Is it necessary to bear criminal responsibility for bribing others?

Bribery of others, as to whether to bear criminal responsibility, mainly depends on the situation of the parties accepting bribes. And the size of the amount. If the amount is more than 10,000 yuan, it belongs to a relatively large amount and should bear criminal responsibility. But generally speaking, the relative sentencing of bribery is relatively light. Normally, it is one to three years. Many can be exempted from criminal punishment.

Legal analysis

Whether bribing others requires criminal responsibility depends on the situation. Bribery of state employees depends on whether it meets the constitutive requirements of related crimes and whether it meets the prescribed filing standards, so as to determine whether it constitutes a crime, and then determine whether the perpetrator will be sentenced and punished. According to the latest judicial interpretation, a bribe of 30,000 yuan can be regarded as a crime of bribery. If the amount of bribes is between 10000 and 30000, and there are legal circumstances, it can also be considered as bribery. So as to judge and punish the perpetrators. Bribery of state employees depends on whether it meets the constitutive requirements of related crimes and whether it meets the prescribed filing standards, so as to determine whether it constitutes a crime, and then determine whether the perpetrator will be sentenced and punished. The "property" in the crime of accepting bribes includes money, goods and property interests. Property interests include material interests that can be converted into money, such as house decoration and debt relief, and other interests that need to be paid in money, such as membership services and tourism. The amount of crime committed by the latter shall be calculated according to the amount actually paid or payable.

legal ground

Criminal law of the people's Republic of China

Article 389 Whoever gives money or property to a state functionary in order to seek illegitimate interests is guilty of bribery. 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. It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.

Article 390 Whoever commits the crime of accepting bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. If the briber voluntarily confesses the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.

Article 390-1 Whoever, for the purpose of seeking illegitimate interests, offers bribes to the close relatives of state functionaries or other people closely related to state functionaries, or to the state functionaries who leave their posts or their close relatives or other people closely related to state functionaries, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, or the national interests suffer heavy losses, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; If the circumstances are especially serious or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years and shall also be fined. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.