
Section 125 [Dangerous driving]
On roads or public transport routes, the following carry criminal detention or community supervision and a fine:
(1) racing or competitive pursuit in heinous circumstances;
(2) driving a motor vehicle while intoxicated;
(3) seriously overloaded or speeding school-bus or passenger services;
(4) unlawful carriage of dangerous chemicals endangering public safety.
If another offence is also constituted, the heavier provision applies.
Section 126 [Causing a traffic accident]
Breach of transport rules causing a major accident with serious injury, death or major public or private property loss carries up to three years or criminal detention.
Flight or other exceptionally heinous circumstances carry three to seven years; death caused by flight carries at least seven years.
Section 127 [Interference with safe driving]
Violence against the driver of moving public transport, seizure of controls, or a driver's unauthorised abandonment of duty or fighting, disrupting operation and endangering public safety, carries up to one year, criminal detention, community supervision or a fine.
Serious injury, death or major property loss is punished under this Chapter's dangerous-means public-endangerment provisions.
Section 128 [Major workplace accidents]
Breach of production or operational safety rules causing a major casualty accident or other serious consequences carries up to three years or criminal detention for directly responsible persons; exceptionally heinous circumstances carry three to seven years.
Ordering unlawful dangerous work and causing a major accident carries up to five years or criminal detention for directly responsible persons; exceptionally heinous circumstances carry at least five years.
Section 129 [Construction, education, medical and fire-safety accidents]
Where developers, surveyors, designers, construction contractors or supervisors breach state provisions, lower construction standards and cause a major safety accident, directly responsible persons receive up to five years or criminal detention and a fine; exceptionally serious consequences carry five to ten years and a fine.
Manifestly unsafe education, medical, cultural, sporting, catering, commercial-service or similar facilities, without corrective action and causing a major casualty accident, are punished likewise.
Directly responsible persons whose breach of statutory fire or emergency-rescue duties causes serious consequences receive up to three years or criminal detention.
Section 130 [Failure to report or false reporting of safety accidents]
A person with reporting duties who fails to report, reports falsely or destroys the scene, delaying rescue, increasing loss or concealing truth, receives up to three years or criminal detention; serious circumstances carry three to seven years.
Subchapter 1 Production and Sale of Counterfeit and Substandard Goods
Section 131 [Counterfeit and substandard products]
Producers or sellers adulterating products, passing false goods as genuine, inferior as superior or non-compliant as compliant, with a relatively large unlawful gain or sales amount, receive up to three years or criminal detention, with a fine additionally or independently; a large amount carries three to seven years and a fine; an especially large amount carries at least seven years or life and a fine or confiscation.
Section 132 [Products endangering health]
Producing or selling counterfeit or substandard medicines or food, medical devices, cosmetics or children's goods failing safety standards carries up to three years or criminal detention and a fine. Serious health harm or other serious circumstances carry three to ten years and a fine; death or exceptionally serious circumstances carry at least ten years or life and a fine or confiscation.
Section 133 [Toxic or harmful food]
Adding toxic or harmful non-food ingredients to food in production or sale, or knowingly selling such food, carries up to five years and a fine. Serious food poisoning or other serious foodborne illness carries five to ten years and a fine; death or exceptionally serious circumstances carry at least ten years or life and a fine or confiscation.
Subchapter 2 Smuggling
Section 134 [Smuggling weapons, ammunition or nuclear material]
Smuggling weapons, ammunition, nuclear material, chemical or biological weapons or their raw materials carries at least seven years; exceptionally serious circumstances carry life or death and confiscation.
Section 135 [Smuggling counterfeit currency, drugs, cultural objects or protected species products]
Smuggling counterfeit money, drugs, cultural objects, rare animals or plants or their products, or obscene articles carries three to ten years and a fine or confiscation; serious circumstances carry at least ten years or life and confiscation.
Smuggling prohibited solid or radioactive waste or other articles seriously endangering ecology or public health is punished likewise.
Section 136 [Smuggling ordinary goods]
Evading customs supervision by transporting, carrying or posting prohibited or restricted goods across the border, evading a relatively large amount of duty, carries up to three years or criminal detention and a fine. A large duty amount or other serious circumstances carries three to ten years and a fine; an especially large amount or other exceptionally serious circumstances carries at least ten years or life and a fine or confiscation.
Subchapter 3 Financial Regulation Offences
Section 137 [Counterfeiting or altering currency]
Counterfeiting carries three to ten years and a fine. Ringleaders of counterfeiting groups or an especially large amount and exceptionally serious circumstances carry at least ten years or life and a fine or confiscation.
Altering a relatively large currency amount carries up to three years or criminal detention and a fine; a large amount carries three to ten years and a fine.
Section 138 [Trade, transport, possession or use of counterfeit currency]
Selling, buying or transporting a relatively large counterfeit currency amount carries up to three years or criminal detention and a fine; a large amount carries three to ten years and a fine; an especially large amount carries at least ten years or life and a fine or confiscation.
Knowing possession or use of a relatively large amount carries up to three years or criminal detention and a fine; a large amount carries three to ten years and a fine.
Section 139 [Unauthorised financial institutions]
Establishing a commercial bank, securities or futures exchange, insurer or other financial institution without approval of the national financial regulator carries up to three years or criminal detention and a fine; serious circumstances carry three to ten years and a fine.
Section 140 [Unlawfully taking public deposits]
Unlawful or disguised taking of public deposits disrupting financial order carries up to three years or criminal detention and a fine; a large amount or other serious circumstances carries three to ten years and a fine.
Voluntary repayment of principal or interest lawfully reducing investors' loss may justify lighter or mitigated punishment.
Section 141 [Fraudulent fund-raising]
Unlawful fund-raising by fraud for unlawful appropriation, involving a relatively large amount, carries three to seven years and a fine; a large amount or other serious circumstances carries at least seven years or life and a fine or confiscation.
Section 142 [Market manipulation and insider dealing]
Intentional manipulation of securities, futures, derivatives or similar market prices or volumes through unlawful false trades, collusion, deceptive information, concentrated trading control or similar means, seriously disrupting trading order, carries up to five years or criminal detention and a fine; serious circumstances carry five to ten years and a fine.
A person owing confidentiality, or knowingly receiving unlawfully sourced information, who trades on unpublished material information capable of substantially affecting the market or intentionally discloses it for another's trading is punished under those tiers. Lawfully authorised ordinary trading with necessary disclosure is excluded.
Exceptionally major systemic financial damage and widespread irreversible investor losses with exceptionally serious responsibility carry at least ten years or life and a fine or confiscation. Ordinary investment losses, different assessments of information or unproved price fluctuations are not evidence of manipulation.
Section 143 [Financial-document, credit-card and instrument fraud]
Fraud using forged or altered financial instruments, letters of credit, credit cards, negotiable instruments, shares, bonds or other financial documents, involving a relatively large amount, carries up to five years or criminal detention and a fine; a large amount carries five to ten years and a fine; an especially large amount carries at least ten years or life and a fine or confiscation.
Section 144 [Money laundering]
Knowing proceeds or gains from an offence under this Code or special criminal legislation, intentionally handling them to conceal source, ownership or nature through accounts, sham transactions, digital assets, exchange, cross-border transfer or other substantial concealment carries up to five years or criminal detention and a fine; serious circumstances carry five to ten years and a fine.
A prior final conviction for the predicate offence is unnecessary, but criminal origin and personal knowledge require proof. A predicate offender's independent concealment by self-laundering may be punished cumulatively; mere possession, consumption or receipt of the same already assessed proceeds is not automatically separate laundering.
Subchapter 4 Tax Administration Offences
Section 145 [Tax evasion]
Intentional false filing or non-filing through deceit or concealment, evading at least ENY 5,000 and at least 10 per cent of the relevant tax due for the period, carries up to three years or criminal detention and a fine; at least ENY 50,000 and 30 per cent carries three to seven years and a fine.
Tax category, period and amounts due and paid follow lawfully published tax legislation, without double counting amounts already dealt with. Genuine reasonable tax-law disputes and mere arithmetic errors require lawful assessment and correction first, not a presumption of fraudulent intent.
A first offender paying tax and late charges and accepting lawful administrative punishment following formal recovery is not prosecuted under this Section. Reoffending within five years or independent offences through sham transactions are separately governed by law.
Section 146 [Violent tax resistance]
Refusing tax payment through violence or threats carries up to three years or criminal detention and a fine of one to five times the unpaid tax inclusive; serious circumstances carry three to seven years and a fine.
Section 147 [Export tax-refund fraud]
Obtaining export refunds by false exports or other deceit, involving a relatively large amount, carries up to five years or criminal detention and a fine; a large amount carries five to ten years and a fine; an especially large amount carries at least ten years or life and a fine or confiscation.
Section 148 [False invoices]
Falsely issuing special value-added-tax or other invoices for tax fraud, deductions or bookkeeping in serious circumstances carries up to three years or criminal detention and a fine; exceptionally serious circumstances carry three to ten years and a fine.
Subchapter 5 Intellectual Property Offences
Section 149 [Counterfeit registered marks and goods]
Unauthorised use of the same or a similar registered mark on identical or similar goods in serious circumstances carries up to three years or criminal detention and a fine; exceptionally serious circumstances carry three to ten years and a fine.
Knowing sale of counterfeit-marked goods with a relatively large unlawful gain or other serious circumstances is punished likewise.
Section 150 [Patent, trade-secret and copyright offences]
Unauthorised counterfeiting of another's patent or unlawful acquisition, disclosure or use of trade secrets in serious circumstances carries up to three years or criminal detention and a fine; exceptionally serious circumstances carry three to ten years and a fine.
Profit-seeking unauthorised reproduction, distribution or online dissemination of protected works, performances or recordings with a relatively large unlawful gain or other serious circumstances is punished likewise.
Subchapter 6 Market Order Offences
Section 151 [Commercial defamation, false advertising and forced transactions]
Fabricating and disseminating false facts damaging another's business or product reputation and causing major loss or other serious circumstances carries up to two years or criminal detention and a fine.
