To seek undue advantage, give state officials with property, is the crime of bribery. In economic transactions, in violation of state regulations, to give state officials with property, the amount of larger, or in violation of state regulations, to give state officials with all kinds of nominal kickbacks, fees, to be punished as active bribery. Giving property to a State official as a result of extortion without obtaining an undue advantage is not active bribery. If a person commits the crime of active bribery, he or she shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious and the bribe is used to obtain an undue advantage, or if the national interest suffers a significant loss, he or she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are particularly serious, he or she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and may be liable to confiscation of property. If the briber voluntarily confides in the act of bribery before being prosecuted, the punishment can be reduced or exempted from punishment.
To determine the crime of passive bribery to pay attention to what issues:
1, the crime of passive bribery and the acceptance of legitimate gifts, obtaining legal remuneration boundaries.
2, delineate the boundaries of the crime of passive bribery and general bribery. The key to distinguish between the crime of passive bribery and general bribery is to identify the amount of bribes and the severity of the circumstances.
3. Correctly identify and deal with cases of passive bribery in practice.
4, delineate the boundaries between the crimes of passive bribery and embezzlement.
5. Delineating the boundaries between the crimes of passive bribery and extortion in the form of solicitation of bribes.
6, delineate the boundaries between the crime of passive bribery and the crime of passive bribery of company and enterprise personnel. Bribery and company, enterprise personnel bribery are the use of the convenience of office, solicitation or acceptance of other people's property behavior. The difference between the two is: the subject of the crime is different; the objective aspect of the crime is different; the object of the crime is different.
Legal basis:
Criminal Law
Article 163
Non-State Staff Acceptance of BriberyCorporation, the enterprise or other units of the staff of the use of the convenience of their positions, solicitation of other people's property, or illegally accept other people's property, for the benefit of other people, the amount of a large amount of the sentence to five years of imprisonment or detention. The following fixed-term imprisonment or detention; the amount is huge, shall be sentenced to more than five years of fixed-term imprisonment, and may also be confiscated property.
A staff member of a company, enterprise or other unit who, in the course of economic transactions, takes advantage of the convenience of his or her position and, in violation of state regulations, accepts kickbacks or fees of various kinds under various names for his or her own personal benefit, shall be punished in accordance with the provisions of the preceding paragraph.
State-owned companies, enterprises or other state-owned units engaged in official duties and state-owned companies, enterprises or other state-owned units assigned to non-state-owned companies, enterprises, as well as other units engaged in official duties in the first two paragraphs of the act, in accordance with the provisions of Articles 385 and 386 of this Law shall be convicted and punished.