"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery"
(The 1680th Session of the Judicial Committee of the Supreme People's Court on March 28, 2016 Meeting, adopted at the 50th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 25, and adopted at the 50th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 25, 2016. Since April 18, 2016 (Effective)
In order to punish criminal activities of corruption and bribery in accordance with the law, in accordance with the relevant provisions of the Criminal Law, several issues concerning the application of laws in handling criminal cases of corruption and bribery are hereby explained as follows:
Article 1: Corruption, If the amount of bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be determined as a "relatively large amount" in accordance with the law. "If the amount is relatively large", he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine in accordance with the law.
If the amount of corruption is more than 10,000 yuan and less than 30,000 yuan, and any of the following circumstances occurs, it shall be determined as Article 1 of the Criminal Law "Other aggravating circumstances" stipulated in the first paragraph of Article 383 shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined:
(1) Whoever embezzles disaster relief, emergency rescue, or flood prevention funds and materials, (1) Those who embezzle special funds and materials for disaster relief, emergency rescue, flood prevention, poverty alleviation, immigration, relief, epidemic prevention, social donations, etc.;
(2) Those who have received party discipline and administrative sanctions for corruption, bribery, and misappropriation of public funds. ;
(3) Subject to criminal prosecution for intentional crimes;
(4) Use stolen money or stolen goods for illegal activities;
(5) Refusal to Failure to explain the whereabouts of stolen money and stolen goods, and refusal to cooperate with recovery efforts, resulting in the irrecoverability of stolen money and stolen goods;
(6) Refusal to cooperate with recovery efforts, resulting in recovery of stolen money and stolen goods.
(5) Refusing to explain the whereabouts of stolen money or property or refusing to cooperate with recovery efforts, resulting in the failure of recovery;
(6) Causing adverse effects or other serious consequences
Any person who accepts a bribe of more than 10,000 yuan but less than 30,000 yuan and falls under one of the circumstances specified in items 2 to 6 of the preceding paragraph or one of the following circumstances shall be deemed to have committed the crime as prescribed in paragraph 1 of Article 383 of the Criminal Law. "Other severe punishment circumstances" specified in the regulations shall be punished with fixed-term imprisonment of not more than three years or criminal detention, and shall also be punished with a fine:
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(1) Asking for bribes multiple times;
(2) Seeking illegitimate benefits for others, causing losses to the interests of the public, the country and the people;
(3) Seeking job promotion or adjustment for others
Second, if the amount of corruption or bribery is more than 200,000 yuan and less than 3 million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to not less than three years but not more than ten years. The following fixed-term imprisonment, and a fine or confiscation of property
If the amount of embezzlement is between 100,000 yuan and less than 200,000 yuan, and one of the circumstances specified in Article 1, Paragraph 2 of this Interpretation is met, it shall be determined as criminal law. For "other serious circumstances" specified in the first paragraph of Article 383, a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law, and shall also be fined or have his property confiscated.
The amount of bribes exceeds 100,000 yuan. If the amount is less than 200,000 yuan and falls under any of the circumstances specified in paragraph 3 of Article 1 of this Interpretation, it shall be deemed as "other serious circumstances" stipulated in paragraph 1 of Article 383 of the Criminal Law and shall be sentenced to not less than three years and ten years in accordance with the law. The following fixed-term imprisonment shall be imposed, together with a fine or confiscation of property.
Article 3: Any embezzlement or bribery amounting to more than 3 million yuan shall be deemed to be as prescribed in the first paragraph of Article 383 of the Criminal Law. "If the amount is particularly huge", he shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death according to law, and shall also be fined or have property confiscated.
Where the amount of embezzlement is more than 1.5 million yuan but less than 3 million yuan, and falls under any of the circumstances specified in paragraph 2 of Article 1 of this Interpretation, it shall be deemed to be the crime prescribed in Article 383 of the Criminal Law. For "other particularly serious circumstances" specified in paragraph 1, the offender shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and shall also be fined or have property confiscated in accordance with the law. Confiscation of property.
Any person who accepts a bribe of more than 1.5 million yuan but less than 3 million yuan and falls under any of the circumstances specified in paragraph 3 of Article 1 of this Interpretation shall be deemed to have committed a crime as prescribed in Article 383 of the Criminal Law. For "other particularly serious circumstances" specified in paragraph 1, the offender shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and shall also be fined or have property confiscated in accordance with the law.
Article 4 If the amount of corruption or bribery is particularly huge, the crime is particularly serious, the social impact is particularly bad, and it causes particularly heavy losses to the interests of the country and the people, the death penalty may be imposed.
If the circumstances specified in the preceding paragraph are met, but there are circumstances such as surrender, meritorious service, truthful confession of one's crime, sincere repentance, active return of stolen goods, avoidance or reduction of harmful consequences, etc., and the death penalty does not need to be executed immediately, the death penalty may be suspended. Implemented in two years.
