Section 2 Crimes of Impairing Judicial Activities
Article 305
If, in the course of criminal procedures, any witness, expert witness, recorder or interpreter intentionally gives false evidence or makes a false expert evaluation, record or translation concerning circumstances that bear an important relation to a case, in order to frame another person or conceal criminal evidence, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Article 306
If, in the course of criminal procedures, any defender or agent ad litem destroys or forges evidence, assists the party concerned in destroying or forging evidence, threatens or lures witnesses to, contrary to the facts, change testimony or provide false evidence, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Where the testimony or other evidence provided, produced or cited by a defender or an agent ad litem is substantiated but not forged intentionally, such a case shall not been deemed as a crime of forgery of evidence.
Article 307
Whoever, by violence, threat, bribe or other means, hinders a witness from providing evidence or incites another person to provide false evidence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Whoever assists a party concerned to destroy or forge evidence shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial functionary who commits a crime mentioned in the preceding two paragraphs shall be given a heavier punishment.
Article 308
Whoever carries on retaliatory attacks against a witness shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Article 309
Whoever gathers a crowd to make trouble in or assault a tribunal or beats a judicial functionary, disturbs seriously the order of tribunal, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Article 310
Whoever, while clearly knowing that another person has committed a crime, provides a concealed place or property for him, assists him in fleeing or provides false evidence to protect him shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Conspirators to a crime mentioned in the preceding paragraph shall be punished as for a joint crime.
Article 311
Whoever, while clearly knowing that another person has committed a crime of espionage, and when a state security organ inquires him about relevant circumstances and collects relevant evidence from him, refuses to provide them shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 312
Whoever, while clearly knowing that it is booty obtained through a crime, conceals, transfers, purchases or sells it for the criminal shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or independently be sentenced to a fine.
Article 313
Whoever refuses to carry out legally effective judgments or orders of people's courts while he has ability to do so shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Article 314
Whoever conceals, transfers, sells or intentionally destroys the property that has been sealed up, distrained or frozen by a judicial organ shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Article 315
Any criminal who commits any of the following acts of undermining the supervising and administering order after being held in custody according to law shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years:
(1) beating the persons in charge of supervision and administration;
(2) organizing other persons under supervision and administration to undermine order of supervision and administration;
(3) gathering a crowd to make trouble, disturbing the normal order of supervision and administration; or
(4) beating or corporally punishing, or inciting another person to beat or corporally punish other prisoners or internees.
Article 316
Any criminal, defendant or suspect for a crime who escapes after being held in custody according to law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever seizes by force a criminal, defendant or suspect for a crime who is escorted on the way shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 317
Any ringleader who organizes others to flee from a prison or any active participant shall be sentenced to fixed-term imprisonment of not less than five years, and other participants shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Any ringleader who flees from a prison by insurrection or raids a prison by means of gathering a crowd and holding tools or any active participant shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; if the circumstances are especially serious, the offender shall be sentenced to death; other participants shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
