Chapter  36 Offenses Against the Computer Security

Article 358
A person who without reason by entering another’s account code and password, breaking his computer protection, or taking advantage of the system loophole of such other accesses his computer or relating equipment shall be sentenced to imprisonment for not more than three years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one hundred thousand yuan may be imposed.

Article 359
A person without reason obtains, deletes or alters the magnetic record of another’s computer or relating equipment and causes injury to the public or others shall be sentenced to imprisonment of no more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than two hundred thousand yuan may be imposed.

Article 360
A person who without reason interferes, through the use of computer programs or other electromagnetic methods, with the computer or relating equipment of another person and causes injury to the public or another shall be sentenced to imprisonment for not more that three years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one hundred thousand yuan may be imposed.

Article 361
A person who commits the offenses specified in the three preceding articles against the computers and relating equipment of a public office shall be punished by increasing the punishment up to one half.

Article 362
A person who makes computer programs specifically for himself or another to commit the offenses specified in this Chapter and causes injury to the public or another shall be punished for imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than two hundred thousand yuan may be imposed.

Article 363
The prosecution of the offenses specified in articles, 358 through 360, may be instituted only upon complaint.