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 accepting bribes.
Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.
Article 387 State organs, state-owned companies, enterprises, institutions and people's organizations that extort or illegally accept other people's property and seek benefits for others, if the circumstances are serious, 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 five years or criminal detention.
Units listed in the preceding paragraph who secretly accept kickbacks and handling fees in various names in economic exchanges outside the account shall be punished as bribery and punished in accordance with the provisions of the preceding paragraph.
Article 388 Any state functionary who, by taking advantage of his power or position, seeks illegitimate interests for the trustee through the acts of other state functionaries and extorts or accepts the trustee's property shall be punished as the crime of accepting bribes.
Other relevant provisions:
1. Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Commercial Bribery
2, the Supreme People's Court, the Supreme People's Procuratorate on the implementation of the "Supplementary Provisions on the punishment of corruption and bribery" reply to some questions.
3. Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Bribery.
4. the Supreme People's Court and the Supreme People's Procuratorate's solutions to some problems concerning the specific application of law in handling economic crime cases at present.
Answer (Trial)
5. Opinions of the People's Procuratorate of the Supreme People's Court on several issues concerning sentencing circumstances such as surrender and meritorious service in handling duty crime cases.
6. Summary of the National Seminar on the Trial of Economic Crimes by Courts
7. Reply of the Supreme People's Procuratorate on whether the staff of Buddhist Association can constitute the subject of accepting bribes or the personnel of companies and enterprises.
8. Notice of the Supreme People's Court and the Supreme People's Procuratorate on Seriously Punishing Serious Bribery Criminals while Handling Major Cases of Bribery Crimes
Yueyang criminal barrister
Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Commercial Bribery
Higher People's Courts and People's Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts and Procuratorates of the People's Liberation Army, Production and Construction Corps Branch of Higher People's Court of Xinjiang Uygur Autonomous Region, and People's Procuratorate of Xinjiang Production and Construction Corps:
The Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Commercial Bribery Criminal Cases are hereby printed and distributed to you, please implement them carefully.
Press release issued on October 20th, 20081/KLOC-0.
In order to punish the crime of commercial bribery according to law, according to the relevant provisions of the criminal law, combined with the actual work of handling cases, we now put forward the following opinions on several issues concerning the application of law in handling criminal cases of commercial bribery:
1. The crime of commercial bribery involves the following eight crimes stipulated in the criminal law: (1) the crime of accepting bribes by non-state staff (Article 163 of the Criminal Law); (2) the crime of offering bribes to non-state employees (Article 164th of the Criminal Law); (3) the crime of accepting bribes (Article 385 of the Criminal Law); (4) the crime of accepting bribes by units (Article 387 of the Criminal Law); (5) the crime of accepting bribes (Article 389th of the Criminal Law); (6) the crime of offering bribes to the unit (article 39 1 of the Criminal Law); (7) Introducing the crime of bribery (Article 392nd of the Criminal Law); (8) unit bribery (article 393rd of the Criminal Law).
2. "Other units" as stipulated in Articles 163 and 164 of the Criminal Law include both permanent organizations such as public institutions, social organizations, villagers' committees, residents' committees and villagers' groups, as well as non-permanent organizations such as organizing committees, preparatory committees and engineering contracting teams established to hold sports events, cultural performances or other legitimate activities.
Three, the provisions of Article 163 and Article 164 of the Criminal Law "staff of companies, enterprises or other units", including non-state staff in state-owned companies, enterprises and other state-owned units.
4. State functionaries of medical institutions who, in the procurement activities of drugs, medical devices, medical hygiene materials and other medical products, take advantage of their positions to ask for the seller's property, or illegally accept the seller's property to seek benefits for the seller, which constitutes a crime, shall be convicted and punished for accepting bribes in accordance with the provisions of Article 385 of the Criminal Law.
Non-state staff in medical institutions who commit the acts mentioned in the preceding paragraph in a relatively large amount shall be convicted and punished for accepting bribes in accordance with the provisions of Article 163 of the Criminal Law.
