Part Two Special Provisions
Chapter Ⅱ: OFFENCES AGAINST THE MILLITARY DUTY OR SERVICE
Article 26
A commander that starts wars without cause will be punished with death, imprisonment for life or imprisonment for not less than ten years.
Article 27
Any person who disobeys any operations order before or in the presence of the enemy shall be punished by death or imprisonment for life.
An attempt to commit the offense specified in the preceding paragraph is punishable.
Article 28
A person who takes the duty of medical affairs in wartime deserts injured soldiers and will be punished with imprisonment for not less than one year and not more than seven years.
If the death results from the commitment of the offence, the offender shall be punished with imprisonment for life or imprisonment for not less than seven years; if serious bodily harm results, the offender shall be punished with imprisonment for not less than three years and not more than ten years.
Article 29
A person who takes the duty of service on the military vessel, aircrafts, tank, gun tank, armored vehicles, arms, ammunition, or other important military facilities and materials do not fulfill the duty, or know the damage of the machinery without report and put the executants in danger shall be punished with imprisonment for not more than five years.
If the death of the executants results from the commitment of the offence of the preceding paragraph, the offender shall be punished with imprisonment for life or imprisonment for not less than seven years; if the executants have serious harmful results, the offender shall be punished with imprisonment for not less than three years and not more than ten years.
Article 30
A person who provides the troops with harmful food or other things will be punished with imprisonment for not more than seven years.
If the death of the executants results from the commitment of the offence against the preceding paragraph, the offender shall be punished with imprisonment for life or imprisonment for not less than seven years; if the executants have serious harmful results, the offender shall be punished with imprisonment for not less than three years and not more than ten years.
An attempt to commit an offence specified in the first paragraph is punishable.
Article 31
A person who discards a document, plan, information, electromagnetic record, or other things shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan. A person who discards the materials in the preceding paragraph to an enemy shall be punished with imprisonment for not more than seven years.
A person who commits the offences in the two preceding paragraphs unpremeditatedly and causes injury to the military interests shall be punished with imprisonment for not more than two years, detention, or a fine of not more than 200,000 yuan.
A person who commits the offence in the two preceding paragraphs in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years; if the offence caused injury to military interest shall be punished with death, imprisonment for life or imprisonment for not less than ten years; a person who commits the offence in the third paragraph shall be punished with imprisonment for not less than one year and not more than seven years.
Article 32
A person who takes the duty of supplying or transporting arms, ammunition, food, coverlets and clothes and other important materials for military use causes the lack or delay without reasons and causes the injury of the military shall be punished with imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the preceding paragraphs unpremeditatedly shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who commits the offence in the first paragraph in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years; if he committed the offence in the second paragraph in wartime shall be punished with imprisonment for not less than three years and not more than ten years.
Article 33
A person, the prisoner in custody and sets free or facilitates his escape shall be punished with imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the preceding paragraphs unpremeditatedly shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan.
An attempt to commit an offence specified in the preceding paragraph is punishable.
Article 34
A guard, sentry, or a person who takes the duty of guarding on the alert neglects the duty for sleep, drunkenness or other similar situations and causes injury to military interests shall be punished with imprisonment for not more than five years.
A person who commits the offence in the preceding paragraph in wartime shall be punished with imprisonment for not less than one year and not more than seven years; if the offence causes the injury to the military shall be punished with imprisonment for life or imprisonment for not less than seven years.
A person who commits the offences in the first paragraphs unpremeditatedly in wartime shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
Article 35
A guard, sentry, or a person who takes the duties of guarding on the alert, transmitting or dispatching orders makes unauthorized absence or departure form the duty shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the preceding paragraphs unpremeditatedly and caused the injury to the military shall be punished with imprisonment for not more than six months, detention, or a fine of not more than 50,000 yuan.
A person who commits the offences in the first paragraphs in wartime shall be punished with imprisonment for not more than five years. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than one year and not more than seven years.
A person who commits the offences in the first paragraph unpremeditatedly in wartime shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
Article 36
A person who is against the requlations prevent those personsfrom on duty handing over the duty shall be punished with imprisonment for not more than one year, detention, or a fine of not more than 100,000 yuan. If the offence caused the injury to the military shall be punished with imprisonment for life or imprisonment for not less than one year and not more than seven years.
The code shall apply to the offender who cause to be against other duty.
Article 37
A person who pretends to be sick, hurt, or other acts of malingering to escape the duty shall be punished with imprisonment for not less than one year and not more than seven years.
An attempt to commit an offence specified in the preceding paragraph is punishable.
Article 38
A person who by fraud or other illegal means avoids all or part of important military duties shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
An attempt to commit an offence specified in the preceding paragraph is punishable.
Article 39
A person who tries to get rid of military service over a long period of time or to escape to assume service shall be punished with imprisonment for not more than five years; if the escaping person return within six days may have the reduced punishment reduced.
A person who commits the offences in the preceding paragraph in wartime shall be punished with imprisonment for life or imprisonment for not more than ten years.
An attempt to commit an offence specified in the two preceding paragraphs is punishable.
Article 40
A person who leaves the position in service without reasons or does not assume his /her service over six days shall be punished with imprisonment for not more than three years, detention, or a fine of not more than 300,000 yuan.
A person who leaves the position in service without reasons or does not assume service over six days in wartime shall be punished with imprisonment for not less than three years and not more than ten years.
A person who leaves the position in his /her without reasons or does not to assume service over thirty days or of which over six days in wartime shall be punished according to the preceding regulation.
Article 41
A person who takes out military armaments, ammunition or other materials and leaves the position in service without reasons or does not assume service shall be punished with imprisonment for not less than seven years. If the person who commits the offences in the preceding paragraph in wartime shall be sentenced to death, imprisonment for life or imprisonment for not less than ten years.
A person who commits the offences in the preceding paragraph confesses the crime and surrenders the arms may have his /her punishment reduced or remitted; if such person confessed during investigation or trial and surrenders the arms may have the reduced punishment.
An attempt to commit an offence specified in the first paragraph is punishable.