Unlawful false advertising of goods or services by advertisers, advertising businesses or publishers in serious circumstances carries up to two years or criminal detention and a fine.
Forcing purchase, sale, provision or acceptance of services through violence or threats carries up to three years or criminal detention and a fine; serious circumstances carry three to seven years and a fine.
Section 152 [Unlawful business operations]
Intentionally breaching express statutory licensing or trading prohibitions through the following business activities, seriously disrupting markets and causing major actual harm or concrete public danger, carries up to five years or criminal detention and a fine; exceptionally serious circumstances carry at least five years and a fine or confiscation:
(1) trading in legally restricted dangerous or exclusive goods without the necessary licence;
(2) organising unlicensed financial, foreign-exchange, securities or digital-asset payment settlement, impairing fund security;
(3) other business conduct whose elements and application of this Section are expressly prescribed by parliamentary legislation.
Administrative regulations, internal catalogues and judicial interpretation cannot add categories. Ordinary licensing-formality defects, contractual disputes, lawful new business models or non-prohibited transactions are not criminal merely because a regulator disapproves.
Section 153 [Pyramid schemes]
Organising or leading a business presented as sales or services, requiring fees or purchases for membership, creating tiers and rewarding recruitment numbers directly or indirectly, inducing or coercing further recruitment to obtain property fraudulently and disrupt economic order, carries up to five years or criminal detention and a fine; serious circumstances carry at least five years and a fine or confiscation.
Section 154 [Commercial bribery]
Staff of a company, enterprise or other organisation who abuse their position to solicit or unlawfully receive property or other improper benefits for conferring benefits, involving a relatively large amount, receive up to five years or criminal detention and a fine; a large amount carries five to ten years and a fine or confiscation.
Giving such persons property or other benefits to secure an improper benefit is punished likewise.
Section 155 [Bid-rigging and contractual fraud]
Collusion between bidders over prices, harming the procurer or other bidders in serious circumstances, carries up to three years or criminal detention and a fine.
Fraudulently obtaining the other party's property during conclusion or performance for unlawful appropriation, involving a relatively large amount, carries up to three years or criminal detention and a fine; a large amount or other serious circumstances carries three to ten years and a fine; an especially large amount or other exceptionally serious circumstances carries at least ten years or life and a fine or confiscation.
Section 156 [Serious monopolisation and obstruction of competition]
Intentional prohibited horizontal price-fixing, market division or collusive exclusion, or grave foreclosure using market control through fraud, coercion or other unlawful means, causing exceptionally major actual consumer or public economic harm, carries up to three years or criminal detention and a fine for personally responsible persons; exceptionally serious circumstances carry three to seven years and a fine or confiscation.
Size, ownership, ordinary price increases, lawful efficiency co-operation or dominance alone are not criminal. Abuse of administrative power to exclude competition is assessed under misconduct provisions with proof of fault and harm.
Section 157 [Infringement of workers' rights]
Forced labour through violence, threats, restriction of liberty, withholding documents or similar means carries up to three years or criminal detention and a fine; serious circumstances carry three to ten years and a fine.
Knowing recruitment, transport or other assistance for that conduct is punished likewise.
Obstructing lawful union formation or duties, or retaliating against union staff lawfully performing duties, causing major loss to workers' lawful rights or interests, carries up to three years or criminal detention and a fine; serious circumstances carry three to seven years and a fine.
Employing children in heavy physical or hazardous work or prolonged excessive hours causing serious physical or mental harm carries up to five years and a fine.
Section 157A [Malicious refusal to pay remuneration]
Intentional refusal to pay clearly established, lawfully due wages of a relatively large amount through transfer or concealment of assets, flight or similar means, persisting after a lawful payment order, carries up to three years or criminal detention and a fine. Serious consequences, including grave difficulty meeting basic living needs, carry three to seven years and a fine.
Genuine wage disputes, non-malicious insolvency and reasonable insolvency proceedings do not imply crime. Back pay, remedies and organisational and personal responsibility follow this Code and labour legislation; prosecution must not replace procedures for prompt receipt of wages.
Section 158 [Intentional killing]
Whoever intentionally and unlawfully deprives another person of life shall be liable to imprisonment for at least ten years or to life imprisonment; in less serious circumstances, imprisonment for three to ten years.
Where personal culpability is exceptionally grave, the court may impose life imprisonment or, where the conditions of Section 80 are satisfied, the death penalty for intentionally causing six or more deaths, meaning more than five; killing several people by especially cruel means; killing minors, pregnant or defenceless persons in particularly heinous circumstances; or contract killing, killing to silence persons with knowledge of wrongdoing, or killing for amusement. The relevant deaths must fall within the offender's own acts or the scope of the common intention and their personal responsibility. The total number of deaths caused by a group must not automatically be attributed to each member.
Where independent psychiatric assessment supports a judicial finding of substantially diminished responsibility from severe mental disorder under Section 25, third paragraph, death is excluded. Life imprisonment for the preceding conduct is subject to Section 75A's minimum fifteen years and subsequent review, without automatic release. Wholly absent criminal capacity follows Section 25, first paragraph, not life imprisonment. Juvenile and other statutory lighter-punishment and mitigation safeguards prevail.
Section 159 [Negligently causing death]
Negligently causing death carries three to seven years; lesser circumstances carry up to three years.
Other provisions of this Code prevail where applicable.
Section 160 [Intentional injury]
Intentional bodily injury carries up to three years, criminal detention or community supervision.
Serious injury carries three to ten years.
Death or especially cruel serious injury causing grave disability carries at least ten years or life; exceptionally heinous circumstances may justify death.
Negligently causing serious injury carries up to three years or criminal detention.
Section 161 [Rape]
Penetrative sexual conduct contrary to genuine voluntary consent through violence, coercion or exploitation of unconsciousness, intoxication or another state preventing free decision, expression or resistance carries three to ten years. Marriage, intimacy, past consent or absence of resistance does not replace present free consent.
Rape of anyone under fourteen, irrespective of sex, is punished under this offence. Abuse of guardianship, education, medical or caring authority preventing a minor's free decision aggravates punishment under law; age and conduct must establish responsibility.
Multiple victims or occasions, gang rape, particularly heinous public commission, serious injury, death or other exceptionally serious actual harm carries at least ten years or life; exceptionally grave cases satisfying Section 80 may justify death. A victim's occupation, dress or lifestyle alone cannot negate the infringement.
Section 162 [Compelled indecent assault and humiliation]
Compelled indecent assault by violence, coercion, deception or other means, or humiliation by violence, threats or disseminating images or video, carries up to three years, criminal detention or community supervision; group or public commission carries three to ten years.
Indecent assault against a minor entails heavier punishment.
Section 162A [Non-consensual intimate images and persistent stalking]
Knowingly without valid consent intentionally making, disseminating or threatening dissemination of identifiable intimate images, seriously infringing privacy, safety or ordinary life, carries up to three years, criminal detention or a fine. Repeated or large-scale conduct, conduct targeting minors or conduct causing exceptionally serious harm carries three to seven years and a fine. Malicious fabrications capable of being mistaken for real images are included. Lawful evidence collection, medical use and reasonably protected public-interest reporting require particular necessity assessment.
Repeated following, surveillance, contact, location tracking or use of personal data, knowingly against another's wishes, causing reasonable grave fear for personal safety or substantial life disruption in serious circumstances, carries up to three years, criminal detention or community supervision; conduct involving violence, targeting minors or causing exceptionally serious consequences carries three to seven years.
A single unwelcome contact, ordinary reporting and lawful investigation are excluded. Rape, extortion, intrusion or data-offence concurrency follows the general rules, without extra punishment merely for technological means.
Section 163 [Abuse and abandonment]
Abusing family members, cohabitants, former intimate partners or persons one legally owes guardianship, maintenance or care, in heinous circumstances, carries up to two years, criminal detention or community supervision; serious injury or death carries three to ten years.
Intentionally refusing a legal maintenance or guardianship duty owed to a person unable to live independently, despite actual ability and in heinous circumstances, carries up to three years, criminal detention or community supervision. Poverty, inadequate care resources or lawful requests for assistance alone cannot establish abandonment. Other serious injury, killing and confinement follow concurrency rules.
Section 164 [Unlawful confinement]
Unlawfully confining or otherwise depriving another of liberty carries up to three years, criminal detention, community supervision or deprivation of political rights.
Beating or humiliation aggravates punishment.
Serious injury carries three to ten years; death carries at least ten years.
Abuse of office by a public official aggravates punishment.
Section 165 [Kidnapping]
Kidnapping for property extortion or taking hostages carries at least ten years or life and a fine or confiscation.
Causing serious injury or death to the hostage, or killing the hostage, may justify death and confiscation.
Lesser circumstances carry five to ten years and a fine.
Section 166 [Human trafficking]
Recruiting, receiving, purchasing, transporting, transferring, collecting or moving persons through violence, coercion, deception, kidnapping, abuse of control or exploitation of manifest vulnerability for unlawful sale, forced labour, sexual exploitation, forced crime, unlawful organ removal or similar exploitation carries five to ten years and a fine.
For exploitation of a person under eighteen, proof of those means is unnecessary. Purported consent obtained criminally does not exclude responsibility. Where victims are compelled to commit minor violations or offences, coercion and individual responsibility must be assessed; victims must not automatically be treated as voluntary participants.
Multiple victims, minors, cross-border conduct, serious violence or exceptionally serious consequences including serious injury or death carry at least ten years or life and a fine or confiscation. Official abuse aggravates punishment; the same or separate rape, killing or other acts follow Section 67A.
Section 167 [Purchasing trafficked persons]
Purchasing a trafficked person carries up to three years, criminal detention or community supervision and a fine.
Forced marriage, restriction of liberty, rape or forced labour accompanying purchase are punished cumulatively under the relevant provisions.
Not obstructing recovery may justify lighter punishment; respecting the victim's wish to return to the original residence may justify mitigation.
