article 109 – draft amendment

Article 109. (Defection) If a state organ personnel, during the time of performing his public functions, leave his post without authorization and defects from the country; or if the defection takes place when he is already outside the country, he is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention, control, or deprivation of political rights; when the circumstances are serious, he is to be sentenced to not less than five years and not more than 10 years of fixed-term imprisonment.

When a state personnel handling state secrets commits the crime in the preceding paragraph, he is to be heavily punished according to the stipulations in the preceding paragraph.

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