in economic exchanges, those who violate the provisions of the state and give a large amount of money or property to state employees, or those who violate the provisions of the state and give them kickbacks or handling fees in various names, shall be punished as bribery.
it is not a bribe to give money or property to a state functionary by extortion without obtaining illegitimate benefits.
Article 39 stipulates that whoever pays bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and may also have his property confiscated.
if a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.
Extended data:
Case: The former deputy magistrate of Lujiang, Anhui Province was prosecuted for illegally accepting bribes of 6 million yuan.
It was learned from Hefei Procuratorate that Liu Hua 'an, former member of the Standing Committee of Lujiang County, Anhui Province and executive deputy magistrate, was transferred to Hefei Intermediate People's Court for prosecution on suspicion of accepting bribes.
it is found through examination that since 21, Liu Hua' an has taken advantage of his position as the former deputy magistrate, the standing Committee member of the county party Committee, the standing deputy magistrate and the vice chairman of CPPCC in Lujiang County to seek benefits for others in the work of enterprise restructuring, engineering construction and project payment, and illegally accepted and demanded bribes from others totaling RMB 5.78 million and USD 2,.
It is understood that Liu Hua 'an, 56, used to be the deputy magistrate of Lujiang County, the standing committee member and executive deputy magistrate of Lujiang County Committee, the former deputy director of Chaohu Economic Commission and the vice chairman of Lujiang County, CPPCC. On May 28th last year, the Supervision Bureau of Hefei Municipal Commission for Discipline Inspection initiated an investigation into serious violations of discipline and law by Lu Rongyou, former member of the Standing Committee of Lujiang County and secretary of the Political and Legal Committee, and Liu Hua 'an, former member of the Standing Committee of the County Party Committee and executive deputy county magistrate. At present, the case has entered the trial stage.
Reference:
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law
Reference:
People's Network-Anhui Lujiang former deputy magistrate was prosecuted for illegally accepting bribes of 6 million yuan.