Section 168 [Organising begging by persons with disabilities or children and exploiting minors in crime]
Organising begging by persons with disabilities or persons under sixteen through violence or coercion carries up to three years or criminal detention and a fine; serious circumstances carry three to seven years and a fine.
Coercing or inducing minors to offend entails heavier punishment under the relevant provisions.
Section 169 [Interference with marriage and bigamy]
Violent or other interference with freedom of marriage carries up to two years, criminal detention or community supervision.
Death carries two to seven years.
Marrying while already married, or knowingly marrying a married person, carries up to two years or criminal detention.
Section 170 [Serious insult and defamation]
Intentional humiliation through serious violence or public defamation by knowingly fabricated specific facts, causing major actual harm to personality interests, ordinary life or safety, carries up to three years, criminal detention or community supervision.
The prosecution must prove falsity, knowledge and serious harm. Truth, unverifiable opinion, satire, reasonable public-interest investigation and good-faith reporting based on reasonable checking are excluded. Ordinary arguments, policy criticism and official displeasure do not satisfy the elements.
Proceedings generally require the victim's lawful complaint; the prosecution handles serious violence against persons unable to complain or public-safety matters under law. Criminal reputation offences must not replace other necessary privacy and safety remedies.
Section 171 [Incitement to serious discrimination and violence]
Public direct incitement intended to cause specific unlawful discrimination or violence against ethnic, religious, linguistic, sex or sexual-orientation groups, creating substantial present danger of serious infringement, carries up to three years, criminal detention or community supervision and a fine; serious actual consequences or repeated commission carry three to seven years.
Purpose, content, dissemination, audience and actual prospect of action must be proved. Merely causing offence, religious criticism, scholarship, art, public discussion or different policy proposals alone are excluded. Actual injury and other offences follow concurrency rules.
Section 172 [Unlawful entry, search and interception]
Unlawful entry into another's dwelling or unlawful search of body, dwelling, workplace or vehicle carries up to three years or criminal detention.
Unlawful interception or surveillance of communications or activities in serious circumstances is punished likewise.
Official abuse aggravates punishment.
Section 173 [Communications and personal information offences]
Unauthorised opening, concealment or destruction of mail or electronic communications in serious circumstances carries up to one year or criminal detention.
Knowingly without lawful basis or beyond authority intentionally obtaining, selling, supplying or publishing identifying information about a natural person, or using it for stalking, fraud or similar infringement, in serious circumstances carries up to three years or criminal detention and a fine; exceptionally serious circumstances carry three to seven years and a fine. Lawful journalism, public-interest research and emergency protection require assessment of particular grounds and necessity, not blanket professional immunity.
Seriousness is determined by sensitivity, number of persons, unlawful profit, foreseeable personal danger and actual damage. Minor formal defects, reasonable information requests or processing not proved unlawful are excluded. Official or professional abuse aggravates punishment.
A person with clear confidentiality and security duties who grossly negligently discloses sensitive data, causing major personal or property harm, receives up to three years, criminal detention or a fine. Security authorities, state-owned enterprises and private actors are all covered; secrecy or administrative purpose does not exclude judicial review.
Section 174 [Interference with elections]
Intentional substantial interference with free voting, candidacy or accurate counting in presidential, parliamentary, local or other statutory elections or referendums through violence, coercion, bribery, forged or altered ballots, impersonation or malicious alteration of counting procedures or algorithms carries up to three years, criminal detention or community supervision; serious circumstances carry three to seven years. Official abuse aggravates punishment.
Ordinary reporting errors, lawful policy criticism and neutral technical research are not criminal merely because potentially affecting reputation. Criminal liability and electoral remedies are adjudicated separately. Recounts, local reruns and invalidity are decided by the courts under Sections 16 and 17 of the Electoral Act according to actual impact; conviction does not automatically invalidate an entire election.
Section 175 [Retaliation against witnesses or complainants]
Violence, threats, harassment, reputational harm, deprivation of employment or other retaliation against lawful witnesses, persons reporting to competent authorities or their close relatives carries up to three years or criminal detention; serious circumstances carry three to seven years.
Official abuse aggravates punishment.
Section 175A [False accusation]
Knowingly fabricating specific criminal facts or forging crucial materials in a complaint to a competent authority, intending criminal prosecution of another in serious circumstances, carries up to three years, criminal detention or community supervision. Prolonged unlawful detention or other exceptionally serious harm carries three to seven years.
Knowledge and intent to frame must be proved. Good-faith reports, reasonable suspicion, memory errors, rejected evidence or absence of eventual conviction are excluded. High status or failure to convict cannot imply malice. Official abuse aggravates punishment; the same deliberate perjury or perversion follows concurrency rules.
Section 176 [Misuse or theft of identity documents]
Misuse of another's identity card, passport, social-security card, driving licence or other statutory identity document in serious circumstances carries up to three years, criminal detention, community supervision or a fine.
Misappropriation of identity information for civil, administrative or criminal proceedings causing major harm to lawful interests is punished likewise.
Section 177 [Theft]
Theft of public or private property involving a relatively large amount, repeated theft, theft from a dwelling, theft while carrying a weapon or pickpocketing carries up to three years' imprisonment, criminal detention or community supervision, together with a fine, or a fine alone.
A large amount or other serious circumstances carries three to ten years' imprisonment and a fine.
An especially large amount or other exceptionally serious circumstances carries at least ten years' imprisonment or life imprisonment, together with a fine or confiscation.
Section 178 [Robbery]
Robbery of public or private property by violence, coercion or other compulsory means carries three to ten years' imprisonment and a fine.
The following carry at least ten years' imprisonment or life imprisonment, together with a fine or confiscation:
(1) robbery in a dwelling;
(2) robbery on public transport;
(3) robbery with a firearm or another lethal weapon;
(4) robbery of a bank or other financial institution;
(5) repeated robbery or robbery involving a large amount;
(6) robbery causing serious injury or death;
(7) robbery while impersonating a member of the armed forces or police;
(8) robbery of military supplies or supplies for emergency response, disaster relief or welfare relief.
Robbery causing multiple deaths or involving particularly heinous circumstances may be punished by death.
Section 179 [Snatching and collective looting]
Snatching public or private property involving a relatively large amount, or repeated snatching, carries up to three years' imprisonment, criminal detention or community supervision, together with a fine, or a fine alone. A large amount or other serious circumstances carries three to ten years' imprisonment and a fine. An especially large amount or other exceptionally serious circumstances carries at least ten years' imprisonment and a fine or confiscation.
For collective looting involving a relatively large amount or other serious circumstances, ringleaders and active participants shall be punished under the preceding paragraph.
Section 180 [Fraud]
Fraud involving a relatively large amount of public or private property carries up to three years' imprisonment, criminal detention or community supervision, together with a fine, or a fine alone. A large amount or other serious circumstances carries three to ten years' imprisonment and a fine. An especially large amount or other exceptionally serious circumstances carries at least ten years' imprisonment or life imprisonment, together with a fine or confiscation.
Fraud through telecommunications or information networks shall be punished under the preceding paragraph. Especially serious conduct targeting older people, persons with disabilities, minors or persons who are ill entails heavier punishment.
Section 181 [Extortion]
Extortion of public or private property involving a relatively large amount, or repeated extortion, carries up to three years' imprisonment, criminal detention or community supervision, together with a fine, or a fine alone. A large amount or other serious circumstances carries three to ten years' imprisonment and a fine. An especially large amount or other exceptionally serious circumstances carries at least ten years' imprisonment and a fine or confiscation.
Section 182 [Misappropriation and occupational misappropriation]
Unlawfully appropriating another's property held in custody, involving a relatively large amount and refusing to return it, carries up to two years' imprisonment, criminal detention or community supervision, together with a fine, or a fine alone. A large amount or other serious circumstances carries two to five years' imprisonment and a fine.
Appropriation of property forgotten or buried by another, involving a relatively large amount and refusal to surrender it, shall be punished under the preceding paragraph.
An employee of a company, enterprise or other unit who uses their position unlawfully to appropriate the unit's property in a relatively large amount shall receive up to five years' imprisonment or criminal detention and a fine. A large amount carries five to ten years' imprisonment and a fine or confiscation.
Section 183 [Misuse of funds or earmarked property]
An employee of a company, enterprise or other unit who uses their position to divert the unit's funds for personal use or lending to others, involving a relatively large amount remaining unpaid for more than three months, or use for profit-making or unlawful activities, shall receive up to three years' imprisonment or criminal detention. A large amount, or non-repayment of a relatively large amount, carries three to ten years' imprisonment and a fine.
Misuse of earmarked funds or property for disaster relief, emergency response, flood control, preferential assistance, poverty relief, healthcare, social security or similar purposes in serious circumstances entails heavier punishment under the preceding paragraph. Exceptionally serious circumstances carry at least ten years' imprisonment and a fine or confiscation.
Section 184 [Intentional property damage and disruption of production or business]
Intentional destruction or damage of public or private property involving a relatively large amount or other serious circumstances carries up to three years' imprisonment, criminal detention or a fine. A large amount or other exceptionally serious circumstances carries three to seven years' imprisonment.
Destruction of machinery, harm to draught animals or other disruption of production or business for retaliation, venting anger or another personal purpose shall be punished under the preceding paragraph.
Subchapter 1 Disruption of Public Order
Section 185 [Obstruction of lawful performance of duties]
Intentional obstruction by violence or serious threats to personal safety of public officials, police, fire and rescue personnel, emergency responders or others expressly authorised by law in the lawful performance of duties carries up to three years' imprisonment, criminal detention or community supervision.
Lawful authority, official conduct and the offender's knowledge must be proved. Lawful defence against manifestly unlawful harm, objections, applications for review or proceedings, and lawful recording for oversight do not constitute this offence. Non-violent refusal of demands beyond authority shall not automatically be punished merely because national security is involved.
Intentional serious injury or killing of personnel performing duties shall be dealt with under the injury, homicide and concurrency provisions.
