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State Security Law Of The People's Republic Of China Ⅲ
Release Time: 2007/12/6 0:00:00        From: Made In China.com        Visits: 288589        Font Size: Large  Middle  Small

Article 25 Anyone who is compelled or induced to join a hostile organization and engaged in activities outside the territory endangering the State security of the People's Republic of China has made a faithful and timely report about the situation to an organ of the People's Republic of China stationed abroad, or after returning to the country, has made a faithful and timely report about the situation directly or through his unit to a State security organ or a public security organ shall not be prosecuted.

 

Article 26 Whoever, well aware of other persons' criminal acts of espionage, refuses to provide information while a State security organ investigates the circumstances or collects evidence from him shall be punished with administrative sanctions by his unit or the competent department at a higher level, or given a detention of not more than 15 days by the State security organ; in case the circumstances are serious, the offender shall be punished by applying mutatis mutandis the provisions of Article 162 of the Criminal Law.

 

Article 27 whoever, by means of violence or threat, obstructs a State security organ from carrying out an assignment of State security according to law shall be punished in accordance with the provisions of Article 157 of the Criminal Law.

 

Whoever intentionally obstructs aState security organ from carrying out an assignment of State security according to law without resort to violence or threat but causes serious consequences shall be punished by applying mutatis mutandis the provisions of Article 157 of the Criminal Law; in case the circumstances are not serious, the offender shall be given a detention of not more than 15 days by the State security organ.

 

Article 28 Whoever intentionally or negligently divulges State secrets concerning State security shall be given a detention of not more than 15 days by the State security organ; in case the offence constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

 

Article 29 A State security organ may search the body, articles, residence and other related places of anyone who unlawfully holds documents, materials or other articles classified as State secrets, or who unlawfully holds or uses equipment and materials specially for espionage purposes, and may confiscate such documents, materials and other articles, as well as such equipment and materials.

 

Anyone who unlawfully holds documents, materials or other articles classified as State secrets and constitutes the crime of divulging State secrets shall be investigated for criminal responsibility according to law.

 

Article 30 if the violators of this Law are from outside the territory of the People's Republic of China, they may be ordered to leave the country within a specified time limit or be deported.

 

Article 31 Any party concerned, if not satisfied with the detention decision, may apply for reconsideration within 15 days after receipt of the decision  to the organ at the next higher level over the one that has made the decision; and if  still not satisfied  with the reconsideration decision, the party concerned may bring a suit in a people's court within 15 days after receipt of the reconsideration decision.

 

Article 32 Any State security functionary who neglects his duty or engages in malpractices for personal interests, if the offence constitutes a crime, shall be punished in accordance with the provisions of Article 187 or Article 188 of the Criminal Law; Any such person who practises unlawful detention or extorts a confession by torture, if the offence constitutes a crime, shall be punished respectively in accordance with the provisions of Article 143 or Article 136 of the Criminal Law.

 

Chapter V Supplementary Provisions
Article 33 Any public security organ that carries out an assignment of State security according to the provisions of Paragraph 2, Article 2 of this Law shall be governed by the relevant provisions of this Law.

 

Article 34 This Law shall go into effect as of the date of promulgation.

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