This is a bribe. Objectively speaking, the crime of accepting bribes includes not only two basic forms of behavior: asking for bribes and accepting bribes, but also accepting kickbacks and handling fees. The crime of bribery will bear criminal responsibility according to law. The crime of accepting bribes refers to the act of state functionaries taking advantage of their positions to ask for other people's property, or illegally accepting other people's property to seek benefits for others. The crime of accepting bribes violates the integrity of the position of state functionaries and the ownership of public and private property. Commercial bribery refers to the fact that suppliers bribe company staff in financial or other ways to sell materials, and company staff buy suppliers' materials in order to accept or ask for bribes. Bribery is a serious act of introducing bribery to state functionaries. The object of the crime of accepting bribes is "bribery", and the current criminal law limits the content of the crime of accepting bribes to property. Introducing the crime of bribery is subjective and intentional, that is, knowing that it is helping bribers or bribers to promote bribery transactions. Objectively speaking, it is the behavior of the actor to contact, communicate, introduce and match between the briber and the briber, thus promoting the realization of bribery. To constitute the crime of introducing bribery, you must also have serious conditions. Provisions of the Criminal Law on the crime of introducing bribery: Article 392 Whoever introduces a bribe to a state functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The provisions of the Criminal Law on bribery crime are as follows:
[Crime of accepting bribes] It is a crime of accepting bribes if a state functionary takes advantage of his position to ask for other people's property, or illegally accepts other people's property to seek benefits for others.
State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.
Whoever commits the crime of accepting bribes shall be punished according to the amount and circumstances of accepting bribes and the provisions of Article 383rd of the Criminal Law. Whoever asks for a bribe will be punished more severely. (Article 383 Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.
(2) Individuals who embezzle more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than five years and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property.
(3) Individuals who embezzle more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan and repents after committing a crime and actively returns the stolen goods, the criminal punishment may be mitigated or exempted, and the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions. If the amount of personal corruption is less than 5,000 yuan, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given at the discretion of the unit to which they belong or the competent authority at a higher level. If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption. )
Legal basis:
Measures to deal with enterprise procurement corruption
Article 10 Handling of bribery of suppliers. If the supplier pays bribes to sell materials in violation of these measures, the company shall stop purchasing and conduct relevant investigations. If the circumstances are serious, they shall not participate in the bidding activities of the company or become the supplier of the company within 3 years. If it constitutes a crime, the company has the right to report it to the judicial organ and investigate its criminal responsibility according to law.