Crime of offering bribes

Law graph Baoding Recent reply:

Analysis: According to the law, the filing standard of the unit bribery crime is as follows: if the unit bribery amount exceeds 200000 yuan, it should be filed and investigated for corresponding responsibility. The so-called "unit bribery crime" refers to a serious case in which a unit commits bribery to others in order to obtain illegal benefits, or violates the relevant national rules and regulations by giving kickbacks, service fees and other improper benefits to national public officials. The Provisions of the Supreme People's Procuratorate of the People's Republic of China and the Ministry of Public Security on the Criteria for the Prosecution of Criminal Cases that Constitute Crimes within the Jurisdiction of Public Security Organs (II) clearly emphasizes that in order to seek illegal interests, individuals offer bribes of more than 10000 yuan to employees of various enterprises, institutions or other units, If the amount of bribery offered by the unit exceeds 200000 yuan, the case shall be filed and in-depth investigation shall be carried out. Legal basis: Article 11 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Criteria for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II), in order to seek illegitimate interests, gives money or property to the staff of companies, enterprises or other units. If the amount of individual bribery is more than 10000 yuan, and the amount of unit bribery is more than 200000 yuan, the case shall be filed for prosecution.

Contract Lawyers Recent reply:

Analysis: Although in the case of the so-called "zero confession" (that is, the defendant denies all the testimony about the criminal act), it is important that there is sufficient and sufficient evidence chain to prove the fact of bribery. However, as long as the existing evidence chain has been able to fully demonstrate the case with sufficient certainty and integrity, the defendant can still be convicted even if he does not admit his own behavior involved in the case. It is very important to judge the reliability and integrity of evidence. For example, if we can build a complete and rigorous evidence chain through various forms of objective evidence, such as witness testimony, audio and video recordings, bank transfer records, and e-mail communications, so that the true situation of the case can be ruled out of reasonable doubt, then the court can judge whether the defendant has constituted a crime of bribery based on these conclusive evidence. Legal basis: Article 55 of the Criminal Procedure Law of the People's Republic of China clearly stipulates that all cases should be sentenced on the basis of evidence, investigation and research, and not credulous of oral confession. If there is only the confession of the defendant and no other evidence, the defendant cannot be found guilty and sentenced; If there is no confession from the defendant and the evidence is reliable and sufficient, the defendant can be found guilty and sentenced

Litigation and arbitration panel Recent reply:

Analysis: The crime of money laundering mainly involves covering up and concealing the source and nature of illegally obtained funds by various means in an attempt to make these funds appear legitimate. In contrast, the main duty of the aiding criminal in the crime of accepting bribes is to assist the main bribe takers to accept or hide the bribes, or to provide them with a convenient door. The fundamental difference between the two criminal acts is not only reflected in the core behavior, but also the whole process of cleaning funds is emphasized by the crime of money laundering, while the aiding criminals of bribery crime pay more attention to the substantive support of bribery. Legal basis: relevant provisions of the Criminal Law of the People's Republic of China 1. Crime of Money Laundering Article 312 of the crime of money laundering stipulates that whoever knowingly conceals, transfers, purchases, sells for others or conceals by other means the proceeds of crime and the proceeds generated therefrom shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined. 2. aiding in the crime of accepting bribes Article 385 Concerning the crime of accepting bribes, it is a crime of accepting bribes if a state functionary takes advantage of his position to extort money or property from another person, or illegally accepts money or property from another person to seek benefits for another person. The aiding crime of accepting bribes can be identified in Article 388 of the accomplice theory.

Xiamen Recent reply:

Analysis: If the bribery crime is involved, the general sentencing standard is to be sentenced to fixed-term imprisonment or criminal detention of less than five years and a fine; However, those who offer bribes to obtain improper benefits, if the circumstances are extremely serious, or if they have caused heavy economic losses to the country, will face fixed-term imprisonment of not less than five years but not more than 10 years, and will also bear criminal responsibility for fines; If the circumstances are particularly bad, or cause particularly huge economic losses to the country, they will be sentenced to more than 10 years of fixed-term imprisonment or even life imprisonment, and need to pay a fine or confiscate all property as punishment. Legal basis: Article 390 of the Criminal Law [Provisions on Punishment of Bribery] Whoever commits the crime of bribery shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate benefits by offering bribes, if the circumstances are serious, or causes heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are especially serious or cause especially heavy losses to the interests of the State, 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.

