Chapter V Crimes of Encroaching on Property

Chapter V Crimes of Encroaching on Property

Article 263. Those robbing public or private property using force, coercion, or other methods are to be sentenced to three to 10 years in prison in addition to fine. Those falling in one or more of the following cases are to be sentenced to 10 years or more in prison, given life sentences, or sentenced to death, in addition to fines or confiscation of property:

(1) those intruding into others’ houses to rob;
(2) those committing robbery on public transportation vehicles;
(3) those robbing banks or other financial institutions;
(4) those committing several robberies or robbing large amounts of money or other properties;
(5) those causing serious injuries to or death while robbing;
(6) those committing robbery posing as servicemen or policemen;
(7) those committing robbery using guns;
(8) those robbing materials for military use, or materials for fighting disasters or relieving disaster victims.

Article 264. Those who steal relatively large amounts of public or private property and money or have committed several thefts are to be sentenced to three years or fewer in prison or put under criminal detention or surveillance, in addition to fines; or are to be fined. Those stealing large amounts of property and money or involving in other serious cases are to be sentenced to three to 10 years in prison, in addition to fines. Those stealing extraordinarily large amounts of property and money or involving in especially serious cases are to be sentenced to 10 years or more in prison or given life sentences, in addition to fines or confiscation of property. Those falling in one or more of the following cases are to be given life sentence or sentenced to death, in addition to confiscation of property:

(1) Those stealing extraordinarily large amounts of money and property from financial institutions;
(2) those committing serious thefts of precious cultural relics.

Article 265. Those stealing others’ communication lines or reproducing others’ telecommunication codes for the purpose of making profits, or those using telecommunication equipment or facilities knowing that they are stolen or reproduced are to be convicted and punished according to article 264 of this law.

Article 266. Those defrauding relatively large amounts of public or private money and property are to be sentenced to three years or fewer in prison or put under criminal detention or surveillance, in addition to fines; or are to be fined. Those defrauding large amounts of money and property or having involvement in other serious cases are to be sentenced to three to 10 years in prison, in addition to fines. Those defrauding extraordinarily large amounts of money and property or involving in especially serious cases are to be sentenced to 10 years or more in prisonor given life sentences, in addition to fines or confiscation of property.

If cases are governed by other stipulations of this law, those stipulationsshall apply.

Article 267. Whoever seizes public and private property, and the amountinvolved is quite large, is to be sentenced to not more than three years offixed-term imprisonment, criminal detention, or control; and may also besentenced to a fine, additionally or exclusively. When the amount involvedis huge and the other circumstances are serious, the sentence is to be notless than three years but not more than 10 years of fixed-term imprisonmentin addition to a fine. When the amount involved is particularly huge andthe other circumstances are particularly serious, the sentence is to be notless than 10 years of fixed-term imprisonment, or life imprisonment, inaddition to a fine or confiscation of property.

Whoever commits the crime with a lethal weapon is to be convicted andpunished according to the regulations in Article 263 of this law.

Article 268. In cases where a crowd is assembled to seize public ofprivate property, and the amount involved is quite large and the othercircumstances are serious, ringleaders and other active participants are tobe sentenced to not more than three years of fixed-term imprisonment,criminal detention or control, in addition to a fine; and the sentence isto be not less than three years and not more than 10 years, in addition toa fine, when the amount involved is huge and the other circumstances areparticularly serious.

Article 269. Whoever commits the crimes of theft, fraud, or forcible seizure, and uses violence, or threats to use violence, at the scene in order to conceal booty, resist arrest or destroy criminal evidence, is to be convicted and punished in accordance with Article 263 of this Law.

Article 270. Whoever illegally takes over another person’s property in the latter’s custody, and the amount involved is relatively large, and refuses to return it, is to be sentenced to not more than two years of fixed-term imprisonment, criminal detention, or a fine; when the amount involved is huge and the other circumstances are serious, the sentence is to be not less than two years but not more than five years of fixed-term imprisonment, in addition to a fine.

Whoever illegally takes over someone’s property which the latter forgets to pick up, or the property someone had buried, and the amount involved is relatively large, and refuses to return it, is to be punished according to the preceding paragraph.

The crimes in this article will not be prosecuted unless a complaint is filed.

Article 271. In cases where a person of a company, enterprise, or any unit, takes over the unit’s property by taking advantage of his office, and the amount involved in quite large, he is to be sentenced to not more than five years of fixed-term imprisonment, or criminal detention; when the amount involved is huge, the sentence is to be not less than five years, and may be in addition to confiscation of property. When personnel engage in public service in state-owned corporations, enterprises, or other state-owned units; or when personnel of these corporations, enterprises and units assigned to engage in public service in nonstate-owned corporations, enterprises, or other units themselves as stated in the preceding paragraph, they are to be convicted and punished according to regulations in Articles 382 and 383 of this law.

Article 272. When personnel of companies, enterprises, and other units, who take advantage of their offices to misappropriate their units’ funds for their own use or for lending to others, and the amounts involved are relatively large and have not been returned for a period of over three months; or, when the period is shorter than three months but the amounts involved are quite large and the money is used for unlawful profit-making activities, they are to be sentenced to not more than three years of fixed-term imprisonment or criminal detention; those who misappropriate huge amounts of their units’ funds, or those whose misappropriations are large and who refuse to return them are to be sentenced to not less than three years but not more than 10 years of fixed-term imprisonment.

Personnel engaged in public service in state-owned corporations, enterprises and other state-owned units, and personnel state-owned corporations, enterprises and other state-owned units assigned to engage in public service at nonstate-owned corporations, enterprises and other units as stated in the preceding paragraph are to be convicted and punished according to the regulations in Article 384 of this Law.

Article 273. Those directly responsible for misappropriating state fundsand materials allocated for disaster relief, emergencies, flood control,allowances for disabled servicemen and the families of revolutionarymartyrs and servicemen, aid-the-poor programs, resettlement, and socialrelief, when the circumstances are serious and have caused major damage tothe interests of the state and the people, are to be sentenced to not morethan three years of fixed-termed imprisonment or criminal detention; whenthe circumstances are particularly serious, the sentence is to be not lessthan three years but not more than seven years of fixed-term imprisonment.

Article 274. Whoever extorts public or private property by blackmail, andthe amount involved is quite large, is to be sentenced to not more thanthree years of fixed-termed imprisonment, criminal detention, or control;when the amount involved is huge and the other circumstances are serious,the sentence is to be not less than three years but not more than 10 yearsof fixed-term imprisonment.

Article 275. Whoever intentionally destroys public or private propertyand the amount involved is quite large and the other circumstances areserious is to be sentenced to not more than three years of fixed-termimprisonment, criminal detention, or a sentence of a fine; when the amountinvolved is huge and the other circumstances are particularly serious, thesentence is to be not less than three years but not more than seven yearsof fixed-term imprisonment.

Article 276. Whoever destroys machinery or equipment, cruelly injures orslaughters draft animals, or uses other means to sabotage production oroperation, with the purpose of giving vent to spite, seeking revenge, orfor other personal motives, is to be sentenced to not more than three yearsof fixed-term imprisonment, criminal detention, or control; when thecircumstance is serious, the sentence is to be not less than three years but not more than seven years of fixed-term imprisonment.


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