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Sentencing standards for bribery

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Sentencing standards for bribery


        

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  • 2024-06-06 06:00:49

    The sentencing standards for bribery crime are as follows:

    1. If the amount of bribery is relatively large or 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 bribes accepted 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 or sentenced to confiscation of property.

    3. If the amount of bribery 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.

    4. 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.

    5. Those who have repeatedly accepted bribes without being dealt with shall be punished according to the accumulated amount of bribes accepted.

    6. If a person commits this crime, he/she shall truthfully state his/her crime, sincerely repent of his/her crime, and actively return the stolen goods before initiating public prosecution, so as to avoid or reduce the occurrence of damage results. In case of any circumstance specified in Article 1, he/she may be given a lighter, mitigated or exempted punishment; Under the circumstances specified in Articles 2, 3 and 4, a lighter punishment may be imposed.

    7. If a person commits this crime and is sentenced to death with a suspension of execution under the circumstances specified in Article 4, 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, without commutation or parole.

    [Legal Basis]

    Article 386 of the Criminal Law of the People's Republic of China stipulates that anyone who 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.

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