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How long is the sentence for bribery crime

Wang** Jiangxi Jiujiang Consultation on corruption and bribery defense 2024.05.23 12:35:00 480 people read

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Resolution:
If the amount of bribery involved in a corruption case reaches the standard of 250000 yuan, the case is deemed to be within the scope of worse circumstances.
According to the relevant legal provisions and judicial interpretations, in such cases, the parties will face severe criminal sanctions of more than three years or less than ten years' imprisonment, as well as additional penalties such as fines or confiscation of personal property.
The so-called crime of corruption refers to the illegal act of a person who is a national public official, taking advantage of his or her position to ask for property from a client, or directly and illegally accept property from another person in exchange for giving it to another person in order to obtain certain benefits in the course of performing his or her duties.
For this type of criminal act, once the court determines that he or she is guilty, he or she will usually be sentenced to fixed-term imprisonment or detention of less than three years, and he or she will also have to bear the corresponding fine;
However, if the amount involved in the case is huge, or there are other serious circumstances, the party may be sentenced to fixed-term imprisonment of more than three years to less than ten years, and also need to bear a fine or additional penalty of confiscation of personal property.
Legal basis:
Article 383 of the Criminal Law
Whoever commits the crime of corruption shall, according to the seriousness of the circumstances, be punished in accordance with the following provisions:
(1) If the amount of embezzlement is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
(2) If the amount of embezzlement is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or sentenced to confiscation of property.
(3) If the amount of embezzlement is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property;
If the amount is especially huge and causes especially heavy losses to the interests of the State and the people, he shall be sentenced to life imprisonment or death and also to confiscation of property.
Article 386
Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law on the basis of the amount and circumstances of the bribes he has received.
A heavier punishment shall be given for demanding bribes.

2024-05-23 12:36:00 Reply

According to your answer to the question below, the amount of 250000 is a huge amount of crime. According to the provisions of Amendment 9 of the Criminal Law, the perpetrator will be investigated for criminal responsibility between 3-10 years of imprisonment.
According to the Criminal Law
In accordance with the provisions of Article 386, anyone who commits a crime shall be punished in accordance with the amount of income and the circumstances and the provisions of Article 383 of this Law. A heavier punishment shall be given for demanding bribes. And the content of Article 383 of the Criminal Law is exactly the provisions on crime sentencing.
Although the Ninth Central Committee of the Criminal Law did not clearly write the revised content of crime sentencing, it did have content about crime sentencing. According to the provisions of the Criminal Law, that is, the sentencing of crimes has been revised.
Amendments to the Criminal Law
(9) IV
14、 Article 383 of the Criminal Law is revised to read: "Whoever commits a crime shall, according to the seriousness of the circumstances, be punished in accordance with the following provisions:

(1) If the amount is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

(2) If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or sentenced to confiscation of property.

(3) If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property; If the amount is especially huge and causes especially heavy losses to the interests of the State and the people, he shall be sentenced to life imprisonment or death and also to confiscation of property.
"Those who have not been dealt with for many times shall be punished according to the accumulated amount.
"Offenders
For the crime mentioned in the first paragraph, he/she shall truthfully state his/her crime before initiating public prosecution, sincerely repent of his/her crime, and actively return the stolen goods, so as to avoid or reduce the occurrence of damage. In case of the circumstances specified in the first paragraph, he/she may be given a lighter, mitigated or exempted punishment; yes
Under the circumstances specified in Items 2 and 3, a lighter punishment may be imposed.
"If a person commits the crime specified in the first paragraph and is sentenced to death with a suspension of execution under the circumstances specified in the third paragraph, the people may, according to the circumstances of the crime, decide at the same time to commute his death sentence to life imprisonment upon the expiration of the two-year suspension of execution, without commutation or parole..

