Determination of the Crime of Embezzlement and Bribery

accept bribes Crime means National staff The act of taking advantage of his position to extort money or property from others, or illegally accepting money or property from others to seek benefits for others. This crime is property Crime , according to the amount of crime punish What is the standard for determining the amount of bribery? Next, I will give you some answers.

Crime of corruption and bribery Determination of

（1） If the amount is more than 30000 yuan but less than 200000 yuan, it belongs to“ Large amount ”If the amount is more than 10000 yuan but less than 30000 yuan and one of the following circumstances is suspected, it is "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. Have ever been involved in corruption, bribery Misappropriation of public funds Having received Party discipline or administrative punishment;

3. Past causes Deliberate crime received criminal Investigated;

4. Bad money stolen goods 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 belongs to“ Huge amount ”, if the amount is more than 100000 yuan but less than 200000 yuan, and 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“ The amount is particularly huge ”, if the amount is more than 1.5 million yuan but less than 3 million yuan, and is suspected of one of the above six situations, it is "other especially serious circumstances", and is sentenced to more than 10 years of fixed-term imprisonment or life imprisonment And be fined or confiscated Property.

Determination of the Accomplished and Attempted Embezzlement Crime

The so-called accomplishment of the crime of corruption refers to Actor Intentionally implemented Illegal possession The behavior of public (state-owned) property or property of non-state-owned units has all the elements of the crime of corruption, and has produced harmful results. Therefore, we should grasp the following two points to determine whether the crime of corruption is accomplished or not:

1. Behavioral corrupt practice , whether it conforms to Elements of Corruption Crime Characteristics of. 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.