(1). Those who commit this crime are generally sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined;
(2) If the amount of bribes reaches a huge standard, he shall be sentenced to 3- 10 years in prison and fined;
(3) If a unit commits this crime, it shall be fined, and the person who is directly responsible shall be punished according to the provisions on individual crime.
What are the constitutive elements of the crime of bribing non-state staff?
1, criminal object
This crime infringes on complex objects, namely, the normal management order and market competition order of state companies and enterprises. Company and enterprise personnel pay bribes, violate honesty and credit, openly rob business, seriously dampen the enthusiasm of legitimate operators, and make market competition and operation in a state of chaos. In judicial practice, the identification and handling of these problems by the crime of accepting bribes is limited by the official status of the subject and the objective requirements of taking advantage of his position, and it is inevitable that difficulties, deviations and blind spots will appear. With the establishment and improvement of the civil service system, the bribery crimes of state functionaries who directly seek personal gain and abuse power for personal gain will gradually decrease, while the commercial bribery crimes of some commodity operators, individuals engaged in profit-making activities, enterprises and institutions who use bribery to engage in unfair competition and seek illegal interests will continue to rise, which is very concealed and deceptive, and is accompanied by many other crimes, which is extremely harmful. In order to crack down on economic crimes and standardize economic behavior, this article stipulates that the buyer or the seller shall pay the payment to the company and the enterprise respectively.
2, the objective aspect
The objective aspect of crime is to give property to the staff of companies and enterprises in order to seek illegitimate interests, and the amount is large. Paying kickbacks and handling fees is the main objective manifestation of this crime. In principle, as long as buyers, sellers and intermediaries pay and accept in good faith and fair trade without violating national policies and laws, which is conducive to economic development, they should be recognized and protected by law. However, in some cases, paying and accepting kickbacks and handling fees will endanger the fair competition mechanism of the market economy and undermine the order of the market economy. If the circumstances are serious, it may constitute this crime.
3. Subject of crime
The subject of crime is the operator, that is, a legal person, other economic organizations or individuals engaged in economic activities such as commodity management and profit-making services. Legal operators should be equally protected in law, and those who violate the law and commit crimes should be equally punished and cannot be treated differently.
4. Subjective aspects
The subjective aspect of crime is intention. Its purpose is to seek illegitimate interests. The profits here are different from the legitimate interests obtained by operating according to law in economic activities, but profiteering and pursuing unjustly high economic profits. As far as bribers are concerned, their purpose is to seek fair profits higher than the goods and services provided by companies and enterprise personnel through bribery, and their motivation may also be to monopolize the market, crowd out competitors, and finally monopolize operations and reap huge profits.
Bribery belongs to the parties who give money to others in order to achieve their own goals. For this kind of behavior, it is easy to cause losses to the interests of the unit or others. As long as the conditions are met, the briber will bear criminal responsibility. Generally, the punishment will be based on the amount, not only the fixed-term imprisonment but also the corresponding fine.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 164 of the criminal law
Whoever, in order to seek illegitimate interests, gives property to employees of companies, enterprises or other units, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.