The object of the crime of accepting bribes is "bribery", and the current criminal law limits the content of the crime of accepting bribes to property. Introducing the crime of bribery is subjective and intentional, that is, knowing that it is helping bribers or bribers to promote bribery transactions. Objectively speaking, it is the behavior of the actor to contact, communicate, introduce and match between the briber and the briber, thus promoting the realization of bribery.
Paragraph 1 of Article 392 of the Criminal Law: "Whoever introduces a bribe to a state functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined."
Article 393 of the Criminal Law: "If a unit offers bribes to seek illegitimate interests, or violates state regulations by giving kickbacks or handling fees to state staff, if the circumstances are serious, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. If the illegal gains from bribery are owned by individuals, they shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law.
Therefore, it is a crime to send a gift card of 3,000 yuan, which constitutes a crime of bribery.
Extended data:
Criminal punishment of bribery;
1, bribing 1-30000 yuan, bribing more than three state employees or bribing 35438+0000 yuan, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
2. If the amount of bribes is 500,000 yuan-1million yuan, and bribes are paid to more than three people or 100-3 million yuan, they shall be sentenced to fixed-term imprisonment of more than five years and less than10 years;
3. If the amount of bribes is more than 2.5 million yuan and less than 5 million yuan, and more than 3 people are bribed, or the amount of bribes is more than 5 million yuan, causing heavy losses to the country, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Baidu encyclopedia-bribery crime
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law