Section 186 [Forging, altering or trading in official documents, certificates or seals]
Forging, altering or trading in documents, certificates or seals of State organs carries up to three years' imprisonment, criminal detention or community supervision and a fine. Serious circumstances carry three to ten years' imprisonment and a fine.
Forging, altering or trading in identity cards, passports, social-security cards, driving licences or other statutory identity documents shall be punished under the preceding paragraph.
Section 187 [Serious disruption of public order]
Where a crowd, through violence, coercion or deliberate creation of major dangerous obstructions, seriously blocks public places, transport or basic services and causes major actual damage or danger to persons, organisers bearing principal responsibility and knowing active perpetrators shall receive up to five years' imprisonment, criminal detention or community supervision.
Violently storming a State organ so that core statutory functions cannot be performed and serious loss results carries five to ten years' imprisonment for ringleaders, and up to five years' imprisonment, criminal detention or community supervision for active perpetrators.
Peaceful assembly, demonstrations, strikes, reasonable short-term traffic effects, observation at the scene or merely lacking a permit shall not alone satisfy the elements. Public order measures must be lawful and proportionate; numbers or opposition to the Government alone shall not establish violent participation.
Section 188 [Collective fighting and serious harassment]
Organising, leading or actively taking part in unlawful fighting by several persons, causing actual injury or major danger to persons, carries up to three years' imprisonment, criminal detention or community supervision. Repeated conduct, weapons or serious actual danger in public places carries three to ten years' imprisonment.
Repeated unprovoked beating, chasing or interception seriously threatening another's personal safety, or forcible taking by violence or coercion or intentional large-scale destruction of public or private property, seriously harming safety and public order and not constituting a heavier offence, carries up to five years' imprisonment, criminal detention or community supervision.
Mere argument, criticism, offensive expression, different lifestyles or peaceful activity shall not be criminalised as troublemaking. Lawful defence and stopping infringement shall not constitute fighting. Serious injury, death and similar results shall be dealt with under the particular offence and concurrency rules.
Section 189 [Fabrication or deliberate dissemination of false information]
Fabricating false danger information concerning explosions, biological, chemical or radioactive threats, infectious disease, natural disaster, public emergencies or similar matters, or knowingly disseminating such false information, seriously disrupting public order, carries up to three years' imprisonment, criminal detention or community supervision. Serious consequences carry three to seven years' imprisonment.
Lawful criticism and scrutiny of the Government do not constitute this offence.
Section 190 [Organising, leading or participating in a mafia-type organisation]
A mafia-type organisation is a group of at least three persons with a relatively stable hierarchy, a purpose of continuing organised crime and an economic or unlawful-interest base, repeatedly using violence or threats to control an area or sector and seriously disrupt normal order.
Organisers and leaders shall receive at least seven years' imprisonment and confiscation. Persons actively planning, carrying out or providing important criminal support shall receive three to seven years' imprisonment and a fine or confiscation. Other persons knowingly and substantially participating in criminal activities shall receive up to three years' imprisonment, criminal detention or community supervision and a fine.
Association membership, ordinary contact or presence under coercion alone shall not establish participation. Other independently committed offences shall be punished cumulatively in accordance with the law. Where the same organisational conduct also falls under Section 190A, only the heavier provision shall apply without duplicate punishment.
Section 190A [Organising, leading or actively participating in an organised criminal group]
Where at least three persons form a group with some continuity and division of roles, primarily to obtain unlawful benefits by planned commission of offences with a statutory maximum of at least three years' imprisonment or to carry out serious violence, organisers and leaders shall receive three to ten years' imprisonment and a fine. Major harm to persons or public safety in exceptionally serious circumstances carries five to fifteen years' imprisonment and a fine or confiscation.
A person who knows that principal purpose but nevertheless actively plans, recruits, makes substantial preparations or provides indispensable criminal support shall receive up to five years' imprisonment, criminal detention or a fine. If participation in a particular offence requires a heavier penalty, that provision shall prevail. Temporary joint offending shall follow Section 35; three participants alone shall not establish the group offence.
Mere appearance on a membership list, kinship, victimhood, lawful provision of services or coerced participation shall not alone constitute this offence. Withdrawal coupled with active and effective prevention of activities may justify lighter or mitigated punishment or exemption in accordance with the law. Independently committed specific offences shall be punished cumulatively under Section 67A; the same organisational or assistance conduct shall not be evaluated twice.
Section 191 [Unlawful access to and interference with information systems and intentional online assistance]
A person who intentionally circumvents security measures or abuses expressly denied or limited authority to access or control another's information system unlawfully, causing serious damage or a specific major risk, is liable to fixed-term imprisonment of up to three years or criminal detention, and a fine. Where the offence affects critical information infrastructure for State affairs, defence, finance, energy, transport, healthcare or similar functions and the circumstances are especially serious, the penalty is three to seven years' fixed-term imprisonment and a fine.
A person who intentionally and unlawfully deletes, encrypts and locks, alters or suppresses data or interferes with a system, preventing normal operation and causing serious consequences, is liable to three to seven years' fixed-term imprisonment and a fine; especially substantial actual harm attracts five to fifteen years and a fine. Where the same conduct also constitutes extortion, Section 67A applies.
A person who, for use in an offence under either preceding paragraph, makes, sells or supplies tools principally designed or adapted for that offence or unlawful access credentials, in serious circumstances, is liable to fixed-term imprisonment of up to three years, criminal detention or a fine; especially serious circumstances attract three to seven years' fixed-term imprisonment and a fine. Lawfully authorised testing, general security tools, research and vulnerability reporting are not criminal merely because they could be misused.
A person who knows of another's specific online offence and intentionally provides substantial technical, advertising, payment or similar assistance is dealt with under Section 40 where this constitutes complicity. Independent substantial assistance separately punishable by law attracts fixed-term imprisonment of up to three years, criminal detention or a fine. Knowledge must not be presumed from ordinary services, automated processing or unverified notices; the same assistance must not be punished twice.
A service provider who breaches an express statutory security duty and, after a specific, lawful and challengeable correction order, intentionally or through gross negligence refuses correction, causing a major leak of user information or serious interruption of a critical service, is liable to fixed-term imprisonment of up to three years, criminal detention or a fine. Administrative orders must not create criminal duties or demand impossible comprehensive monitoring.
Subchapter 2 — Offences against the Administration of Justice
Section 192 [Perjury, destruction of evidence and interference with testimony]
A witness, expert or interpreter in criminal, civil, administrative or arbitral proceedings who intentionally gives false evidence, an expert opinion or interpretation to incriminate another or conceal evidence of an offence is liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years' fixed-term imprisonment.
A defence lawyer or representative who destroys or fabricates evidence, assists a party in doing so, or threatens or induces a witness to change testimony contrary to fact or give false evidence is liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years.
A person who prevents testimony or directs false testimony through violence, threats, bribery or similar means is liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years.
Section 193 [Shielding and harbouring offenders]
A person who, knowing another to be an offender, provides shelter or property, assists escape or gives false proof to shield that person is liable to fixed-term imprisonment of up to three years, criminal detention or community supervision; serious circumstances attract three to ten years' fixed-term imprisonment.
Prior agreement with the offender is punished as complicity.
Section 194 [Refusal to comply with judgments and orders]
A person able to comply with a court's effective judgment or order who refuses in serious circumstances is liable to fixed-term imprisonment of up to three years, criminal detention or a fine; especially serious circumstances attract three to seven years' fixed-term imprisonment and a fine.
Unlawful disposal of property lawfully sealed, seized or frozen, making an effective legal instrument unenforceable, is punished under the preceding paragraph.
Section 195 [False litigation]
A person who institutes civil proceedings on fabricated facts, obstructing justice or seriously infringing another's lawful rights and interests, is liable to fixed-term imprisonment of up to three years, criminal detention or a fine; serious circumstances attract three to seven years' fixed-term imprisonment and a fine.
Section 196 [Escape, rescue of persons under escort and organised prison-breaking]
A lawfully confined suspect, accused person or convicted offender who escapes is liable to fixed-term imprisonment of up to five years or criminal detention.
For forcibly rescuing a person lawfully under escort, the penalty is five to ten years' fixed-term imprisonment, or, in especially serious circumstances, fixed-term imprisonment of at least ten years or life imprisonment.
For organising a prison escape, principal organisers and active participants receive five to ten years' fixed-term imprisonment; other participants receive up to five years.
For a prison riot or an armed group attack on a prison, principal organisers receive fixed-term imprisonment of at least ten years or life imprisonment, and may receive the death penalty in especially serious circumstances; other participants receive three to ten years' fixed-term imprisonment.
Subchapter 3 — Offences against Border Administration
Section 197 [Unlawful border crossing]
A person who unlawfully crosses the national border in breach of border-management rules, in serious circumstances, is liable to fixed-term imprisonment of up to one year, criminal detention or community supervision, and a fine.
Organising others to cross unlawfully attracts two to seven years' fixed-term imprisonment and a fine; serious circumstances attract fixed-term imprisonment of at least seven years or life imprisonment, and a fine or confiscation of property.
Transporting others across unlawfully attracts fixed-term imprisonment of up to five years or criminal detention and a fine; serious circumstances attract five to ten years and a fine; causing death or especially serious circumstances attracts fixed-term imprisonment of at least ten years or life imprisonment, and confiscation of property.
Section 198 [Supplying forged or altered travel documents]
Supplying another with a forged or altered passport, visa, travel document or other entry or exit certificate attracts fixed-term imprisonment of up to three years, criminal detention or a fine; serious circumstances attract three to seven years' fixed-term imprisonment and a fine.
Subchapter 4 — Offences against Cultural Heritage Administration
Section 199 [Damage to, illicit excavation of and illicit dealing in cultural relics]
Intentionally damaging a nationally protected precious cultural relic or an immovable relic designated as a protected heritage site attracts fixed-term imprisonment of up to three years or criminal detention and a fine; serious circumstances attract three to ten years and a fine.
