Will you be sentenced for taking kickbacks?

When taking kickbacks, neither side admits that they can be sentenced. According to the relevant laws and regulations of our country, if the actor violates the state regulations and gives kickbacks to state staff in various names, it will be punished as bribery; In our criminal proceedings, we emphasize evidence, investigation and research, and don't believe confessions. Therefore, no matter whether the two sides who take kickbacks admit it or not, as long as the facts of the crime are clear and the evidence is really sufficient, they can be sentenced to corresponding punishment for bribery.

legal ground

Article 389 of the Criminal Law

It is a crime of bribery to give property to state functionaries in order to seek illegitimate interests.

In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery.

Article 55 of the Criminal Procedure Law

In sentencing all cases, we should attach importance to evidence, investigation and research, and we should not trust confessions. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.