According to Article 184 of the Criminal Law of People's Republic of China (PRC), the crime of accepting bribes by employees of companies and enterprises means that employees of companies and enterprises take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others. Or in economic exchanges, in violation of state regulations, accepting kickbacks and handling fees in various names, which are owned by individuals and the amount is relatively large.
penal provision
Article 163
Employees of companies, enterprises or other units who take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
"Staff members of companies, enterprises or other units who, in economic exchanges, take advantage of their positions and violate state regulations, accept kickbacks and service fees in various names, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.
"Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units who commit the acts mentioned in the preceding two paragraphs shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of the Criminal Law.
Article 385
State functionaries who take advantage of their positions to extort other people's property, or illegally accept other people's property and seek benefits for others, are guilty of accepting bribes.
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.
Article 386
Whoever commits the crime of accepting bribes shall be punished according to the amount and circumstances of accepting bribes and in accordance with the provisions of Article 383 of this Law. Whoever asks for a bribe will be punished more severely.
Article 184, paragraph 1
Employees of banks or other financial institutions who extort or illegally accept other people's property in financial business activities to seek benefits for others, or who, in violation of state regulations, accept kickbacks and service fees in various names for personal possession, shall be convicted and punished in accordance with the provisions of Article 163 of this Law.
Extended data
Constitute this crime
Bribery demanded or accepted must be large, otherwise it cannot constitute this crime. The so-called large amount refers to asking for or accepting more than 5,000 yuan to 20,000 yuan according to Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Bribery, Corruption and Embezzlement of Public Funds.
In addition, according to the provisions of the second paragraph of this article, employees of companies and enterprises who, in violation of state regulations, accept kickbacks and service fees in various names and own them personally shall be punished as bribery. Attention should be paid to the following elements, if one of them is missing, it can not be considered as the crime of accepting bribes;
(1) must be an employee of a company or enterprise. If a unit accepts kickbacks or handling fees in violation of regulations, it cannot be punished as this crime.
(2) It must be in economic activities. If it is not in economic activities, it does not constitute this crime to take advantage of his position to promote products, contact business, buy materials for others after work, ask for or accept other people's property, and collect remuneration;
(three) must violate the relevant provisions of the state. Personnel engaged in specialized agencies such as providing information, introducing business and consulting services shall not be punished as crimes if they are approved by relevant state departments.
(4) collect kickbacks and handling fees in various names, which refer to any form of fees that cannot be collected according to regulations.
Of course, the collection of fees is caused by economic activities, and can also be extended after the end of economic activities. The fee received is personal income, and if it is handed over to the unit, it does not constitute this crime. The subject of this crime is the staff of companies and enterprises.
The staff of companies and enterprises mentioned here include directors, supervisors, managers, accountants and other administrative personnel, business personnel and general staff of companies and enterprises. The following persons shall not be regarded as national staff:
(1) People who exercise management authority in state-owned companies and enterprises, but do not have the status of national staff, such as ordinary workers and farmers, people appointed as managers by the board of directors of state-owned companies, and team leaders in state-owned companies and enterprises.
(2) People who used to be state administrative cadres, but did not exercise management authority in state-owned companies and enterprises, such as former company managers who were hired in enterprise recruitment;
(3) Ordinary employees of state-owned enterprises and companies, such as salesmen and salespeople. Although they all handle certain public property, they belong to ordinary employees engaged in service labor or distribution activities and take bribes by taking advantage of their work. This article applies to punishment.
2. Personnel assigned by state-owned companies and enterprises to non-state-owned companies and enterprises to engage in official duties refer to those who are appointed by state-owned companies and enterprises, as representatives of state-owned companies and enterprises, and exercise management authority in non-state-owned enterprises such as Sino-foreign joint ventures, cooperative joint-stock companies, enterprises and collectively-owned enterprises, and have the status of national staff. At this time, as a national staff member, he should meet three conditions at the same time:
(1) is the representative of state-owned companies and enterprises;
(2) exercising management rights in the above-mentioned companies and enterprises;
(3) Having the status of a state functionary. On the other hand, the actor who has the status of national staff, but is not a manager employed by a Sino-foreign joint venture, cooperative, joint-stock company or enterprise, or a manager employed by a state-owned company or enterprise, but does not have the status of national staff, does not belong to national staff. Subjective elements The subjective aspect of this crime must be intentional, and negligence cannot constitute this crime.