Corruption not only violates the ownership of public property, but also violates the normal activities of state organs, state-owned enterprises and institutions and the integrity of their posts. The object of this crime is public property or the property of non-state-owned units. Objectively, it is an act of embezzling, stealing, defrauding or illegally occupying public property by taking advantage of his position.
If the amount of corruption is small and the circumstances are minor, it is generally not punished as corruption, but given disciplinary sanctions.
Article 383 of the Criminal Law stipulates that those who commit corruption shall be punished according to the following provisions according to the seriousness of the case:
(1) Whoever embezzles a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be 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 10 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 10 years or life imprisonment, and shall also be fined or confiscated;
(4) If the amount is especially huge, causing particularly heavy losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated.
The amount standard of corruption crime is:
( 1)
The amount is
More than 30 thousand yuan but less than 200 thousand yuan, belonging to
"a lot"
;
(2)
The amount is
More than 200,000 yuan but less than 3 million yuan,
belong to
"the amount is huge"
;
(3)
The amount is
More than 3 million yuan, belonging to "
The amount is extremely huge.
",
(
four
)
The amount is
1.5 million yuan but less than 3 million yuan, suspected of "
Other particularly serious circumstances.
"。
Lianyungang Intermediate People's Court of Jiangsu Province
punish
material
judge
decision
book
(202 1)
The abbreviation of Suzhou/Jiangsu Province/Soviet Union/a surname
07
Early punishment
1
figure
The People's Procuratorate of Lianyungang City, Jiangsu Province accused:
20 12
Solstice year
2020
During the period, the defendant took advantage of his position to help a group company in Jiangsu, a furniture company in Lianyungang, Dong Moujia and some other individuals in project contracting, project payment, asset acquisition, seedling sales and work adjustment.
20 13
Solstice year
2020
During the year, the defendant Xu Xuefeng received RMB from the above-mentioned units and individuals for many times.
2 13
10,000 RMB, in memory of
148
Ten thousand yuan bank card, worth RMB.
Ten thousand yuan supermarket shopping card, USD.
Ten thousand yuan RMB, Canadian dollar
The value of ten thousand yuan and RMB.
Ten thousand yuan of gold bars, * * * is equivalent to RMB.
Ten thousand yuan.
We believe that the defendant Xu Xuefeng.
As a national staff member
,
Take advantage of his position
,
Seek benefits for others
, more
Accepting other people's property, * * * converted into RMB.
ten thousand yuan
,
The amount is extremely huge.
His behavior has constituted the crime of accepting bribes.
The fact that the public prosecutor accused the defendant Xu Xuefeng of accepting bribes was clear, and the evidence was true and sufficient, so he was convicted and our court supported him according to law. Defendant Xu Xuefeng pleaded guilty voluntarily and was given a lighter punishment according to law.
After the defendant Xu Xuefeng was brought to justice, he truthfully confessed most of the facts of bribery crimes that the case-handling unit did not grasp, which was a confession and was given a lighter punishment according to law.
Most of the stolen money and goods of the defendant Xu Xuefeng have been recovered and detained, which should be considered when sentencing. With regard to the proposal of the defendant Xu Xuefeng and his defender,
"
Xu Xuefeng voluntarily confessed most of the criminal facts that the case-handling unit has not yet mastered, and voluntarily pleaded guilty and repented. Most of the stolen money has been recovered and detained, requesting a lighter punishment.
"
After investigation, the defense and defense opinions are true and adopted by our hospital.
According to the criminal facts, nature and circumstances of the defendant Xu Xuefeng and the degree of harm to society, in accordance with the provisions of Article 385, Paragraph 1, Article 383, Paragraph 1 (3), Paragraph 2, Article 386, Paragraph 3 of Article 67, Article 61 and Article 64 of the Criminal Law of People's Republic of China (PRC),
One,
Defendant Xu Xuefeng committed the crime of accepting bribes.
Sentenced to ten years' imprisonment
Force the opinion and view of a person or party on others
A fine of RMB500,000 was imposed.
.
Two. The property obtained by the defendant Xu Xuefeng for accepting bribes shall be converted into RMB.
Three million seven hundred and sixty-four thousand two hundred and twelve cents only and the fruits thereof shall be recovered and turned over to the state treasury.
.
Huacheng Shenzhen criminal lawyer team is led by Wang Bin, a criminal barrister with 25 years' practice experience.
Focus on Shenzhen customs cases, major criminal cases and economic crimes.