There is no specific standard for filing a case for the crime of accepting bribes by non-state staff. If the circumstances are serious, the crime of accepting bribes of less than 5,000 yuan may also be sentenced to fixed-term imprisonment of less than two years. If the circumstances are relatively minor, the punishment may be exempted. The unit or superior shall The competent authorities may impose administrative sanctions as appropriate.
According to Article 163 of the "Criminal Law of the People's Republic of China", employees of companies and enterprises take advantage of their positions to solicit other people's property or illegally accept other people's property to seek benefits for others, and the amount If the amount is relatively large, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than five years and may be subject to confiscation of property.
If any staff of a company or enterprise violates state regulations by accepting various kickbacks and handling fees in their economic dealings, and they are owned by individuals, they shall be punished in accordance with the provisions of the preceding paragraph.
Personnel engaged in official duties in state-owned companies and enterprises, and persons assigned by state-owned companies and enterprises to non-state-owned companies and enterprises to engage in official duties, who commit the acts in the preceding two paragraphs shall be subject to Article 385 of this Law. , conviction and punishment in accordance with the provisions of Article 386.
Article 385 stipulates that if a state functionary takes advantage of his position to extort property from others, or illegally accepts property from others to seek benefits for others, he is guilty of accepting bribes.
If a state employee violates state regulations and accepts kickbacks and handling fees in various names during the course of economic transactions, which are owned by individuals, they will be punished for the crime of accepting bribes.
Article 386 stipulates that those who commit the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law based on the amount of bribes received and the circumstances; those who solicit bribes shall be severely punished.
Article 383 stipulates that those who commit corruption crimes shall be punished in accordance with the following provisions depending on the severity of the case:
(1) If the amount of personal corruption exceeds 100,000 yuan, The person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and may also be subject to confiscation of property; if the circumstances are particularly serious, he shall be sentenced to death, and may be concurrently subject to confiscation of property.
(2) Anyone who embezzles more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 5 years or life imprisonment, and shall also have his property confiscated; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and shall also be sentenced to Confiscation of property.
(3) Anyone who embezzles more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than 10 years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan, regrets the crime, and actively returns the stolen goods, the criminal penalty may be reduced or exempted, and administrative sanctions shall be imposed by the unit to which he/she belongs or the superior authority.
(4) If the amount of personal corruption is less than 5,000 yuan, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are relatively minor, he shall be given administrative sanctions at the discretion of his unit or the superior authority. .
If repeated corruption is not dealt with, the cumulative penalty will be based on the amount of corruption.
Extended information:
Case: Suixi police quickly uncovered a bribery case involving non-state staff
Recently, the Economic Investigation Brigade of Suixi County Public Security Bureau of Anhui Province passed a rigorous work, and quickly uncovered a bribery case involving non-state personnel.
In August this year, the Economic Investigation Brigade of the Suixi County Public Security Bureau received an alarm from a company in Liuqiao Town, saying that Li, a staff member of the company in charge of equipment procurement, had used his position to seek personal gain during the procurement process.
After receiving the report, the police from the Economic Investigation Brigade immediately launched an investigation. The police learned that when the company inspected a batch of equipment purchased from a company in Jinjiang handled by Li, they found that the materials used in the purchased equipment did not match the materials used when the contract was signed, and they suspected that Li had "received kickbacks" in it. .
After learning about this situation, the police checked Li’s account and found that Li did have financial transactions with the other company. The other company had remitted 300,000 yuan to Li’s private account during the purchase. .
The police immediately checked with the other company, but the other company did not cooperate with the investigation and used various excuses to shirk the situation. Thanks to the unremitting efforts of the police, the other company finally admitted that during the cooperation period, Li asked for a "favorite fee" of 300,000 yuan on the grounds that he would have a long-term cooperation with him in the future.
Since Li offered the temptation of "long-term cooperation", and the payment of nearly 7 million yuan between the other company and Li's company required Li's signature to be settled, the other company had no choice but to remit the money. Enter Li's account.
After confirming this situation, the Suixi County Public Security Bureau criminally detained Li in September this year and launched further investigation. During the investigation, the police received a call from a company in Jiangyin, saying that Li asked for 500,000 yuan in "facilitation fees" from him during his business dealings with the company.
A company in Jiangyin said that Li was responsible for purchasing a special gas for his company. During the purchase, Li claimed that he had "big power" in the company, and that the company purchased nearly 30,000 yuan of special gas every year. gas. After that, they borrowed another 500,000 yuan from Jiangyin Fangkai Company.
After "borrowing" 500,000 yuan, Jiangyin Fang Company did not wait for Li to come to purchase, so it asked Li about the matter. Li said: There are many similar companies in Shanghai, Henan and other places who want to cooperate with them, but they have all been rejected. He was very sincere in cooperating with him and asked him not to worry.
He also told the other party that he could raise the price during the cooperation process and deduct the 500,000 yuan "lent" to him from the payment. However, after repeated delays, Li's company failed to meet the previously promised 3 million yuan requirement in the final cooperation. For this reason, Li returned 200,000 yuan to Jiangyin Fang as compensation.
After investigation, Li confessed to his criminal behavior during the interrogation. Currently, Li has been approved for arrest and the case is under further processing.
References:
China National People's Congress - Chinese People's Political Consultative Conference, National Criminal Law
References: People's Daily - Suixi Police Rapid Detection A case of bribery by non-state staff