Whoever, in order to seek illegitimate interests, pays bribes to state functionaries in an amount of more than 30,000 yuan shall be investigated for criminal responsibility for accepting bribes in accordance with the provisions of Article 390 of the Criminal Law.
If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, criminal responsibility shall be investigated for accepting bribes in accordance with the provisions of Article 390 of the Criminal Law:
(a) Bribery of three or more persons;
(2) Bribery by using illegal income;
(3) seeking job promotion or adjustment through bribery;
(4) offering bribes to state functionaries who are responsible for the supervision and management of food, medicines, production safety and environmental protection, and engaging in illegal activities;
(five) bribing judicial personnel, which affects judicial justice;
(6) Causing economic losses of more than 500,000 yuan but less than 1 million yuan.
1, the object of the crime of accepting bribes is the normal management of state organs and the non-buyability of public officials' job behavior. The object of this crime is individual civil servants.
2. The crime of accepting bribes is manifested in the objective aspects of crime:
(1) Seek illegitimate interests for yourself;
(2) the act of bribing state functionaries with money;
(three) in violation of state regulations, in various names to give national staff kickbacks, fees;
(4) the amount is large.
3. The subject of bribery crime is the general subject, that is, the actor is a natural person who has reached the age of criminal responsibility and has criminal responsibility ability.
4. The crime of bribery is intentional in the subjective aspect of the crime, that is, the briber is very aware of the purpose and nature of his bribery, but he still acts for personal gain.
According to Article 390 of the Criminal Law, whoever pays a bribe shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; 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, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
If the briber voluntarily confesses the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.
As a lawyer, we must first respect the judicial justice of the law. No one can interfere with the judge's judgment, especially by bribing the judge to influence the verdict. Bribery is a serious violation of laws and disciplines in China. Once someone breaks the law, they will be investigated by the relevant departments and severely punished by the law.