If the situation stipulated in the first paragraph is met, the death penalty may be declared with a two-year suspension of execution based on the circumstances of the crime and other circumstances. After the two-year suspension of execution has expired, the death penalty shall be commuted to life imprisonment in accordance with the law, and upon the judge's decision, the death penalty shall be Life imprisonment without the possibility of commutation or parole.
Article 5 Whoever misappropriates public funds for personal use and conducts illegal activities, and the amount exceeds 30,000 yuan, shall be investigated for criminal liability for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; if the amount is within If the amount exceeds three million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law. Any of the following circumstances shall be deemed to be "serious" as stipulated in the first paragraph of Article 384 of the Criminal Law
(1) The amount of misappropriation of public funds exceeds one million yuan;
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(2) Misappropriating specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief, with the amount exceeding 500,000 yuan and less than 1 million yuan;
(3) Misappropriation of public funds that has not been returned, and the amount is more than 500,000 yuan but less than 1 million yuan;
(4) Other serious circumstances.
Article 6 Whoever misappropriates public funds for personal use and uses it for profit-making activities or for more than three months, and the amount exceeds 50,000 yuan, shall be deemed to be a person stipulated in the first paragraph of Article 384 of the Criminal Law. "A large amount"; if the amount is more than 5 million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law;
Article 6 Misappropriation of public funds is a huge amount of. It should be determined to be a "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law. Anyone who has any of the following circumstances shall be deemed to be a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law
(1) The amount of misappropriated public funds exceeds 2 million yuan;
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(2) Misappropriation of special funds for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief, with an amount of more than one million yuan but less than two million yuan;
(2) Misappropriation Special funds for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief, the amount is between one million yuan and two million yuan; More than RMB 2 million but not more than RMB 2 million;
(4) Other serious circumstances.
Article 7: Anyone who pays a bribe of more than 30,000 yuan to a state functionary in order to seek improper benefits shall be held criminally responsible for the crime of bribery in accordance with the provisions of Article 390 of the Criminal Law.
Anyone who accepts a bribe of more than 10,000 yuan but less than 30,000 yuan and meets any of the following circumstances shall be held criminally responsible for the crime of bribery in accordance with the provisions of Article 390 of the Criminal Law:
(1) Bribery to three or more people;
(2) Use illegal gains for bribery;
(3) Obtain job promotion or adjustment through bribery;
(4) Bribery to state officials responsible for supervision and management of food, medicine, production safety, environmental protection, etc.
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(5) Bribing judicial personnel and affecting judicial fairness;
(6) Causing economic losses of more than 500,000 yuan but less than 1 million yuan.
Article 8: Anyone who commits the crime of bribery and meets any of the following circumstances shall be deemed to be a "serious circumstance" as stipulated in the first paragraph of Article 390 of the Criminal Law:
( 1) The amount of bribes accepted is more than 1 million yuan but less than 5 million yuan;
(2) The amount of bribes accepted is more than 500,000 yuan but less than 1 million yuan and has the characteristics of this interpretation. One million yuan, and one of the circumstances stipulated in Items 1 to 5 of Paragraph 2 of Article 7 of this Interpretation;
(3) Other serious circumstances.
Anyone who bribes state functionaries in order to obtain illegitimate benefits and causes economic losses of more than 1 million yuan but less than 5 million yuan shall be deemed to be a person stipulated in the first paragraph of Article 390 of the Criminal Law. causing serious losses to national interests."
Article 9: Any person who commits the crime of bribery under any of the following circumstances shall be deemed to be "particularly serious" as stipulated in the first paragraph of Article 390 of the Criminal Law
(1) ) The amount of bribes received is more than 5 million yuan; The amount of economic loss is more than one million yuan but less than five million yuan. And one of the circumstances stipulated in Items 1 to 5 of Paragraph 2 of Article 7 of this Interpretation;
(3) Other particularly serious circumstances.
Anyone who bribes state functionaries in order to obtain illegitimate benefits and causes economic losses of more than five million yuan shall be deemed to have caused "special suffering to national interests" as stipulated in the first paragraph of Article 390 of the Criminal Law. heavy losses".
Article 10 The applicable standards for conviction and sentencing of the crime of accepting bribes by using influence as stipulated in Article 388-1 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of accepting bribes.
The applicable standards for conviction and sentencing of the crime of using influence to bribe as stipulated in Article 390-1 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of bribery.
If an unit pays a bribe of more than 200,000 yuan to an influential person, it shall be held criminally responsible for the crime of bribing an influential person in accordance with the provisions of Article 390-1 of the Criminal Law.
Among the crime of bribery of non-state staff stipulated in Article 11 and Article 163 of the Criminal Law, and the crime of embezzlement of duties stipulated in Article 271, the "amount is relatively large" or "the amount is huge" "The starting point of the amount shall be two times or five times the corresponding amount standard stipulated in this Interpretation on the crime of bribery and corruption.
