Chapter VII Crimes of Impairing the Interests of National Defence

Article 368 Whoever by violence or threat obstructs a serviceman from performing his duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance or be fined.

Whoever intentionally obstructs military operations of armed forces, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 369 Whoever sabotages weapons or equipment, military installations or military telecommunications shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; whoever sabotages major weapons or equipment, military installations or military telecommunications shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. He shall be given a heavier punishment during wartime.

Article 370 Whoever knowingly provides substandard weapons or equipment or military installations to the armed forces shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever commits the crime mentioned in the preceding paragraph through negligence, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Where a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the first paragraph.

Article 371 Where people are gathered to assault a military restricted zone, thus severely disturbing the order of the zone, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.

Where people are gathered to disturb the order of a military administrative zone, if the circumstances are so serious that work in the zone cannot be carried on and heavy losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Article 372 Whoever impersonates a serviceman to go about and deceive people shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 373 Whoever incites a serviceman to desert from the unit or knowingly employs such a deserter, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 374 Whoever engages in malpractice for selfish ends in enlistment, accepting or sending unqualified recruits, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 375 Whoever forges, alters, buys, sells or steals or forcibly seizes the official documents, certificates or seals of the armed forces shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever illegally manufactures, buys or sells uniforms or special symbols such as number plates of vehicles of the armed forces, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.

Where a unit commits the crime mentioned in the second paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the said paragraph.

Article 376 Any reservist who refuses or escapes enlistment or military training in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any citizen who refuses or escapes military service in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 377 Whoever intentionally provides false information about the enemy to the armed forces during wartime, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 378 Whoever spreads rumors to create confusion among the troops and disturb their morale during wartime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 379 Whoever during wartime knowingly provides shelter, money or property to a serviceman who has deserted from the unit, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 380 Where a unit, during wartime, refuses to accept orders for military supplies or intentionally delays the provision of such supplies, if the circumstances are serious, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are serious, they shall be sentenced to fixed-term imprisonment of not less than five years.

Article 381 Whoever, during wartime, rejects requisition for military purposes, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.