In order to punish the crime of bribery according to law, according to the relevant provisions of the criminal law, some issues concerning the specific application of law in handling criminal cases of bribery are explained as follows:
Article 1. Whoever, in order to seek illegitimate interests, offers bribes of more than 10,000 yuan to state functionaries shall be investigated for criminal responsibility in accordance with the provisions of Article 390 of the Criminal Law.
Article 2 Whoever seeks illegitimate interests through bribery under any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 390 of the Criminal Law:
(a) the amount of bribes is more than two hundred thousand yuan but less than one million yuan;
(two) the amount of bribes is more than one hundred thousand yuan but less than two hundred thousand yuan, and one of the following circumstances:
1. Bribing more than three people;
2. Bribery by using illegal income;
3. In order to carry out illegal and criminal activities, bribing state functionaries who are responsible for the supervision and management of food, medicine, production safety and environmental protection, which seriously endangers people's livelihood and infringes on the safety of public life and property;
4. Bribing state functionaries of administrative law enforcement organs and judicial organs, which affects administrative law enforcement and judicial justice;
(3) Other serious circumstances.
Article 3 Whoever seeks illegitimate interests through bribery and causes direct economic losses of more than one million yuan shall be deemed as "causing great losses to the national interests" as stipulated in the first paragraph of Article 390 of the Criminal Law.
Article 4 Whoever seeks illegitimate interests through bribery under any of the following circumstances shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 390 of the Criminal Law:
(a) the amount of bribes is more than one million yuan;
(two) the amount of bribes is more than five hundred thousand yuan but less than one million yuan, and one of the following circumstances:
1. Bribing more than three people;
2. Bribery by using illegal income;
3. In order to carry out illegal and criminal activities, bribing state functionaries who are responsible for the supervision and management of food, medicine, production safety and environmental protection, which seriously endangers people's livelihood and infringes on the safety of public life and property;
4. Bribing state functionaries of administrative law enforcement organs and judicial organs, which affects administrative law enforcement and judicial justice;
(3) Causing direct economic losses of more than 5 million yuan;
(4) Other particularly serious circumstances.
Article 5 Whoever has paid bribes for many times without treatment shall be punished according to the accumulated amount of bribes.
Article 6 If a briber's act of seeking illegitimate interests constitutes a crime, he shall be punished for several crimes of bribery.
Article 7 If a bribery case is cracked because the briber voluntarily confessed the bribery before being prosecuted, the provisions of Article 68 of the Criminal Law on meritorious service shall not apply, and the punishment may be mitigated or exempted in accordance with the provisions of the second paragraph of Article 390 of the Criminal Law.
Where a unit pays a bribe, before being prosecuted, if the unit collectively decides or the person in charge of the unit decides to confess the bribe voluntarily, it shall be in accordance with the provisions of the second paragraph of Article 390 of the Criminal Law.
Set, the unit and the relevant responsible personnel can be mitigated or exempted from punishment; If the person who is directly responsible for directly handling the bribery of the unit is entrusted to voluntarily confess the bribery of the unit he knows before being prosecuted, the person who is directly responsible for this.
In accordance with the provisions of the second paragraph of Article 390 of the Criminal Law, the punishment may be mitigated or exempted.
Article 8 A briber who truthfully confesses his crime after being prosecuted may be given a lighter punishment in accordance with the provisions of the third paragraph of Article 67 of the Criminal Law. By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
Article 9 If a briber exposes other criminal acts unrelated to his bribery, which are verified, he may be given a lighter, mitigated or exempted punishment in accordance with the provisions of Article 68 of the Criminal Law on meritorious service.
Tenth the implementation of bribery crime, one of the following circumstances, generally do not apply to probation and exemption from criminal punishment:
(a) Bribery of three or more persons;
(2) Having received administrative punishment or criminal punishment for bribery;
(3) Bribery for the purpose of committing illegal and criminal activities;
(4) Causing serious harmful consequences;
(5) Other circumstances in which probation and exemption from criminal punishment are not applicable.
Under the circumstances specified in the second paragraph of Article 390 of the Criminal Law, it shall not be restricted by the provisions of the preceding paragraph.
Article 11 Ill-gotten property benefits from bribery crimes shall be recovered, ordered to make restitution or returned to the victims in accordance with the provisions of Article 64 of the Criminal Law.
It is suggested that the relevant departments should deal with other illegitimate interests, such as business qualifications, qualifications or job promotion, other than property interests.
Article 12 "Seeking illegitimate interests" in bribery crimes means that the interests sought by bribers violate the provisions of laws, regulations, rules and policies, or require state functionaries to provide help or convenience for themselves in violation of the provisions of laws, regulations, rules, policies and industry norms.
Those who violate the principles of fairness and justice and seek competitive advantage in economic, organizational and personnel management activities shall be deemed as "seeking illegitimate interests".
Article 13 The term "before prosecution" as mentioned in the second paragraph of Article 390 of the Criminal Law refers to the period before the procuratorial organ initiates criminal proceedings against the briber.