STATE SECRETS: CHINA'S LEGAL LABYRINTH - HRIC

Criminal Penalties for State Secrets Crimes
20 HUMAN RIGHTS IN CHINA STATE SECRETS: CHINA’S LEGAL LABYRINTH
Finally, the Criminal Law, Article 282, also specifies that individuals can be sentenced
for “unlawfully holding” documents, materials or other objects classified as
“top secret” or “highly secret” and “refus[ing] to explain” their source or purpose. 72
This infraction can lead to sentences of up to three years’ imprisonment, criminal
detention, or public surveillance. 73 Individuals charged with removing secrets have
the burden of proving that they did not disclose the information to someone who
is not authorized for access. 74 The State Security Law, Article 20 makes it a crime
for an individual or organization to hold any documents, materials, or other articles
classified as state secrets.
CRIME PENALTY UNDER PARTICULAR CIRCUMSTANCES
Illegally stealing, gathering or Not more than 3 years’ criminal Serious circumstances: 3–7 years’
procuring state secrets 75 detention, public surveillance or imprisonment
deprivation of political rights
Unlawfully holding documents, Not more than 3 years’ criminal
materials or other objects classified detention or public surveillance
as “top secret” or “highly secret” and
refusing to explain their source or
purpose 76
Stealing, gathering or illegally 5–10 years’ imprisonment Minor circumstances: not more than
providing state secrets or 5 years’ criminal detention, public
intelligence outside the country 77 Property and belongings can also be surveillance or deprivation of
confiscated 78 political rights
Especially serious circumstances:
10 years to life imprisonment
If especially serious harm to the state
and the people is caused, or if
circumstances are especially serious:
death penalty 79
Violations of the State Secrets Law Not more than 3 years’ imprisonment Especially serious: 3–7 years’
by state personnel under serious imprisonment
circumstances and either intentionally
or negligently disclosing state secrets 80
Violations of the State Secrets Law by Not more than 3 years’ imprisonment Especially serious: 3–7 years’
non-state personnel 81 imprisonment