Public Security Administration Punishments Law of the People's Republic of China (2012 Amendment)

Public Security Administration Punishments Law of the People's Republic of China (2012 Amendment) Public Security Administration Punishments Law of the People's Republic of China (Adopted at the 17th Session of the Standing Committee of the 10th National People's Congress on August 28, 2005；amended in accordance with the Decision on Amending the Public Security Administration Punishments Law of the People's Republic of China as adopted at the 29th Session of the Standing Committee of the Eleventh National People's Congress on October 26, 2012 Order No. 67 of the President of the People's Republic of China) Contents Chapter I General Provisions Chapter II Categories and Application of the Punishments Thereto Chapter III Acts Violating the Public Security Administration and the Punishments Thereto Section 1 Acts Disrupting Public order and the Punishments Thereto Section 2 Acts Impairing Public Safety and the Punishments Thereto Section 3 Acts Infringing upon the Right of the Person or Encroaching upon Right of Property and the Punishments Thereto Section 4 Acts Impairing the Social Administration and the Punishments Thereto Chapter IV Punishment Procedures Section 1 Investigation Section 2 Decision Section 3 Execution Chapter V Supervision over Law Enforcement Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted with a view to maintaining the social security order, guaranteeing public safety, protecting the lawful rights and interests of the citizens, legal persons and other organizations, regulating and ensuring the lawful fulfillment of the public security administration duties by the public security organs and the people's policemen. Article 2 With regard to an act of disrupting public order, encroaching upon the right of the person, the right of property or impairing social administration, if it is of social harmfulness and constitutes any crime as provided for in the Criminal Law of the People's Republic of China, it shall be subject to criminal liabilities. If it is not serious enough to be subject to a criminal punishment, it shall, in accordance with this law, be subject to public security punishment by the public security organ. Article 3 The provisions of this Law shall apply to the procedures for the public security administration punishments. If any matter is not covered by this Law, the relevant provisions ofthe Administrative Punishment Law of the People's Republic of China shall apply. Article 4 This Law shall apply to the acts violating the public security administration within the territory of the People's Republic of China unless it is otherwise provided for in any law. This Law shall apply to the acts violating the public security administration that occur in the vessels and aircrafts of the People's Republic of China unless it is otherwise provided for in any law. Article 5 The public security administration punishments shall be based on facts and shall be suitable for the nature and circumstances and extent of harm to the society caused by the act violating the public security administration. The imposition of public security administration punishments shall be open and impartial, shall respect and guarantee human rights and shall protect the personal dignity of the citizens. The principle of combining education with punishments shall be observed in tackling security cases. Article 6 The people's governments at all levels shall strengthen the comprehensive control of social security, shall take effective measures to solve social contradictions, enhance social harmony and maintain social stability. Article 7 The public security department of the State Council shall be responsible for the public security administration throughout the country. The public security organs of the people's governments at all levels shall be responsible for the public security administration within their respective administrative division. The jurisdiction of security cases shall be forest forth by the public security department of the State Council. Article 8 Where an act violating public security administration causes any damage to any other person, the violator or its guardian shall bear civil liabilities under the law. Article 9 With regard to the acts violating public security administration, such as fight and destroy of property of any other person due to civil disputes, if the circumstances are lenient, the public security organ may solve them by mediation. Upon mediation of the public security organ, if the parties concerned reach an agreement, it shall be exempted from punishment. If no agreement is reached, or if an agreement has been reached but not executed, the public security organ may punish the violator of public security administration in accordance with this Law and inform the parties concerned that they may lodge a civil lawsuit in the people's court for the civil dispute concerned. Chapter II Categories and Application of the Punishments Thereto Article 10 The public security administration punishments are classified into the following categories: (1)Warning; (2)Pecuniary penalty; (3)Administrative detention; and (4)Revocation of the license issued by the public security organ; Any foreigner who violates the public security administration may be given an additionally applicable time limit for exiting China or being expelled from China. Article 11 The drugs, obscene articles and other prohibited articles, gambling tools, gambling stakes, tools for drug injection, and all the tools of the violator directly used for committing a violation of the public security administration that are discovered in a public security case shall be confiscated and disposed of in accordance with the relevant provisions. The properties gained by violating the public security administration shall be confiscated and returned to the victim. If there is no victim, the properties shall be recorded down and shall be auctioned openly or shall be disposed of in accordance with the relevant provisions of the state, and the proceeds therefrom shall be turned over to the state treasury. Article 12 Where a person who attains to the age of 14 but is less than 18 years old violates public security administration, he shall be given a lighter or mitigated punishment. Where a person who is