Hello, the answer to the above question is as follows. The amount of 250000 is a huge amount of crime. According to the provisions of the Ninth Amendment to the Criminal Law, the perpetrator will be investigated for criminal responsibility between 3-10 years of imprisonment.
According to the Criminal Law
In accordance with the provisions of Article 386, anyone who commits a crime shall be punished in accordance with the amount of income and the circumstances and the provisions of Article 383 of this Law. A heavier punishment shall be given for demanding bribes. And the content of Article 383 of the Criminal Law is exactly the provisions on crime sentencing.
Although the Ninth Central Committee of the Criminal Law did not clearly write the revised content of crime sentencing, it did have content about crime sentencing. According to the provisions of the Criminal Law, that is, the sentencing of crimes has been revised.
Amendments to the Criminal Law
(9) IV
14、 Article 383 of the Criminal Law is revised to read: "Whoever commits the crime of corruption shall be punished according to the seriousness of the circumstances and in accordance with the following provisions:

(1) If the amount is relatively large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

(2) If the amount of embezzlement is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or sentenced to confiscation of property.

(3) If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property; If the amount is especially huge and causes especially heavy losses to the interests of the State and the people, he shall be sentenced to life imprisonment or death and also to confiscation of property.
"Those who have repeatedly embezzled without being dealt with shall be punished according to the accumulated amount of embezzlement.
"Offenders
For the crime mentioned in the first paragraph, he/she shall truthfully state his/her crime before initiating public prosecution, sincerely repent of his/her crime, and actively return the stolen goods, so as to avoid or reduce the occurrence of damage. Under the circumstances specified in the first paragraph, he/she may be given a lighter, mitigated or exempted punishment; yes
Under the circumstances specified in Items 2 and 3, a lighter punishment may be imposed.
"If a person commits the crime specified in the first paragraph and is sentenced to death with a suspension of execution under the circumstances specified in the third paragraph, the people may, according to the circumstances of the crime, decide at the same time to commute his death sentence to life imprisonment upon the expiration of the two-year suspension of execution, without commutation or parole..

Hello, the answer to your question is as follows: the sentencing standard of crime 1. If the amount of an individual is more than 100000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also be sentenced to confiscation of property; If the circumstances are especially serious, he shall be sentenced to death and confiscation of property. 2. If the amount of an individual is more than 50000 yuan but less than 100000 yuan, he shall be sentenced to fixed-term imprisonment of more than five years and may also be sentenced to confiscation of property; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; 3. Those who repeatedly embezzle without being dealt with shall be punished according to the accumulated amount of embezzlement. 4. According to the opinions of the Second Intermediate People's Criminal Court of Yancheng City, Jiangsu Province, on the application of unified laws and the writing of standardized legal documents in criminal trials 7. If the amount is more than 10000 yuan but less than 35000 yuan early, there is no case of asking for bribes, the social impact is small, there is repentance after the crime, and the stolen goods are actively returned, the probation can be applied; If the amount is more than 35000 yuan but less than 50000 yuan, if there is no circumstances of demanding bribes and the social impact is small, if there is repentance and active return of stolen goods after the crime, and if there are statutory circumstances of lighter or mitigated punishment, probation can also be applied. If the amount is more than 50000 yuan and the mitigated punishment is less than three years of fixed-term imprisonment, suspension of sentence is generally not applicable. 5. According to Article 5 of the opinion of the senior people of Jiangsu Province on the correct application and execution of probation in the trial of duty related crimes, probation can be applied only under one of the following circumstances: 1. The amount is less than 50000 yuan, the circumstances of the crime are relatively minor, they can truthfully confess, actively return the stolen goods, and show true repentance; 2. If the amount is more than 50000 yuan but less than 100000 yuan, and there are circumstances of voluntary surrender, meritorious service and other legally mitigated penalties, there should also be circumstances of voluntary return of stolen goods and confession and other discretionary lighter penalties; 3. The amount is more than 100000 yuan but less than 200000 yuan, with the circumstances of voluntary surrender, meritorious service and other legally mitigated penalties, and the circumstances of voluntary return of stolen goods, confession and other discretionary lighter penalties, and plays a key role in major production and scientific research projects and other special circumstances.

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