2. The Anti-Corruption and Bribery Bureau is an internal organ of the Procuratorate, and its functions and powers are mainly to handle the investigation of duty crimes such as corruption, bribery and misappropriation of public funds by state organs.
The Anti-Corruption and Bribery Bureau investigates the clues provided by the reporting center or other channels, and if it believes that there are criminal facts that need to be investigated for criminal responsibility, it will file a case. If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed; If there is a signed complainant, the complainant shall be informed of the reasons for not filing the case.
The Anti-Corruption and Bribery Bureau is a statutory investigation organ with clear legal authorization, investigation power, special investigation work and compulsory measures.
1. according to article 382 of the criminal law of People's Republic of China (PRC), it is a crime of corruption for a state functionary to embezzle, steal, cheat or illegally occupy public property by other means by taking advantage of his position.
a person entrusted by a state organ, state-owned company, enterprise, institution or people's organization to manage state-owned property embezzles, steals, cheats or illegally occupies state-owned property by other means by taking advantage of his position, which is regarded as corruption.
those who collude with the persons listed in the preceding two paragraphs and collude with corruption shall be punished as * * *.
2. According to Article 383 of the Criminal Law of People's Republic of China (PRC), whoever commits the crime of corruption shall be punished according to the following provisions according to the seriousness of the case:
"(1) Whoever commits a large amount of corruption or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined.
"(2) If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years, and shall also be fined or confiscated.
"(3) If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.
"If repeated corruption is not handled, it will be punished according to the accumulated amount of corruption.
"Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, actively returns stolen goods, and avoids or reduces the occurrence of damage results, may be given a lighter, mitigated or exempted punishment under the circumstances specified in the first paragraph; In the case of the second and third provisions, a lighter punishment may be given.
if a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the execution period with a two-year suspension, without commutation or parole.
3. According to Article 385 of the Criminal Law of People's Republic of China (PRC), it is the crime of accepting bribes for the benefit of others.
any state functionary who, in violation of state regulations, accepts kickbacks and service fees in various names in economic exchanges and owns them by himself shall be punished as accepting bribes.
4. According to Article 386 of the Criminal Law of People's Republic of China (PRC), 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.
5. according to article 388 of the criminal law of People's Republic of China (PRC), any state functionary who, by taking advantage of his authority or position, seeks illegitimate interests for the consignor through the behavior of other state functionaries, demands or accepts the consignor's property shall be punished as accepting bribes.