In the crime of misappropriation of funds stipulated in Article 272 of the Criminal Law, the starting points for the amount of "relative amount", "huge amount" and "carrying out illegal activities" are determined in accordance with this interpretation regarding the crime of misappropriation of public funds and corruption. The provisions of the corresponding amount standard for the crime shall be implemented. This interpretation stipulates that the amount standards for "relative amounts," "serious circumstances," and "illegal acts" for the crime of misappropriation of public funds will be implemented in two phases.
The starting point for the crime of bribery of non-state personnel as stipulated in Paragraph 1 of Article 164 of the Criminal Law for "relative amounts" and "huge amounts" shall be determined in accordance with Articles 7 and 8 of this Interpretation. The double amount standard stipulated in paragraph 1 of the Article regarding the amount standard for the crime of bribery shall be implemented. Twice the amount standard stipulated in Article 7 and Article 8, Paragraph 1 of this Interpretation.
The "property" in Article 12 of the crime of bribery includes money, items and property interests. Property interests include material interests that can be converted into money, such as house decoration, debt relief, etc.; they also include other interests that require payment of money, such as membership services, travel, etc. The amount of the latter crime shall be based on the actual amount paid. The amount of the latter crime is calculated based on the actual amount paid or payable.
Article 13 Anyone who falls under any of the following circumstances shall be deemed to be "seeking benefits for others". If it constitutes a crime, he shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes:
( 1) Acting or promising to seek benefits for others;
(2) Knowing that others have specific requests for entrustment and seeking benefits for them;
(3) Although there is no entrustment, but Accepting property from others for the purpose of performing duties.
If a state employee asks for or accepts property worth more than 30,000 yuan from a subordinate in a superior-subordinate relationship or a manager in an administrative relationship that may affect the performance of his or her powers, it shall be deemed as a commitment to seek benefits for others.
Article 14 of the "Criminal Law" stipulates that, based on the facts and circumstances of the crime of accepting bribes, any person who may be sentenced to a fixed-term imprisonment of not more than three years may be deemed to be a person stipulated in Paragraph 2 of Article 390 of the Criminal Law. The crime is less serious."
According to the facts and circumstances of the crime, those who have been or may be sentenced to fixed-term imprisonment of more than ten years, or who have a greater influence in the province, autonomous region, municipality directly under the Central Government or the whole country, may be deemed to be guilty of Article 390 of the Criminal Law. "Major cases" specified in this paragraph.
Those who have any of the following circumstances can be identified as "playing a key role in the detection of major cases" as stipulated in the second paragraph of Article 390 of the Criminal Law:
(1) ) Taking the initiative to disclose clues to major cases that the case-handling agency has not yet grasped;
(2) Taking the initiative to disclose clues to crimes that are not clues to major cases but are important in detecting major cases;
(3) Taking the initiative to confess the bribe-taking behavior, which plays an important role in the collection of evidence in major cases;
(4) Taking the initiative to confess the bribe-taking behavior, which plays an important role in the pursuit of escape and recovery of stolen goods in major cases.
Article 15 For multiple bribes that have not been dealt with, the amount of bribes will be calculated cumulatively.
If a state functionary takes advantage of his position to seek benefits from the client and accepts property from the client multiple times, and the amount of property received from the client exceeds 10,000 yuan, it shall be calculated as the amount of bribery.
Article 16: State functionaries illegally occupy public property with the intention of embezzlement or bribery, or after accepting property from others, use the stolen money or stolen goods for official expenditures of their units or social donations. , does not affect the determination of the crime of corruption and bribery, but can be taken into consideration when sentencing.
If a person with a specific relationship asks for or accepts property from others, and a state employee fails to return or hand it over after knowing the matter, he shall be deemed to have the intention to accept bribes.
Article 17: State functionaries taking advantage of their positions to accept property from others and seek benefits for others also constitute the crime of bribery and dereliction of duty as stipulated in Chapter 3, Section 3 and Chapter 9 of the Criminal Law. Anyone who commits a crime shall be punished with the crime of accepting bribes and the crime of dereliction of duty, unless otherwise provided for in the criminal law.
Article 18 All property illegally obtained by corruption and bribery criminals shall be recovered or ordered to be refunded in accordance with the provisions of Article 64 of the Criminal Law, and the legitimate property of the victim shall be returned in a timely manner. Illegal gains that have not yet been recovered or have not been fully refunded shall continue to be recovered or ordered to be refunded.
Article 19 Whoever commits the crime of corruption or accepting bribes shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 100,000 yuan but not more than 500,000 yuan; and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. , shall be concurrently or solely fined not less than 200,000 yuan but not more than twice the amount or property shall be confiscated; A fine of not more than twice the crime amount or confiscation of property may be imposed concurrently or solely.
For other corruption and bribery crimes, if the criminal law stipulates that a fine should be imposed, a fine of not less than 100,000 yuan but not more than twice the amount shall be imposed.
Article 20 This interpretation will come into effect on April 18, 2016. If the judicial interpretations previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.
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