Chapter IX Crimes of Dereliction of Duty

Article 397 Any functionary of a State organ who abuses his power or neglects his duty, thus causing heavy losses to public money or property or the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, except as otherwise specifically provided in this Law.

Any functionary of a State organ who engages in malpractice for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, except as otherwise specifically provided in this Law.

Article 398 Any functionary of a State organ who, in violation of the provisions of the Law on Guarding State Secrets, intentionally or negligently divulges State secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Any person who is not a functionary of a State organ commits the crime mentioned in the preceding paragraph shall, in the light of the circumstances, be punished in accordance with the provisions of the preceding paragraph.

Article 399 Any judicial officer who, bending the law for selfish ends or twisting the law for a favor, subjects to investigation for criminal responsibility a person he knows to be innocent or intentionally protects from investigation for criminal responsibility a person he knows to be guilty or, intentionally running counter to the facts and law, twists the law when rendering judgments or orders in criminal proceedings 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.

Whoever, in civil or administrative proceedings, intentionally runs counter to the facts and law and twists the law when rendering judgments or orders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Any judicial officer who takes a bribe and bends the law and commits any act mentioned in the preceding two paragraphs, which also constitutes a crime as provided for in Article 385 of this Law, shall be convicted and punished in accordance with the provisions for a heavier punishment.

Article 400 Any judicial officer who, without authorization, releases a criminal suspect, a defendant or a criminal held in custody 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.

Any judicial officer who, because of his gross neglect of duty, makes it possible for a criminal suspect, a defendant or a criminal held in custody to escape, if the consequences 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 10 years.

Article 401 Any judicial officer who, engaging in malpractices for personal gain, grants commutation of punishment, parole or temporary execution of the sentence outside prison to a criminal who does not meet the conditions for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 402 Any administrative law-enforcing officer who, engaging in malpractices for personal gain, does not transfer a person that should be transferred to a judicial organ according to law to be investigated for criminal responsibility, 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 serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 403 Any functionary of a relevant competent department of the State who, engaging in malpractices for personal gain and abusing his power, approves an application for the incorporation and registration of a company or an application for the issue and listing of shares or bonds submitted by a company that does not meet the conditions provided by law, thus causing heavy losses to public money or property and the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Where a department at a higher level compels a registration office and its staff member to commit the acts mentioned in the preceding paragraph, the leading members of the department who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph.

Article 404 Any tax official who, engaging in malpractices for personal gain, fails to collect or undercollects the tax payable, thus causing heavy losses to the revenue of the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 405 Any tax official who, in violation of the provisions of law and administrative rules and regulations, engages in malpractices for personal gain in selling invoices, offsetting the tax payable and making tax refund for exports, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if especially heavy losses are caused to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than five years.

Any functionaries of other State organs who, in violation of State regulations, engage in malpractices for personal gain in providing certificates for exports tax refund such as the declaration forms for exports and the verification and writing off documents for export proceeds, thus causing heavy losses to the interests of the State , shall be punished in accordance with the provisions of the preceding paragraph.

Article 406 Any functionary of a State organ who, in concluding or performing a contract, is defrauded as a result of his gross neglect of duty, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if especially heavy losses are caused to the interests of the State, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 407 Any functionary of a competent forestry department who, in violation of the provisions of the Forestry Law, issues forest tree felling licenses in excess of the approved annual felling quotas or, in violation of the regulations, arbitrarily issues forest tree felling licenses, if to such an extent as to cause serious damage to the forest, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 408 Any functionary of a State organ who is responsible for environmental protection, supervision and control, through his gross neglect of duty, causes a serious environmental pollution accident, which results in heavy losses of public or private property or the grave consequences of injuries or deaths of persons, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 409 Any functionary of an administrative department for public health who is engaged in prevention and treatment of infectious diseases, through his gross neglect of duty, causes the spread or epidemic of an infectious disease, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 410 Any functionary of a State organ who, engaging in malpractices for personal gain, violating the law and regulations on land administration and abusing his power, illegally approves the requisition or occupation of land or illegally transfers at low prices the right to the use of State-owned land, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if especially heavy losses are caused to the interests of the State or the collective, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 411 Any Customs officer who, engaging in malpractices for personal gain, connives at smuggling, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Article 412 Any officer of the department in charge of commodity inspection at the national or local level who, engaging in malpractices for personal gain, falsifies inspection results, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

The officer as mentioned in the preceding paragraph who, through his gross neglect of duty, fails to inspect the commodities that should be inspected, delays the inspection or the issuance of a certificate or issues a false certificate, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 413 Any officer of an animal and plant quarantine organ who, engaging in malpractices for personal gain, forges a quarantine result, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

Any officer as mentioned in the preceding paragraph who, through his gross neglect of duty, fails to conduct quarantine inspection of the items that should be inspected, delays the performance of quarantine inspection or the issuance of certificates, or issues false certificates, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 414 Any functionary of a State organ who, being responsible for investigating the offences such as production and sale of fake or substandard commodities, engages in malpractices for personal gain and does not perform his duty of investigation as is required by law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 415 Any functionary of a State organ who is in charge of handling passports, visa or other exit or entry certificates, knowingly grants an exit or entry certificate to a person attempting to illegally cross the national (frontier) border or, a functionary of a State organ such as the frontier authorities or a Customs office knowingly allows a person illegally crossing the national (frontier) border to pass shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 416 Any functionary of a State organ who is charged with the functions and responsibilities to rescue a woman or child who is abducted, sold or kidnapped fails to do so on receiving a request for rescue by the victim or by his or her family members or on receiving a report thereon made by any other person, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Any functionary of a State organ charged with the said functions and responsibilities who, by taking advantage of his office, hinders the rescue effort shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 417 Any functionary of a State organ, charged with the functions and responsibilities to investigate and prohibit criminal activities, who divulges information or provides convenience to criminals so as to help them escape punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; 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 418 Any functionary of a State organ who engages in malpractices for personal gain in recruiting public servants or students, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 419 Any functionary of a State organ who, through his gross neglect of duty, causes damage to or losses of precious cultural relics, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.