less than 14 years old violates public security administration, he (she) shall be immune from punishment, but his guardian shall be ordered to offer him strict custodian education. Article 13 If a mentally insane patient causes any harmful consequences at a time when he (she) is unable to understand or control his own conduct, he shall be immune from punishment, but his (her) guardian shall be ordered to keep him under strict watch and control and give him medical treatment. An intermittently mentally insane patient shall be punished if he (she) violates the public security administration when he is in a normal mental state. Article 14 A blind or deaf-and-mute person who violates the administration of public security may be given a lighter or mitigated punishment or may be exempted from punishment. Article 15 An intoxicated person who violates the administration of public security shall be punished. As to any intoxicated person who may face danger himself (herself) or cause danger to the body or property of any other person or to the public safety, a protective measure shall be taken to control him (her) until he (she) sobers up. Article 16 Where a person commits two or more acts violating public security administration, rulings shall be made separately but shall be executed concurrently. The maximum time period for the concurrently executed punishments as administrative detention shall not exceed 20 days. Article 17 Where 2 or more persons jointly commit a violation of public security administration, they shall be punished separately on the basis of their respective role in the violation. Any person who instigates, coerces or induces any other person to violate public security administration, he (she) shall be punished according to the act he has instigated, coerced or induced. Article 18 Where an entity violates public security administration, the directly liable person-in-charge of the entity and other directly liable persons shall be punished in accordance with this Law. Where any other law or administrative regulation prescribes any punishment on the same violation, the other law or administrative regulation shall prevail. Article 19 Under any of the following circumstances, the violator of public security administration shall be given a mitigated punishment or may be exempted from punishment: (1)The circumstances are extremely lenient; (2)The violator has eliminated or mitigated the consequences of the illegal act on his own initiative and has obtained the understanding of the victim; (3)He (She) committed the violation because he (she) is forced or induced to do so; (4)He (She) surrenders himself to justice and faithfully makes a statement about the violation to the public security organ; and (5)He (She) has performed meritorious services. Article 20 Under any of the following circumstances, a violator of public security administration shall be given a heavier punishment: (1)Having caused rather serious consequences; (2)Instigating, coercing or inducing any other person to violate public security administration; (3)Revenging on the person who reported the case to the public security organ, the accuser, informant or witness; (4)Having ever been subjected to any public security administration punishment within 6 months. Article 21 Where a violator of public security administration is under any of the following circumstances, if he should be given a punishment of administrative detention under this Law, the punishment of administrative detention shall not be executed: (1)He (She) attains to the age of 14 but is under the age of 16; (2)He (She) attains to the age of 16 but less than the age of 18 and violates public security administration for the first time; (3)He (She) attains to the age of 70 or more; or (4)She (is) pregnant or is breast-feeding her baby of less than 1 year old. Article 22 Where any violation of public security administration has not been found by the public security organ within 6 months, no punishment may be given thereafter. The time period as provided for in the preceding paragraph shall be counted from the day when the violation is committed. If the violation is continuous or in a state of continuity, the time period shall be counted as of the day when the violation ends. Chapter III Acts Violating Public Security Administration and the Punishments Thereto Section 1 Acts Disrupting Public Order and the Punishments Thereto Article 23 Where a person commits any of the following acts, he shall be given a warning or a pecuniary penalty. If the circumstances are serious, he (she) shall be detained for not less than 5 days but not more than 10 days and may be fined 500 yuan: (1)He (she) disturbs the order of any organ, social organization, enterprise or public institution and makes it impossible for the work, production, business, medical services, teaching or scientific research to proceed normally, but has not caused any serious loss; (2)He (She) disturbs the order of any bus station, port, dock, civil airport, emporium, park, exhibition hall or any other public place; (3)He (She) disturbs the order of any bus, trolleybus, train, ship, aircraft or any other means of public transport; (4)He (She) illegally stops or board any slowly going motor vehicle, ship, aircraft or any other means of transport and affects the normal operation of the means of transport; or (5)He (She) disturbs the order of any on-going election. The principal violator who gathers a crowd to commit any of the acts as mentioned in the preceding paragraph shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1, 000 yuan. Article 24 Where a person commits any of the following acts to disturb the order of a cultural activity, sport or any other large scale mass activity, he (she) shall be given a warning or fined not more than 200 yuan. If the circumstances are serious, he (she) be detained for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan: (1)Entering into the venue by force; (2)Setting off fireworks and firecrackers or other articles in a prohibited area by violating relevant provisions; (3)Showing any insulting banner, scroll or other article; (4)Besieging any referee, athlete or other working personnel; (5)Throwing sundries into the arena and refusing to stop doing so after being ordered to stop; or (6)Other acts disturbing the order of large scale mass