Illicit excavation of ancient cultural sites, tombs or human or vertebrate fossils attracts three to ten years' fixed-term imprisonment and a fine; serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment, and a fine or confiscation of property.
Illicit dealing in relics whose trade the State prohibits, in serious circumstances, attracts fixed-term imprisonment of up to five years or criminal detention and a fine; especially serious circumstances attract five to ten years and a fine.
Subchapter 5 — Offences against Public Health
Section 200 [Obstruction of infectious-disease control and quarantine]
Breaching infectious-disease law and causing the spread of a class-A disease or one lawfully subject to class-A controls, or a serious danger of its spread, attracts fixed-term imprisonment of up to three years or criminal detention; especially serious consequences attract three to seven years' fixed-term imprisonment.
Breaching border health quarantine rules and causing a quarantinable disease to spread or a serious danger of spread is punished under the preceding paragraph.
Breaching national animal or plant disease-prevention or quarantine rules and causing a major animal or plant epidemic is punished under the preceding paragraph.
Section 201 [Medical malpractice and unlawful medical practice]
A medical professional whose serious irresponsibility causes a patient's death or serious harm to health is liable to fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Unlawful medical practice without professional qualification, in serious circumstances, attracts fixed-term imprisonment of up to three years or criminal detention and a fine; serious harm to health attracts three to ten years and a fine; death attracts fixed-term imprisonment of at least ten years and a fine or confiscation of property.
Section 202 [Unlawful collection or supply of blood, tissue or human organs]
Unlawful collection or supply of blood, human cells or tissue, or organs, harming another's health, attracts fixed-term imprisonment of up to five years or criminal detention and a fine; serious harm attracts five to ten years and a fine.
Removing, transferring or using another's organs without consent is punished under the provisions on intentional injury or intentional killing.
Subchapter 6 — Offences against Environmental and Resource Protection
Section 203 [Environmental pollution]
Discharging, dumping or disposing, contrary to national provisions, of radioactive material, material containing infectious pathogens, toxic or harmful substances or other seriously polluting substances, causing serious pollution, attracts fixed-term imprisonment of up to three years or criminal detention, together with a fine, or a fine alone.
Especially serious consequences causing widespread animal or plant deaths, loss of function of important drinking-water sources or agricultural land, or human casualties attract three to ten years' fixed-term imprisonment and a fine; especially serious circumstances attract fixed-term imprisonment of at least ten years and a fine or confiscation of property.
Section 204 [Unlawful mining, occupation of land and destruction of resources]
Mining without a permit or entering a nationally planned mining area to mine without authority, contrary to mineral-resource law and in serious circumstances, attracts fixed-term imprisonment of up to three years, criminal detention or community supervision, and a fine; especially serious circumstances attract three to seven years and a fine.
Destructive extraction causing serious damage to mineral resources is punished under the preceding paragraph.
Unlawfully occupying a substantial quantity of arable land, woodland, grassland, wetland or other agricultural land, changing its use and causing extensive destruction of agricultural land or ecosystems attracts fixed-term imprisonment of up to five years or criminal detention and a fine.
Section 205 [Harm to wildlife and invasive alien species]
Unlawful hunting, fishing, felling, purchase, transport or sale of nationally protected rare or endangered wild animals, plants or their products attracts fixed-term imprisonment of up to five years or criminal detention and a fine; serious circumstances attract five to ten years and a fine; especially serious circumstances attract fixed-term imprisonment of at least ten years and a fine or confiscation of property.
Unlawful introduction or release of alien species causing major ecosystem damage attracts fixed-term imprisonment of up to three years or criminal detention and a fine.
Section 206 [False environmental assessment documents]
An intermediary organisation or its personnel undertaking environmental, nuclear-safety, geological or safety assessment who intentionally supplies false certification in serious circumstances is liable to fixed-term imprisonment of up to five years or criminal detention and a fine.
Subchapter 7 — Smuggling, Trafficking, Transporting and Manufacturing Controlled Drugs
Section 207 [Smuggling, trafficking, transporting and manufacturing controlled drugs]
A person who knows a substance to be a controlled drug listed by law or a lawfully published schedule and intentionally smuggles, traffics, transports or manufactures it without lawful medical, research or other permission is punished by law. Knowledge of the substance and the nature of the conduct must be proved; a person used as a carrier without such knowledge bears no intentional criminal liability.
For heroin, methamphetamine or cocaine measured as net drug content, less than ten grams attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; at least ten but less than fifty grams attracts three to ten years' fixed-term imprisonment and a fine; at least fifty grams attracts fixed-term imprisonment of at least ten years or life imprisonment and a fine or confiscation of property.
Below a quantity threshold, repeated sales to minors, violent coercion or organising a major criminal group causing comparably serious actual harm may justify the next higher band. Comparability must be explained specifically and the same circumstance must not raise the band twice. Transaction value alone does not replace net weight, and the same consignment must not be counted repeatedly.
At least five hundred grams, together with organising or leading an exceptionally major trafficking group, causing numerous deaths, serious injuries or other extremely serious irreversible actual harm, may attract death where the person bears principal responsibility and Section 80 is satisfied. Quantity or organisational status alone is insufficient.
Other drugs are calculated under a scientifically grounded equivalent-harm conversion table lawfully authorised and published before the conduct. Without an applicable table, proved intentional basic conduct under this Section attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; aggravated quantity bands must not be applied retrospectively by analogy. Separately prescribed actual harm or offences are dealt with lawfully. Mixture analysis must state composition, net content and uncertainty and permit review.
Section 208 [Unlawful possession of controlled drugs]
Knowing possession without lawful grounds of at least ten but less than fifty grams under Section 207's net-content and conversion rules attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; at least fifty but less than five hundred grams attracts three to seven years and a fine; at least five hundred grams attracts fixed-term imprisonment of at least seven years or life imprisonment and a fine or confiscation of property.
Possession must not be punished again alongside proved smuggling, trafficking or manufacturing of the same consignment. Lawful medical or research use and necessary control for lawful surrender or reporting are not offences. Intervention below the criminal threshold also requires law and due process.
Section 209 [Inducing, instigating, accommodating or compelling drug use]
Inducing, instigating or deceiving another to consume or inject drugs attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; serious circumstances attract three to seven years and a fine.
Compelling consumption or injection attracts three to ten years' fixed-term imprisonment and a fine.
Providing premises for consumption or injection attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; serious circumstances attract three to seven years and a fine.
Section 210 [Unlawful production, dealing in or transport of drug precursors]
Unlawful production, purchase, sale or transport of drug-making materials, or carrying them across the border, contrary to national provisions, attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; serious circumstances attract three to ten years and a fine; especially serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment and a fine or confiscation of property.
Subchapter 8 — Organising, Compelling or Inducing Prostitution and Disseminating Obscene Material
Section 211 [Organising, compelling, inducing, accommodating or procuring prostitution]
Organising prostitution attracts five to ten years' fixed-term imprisonment and a fine; serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment and a fine or confiscation of property.
Compelling prostitution attracts five to ten years and a fine; where rape, serious injury, death, compulsion of a child under fourteen or similar circumstances occur, the penalty is fixed-term imprisonment of at least ten years or life imprisonment and a fine or confiscation of property.
Inducing, accommodating or procuring prostitution attracts fixed-term imprisonment of up to five years, criminal detention or community supervision and a fine; serious circumstances attract five to ten years and a fine.
Section 212 [Unlawful dissemination of obscene material and child sexual exploitation material]
Intentionally making, selling or disseminating to the public at large, for profit, obscene material expressly defined by law, in serious circumstances, attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; especially serious circumstances attract three to ten years and a fine. Non-profit dissemination causing serious actual infringement attracts fixed-term imprisonment of up to two years, criminal detention or community supervision.
Knowingly making, obtaining for dissemination, selling or disseminating sexual exploitation material depicting persons under eighteen attracts fixed-term imprisonment of up to three years or criminal detention and a fine; organised or large-scale conduct, use of real abuse, or serious harm attracts three to ten years and a fine. Intentional unlawful acquisition or possession of such material, in serious circumstances, attracts fixed-term imprisonment of up to two years, criminal detention or a fine.
Statutory obscenity and exploitation criteria must be public and clear, distinguishing medical, educational, scientific, artistic, journalistic and judicial-evidence purposes. Private consensual exchanges between adults are not automatically criminal solely for sexual content. Accidental receipt, reasonable immediate deletion or lawful surrender to report is not knowing possession. Non-consensual intimate images follow Section 162A and the concurrence rules.
Section 213 [Obstruction of military duties and incitement to disobey military orders]
Violently or threateningly obstructing military duties attracts fixed-term imprisonment of up to five years, criminal detention or community supervision.
Intentional obstruction of military operations, transport or communications in serious circumstances attracts five to ten years' fixed-term imprisonment.
Inciting military personnel to disobey lawful orders or resist command attracts fixed-term imprisonment of up to three years or criminal detention; wartime incitement attracts three to seven years.
Section 214 [Wartime refusal or evasion of call-up or service]
Wartime refusal or evasion of call-up or military training in serious circumstances attracts fixed-term imprisonment of up to three years or criminal detention.
Wartime refusal or evasion of service in serious circumstances attracts three to seven years' fixed-term imprisonment.
Section 215 [Destruction of weapons, equipment or military facilities]
Destruction of weapons, equipment, facilities or communications impairing combat capability attracts three to ten years' fixed-term imprisonment; especially serious circumstances causing major strategic loss or casualties attract fixed-term imprisonment of at least ten years or life imprisonment. Wartime conduct or extremely serious circumstances may attract death.
Negligent commission causing serious consequences attracts fixed-term imprisonment of up to three years or criminal detention.
Section 216 [Intentional or negligent disclosure of military secrets]
Intentional disclosure attracts fixed-term imprisonment of up to five years or criminal detention; serious circumstances attract five to ten years; especially serious disclosure causing major operational loss, or wartime disclosure, attracts fixed-term imprisonment of at least ten years or life imprisonment.
