Capital offences in China
Crimes punishable by death
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Through Separatism, Rebellion and Riot
List of capital offenses
Crimes Endangering National Security
Endangering national security is among the crime categories included in the 1997 revision of China's criminal code. It comprises Articles 102 to 113 of the 1997 Criminal Law and imposes the confiscation of property as a supplementary penalty. The crimes included are:
- Treason
- Separatism
- Armed rebellion, rioting
- Collaborating with the enemy
- Spying
- Selling state secrets
- Providing material support to the enemy
Crimes Endangering Public Security
- Arson
- Flooding
- Bombing
- Spreading dangerous substances (e.g., radioactive, toxic, pathogenic)
- Endangering public safety through dangerous means
- Sabotaging electricity equipment
- Sabotaging gas, fuel, petroleum, or other flammables or explosives
- Sabotaging transport vehicles
- Sabotaging transport equipment
- Hijacking aircraft
- Illegal manufacturing, selling, transport, postal delivery, or storage of firearms, ammunition or explosives
- Illegal manufacturing, selling, transporting or storing dangerous materials
- Theft or snatching of firearms, ammunition, explosives or other dangerous substances
- Robbery of firearms, ammunition, explosives or other dangerous substances
Economic crimes
- Production or sale of counterfeit medicine
- Production or sale of poisonous or hazardous food products
Crimes against people
- Intentional homicide
- Intentional assault causing death or causing permanent disability through cruel means
- Rape
- Kidnapping
- Trafficking women and children
Crimes against property
Crimes against public order
- Violent prison escape
- Raiding a prison
- Smuggling, selling, transporting or manufacturing illegal drugs
Crimes against national defense
- Sabotaging weapons, military installations, or military communications
- Providing substandard weapons or military installations
Corruption and bribery
- Embezzlement
- Accepting bribes
Breach of duty by soldiers
- Insubordination
- Concealment or false reporting of military intelligence
- Refusing to pass or falsely passing orders
- Surrender
- Cowardice on the battlefield
- Defection with aircraft or ships
- Stealing or illegally providing military secrets to foreign institutions, organizations or individuals
- Theft or snatching of military weaponry or materiel
- Illegally selling or transferring military weaponry or equipment
- Killing innocent inhabitants of war zones or looting their property
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Former capital offences
A 2011 amendment to this law for the purpose of legal provisions improvement reduced the number of capital crimes by 13 and gave more lenient punishments to minors and the elderly (75 years old and above). The crimes no longer punishable by death are as follows:
- Trafficking cultural artefacts
- Trafficking precious metals
- Trafficking precious animals or precious animal products
- Trafficking general goods or objects
- Cheque fraud
- Financial certificate fraud
- Letter of credit fraud
- Fraudulently issuing dedicated value-added tax invoices to obtain tax refunds for export, or fraudulently issuing tax deduction invoices
- Forging or selling forged dedicated value-added tax invoices
- Theft of financial institutions or precious cultural artefacts
- Teaching techniques of committing crimes
- Plundering ruins of ancient cultures or ancient tombs
- Plundering fossils of ancient humans or ancient vertebrates
In 2015, the criminal code was amended to remove nine capital offenses:
- Smuggling weapons or ammunition
- Smuggling nuclear materials
- Smuggling counterfeit money
- Counterfeiting
- Investment fraud/fraudulent fundraising
- Organizing prostitution
- Forcing prostitution
- Obstructing military affairs
- Spreading rumors and undermining morale during wartime
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