Medical staff in medical institutions take advantage of their position to prescribe drugs, medical devices, medical and health materials and other medical product sellers' property illegally in various names, so as to seek benefits for the medical product sellers. If the amount is relatively large, non-state personnel shall be convicted and punished for accepting bribes in accordance with the provisions of Article 163 of the Criminal Law.
5. State functionaries in schools and other educational institutions who, when purchasing teaching materials, teaching AIDS, school uniforms or other articles, take advantage of their positions to ask for the seller's property, or illegally accept the seller's property to seek benefits for the seller, which constitutes a crime, shall be convicted and punished for accepting bribes in accordance with the provisions of Article 385 of the Criminal Law.
Non-state staff in schools and other educational institutions who commit the acts mentioned in the preceding paragraph in a relatively large amount shall be convicted and punished for accepting bribes in accordance with the provisions of Article 163 of the Criminal Law.
Teachers in schools and other educational institutions, taking advantage of their positions in teaching activities, illegally accept the property of sellers of teaching materials, teaching AIDS, school uniforms or other articles in various names to seek benefits for the sellers of teaching materials, teaching AIDS, school uniforms or other articles. If the amount is relatively large, non-state personnel shall be convicted and punished for accepting bribes in accordance with the provisions of Article 163 of the Criminal Law.
6. Members of a lawfully formed bid evaluation committee, a negotiation team for competitive procurement and an inquiry team for inquiry procurement, who extort or illegally accept other people's property and seek benefits for others in bid evaluation or procurement activities such as bidding and government procurement, shall be convicted and punished for accepting bribes by non-state staff in accordance with the provisions of Article 163 of the Criminal Law.
Representatives of state organs or other state-owned units in legally established bid evaluation committees, negotiation teams for competitive procurement and inquiry teams for inquiry procurement who commit the acts mentioned in the preceding paragraph shall be convicted and punished for accepting bribes in accordance with the provisions of Article 385 of the Criminal Law.
Seven, the property of commercial bribery, including money, including physical objects, but also can be used to calculate the property benefits, such as providing housing decoration, membership cards containing the amount, token cards (vouchers), travel expenses, etc. The specific amount shall be subject to the customs duties actually paid.
Eight, accepting bank cards, regardless of whether the bribe taker actually takes out or consumes, the amount of deposits in the card should generally be fully recognized as the amount of bribes. If the bank card is used for overdraft, and the party giving the bank card bears the repayment responsibility, the overdraft amount shall also be recognized as the amount of bribes.
Nine, in the crime of bribery, "seeking illegitimate interests" means that the briber seeks interests that violate laws, regulations, rules or policies, or violates laws, regulations, rules, policies and industry norms and asks the other party to provide help or convenience.
In commercial activities such as bidding and government procurement, in order to gain a competitive advantage, giving property to relevant personnel in violation of the principle of fairness belongs to "seeking illegitimate interests".
Ten, to handle commercial bribery cases, we should pay attention to distinguish between bribery and gifts. The following factors should be comprehensively analyzed and judged: (1) the background of property exchanges, such as whether there is a relationship between relatives and friends, and the situation and degree of historical exchanges between the two parties; (2) the value of the current property; (three) the reason, time and way of property exchange, and whether the property provider has any job requirements for the recipient; (4) Whether the recipient takes advantage of his position to seek benefits for the provider.
1 1. If a non-state employee and a state employee conspire to * * accept other people's property, which constitutes a crime of * * *, they shall be convicted and investigated for criminal responsibility according to the specific circumstances of both parties taking advantage of their positions:
(1) Whoever takes advantage of the position of a state functionary to seek benefits for others shall be investigated for criminal responsibility for accepting bribes.
(2) Whoever takes advantage of the position of a non-state employee to seek benefits for others shall be investigated for criminal responsibility for accepting bribes by a non-state employee.
(3) Those who seek benefits for others by taking advantage of their respective positions shall be investigated for criminal responsibility according to the criminal nature of the principal offender. If a principal offender and an accessory cannot be distinguished, he may be investigated for criminal responsibility for accepting bribes.