activities. Where a person is given a punishment of detention due to disturbing the order of a sport game, he (she) may ordered not to enter into gymnasiums to watch games of the same type. If he enters into a gymnasium by violating the provisions, he shall be forced to leave the venue. Article 25 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan. If the circumstances are relatively lenient, he (she) shall be detained 5 days or less or be fined not more than 500 yuan: (1)Intentionally disturbing public order by spreading any rumor, giving false information about the situation of any risk, epidemic disease or emergency, or by any other means; (2) Disturbing public order by throwing any fake explosive, toxic, radioactive or caustic substances, or any fake infectious disease pathogen; (3) Disturbing public order by threat to set fire, blast or throw dangerous substances. Article 26 Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan. If the circumstances are quite serious, he (she) shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1, 000 yuan: (1)Gang-fighting; (2)Chasing or heading off any other person; (3)Forcibly taking or demanding, willfully damaging, destroying or appropriating any public or private property; (4)Other acts of picking a quarrel and making trouble. Article 27 Anyone who commits any of the following acts may be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 1, 000 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than 5, 00 yuan: (1)Organizing, instigating, intimidating, inducing or inciting any other person to carry out activities of any cult or superstitious sect or secret society, or disturbing the social order or impairing the health of any other person by using any cult, or superstitious sect or secret society, or superstitious activity; or (2)Disturbing the social order or impairing the health of any other person in the name of any religion or Qigong. Article 28 Where anyone, who deliberately interfere with the operation of any normal radio business or produces harmful interference to any normally operating radio station by violating the provisions of the state, fails to adopt effective measures to eliminate the interference after the relevant administrative organ points it out. If the circumstances are serious, he (she) shall be detained for not less than 10 days but not more than 15 days. Article 29 Anyone who commits any of the following acts shall be detained for not more than 5 days. If the circumstances are relatively serious, he (she) shall be detained for not less than 5 days but not more than 10 days: (1)Invading a computer information system and causing any damage by violating the provisions of the state; (2)Deleting, modifying, increasing or interfering with the functions of a computer information system and making the computer information system impossible to operate normally by violating the provisions of the state; (3)Deleting, modifying or adding the data memorized, processed or transmitted in a computer information system, and the application programs of the computer information system; or (4)Deliberately making and spreading any destructive programs such as computer virus and affecting the normal operation of a computer information system. Section 2 Acts Impairing Public Safety and the Punishments Thereto Article 30 Anyone who produces, buys, sells, preserves, transports, mails, carries, uses, offers or disposes of any dangerous substance, such as explosive, toxic, radioactive or caustic substances or infectious disease pathogens, he (she) shall be detained for not less than 10 days but not more than 15 days. If circumstances are relatively lenient, he (she) shall be detained for not less than 5 days but not more than 10 days. Article 31 Where any dangerous substance, such as explosive, toxic, radioactive or caustic substances or any infectious disease pathogen, are stolen, robbed or lost, if the liable person fails to report according to the relevant provisions, he (she) shall be detained for not more than 5 days. If he (she) deliberately conceals the fact so as not to report, he (she) shall be detained for not less than 5 days but not more than 10 days. Article 32 Anyone who illicitly carries any gun, ammunition, crossbow, dagger or any other tool controlled by the state shall be detained for not more than 5 days, and may be concurrently fined 500 yuan. If the circumstances are lenient, he (she) shall be given a warning or be fined not more than 200 yuan. Anyone who illicitly carries any gun, ammunition, crossbow, dagger or any other tool controlled by the state into a public place or public transport tool shall be detained for not less than 5 days but not less than 10 days and may be concurrently fined 500 yuan. Article 33 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days: (1)Stealing, damaging or destroying any public facilities for oil and gas pipeline, electricity and telecom, radio and television facilities, water conservancy and flood prevention engineering or facilities for hydrological monitoring and measurement, weather observation and forecast, environment monitoring, geographical monitoring or earthquake monitoring; (2)Removing, damaging or destroying any border mark and facilities such as boundary tablet, boundary marker, or indicating facilities for territorial land or territorial sea; or (3)Illicitly carrying out any activity that may affect the direction of the border (boundary) line or build any facilities that may hamper the border (boundary) administration. Article 34 Anyone who steals, damages or illegally moves any aviation facilities in use, or forces into the cockpit of any aircraft shall be detained for not less than 10 days but not more than 15 days. Where a person uses any device or tool that may affect the normal functions of the navigation system on an aircraft in use, if he (she) refuses to stop its act after being dissuaded from doing so, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan. Article 35 Where a person commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined 500 yuan. If the circumstances are relatively lenient, he (she) shall be detained for not more than 5 days or shall be fined not more than 500 yuan: (1)Stealing, damaging or destroying or illicitly removing any railway facilities, equipment, locomotive fittings and safety signals; (2)Pla......