Crime of defecting to the enemy and betraying the country

The specific manifestations of the crime of defecting to the enemy are as follows: First, defecting to a hostile country abroad and its controlled area; The second is to go to the hostile party at home; Third, by contacting hostile countries or enemies abroad, becoming the enemy's assistant has actually betrayed the country; Fourth, in a state of war, defecting or taking refuge in the enemy who has entered the territory, or surrendering to the enemy after being arrested or captured. The purpose of defecting to the enemy is to engage in activities that endanger national security. If you don't engage in activities that endanger national security, you envy the bourgeois way of life, pursue bourgeois democracy and freedom, or defect to the enemy for visiting relatives and friends, studying, working, inheriting property, etc. , does not constitute this crime. The subject of the crime of defecting to the enemy is the general subject, that is, China citizens who have reached the legal age of criminal responsibility and have the ability of criminal responsibility. 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. If the harm to the country and the people is particularly serious and the circumstances are particularly bad, the death penalty can be imposed. Those who commit the crime of defecting to the enemy may also have their property confiscated.

Legal basis: Article 108 of the Criminal Law of People's Republic of China (PRC): Whoever defected 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.

Article 113 of the Criminal Law of People's Republic of China (PRC): Among the above-mentioned crimes endangering national security in this chapter, except for Article 103, paragraph 2, Article 105, Article 107 and Article 109, if the harm to the country and people is particularly serious and the circumstances are particularly bad, the death penalty may be imposed. Those who commit the crimes in this chapter may also have their property confiscated.