Part Two Special Provisions
Chapter Ⅳ: OFFENCES AGAINST THE MILLITARY DUTY OF SUBORDINATE
Article 47
A person who disobeys the military orders of which transmitted or announced from higher authorities or within the commander's powers shall be punished imprisonment for not more than five years.
A person who commits the offences in wartime shall be punished with death or the imprisonment for life.
A person who commits the offence unpremeditatedly and causes the injury to the military interest shall be punished with imprisonment for not less than five years and not more than twelve years.
If the offender voluntarily and timely executes the duty that needn’t be executed immediately when the offence of the first paragraph was committed may have the punishment reduced or remitted.
Article 48
A person who participates in an open assembly with offence of the first paragraph shall be punished with imprisonment for not less than one year and not more than seven years; the ringleader shall be punished with imprisonment for not less than three years and not more than ten years.
If the offence in the preceding paragraph committed in wartime shall be punished with death, imprisonment for life or imprisonment for not less than ten years; the ringleader shall be punished with death or imprisonment for life.
Article 49
A person who uses violence, threat to a commander or puts the commander in fear shall be punished with imprisonment for not less than one year and not more than seven years.
A person who commits the offence of the preceding paragraph in wartime shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
A person who commits the offence in the first paragraph to the senior officer shall be punished with imprisonment for not more than three year, detention, or a fine of not more than 300,000 yuan. If the offence committed in wartime shall be punished with imprisonment for life or imprisonment for not less than seven years.
An attempt to commit an offence specified in the three preceding paragraphs is punishable.
Article 50
A person who participates in an open assembly and commits the offence of the preceding paragraph shall be punished with imprisonment for not less than one year and not more than seven years; the ringleader shall be punished with imprisonment for not less than seven years; a person who actually commits shall be punished with imprisonment for not less than five years.
A person who is involved and commits the offence of the preceding paragraph in wartime shall be punished with death, imprisonment for life; the ringleader shall be punished with death, imprisonment for not less than seven years; a person who actually commits shall be punished with death, imprisonment for life or imprisonment for not less than ten years.
An attempt to commit an offence specified in the two preceding paragraphs is punishable.
Article 51
A person who commits the offence in the two preceding paragraph may have the reduced punishment because of extenuating circumstances.
Article 52
A person who publicly insults a commander 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 publicly insults a senior officer shall be punished with imprisonment for not more than one year, detention or a fine of not more than 100,000 yuan.
A person who by circulating a writing, drawing, speech or other means commits an offence specified in the two preceding article shall have the punishment increased up to one half.
Prosecution for an offence specified in the three preceding articles may be instituted only upon complaint.