According to Article 389 of the Criminal Law of People's Republic of China (PRC), the crime of accepting bribes
It is a crime of bribery to give property to state functionaries in order to seek illegitimate interests. In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery. It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.
Article 390 The crime of accepting bribes stipulates: whoever pays bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate interests through 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.
Extended data
Case: On April 3, 20 15, the first branch of Tianjin People's Procuratorate sued Zhou Yongkang to Tianjin No.1 Intermediate People's Court. According to reports, Tianjin No.1 Intermediate People's Court accepted the case according to the decision of designated jurisdiction issued by the Supreme People's Court, formed a collegial panel according to law, served a copy of the indictment on Zhou Yongkang, and informed him of the relevant litigation rights and obligations.
Two lawyers entrusted by Zhou Yongkang met with Zhou Yongkang many times and consulted the whole case file. Before the trial, the court held a pre-trial meeting attended by the prosecutor, the defendant and the defender, and listened to the opinions of both the prosecution and the defense on issues related to the trial, such as jurisdiction, avoidance, trial mode, whether to apply for the exclusion of illegal evidence, and whether to apply for witnesses to appear in court, and organized both the prosecution and the defense to present evidence before the trial.
During the trial, the court investigated the alleged facts, and both the prosecution and the defense gave evidence, cross-examined and cross-examined witnesses. During the court debate, both the prosecution and the defense fully expressed their opinions on the alleged criminal facts, legal application, sentencing and other issues. The court accepted the arguments and opinions put forward by Zhou Yongkang and his defenders that were in line with the facts and well-founded in the law.
Tianjin No.1 Intermediate People's Court pronounced the case of Zhou Yongkang accepting bribes, abusing his power and deliberately revealing state secrets in the first instance according to law, and found Zhou Yongkang guilty of accepting bribes, sentenced to life imprisonment, deprived of political rights for life, and confiscated personal property; He was convicted of abuse of power and sentenced to seven years in prison; He was found guilty of intentionally revealing state secrets and sentenced to four years in prison. Sentenced to life imprisonment, deprived of political rights for life, and confiscated personal property.
Guangming Daily-Zhou Yongkang was sentenced to life imprisonment at first instance.