Negligent disclosure attracts fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years.
Section 217 [Military impersonation and forgery of military documents or insignia]
Impersonating military personnel to obtain benefits by deception attracts fixed-term imprisonment of up to three years, criminal detention or community supervision and a fine; serious circumstances attract three to ten years and a fine.
Forging, altering, buying or selling military documents, certificates, seals, badges, rank insignia or special markings is punished under the preceding paragraph.
Section 218 [Delivery of unqualified recruits and concealment of deserters]
An official responsible for recruitment who dishonestly receives or delivers unqualified recruits, in serious circumstances, is liable to fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Knowingly concealing or employing a deserter, in serious circumstances, attracts fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Section 219 [Embezzlement]
An official who abuses office to misappropriate public or organisational property through appropriation, theft, fraud or other means commits embezzlement.
A relatively large amount or other relatively serious circumstances attracts three to ten years' fixed-term imprisonment and a fine or confiscation of property.
A large amount or other serious circumstances attracts fixed-term imprisonment of at least ten years and a fine or confiscation of property.
An especially large amount or other especially serious circumstances attracts fixed-term imprisonment of at least fifteen years or life imprisonment and confiscation of property. Extremely serious circumstances causing especially major loss to State and nationals’ interests may attract death and confiscation of property.
Amounts from repeated embezzlement not previously dealt with are aggregated.
Section 220 [Misappropriation of public funds]
An official who uses office to divert public funds for personal unlawful activity, or diverts a relatively large amount not repaid for over three months, or uses a relatively large amount for profit-making activity, is liable to fixed-term imprisonment of up to five years or criminal detention; serious circumstances attract five to ten years. A large amount, or a relatively large amount not returned, attracts fixed-term imprisonment of at least ten years or life imprisonment and a fine or confiscation of property.
Personal diversion of disaster relief, emergency rescue, flood control, preferential assistance, poverty relief, healthcare, social security or similar earmarked funds is punished more severely.
Section 221 [Private distribution of State assets or confiscated property]
Where a State organ, State enterprise, public institution or people's organisation breaches national provisions by collectively distributing State assets privately in the organisation's name, in a relatively large amount, directly responsible managers and other directly responsible persons receive fixed-term imprisonment of up to three years or criminal detention and a fine; a large amount attracts three to seven years and a fine.
Private distribution by judicial or administrative enforcement bodies of confiscated or seized property required to be paid into the Treasury is punished under the preceding paragraph.
Section 222 [Taking bribes]
An official who uses office to demand property or unlawfully accept property in return for benefits for another commits taking bribes.
An official who, contrary to rules, personally retains rebates, commissions or benefits under any name in economic or administrative dealings is punished for taking bribes.
The sentencing standards for embezzlement in this Chapter apply. Demanding bribes attracts heavier punishment.
Section 223 [Taking bribes through influence]
A close relative or other close associate of an official, or a former official or that person's close relatives, who uses advantages arising from that official's or former official's powers or status to demand or accept property for obtaining improper benefits for the person making the request, involving a relatively large amount, is liable to fixed-term imprisonment of up to three years or criminal detention and a fine; a large amount or other serious circumstances attracts three to seven years and a fine or confiscation of property; an especially large amount or other especially serious circumstances attracts fixed-term imprisonment of at least seven years and a fine or confiscation of property.
Section 224 [Giving bribes, organisational bribery and brokering bribery]
Giving property or other benefits to an official or a person specified in Section 223 to obtain improper benefits constitutes giving bribes.
A relatively large amount or other relatively serious circumstances attracts fixed-term imprisonment of up to three years or criminal detention and a fine.
A large amount or other serious circumstances attracts three to ten years' fixed-term imprisonment and a fine.
An especially large amount or other especially serious circumstances attracts fixed-term imprisonment of at least ten years or life imprisonment and a fine or confiscation of property.
A bribe-giver who voluntarily confesses before prosecution may receive lighter or mitigated punishment; where the offence is relatively minor and the disclosure is crucial to solving a major case, punishment may be mitigated or waived.
Giving property to a foreign official or an official of an international public organisation to obtain improper benefits is punished under this Section.
Where an organisation bribes to obtain improper benefits, or unlawfully pays officials rebates or commissions, the organisation receives a fine and directly responsible managers and other directly responsible personnel are punished under this Section.
Brokering bribery between parties in serious circumstances attracts fixed-term imprisonment of up to three years or criminal detention.
Section 225 [Unexplained official wealth and concealment of major assets]
Where prosecutors prove that an official's declarable assets or expenditure markedly exceed established lawful income, with a large discrepancy, and specific evidence establishes concealment of an unlawful source through false declarations, fabricated sources or concealment of material facts, they may lawfully require an explanation and investigate. Silence, imperfect recollection or a third party's refusal to cooperate alone must not establish guilt.
On proof beyond reasonable doubt, a large discrepancy accompanied by the intentional concealment described above attracts three to seven years' fixed-term imprisonment and a fine; an especially large discrepancy in especially serious circumstances attracts seven to ten years and a fine or confiscation of property. Sums proved lawful must be deducted; the scope of lawful confiscation must still be established.
Intentional breach of an express statutory declaration duty by concealing foreign deposits, immovables, investments or other major assets, in serious circumstances, attracts fixed-term imprisonment of up to two years or criminal detention and a fine. The prosecution proves the elements. Established specific embezzlement or bribery is handled under the concurrence rules without reversing the entire burden of proving guilt.
Section 226 [Recovery and oversight in embezzlement and bribery]
All unlawful proceeds and their fruits from offences in this Chapter must be recovered or restitution ordered. Where recovery is impossible, equivalent-value confiscation applies.
Every convicted offender under this Chapter additionally loses political rights; deprivation is for life on life imprisonment or death. A person sentenced to fixed-term imprisonment of at least five years, life imprisonment or death is, from completion of sentence, permanently prohibited from public office or posts in legally authorised organisations. Others are barred for at least ten years.
The Commission for Public Welfare and Integrity, prosecutors and courts independently investigate, prosecute and adjudicate within their lawful functions. No body, organisation or person may interfere.
Section 227 [Abuse of powers and gross dereliction of duties]
An official who intentionally exceeds or abuses clear statutory powers, or gravely breaches basic care duties in performing clear responsibilities, causing substantial actual harm to public property, persons or other legally protected interests legally caused by the conduct, is liable to fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Dereliction requires gross negligence: the official could foresee and avoid serious harm but markedly failed to take necessary steps. Fault must not be inferred solely from position, a later accident, project loss or missed targets.
Policy choices within authority, without conflicts, with truthful risk disclosure and reasonable professional investigation are not offences solely because results are poor. Fabricated assessments, concealed major safety dangers, dishonesty or other conduct meeting criminal elements do not enjoy that protection.
Section 228 [Intentional or negligent disclosure of State secrets]
An official or other person with lawful access who intentionally discloses State secrets is liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years.
Negligent disclosure in serious circumstances attracts fixed-term imprisonment of up to three years or criminal detention.
Disclosure to foreign institutions, organisations or persons is punished more severely under this Book's national-security offences.
Section 229 [Perverting justice and unlawful adjudication]
A judicial officer who, for private advantage or personal favour, knowingly causes an innocent person to be prosecuted, knowingly shields a guilty person from prosecution, or intentionally decides a criminal case contrary to fact and law is liable to fixed-term imprisonment of up to five years or criminal detention; serious circumstances attract five to ten years; especially serious circumstances attract fixed-term imprisonment of at least ten years.
Intentionally unlawful civil or administrative adjudication contrary to fact and law, in serious circumstances, attracts fixed-term imprisonment of up to five years or criminal detention; especially serious circumstances attract five to ten years.
Section 230 [Dereliction or abuse in enforcement of judgments and orders]
An enforcement officer whose serious irresponsibility or abuse of powers causes major loss to the lawful rights and interests of a person subject to enforcement or another party is liable to fixed-term imprisonment of up to five years or criminal detention; especially serious circumstances attract five to ten years.
Section 231 [Unlawful release and serious ill-treatment of detained persons]
A judicial officer who intentionally releases a lawfully detained person knowing there is no lawful ground is liable to fixed-term imprisonment of up to five years or criminal detention; serious circumstances attract five to ten years; especially serious circumstances attract fixed-term imprisonment of at least ten years. Executing lawful release, bail, medical or corrective decisions is not unlawful release.
Abuse of custodial office to impose serious corporal punishment, degrading treatment or deprivation of basic necessities intentionally, causing serious physical or psychological harm, attracts three to seven years' fixed-term imprisonment; especially serious circumstances attract fixed-term imprisonment of at least seven years or life imprisonment. Torture, injury or killing is dealt with under the more serious offence, without requiring serious injury or death before liability arises.
Grossly negligent breach of a clear custodial duty causing escape and serious consequences attracts fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to ten years. Reasonable resource shortages or lawful emergency lifesaving measures do not directly establish guilt.
Section 231A [Torture and compelled evidence gathering]
An official, lawful public-function holder, or person acting at their instigation, with their consent or knowing acquiescence, who intentionally inflicts severe physical or mental suffering to obtain information or confession, punish, intimidate, coerce or discriminate is liable to three to ten years' fixed-term imprisonment; especially serious harm, repeated or organised conduct attracts fixed-term imprisonment of at least ten years or life imprisonment.
Intentionally using serious violence, threats or other inhuman methods to compel a witness, victim or other person to testify, confess or provide information is punished under the preceding paragraph. Emergency, counterterrorism, orders or purported consent do not justify torture. Unavoidable consequences of punishment that comply with law and human-rights safeguards do not constitute this offence.
Serious injury or death is not required. More serious offences, such as intentional killing, follow concurrence rules. Excluding evidence does not replace criminal accountability of perpetrators.
