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What is the crime of desertion?
The subject of the crime of defecting to the enemy is a general subject, and it can only be China citizens who have reached the age of criminal responsibility and have criminal responsibility ability, because foreign citizens do not constitute this crime. Treason refers to the behavior of China citizens who defected to the enemy or hostile camp, or surrendered to the enemy after being arrested, captured or controlled by the enemy for other reasons, endangering the people and national security of China.
legal ground
Article 108 of the Criminal Law of People's Republic of China (PRC)
Those who defect to the enemy shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious or cause the armed forces, people's police or militia to defect, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
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