Lvtu Yantai Recent reply:

Analysis: If the behavior does not meet the constitutive requirements of the unit bribery crime, then it cannot be called the unit bribery crime. According to relevant laws and regulations, the object of the crime of unit bribery is only limited to national public servants. Although the behavior of the actor cannot constitute the crime of bribery of the unit, it can be considered whether it meets the constitutive conditions of the crime of bribery of the unit. The Criminal Law of the People's Republic of China clearly stipulates that those who provide financial services to state organs, state-owned companies, enterprises, institutions, people's organizations and other units in order to seek improper interests, or who, in economic activities, violate the relevant provisions of the State by giving rebates and service charges in various names, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, At the same time, the criminal liability for the corresponding fine shall also be borne. Legal basis: Article 391 of the Criminal Law [Crime of Bribery to a Unit] Whoever, in order to seek illegitimate benefits, gives money or property to a state organ, a state-owned company, an enterprise, an institution, or a people's organization, or in economic exchanges, in violation of State regulations, gives rebates and service charges of various names, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

Lutu Hanzhong Recent reply:

Analysis: If the perpetrator receives a bribe amount of up to 3 million yuan, and the perpetrator is also a national public servant, then it will be judged as a crime of bribery, and it is a case of huge amount and serious circumstances. According to the law, he will be sentenced to fixed-term imprisonment of more than three years and less than ten years, with a fine or confiscation of all his property as punishment. In the legal definition, if a national public servant takes advantage of his position to ask for money or property from others, or illegally accepts money or property donated by others in order to seek benefits for others, it will be regarded as a crime of accepting bribes. Legal basis: Article 385 of the Criminal Law [Crime of Bribery] It is a crime of accepting bribes if a state functionary takes advantage of his position to ask for money or property from others, or illegally accepts money or property from others to seek benefits for others. Any State functionary who, in economic intercourse, violates State regulations by accepting rebates and service charges of various descriptions and taking them into his own possession shall be regarded as taking bribes and punished.

Lvtu Lianyungang Recent reply:

Analysis: In the criminal law of our country, the punishment provisions for the bribery crime are as follows: sentenced to fixed-term imprisonment or criminal detention of less than five years, and at the same time, a fine is applicable; If the person intends to obtain illegal rights and interests due to bribery and the circumstances are relatively serious, the sentencing standard will be raised to fixed-term imprisonment of more than five years but less than 10 years, with additional fines; If the circumstances of the crime are especially serious or cause great economic losses to the country, they can be sentenced to fixed-term imprisonment of more than 10 years, or even life imprisonment with a fine or confiscation of property. Legal basis: In Article 390 of the Criminal Law of the People's Republic of China, whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate benefits by offering bribes, if the circumstances are serious, or causes heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are especially serious or cause especially heavy losses to the interests of the State, 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.

Lvtu Xiqing District Recent reply:

Analysis: In judicial practice, for the case of re employed personnel suspected of committing bribery, the penalty discretion will generally be measured by reference to the standards for national staff when committing criminal acts. Specifically, the relevant provisions of the Criminal Law of the People's Republic of China (such as articles 386 and 383) clearly stipulate the correlation between the penalty of the crime of bribery and the amount of bribery, the severity of the circumstances and other factors. According to the general legal principles, when the amount of bribes reaches a certain scale, they will face up to three years of imprisonment or detention, and pay a fine at the same time; If the amount of bribery is huge or there are other serious circumstances, you may be sentenced to fixed-term imprisonment of more than three years and less than 10 years, and also be fined or confiscated of property; When the amount of bribery is especially large or there are other especially serious circumstances, you may be sentenced to more than 10 years of imprisonment or even life imprisonment, and you also need to pay a fine or confiscate property. Legal basis: In Article 386 of the Criminal Law of the People's Republic of China, a person who commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of the bribes he has received. A heavier punishment shall be given for demanding bribes.

Lvtu Heping District Recent reply:

Analysis: Under the current legal system of China, bribery is officially recognized as a criminal act, rather than a simple ordinary administrative illegal act. For this reason, criminals who have committed the crime of offering bribes will be subject to strict criminal accountability in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, rather than general administrative punishment measures. Legal basis: Article 389 of the Criminal Law of the People's Republic of China, in order to seek illegitimate benefits, gives money or property to a state functionary, which is a crime of bribery. In economic exchanges, those who, in violation of State regulations, give a relatively large amount of money or property to a State functionary or, in violation of State regulations, give a State functionary rebates and service charges in various names, and the briber shall be regarded as offering bribes and punished

Nomogram guest Recent reply:

Analysis: the judicial punishment of bribery involving personal behavior: in the case of bribery, the general sentencing standard is to be sentenced to fixed-term imprisonment or detention of less than five years, and pay the corresponding fine at the same time; Those who intentionally seek improper benefits by offering bribes, and the circumstances are serious, or cause serious damage to the important rights and interests of the country, will be sentenced to fixed-term imprisonment of more than five years but less than ten years, and also need to pay a fine. Legal basis: In Article 390 of the Criminal Law of the People's Republic of China, whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate benefits by offering bribes, if the circumstances are serious, or causes heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are especially serious or cause especially heavy losses to the interests of the State, 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. A briber who voluntarily confesses his bribery before being prosecuted may be given a lighter or mitigated punishment. Among them, if the crime is relatively minor, plays a key role in solving a major case, or performs major meritorious service, the punishment may be mitigated or exempted.