Section 231B [Enforced disappearance]
An official or person acting with official authorisation, support or knowing acquiescence who intentionally deprives liberty and refuses to acknowledge detention or conceals whereabouts, placing the person outside legal protection, is liable to five to ten years' fixed-term imprisonment; prolonged conduct, multiple victims, children or serious harm attracts fixed-term imprisonment of at least ten years or life imprisonment.
Temporary secrecy must not exclude registration, judicial review, legal assistance or lawful notification of close relatives that a restraint exists. Ordinary register mistakes or delay without intent are not offences here. Other detention, torture or killing follows concurrence rules.
Section 232 [Dishonest commutation, parole or non-custodial execution]
A judicial officer who dishonestly grants commutation, parole or temporary execution outside prison to an ineligible offender is liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years.
Section 233 [Helping offenders evade punishment]
An official responsible for arrest, pursuit, criminal investigation or other investigation who warns an offender or provides other assistance to evade punishment is liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to ten years.
Section 234 [Dishonest failure to refer criminal cases]
An administrative enforcement officer who dishonestly fails to refer a case required by law to be referred to prosecutors or police for criminal responsibility, in serious circumstances, is liable to fixed-term imprisonment of up to three years or criminal detention; serious consequences attract three to seven years.
Section 235 [Regulatory dereliction in public affairs]
An official overseeing food, medicines, product quality, workplace safety, fire protection, customs, taxation, markets, finance, securities, networks, transport, cultural relics, environmental protection, social security, education, healthcare or similar matters whose abuse or dereliction causes a major accident or major harm is liable to fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Tolerating smuggling or counterfeit-product offences, or dishonesty in commodity inspection or animal or plant quarantine, is punished under the preceding paragraph.
Section 236 [Dereliction or abuse by public welfare and integrity supervision bodies]
The Commission for Public Welfare and Integrity and its personnel who abuse investigative, coercive or other powers to harm investigated persons' or reporters' lawful interests, in serious circumstances, are liable to fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Supervisory personnel who without justification refuse lawful reports or complaints, or conceal or destroy materials, leaving major illegality uninvestigated, are punished under the preceding paragraph.
Section 237 [Dishonesty in recruitment or admissions]
Persons responsible for civil-service recruitment, admissions, assessment or supervision who intentionally falsify qualifications, scores or materials, accept improper benefits or discriminatorily manipulate results, seriously harming fairness and statutory rights, are liable to fixed-term imprisonment of up to three years or criminal detention; serious circumstances attract three to seven years.
Grossly negligent breach of clear verification duties causing major actual harm attracts fixed-term imprisonment of up to two years or criminal detention. Reasonable professional disagreement, ordinary procedural mistakes and lawful correction do not independently constitute offences. Bribery, forgery or other concurrent offences follow the concurrence rules.
Section 238 [Dereliction causing damage to or loss of precious relics]
An official responsible for cultural relics whose serious irresponsibility causes damage to or loss of a designated precious or otherwise legally protected relic is liable to fixed-term imprisonment of up to three years or criminal detention.
Section 239 [Persons subject to military-duty offences]
This Chapter applies only to serving personnel and reservists or military civilian staff who have actually accepted a particular lawful military task and bear its statutory duties. Accompanying civilians, medical staff, journalists and contractors do not acquire full military criminal status merely through association with operations.
Specific lawful duties, capacity at the time and intent or expressly criminal negligence must be proved. Ordinary offences by military personnel follow general provisions and Section 251 jurisdiction. Manifestly unlawful military orders create no lawful duty to obey.
Section 240 [Wartime disobedience]
Wartime disobedience of a lawful military order causing major operational harm attracts fixed-term imprisonment of up to three years; serious circumstances attract three to ten years; defeat in a campaign or battle or especially major loss attracts fixed-term imprisonment of at least ten years or life imprisonment. Extremely serious circumstances may attract death.
Section 241 [Concealment or false reporting of military information]
Intentional concealment or false reporting causing major harm to military interests attracts three to ten years' fixed-term imprisonment; especially serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment. Wartime conduct causing defeat in a campaign or battle may attract death.
Section 242 [Refusal to transmit or false transmission of orders]
Refusing to transmit, or intentionally transmitting false, military orders causing major operational harm attracts three to ten years' fixed-term imprisonment; defeat in a campaign or battle attracts fixed-term imprisonment of at least ten years or life imprisonment. Extremely serious wartime circumstances may attract death.
Section 243 [Surrender]
Surrender to the enemy in wartime in breach of duties attracts fixed-term imprisonment of up to ten years; serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment; especially serious circumstances may attract death.
Service to the enemy after surrender attracts heavier punishment.
Section 244 [Wartime desertion in the face of the enemy]
Wartime desertion in the face of the enemy attracts fixed-term imprisonment of up to three years; serious circumstances attract three to ten years; defeat in a campaign or battle or casualties attract fixed-term imprisonment of at least ten years or life imprisonment. Extremely serious circumstances may attract death.
Section 245 [Military defection]
Unauthorised departure from the armed forces and defection abroad, or defection while abroad, attracts fixed-term imprisonment of up to five years or criminal detention. Serious circumstances, possession of military secrets or wartime defection attract five to ten years. Especially serious wartime circumstances attract fixed-term imprisonment of at least ten years or life imprisonment.
Section 246 [Equipment accidents and abandonment or neglect of military duties]
Breaching rules on operation, safekeeping or use of weapons, equipment or facilities, causing serious consequences, attracts fixed-term imprisonment of up to three years or criminal detention; especially serious circumstances attract three to seven years.
Unauthorised abandonment or neglect of military duties causing serious consequences attracts fixed-term imprisonment of up to three years or criminal detention; wartime conduct or especially serious circumstances attracts three to ten years.
Section 247 [Wartime acquisition or supply of military secrets for foreign recipients]
Wartime theft, espionage, purchase or unlawful supply of military secrets for foreign institutions, organisations or persons attracts fixed-term imprisonment of at least ten years or life imprisonment; especially serious circumstances causing irretrievable operational loss may attract death and confiscation of property.
Section 248 [Wartime violence against residents and pillage]
Military personnel who harm innocent residents or pillage their property in a war zone or during military tasks are liable to fixed-term imprisonment of up to five years or criminal detention; serious circumstances attract five to ten years; especially serious circumstances involving multiple serious injuries or deaths or other grave humanitarian-law violations attract fixed-term imprisonment of at least ten years or life imprisonment. Extremely serious circumstances may attract death.
Section 249 [Ill-treatment of prisoners and abandonment of wounded or sick persons]
Military personnel who abuse their position or control to ill-treat prisoners of war, causing serious physical or mental harm, receive three to ten years' fixed-term imprisonment; especially serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment. Torture, killing or grave war crimes follow the more serious provision under concurrence rules.
A person with a statutory rescue or care duty and actual capacity who intentionally abandons wounded or sick military personnel, prisoners of war or protected wounded persons, causing serious injury or death, receives three to ten years. Grossly negligent breach of a clear duty causing those results attracts fixed-term imprisonment of up to three years or criminal detention, or three to seven years in especially serious circumstances.
Lawful reasonable triage, insurmountable battlefield conditions, actual inability to assist or reasonable professional judgment do not constitute offences merely because rescue outcomes are adverse.
Section 250 [Theft or unlawful dealing in weapons, equipment or military supplies]
Theft attracts three to ten years' fixed-term imprisonment; serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment; especially serious circumstances causing major operational harm may attract death and confiscation of property.
Unlawful sale or transfer of weapons or equipment or unauthorised alteration of force equipment allocations, in serious circumstances, attracts three to ten years; especially serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment.
Section 251 [Ordinary judicial jurisdiction over military cases]
Ordinary offences and military-duty offences by military personnel are tried independently by competent ordinary courts under the Judiciary Act. Military divisions and suitably qualified judges may be established lawfully, but no military courts unestablished by organisational legislation may be created.
First instance, statutory second instance, permission appeals and Supreme Court death-sentence confirmation follow the Judiciary Act and this Code. Military command must not decide cases, direct judges or substitute orders for judicial warrants. Secrecy must be necessary and preserve effective defence and adversarial examination.
Any special wartime judicial organisation must be legislated with limited jurisdiction, independent tenure, ordinary Supreme Court supervision and full appeals. It must not extend to civilians without clear military duties or reduce constitutional and statutory minimum safeguards.
Section 251A [Genocide]
With intent to destroy wholly or substantially a national, ethnic, racial or religious group, killing members, causing serious bodily or mental harm, deliberately imposing destructive living conditions, forcibly preventing births or forcibly transferring the group's children attracts fixed-term imprisonment of at least ten years or life imprisonment.
The specific destructive intent and personal responsibility must be proved, not presumed directly from prejudice, identity or membership. Direct public incitement creating a major real danger attracts five to fifteen years' fixed-term imprisonment. Concurrent intentional killing or other offences follow the more serious provision; this Section itself adds no death penalty.
Section 251B [Crimes against humanity]
A person who knowingly participates in an organised-policy-driven widespread or systematic attack against civilians by killing, exterminatory persecution, enslavement or trafficking, unjustified deportation or forcible transfer, gravely unlawful confinement, torture, rape or comparable serious sexual violence, enforced disappearance, or grave group-based deprivation of fundamental rights connected with another listed act, is liable to fixed-term imprisonment of at least ten years or life imprisonment.
Widespread or systematic character, knowledge and specific conduct must be proved. Isolated acts follow ordinary offences; political labels do not establish this offence. More serious intentional killing or other offences follow concurrence rules.
Section 251C [Grave war crimes]
In an international or non-international armed conflict, intentional commission, substantially linked to the conflict, of any of the following attracts fixed-term imprisonment of at least ten years or life imprisonment:
(1) killing, torture, mutilation or grave sexual violence against civilians, prisoners of war, persons hors de combat or other protected persons;
(2) intentionally attacking civilians, civilian objects or protected medical or humanitarian personnel or facilities, or knowingly launching an attack with incidental civilian harm manifestly excessive in relation to concrete and direct military advantage;
(3) unlawful hostage-taking, forcible displacement, collective punishment or large-scale destruction or pillage without military necessity;
(4) starvation of civilians as a method of warfare, intentional deprivation of survival necessities or unlawful obstruction of necessary humanitarian relief;
(5) using chemical, biological or other weapons expressly prohibited by law or effective treaties of the Republic, or perfidiously killing surrendered or incapacitated persons;
(6) recruiting persons under fifteen into armed forces or groups or using them directly in hostilities; or
(7) imposing or executing penalties on protected persons without independent and fair trial.
