Determination of the Crime of Embezzlement and Bribery

bribery It refers to the act of state functionaries taking advantage of their positions to extort property from others, or illegally accept property from others to seek benefits for others. This crime is a property crime and is punished according to the amount of crime. What is the standard for determining the amount of bribery crime? Next, I will give you some answers.

corruption accept bribes Determination of crime

（1） If the amount is more than 30000 yuan but less than 200000 yuan, it is a "relatively large amount"; if the amount is more than 10000 yuan but less than 30000 yuan, it is suspected of one of the following circumstances, it is a "other serious circumstances" and should be Filing a case , less than three years fixed-term imprisonment perhaps criminal detention , and fine ：

one corruption Specific funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, migration, relief, epidemic prevention, social donation, etc;

2. Party discipline and administrative punishment for corruption, bribery and misappropriation of public funds;

3. Having been investigated for criminal offense;

4. The stolen money and goods are used for illegal activities;

5. Refusing to disclose the whereabouts of the stolen money and goods or refusing to cooperate with the recovery work, which makes it impossible to recover them;

6. Causing adverse effects or other serious consequences.

（2） If the amount is more than 200000 yuan but less than 3 million yuan, it is a "huge amount"; if the amount is more than 100000 yuan but less than 200000 yuan, and it is suspected of one of the above six situations, it is "other serious circumstances", and 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 Confiscation of property 。

（3） If the amount is more than 3 million yuan, it is a "particularly huge amount", and if the amount is more than 1.5 million yuan but less than 3 million yuan, and it is suspected of one of the above six situations, it is "other especially serious circumstances", and it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated Property.

Crime of corruption Identification of completed and attempted

The completion of the so-called corruption crime refers to the intentional illegal possession of public (state-owned) property or property of non-state-owned units by the perpetrator, which has all the elements of the crime of corruption and has produced harmful results. Therefore, to determine whether the crime of corruption is accomplished or not, we should grasp the following two points:

1. See whether the perpetrator's corruption behavior conforms to the characteristics of the constitutive requirements of corruption crime. Among them, the standard to measure illegal possession is whether the actor has actually illegally possessed public (state-owned) property or property of non-state-owned units. If it has actually been illegally possessed, it shall be deemed as accomplished.

2. See whether the perpetrator's corruption has caused objective harmful results. Among them, the criteria for measuring the objective harm results are: first, the amount of corruption has actually reached 5000 yuan; Second, although the amount of corruption has not actually reached 5000 yuan, there is an objective fact that the circumstances of corruption are relatively serious.

I hope you have some knowledge and understanding about the determination of corruption and bribery, and I hope it will be helpful to you. If you have any questions, please come to consult. Thanks for reading.