What is the sentencing standard of bribery amount

Corruption and bribery refers to the embezzlement and misappropriation of public funds as personal assets or the promotion of personal assets by damaging public assets by the personnel of enterprises and institutions taking advantage of their power. It is corruption; Bribery means that the relevant responsible person of an enterprise or public institution takes advantage of his own authority to accept the property of others. Punishing corruption and bribery crimes is the focus of the current anti-corruption struggle in China. In the specific provisions of the Criminal Law, the crime of corruption and bribery is listed as a special chapter. As an independent crime, it is of positive significance to strengthen the construction of a clean government, highlight the fight against corruption, and effectively curb duty crimes.

2024-06-30 17:30:08 1189 people helped

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What is the sentencing standard of bribery amount

If a national public official takes advantage of his position to ask for finance from others, or illegally collects gifts from others, and only seeks personal interests for himself or others, this is bribery The act of.
In view of this situation, according to the seriousness of the circumstances statute There are corresponding liability clauses:
(1) If it is an individual corruption If the amount reaches or exceeds 100000 yuan, it shall be borne for more than 10 years fixed-term imprisonment Even the criminal responsibility of life imprisonment can also be sentenced to confiscation of property according to law;
If the circumstances are particularly serious, they will be sentenced death penalty And all the property is confiscated.
(2) If an individual embezzles between 50000 yuan and 100000 yuan, he or she will face more than five years of imprisonment and confiscation of property;
Similarly, those whose circumstances are particularly serious will be sentenced to life imprisonment and full confiscation of property.
(3) It is worth noting that even if the amount of personal corruption does not reach 50000 yuan, as long as it exceeds 5000 yuan, you must accept the punishment of fixed-term imprisonment of not less than one year but not more than seven years;
If the circumstances are serious, they will be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years.
If an individual embezzles more than 5000 yuan and less than 10000 yuan, and has the performance of voluntarily admitting mistakes and actively returning stolen goods after committing a crime, the law will consider reducing his punishment or exempting him from criminal responsibility, but he will still be subject to administrative punishment by his unit or superior competent department.
Finally, the person who has repeatedly committed corruption but has never been dealt with shall be punished according to the accumulated amount of corruption. 《 criminal law 》Article 383
Counter offender Crime of corruption Shall, according to the seriousness of the case, 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 fine 。
（2） If the amount of embezzlement is huge or 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 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.
Those who repeatedly embezzle without being dealt with shall be punished according to the accumulated amount of embezzlement.
When committing the crime mentioned in the first paragraph public prosecution To truthfully state one's own crime, sincerely repent, and actively return stolen goods, so as to avoid and reduce the occurrence of damage. In case of the circumstances specified in the first paragraph, one may be given a lighter, mitigated or exempted punishment; Under the circumstances as prescribed in Items 2 and 3, a lighter punishment may be imposed.
Commit the crime mentioned in the first paragraph and be sentenced under the circumstances mentioned in the third paragraph Death penalty with a reprieve The people's court 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 according to law, and shall not Commutation of sentence 、 parole 。

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