Military objectives, necessity, proportionality, persons' status and the perpetrator's knowledge require specific proof. Ordinary war losses or lawful operations do not establish guilt by outcome alone. Lesser independently criminal conduct follows relevant provisions; more serious intentional killing or other offences follow concurrence rules.
Section 251D [Command and supervisory responsibility for grave international crimes]
A person exercising actual command or control who knows, or as a military commander ought in the circumstances to know, that subordinates are committing an offence under the preceding three Sections, torture or enforced disappearance, and who can actually prevent, protect or report but intentionally or through gross negligence fails to take necessary reasonable measures, causing the offence to occur or continue, is liable to three to ten years' fixed-term imprisonment; especially serious circumstances attract fixed-term imprisonment of at least ten years or life imprisonment.
For an ordinary civilian superior, knowledge or intentional disregard of known clear criminal information must be proved. Title, later knowledge or absence of actual control does not independently establish liability. Organisers, order-givers, instigators and intentional joint perpetrators are punished for their specific offences and intent; this Section must not reduce their proper responsibility.
Official status alone provides no immunity. Recognised international procedural immunity or transfer obligations follow effective laws and treaties; a procedural issue does not render conduct lawful.
Section 252 [Interpretation, commencement and procedural coordination]
Administrative bodies, courts and technical institutions must not invent offences, penalties or core elements. The Supreme Court may unify application within law. Medical, measurement and technical standards require express authority, publication, adversarial challenge and no adverse retrospectivity.
Unspecified offences must not be created by analogy. Prior final judgments, more lenient law and sentence adjustments follow Sections 4 and 100 of Book I. A general continuity provision does not exclude favourable review.
This Code takes effect on promulgation. New offences and harsher rules apply only to later conduct. Sections 252A to 252H apply directly pending comprehensive procedural and execution legislation. Counterterrorism, secrecy or military substantive provisions of special laws do not generally exclude these minimum safeguards.
Section 252A [Direct minimum safeguards for criminal procedure]
Investigation, prosecution, trial and execution are governed by the Constitution, Section 7 and the Judiciary Act. Police investigate lawfully, prosecutors independently prosecute and supervise, and courts adjudicate independently. Supervisory, intelligence and administrative determinations do not replace convictions.
From the earliest of first questioning, actual restraint or formal accusation, facts, legal grounds and rights to silence, counsel, interpretation and remedies must immediately be explained intelligibly and the actual time recorded. “Assisting enquiries” must not evade registration of restraint. Victims, witnesses and accused persons enjoy dignity, privacy and protection from retaliation.
Section 252B [Arrest, detention and alternatives]
Except in the case of an offence in progress, or a specific immediate risk of escape, destruction of evidence or danger to a person leaving no time for an application, arrest and continued detention require a judicial warrant. Prosecutors must be notified immediately of emergency restraint. The detained person must be brought before an independent judge for a hearing within forty-eight hours. If no order authorising continued detention has been made by that deadline, the person must be released; transfer between authorities or secrecy does not restart the period.
Detention requires specific evidence of an offence and real risks of flight, interference with witnesses, destruction of evidence or major reoffending, which less restrictive measures cannot adequately address. Courts must first consider proportionate bail, reporting or contact restrictions and must not impose security that is effectively unaffordable because of poverty. The person is entitled to counsel at the hearing, access to the basic materials supporting detention and review by the next higher court.
Each detention period is limited to thirty days; renewal requires fresh reasons establishing necessity. Before a first-instance judgment, total detention is ordinarily limited to six months. In an especially complex and serious case, where the authorities have not been dilatory, the next higher court may grant extensions after a hearing, each limited to three months. Total detention, including all time already spent in detention, must not exceed twelve months under that extension procedure. Only where life imprisonment or death is possible and specific major difficulties exist may the Supreme Court, giving particular reasons, grant one further extension of no more than six months. On expiry, necessary less restrictive measures must replace detention. Repeated discontinuance and reopening of a case must not circumvent these limits.
The fact of arrest, location and transfers must be notified promptly to the person's designated close relative. Where protection of life or evidence makes postponement necessary, a judge must authorise it for a defined period of no more than forty-eight hours; this must not prevent counsel or the judge from knowing those facts. Secret detention, torture and unregistered restraint are prohibited.
Section 252C [Counsel, interpretation and preparation of defence]
Counsel may provide prompt confidential assistance and meetings from first restraint or questioning. Communications must not be used to monitor defence. Specific evidence of counsel's own independent offence requires separate judicial authority, without general infringement of lawful professional confidentiality.
Minors, persons with serious mental disorders, persons facing life imprisonment or death and others unable to defend effectively must receive effective legal aid. Where means are insufficient and fairness requires, counsel and necessary investigation, expert and translation resources are provided free. National security, silence or formal waiver does not remove mandatory defence.
Material adverse and favourable evidence must be disclosed promptly before and after charge with reasonable preparation time. Witness safety and secrecy use the least restrictive pseudonym, limited publicity or confidential-counsel arrangements. Secret material not effectively known and challenged by accused and counsel must not be the sole or decisive basis for conviction or aggravated punishment.
Section 252D [Searches, interception and data measures]
Searches of homes, bodies or private possessions, interception, continuous tracking and access to non-public sensitive data require legal authority, specific suspicion and prior independent judicial approval specifying subject, scope, duration, retention, sharing and destruction. Each interception period is at most thirty days; renewal requires fresh necessity review. Indiscriminate population-wide surveillance is prohibited.
Where time prevents an application to avert imminent danger to life or immediate loss of evidence, minimum necessary emergency measures may be taken, but judicial confirmation must be obtained within twenty-four hours after they begin. Without timely confirmation they stop immediately; information is lawfully segregated, excluded, returned or destroyed, with supervised review records retained.
Enforcement requires inventories, records and traceable transfer, minimal disclosure of unrelated privacy, and lawful return and remedies. Inter-agency coordination, administrative listing or intelligence judgments alone do not replace judicial permission.
Section 252E [Evidence, questioning and unlawful evidence gathering]
Questioning records must show rights information, time, persons present and breaks. Substantive questioning in restraint must be continuously audio-visually recorded and safely retained; objective inability requires reasons, and deliberate non-recording must not evade scrutiny. Torture, grave threats, deprivation of basic needs, deception about rights or unlawful exchanges of benefits must not compel statements.
Statements obtained through torture or seriously inhuman methods are inadmissible as prosecution evidence. Derived evidence is also excluded unless the prosecution proves a genuinely independent lawful source. For other serious illegality, courts consider rights harm, reliability and deliberate evasion in deciding exclusion. Apparent usefulness does not remove responsibility for acquisition.
Specific legality concerns require a hearing at which the prosecution explains acquisition and lawful sources. Voluntary pleas do not replace evidence, counsel and judicial scrutiny; coerced or uncomprehended pleas may be withdrawn. Electronic evidence requires established source, integrity, custody and reviewability; algorithmic scores do not independently prove guilt.
Section 252F [Independent and timely trial and victim protection]
Cases follow public allocation rules with judicial and expert recusal. Trials are ordinarily public. Restrictions require judicial reasons and must cover only necessary child, life, privacy or genuine-secrecy protection, preserving defence, challenge and public reasoned judgment.
Charges must specify acts, offences and evidence. The accused has sufficient time and opportunity to question prosecution witnesses and present favourable evidence. Silence or insisting on trial must not aggravate punishment. Unreasonable delay requires ending unnecessary detention, correction and accountability, not indefinite waiting for implementing rules.
Victims may lawfully obtain information and participate in protection and compensation. Witnesses are protected against threats and retaliation. Protection must not make unchallenged statements the sole or decisive conviction evidence. Mediation and compensation do not replace lawful public prosecution and proof of serious offences.
Section 252G [Appeal, retrial and State compensation]
Conviction and sentence may be appealed as of right to the higher court within fourteen days after receipt of a complete, intelligible judgment and remedies notice. Time may be restored for causes not attributable to the person or ineffective defence. An appeal by the defence alone must not increase the sentence. Appeals from Intermediate Court first instance to the Supreme Court require no permission; later special remedies follow the Judiciary Act.
Retrial under Section 16 provides effective relief for favourable new evidence, decriminalisation or more lenient law and grave judicial error. Wrongful executed death sentences or other punishments require investigation, restored reputation and State compensation. Absence of individual officer fault alone does not excuse statutory compensation for unlawful restraint or conviction.
Pending complete special procedures, a right holder may directly seek release, exclusion, suspension or compensation from the deciding court or competent Intermediate Court. Courts must receive applications and give timely reasoned judgments, not refuse core remedies merely for missing detailed rules.
Section 252H [Execution, supervision and transition]
Prisons, criminal detention, community corrections and compulsory treatment follow effective judgments and law. Competent courts decide detention credit, minimum service, commutation and parole. Administration must not add time, change punishment, withhold statutory rights through labour targets or force families to bear penalties.
Persons undergoing execution receive necessary healthcare, subsistence, counsel and permitted family contact, confidential complaints and protection from retaliation. Unconvicted and convicted persons, and children and adults, are ordinarily held separately. Independent oversight may lawfully visit, investigate and request judicial protection; the complained-against institution does not decide finally.
Subsequent comprehensive procedure, execution, legal aid and compensation legislation must connect through procedures no less protective than constitutional and Code minima. Within one hundred and eighty days after promulgation of the amendment, Government must submit implementing legislation and resource plans to Parliament and publish outstanding matters. Delay does not suspend directly applicable rights or judicial duties.