If a state employee violates state regulations and accepts kickbacks and handling fees in various names in economic transactions, which are owned by individuals, they will be punished for the crime of accepting bribes.
Article 386 Provisions on Punishing the Crime of Accepting Bribery Anyone who commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law based on the amount and circumstances of the bribe accepted. Whoever asks for bribes will be punished more severely.
Article 387: Units commit the crime of accepting bribes. If a state agency, state-owned company, enterprise, institution, or people's organization solicits or illegally accepts property from others to seek benefits for others, and the circumstances are serious, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be fined five to fixed-term imprisonment of not more than 10 years or criminal detention.
Any unit listed in the preceding paragraph that secretly accepts kickbacks and handling fees in various names outside the accounts during economic transactions shall be punished for the crime of accepting bribes and shall be punished in accordance with the provisions of the preceding paragraph.
Article 388: If a state functionary takes advantage of his or her authority or position to seek illegitimate benefits for a client through the actions of other state functionaries, and solicits or accepts property from the client, he or she shall The crime of accepting bribes will be punished.
Reply of the Supreme People's Procuratorate on issues related to handling bribery cases of retired state functionaries
(Gao Jianfa Yanzi [1993] No. 10)
Liaoning Provincial People's Procuratorate :
Your bureau has received the "Request for Instructions on When to Start Calculating the Time for Retired State Staff to Become the Subject of the Crime of Bribery". After studying and soliciting the opinions of the Supreme People's Court, the reply is as follows:
After the promulgation and implementation of the "Supplementary Provisions of the Standing Committee of the National People's Congress on Punishing the Crime of Corruption and Bribery", any matters that occurred before the release of the "Reply" of the Two High People's Congress have not yet been The "Reply" should be applied to cases of retired state functionaries accepting bribes that are being handled or are being handled, and no changes can be made to cases that have been handled before the "Reply" is issued.
This reply
1993 165438+October 10
The Supreme People's Procuratorate and the Supreme People's Court regarding serious investigation and punishment of serious bribery while handling major bribery crimes Notice to criminals
The higher people's courts, people's procuratorates, military courts, and military procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government:
In recent years, the people's courts and people's procuratorates at all levels have severely punished a group of criminals in accordance with the law. A number of serious bribe-taking criminals have been eliminated, and good social results have been achieved. However, there are still some bribery criminals who wantonly recruit and corrupt state officials, but they have not been held accountable by the law. They continue to commit bribery crimes, seriously jeopardizing the integrity of the party and the country. In order to severely punish serious bribery crimes in accordance with the law, you are hereby notified as follows:
First, we must fully understand the importance of severely punishing bribery crimes for fully implementing the Party Central Committee’s anti-corruption work deployment, deepening the anti-corruption struggle, and curbing and preventing bribery crimes from the source. important meaning. People's courts and people's procuratorates at all levels must strictly punish bribery crimes as an important and urgent task in the fight against corruption. While continuing to severely punish bribery criminals, we must severely punish and resolutely crack down on serious bribery criminals in accordance with the law.
2. Bribery for the purpose of seeking improper benefits constitutes the crime of bribery. Anyone who bribes an organization must be held criminally responsible by the organization in accordance with the law. "Seeking illegitimate interests" refers to seeking benefits that violate laws, regulations, national policies, and the provisions of various departments of the State Council, requiring state functionaries or relevant units to provide assistance or for behavior that violates laws, regulations, national policies, and provisions of various departments of the State Council. Conveniences.
If introducing bribery to state officials constitutes a crime, it must also be investigated and dealt with in accordance with the law.
3. At present, special attention must be paid to severely punishing the following serious bribery crimes in accordance with the law:
1. The amount of bribes is huge, multiple bribes or multiple bribes;
2. Bribery to party and government cadres and judicial personnel;
3. Bribery to customs, industry and commerce, taxation, foreign exchange management, etc. for illegal and criminal activities such as smuggling, tax evasion, tax fraud, foreign exchange fraud, illegal trading of foreign exchange, etc. Bribery by administrative law enforcement agencies;
4. Bribery to staff of banks and other financial institutions and securities management agencies, illegally handling financial and securities business, resulting in heavy losses to national interests;
5. Bribery to relevant competent departments and their leaders to illegally obtain project development rights, contracting rights, and operation rights, resulting in heavy losses to public property, the interests of the country and the people;
6. Due to manufacturing and sales Counterfeit and shoddy products, causing serious consequences to relevant state agencies, state-owned units and state staff;
7. Other serious bribery crimes.
4. When investigating and handling serious criminal cases of bribery and bribery, we must not only adhere to the principle of severe punishment, but also pay attention to the implementation of policies. Bribery givers and bribe takers who fall under the circumstances specified in Paragraph 2 of Article 390 and Paragraph 2 of Article 392 of the Criminal Law and take the initiative to explain the situation of accepting bribes and introduce the circumstances of the crime of accepting bribes before being prosecuted may be mitigated in accordance with the law. Or be exempted from punishment; the briber or the briber who truthfully reports the bribery situation after being prosecuted may also be given a lighter punishment as appropriate.
5. In seriously investigating and handling serious criminal cases of bribery and bribery, we must pay attention to fighting strategies and working methods. It is necessary to organically combine the investigation and handling of major bribery crimes with the investigation and handling of serious bribery crimes, promote the investigation and handling of major bribery crimes, and promote the comprehensive and in-depth investigation of corruption and bribery cases.
6. People’s courts and people’s procuratorates at all levels should carefully summarize experiences and lessons based on the handling of bribery cases, identify existing problems, and propose practical solutions to change the ineffective crackdown on serious bribery crimes. situation. The Supreme People's Court and the Supreme People's Procuratorate must promptly report any problems they encounter in their work.
Please follow the above notice carefully.