According to Article 163 of the Criminal Law of People's Republic of China (PRC), employees of companies and enterprises who take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
Staff members of companies and enterprises who, in economic exchanges, violate state regulations and accept kickbacks and service fees in various names, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.
Personnel of state-owned companies and enterprises engaged in official business and personnel assigned by state-owned companies and enterprises to engage in official business in non-state-owned companies and enterprises who commit the acts mentioned in the preceding two paragraphs shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.
Article 385 stipulates that a state functionary who takes advantage of his position to ask for other people's property, or illegally accepts other people's property to seek benefits for others, is guilty of accepting bribes.
State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.
Article 386 stipulates that whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes, and the bribery shall be given a heavier punishment.
Article 383 stipulates that those who commit corruption shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.
(2) Individuals who embezzle more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than five years and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property.
(3) Individuals who embezzle more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan and repents after committing a crime and actively returns the stolen goods, the criminal punishment may be mitigated or exempted, and the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions.
(4) If the amount of personal corruption is less than 5,000 yuan, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given at the discretion of the unit to which they belong or the competent authority at a higher level.
If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.
Extended data:
Case: Suixi police quickly cracked a bribery case of non-state staff.
Recently, through careful work, the Economic Investigation Brigade of Suixi County Public Security Bureau in Anhui Province quickly cracked a bribery case of non-state staff.
In August this year, the Economic Investigation Brigade of Suixi County Public Security Bureau received an alarm from an enterprise in Liuqiao Town, claiming that Li, a staff member in charge of equipment procurement, used his position to seek personal gain during the procurement process.
After receiving the report, the police of the Economic Investigation Brigade immediately launched an investigation. The police learned that when the company inspected a batch of equipment purchased by Li from a company in Jinjiang, it found that the materials used in the purchased equipment did not match the materials indicated when signing the contract, and it was suspected that Li had "eaten kickbacks".
After learning about this situation, the police checked Li's account and found that Li did have funds with the other company. Another company remitted 300,000 yuan to Li's private account during the purchase.
The police immediately verified with the other company that the other company did not cooperate with the investigation and shirked it with various excuses. With the unremitting efforts of the police, the other company finally admitted that during the cooperation with him, Li asked him for a "benefit fee" of 300,000 yuan on the grounds of long-term cooperation in the future.
Because Li gave the temptation of "long-term cooperation", and the payment of nearly 7 million yuan between the other company and Li's company needed Li's signature settlement, the other company had to remit the money to Li's account.
After confirming this situation, Suixi County Public Security Bureau put Li into criminal detention in September this year and made further investigation. During the investigation, the police received an alarm from a company in Jiangyin, saying that Li asked him for a "benefit fee" of 500,000 yuan during the business negotiation with the company.
Jiangyin Company said that Li was responsible for purchasing a special gas in his company. During the procurement period, Li said that he was "responsible" in the company, which purchased nearly 3 million pieces of special gases every year. Then he borrowed 500,000 from Jiangyin Company.
After 500,000 yuan was "borrowed", Jiangyin did not wait until Li came to buy it, so he asked Li about it. Li said that many similar companies in Shanghai and Henan wanted to cooperate with them, but they all refused. I sincerely cooperate with it and let it not worry.
And tell the other party that they can raise the price in the process of cooperation and deduct 500 thousand from the payment. However, Li's company delayed again and again, and finally did not meet the promised demand of 3 million yuan in cooperation. To this end, Li returned 200,000 yuan to Jiangyin Company as compensation.
The evidence is conclusive. Li confessed to his illegal and criminal behavior during the trial. At present, Li has been arrested and the case is under further investigation.
References:
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law
References:
People's Daily Online-Suixi police quickly cracked a bribery case involving non-state staff.