Article 1. The amount of corruption or bribery shall be more than 30,000 yuan and less than 20,000 yuan. If the amount exceeds 100,000 yuan, it shall be deemed as a “large amount” as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, and any of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to three years Fixed-term imprisonment of not more than three years or criminal detention, and a fine:
(1) Embezzling specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations, etc.;
(2) Being subject to disciplinary or administrative sanctions due to corruption, bribery, or misappropriation of public funds;
(3) Being criminally investigated for intentional crimes;
(4) Illegal money The stolen goods are used for illegal activities;
(5) Refusing to explain the whereabouts of the stolen money or the stolen goods or refusing to cooperate with recovery efforts, resulting in the failure to recover them;
(6) Causing adverse effects or other serious consequences.
Anyone who accepts a bribe of more than 10,000 yuan but less than 30,000 yuan and falls under the circumstances specified in items 2 to 6 of the preceding paragraph, or falls under any of the following circumstances, shall be deemed to be under Article 380 of the Criminal Law "Other serious circumstances" stipulated in the first paragraph of Article 3 shall be punished with fixed-term imprisonment of not more than three years or criminal detention, and shall also be punished with a fine:
(1) Repeated solicitation of bribes;
(2) ) Seeking unfair benefits for others, causing losses to public property, the interests of the country and the people;
(3) Seeking job promotion or adjustment for others.
Article 2 If the amount of embezzlement or bribery is more than 200,000 yuan but less than 3 million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and shall be punished with a three-year fine. to fixed-term imprisonment of not less than 10 years but not more than 10 years, and shall also be fined or have property confiscated.
If the amount of corruption is more than 100,000 yuan but less than 200,000 yuan, it shall be deemed as "other serious circumstances" stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to not less than three years but not more than ten years. Fixed-term imprisonment and concurrent fine or confiscation of property.
Where the amount of bribery is more than 100,000 yuan but less than 200,000 yuan and falls under any of the circumstances specified in paragraph 3 of Article 1 of this Interpretation, it shall be deemed to be a crime under paragraph 1 of Article 383 of the Criminal Law. Those who commit "other serious circumstances" as specified in the regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or have their property confiscated.
Article 3: Anyone who embezzles or accepts bribes in an amount exceeding three million yuan shall be deemed to be an "especially huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than ten years. , life imprisonment or death penalty, and a fine or confiscation of property.
If the amount of corruption is more than 1.5 million yuan but less than 3 million yuan, it shall be deemed as "other particularly serious circumstances" stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to ten years The above shall be punishable by fixed-term imprisonment, life imprisonment or death, and shall also be subject to a fine or confiscation of property.
Where the amount of bribes is between 1.5 million yuan and less than 3 million yuan, and one of the circumstances specified in paragraph 3 of Article 1 of this Interpretation is met, it shall be deemed as Article 383 of the Criminal Law. "Other particularly serious circumstances" stipulated in paragraph 1 shall be punishable by imprisonment of not less than ten years, life imprisonment or death, and shall also be subject to a fine or confiscation of property.
Article 4 If the amount of corruption or bribery is particularly huge, the crime is particularly serious, the social impact is particularly bad, and it causes particularly heavy losses to the interests of the country and the people, the death penalty may be imposed.
Comply with the provisions of the preceding paragraph, but have surrendered, performed meritorious service, truthfully confessed their crimes, sincerely repented, actively returned stolen goods, or avoided or reduced the occurrence of damaging consequences, etc. , does not require immediate execution, but may impose a death sentence suspended for two years.
Those who comply with the provisions of the first paragraph may be sentenced to death with a two-year suspended execution based on the circumstances of the crime. The referee decides that after the two-year suspended execution period expires, the person shall be sentenced to life imprisonment without commutation or parole.
Article 5 Whoever misappropriates public funds for personal use to carry out illegal activities, and the amount exceeds 300,000 yuan, shall be investigated for criminal liability for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; if the amount exceeds 300,000 yuan, If the amount exceeds 10,000 yuan, it shall be deemed as a “huge amount” as stipulated in the first paragraph of Article 384 of the Criminal Law. Any of the following circumstances shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law:
(1) The amount of misappropriation of public funds exceeds one million yuan;
(2) Misappropriating specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, etc., the amount is more than 500,000 yuan but less than 1 million yuan;
( 3) Misappropriation of public funds without repayment, and the amount is more than 500,000 yuan but less than 1 million yuan;
(4) Other serious circumstances.
Article 6: Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to repay it for more than three months, and the amount exceeds 50,000 yuan, shall be deemed to have committed the crime as prescribed in paragraph 1 of Article 384 of the Criminal Law. The amount is "large"; if the amount is more than 5 million yuan, it shall be deemed as "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law. Any of the following circumstances shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law:
(1) The amount of misappropriation of public funds exceeds 2 million yuan;
(2) Misappropriating specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, etc., with an amount of more than one million yuan but less than two million yuan;
( 3) Misappropriation of public funds and failure to repay the amount is between one million yuan and less than two million yuan;
(4) Other serious circumstances.
Article 7 Anyone who offers bribes to state functionaries in an amount of more than 30,000 yuan in order to seek illegitimate benefits shall be held criminally responsible for the crime of accepting bribes in accordance with the provisions of Article 390 of the Criminal Law.
If the amount of bribes exceeds 10,000 yuan but less than 30,000 yuan, and any of the following circumstances occurs, criminal liability will be investigated for the crime of accepting bribes in accordance with the provisions of Article 390 of the Criminal Law:
(a) Bribing three or more people;
(2) Using illegal income to bribe;
(3) Using bribes to seek job promotion or adjustment;
(4) Bribery to state officials responsible for supervision and management of food, medicine, production safety, environmental protection, etc., and engage in illegal activities;
(5) Bribery to judicial personnel, affecting the judiciary Just;
(6) Causing economic losses of more than 500,000 yuan but less than 1 million yuan.
Article 8 If one of the following circumstances occurs, it shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 390 of the Criminal Law:
(1) The amount of bribes accepted is within More than one million yuan but less than five million yuan;
(2) The amount of bribery is more than 500,000 yuan but less than one million yuan, and the amount of bribery is more than 500,000 yuan but less than 1 million yuan, and it has the following conditions: Article 7, paragraph 2, item 1 to One of the circumstances specified in item 5;
(3) Other serious circumstances.
Anyone who bribes state functionaries in order to obtain illegitimate benefits and causes economic losses of more than 1 million yuan but less than 5 million yuan shall be deemed to be a "violator" as stipulated in the first paragraph of Article 390 of the Criminal Law. causing heavy losses to national interests."
Article 9 If one of the following circumstances occurs, it shall be deemed as a "particularly serious circumstance" as stipulated in the first paragraph of Article 390 of the Criminal Law:
(1) Amount of bribe accepted More than five million yuan;
(2) The amount of bribery is more than 2.5 million yuan but less than 5 million yuan, which falls under one of the circumstances stipulated in items 1 to 5 of paragraph 2 of Article 7 of this Interpretation ;
(3) Other particularly serious circumstances.
Anyone who bribes state functionaries in order to obtain illegitimate benefits and causes economic losses of more than 5 million yuan shall be deemed as "causing special suffering to national interests" as stipulated in the first paragraph of Article 390 of the Criminal Law. heavy losses".
Article 10 The applicable standards for conviction and sentencing of the crime of accepting bribes by using influence as stipulated in Article 388 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of accepting bribes.
The applicable standards for conviction and sentencing of the crime of accepting bribes by using influence as stipulated in Article 390-1 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of accepting bribes.
If a unit pays a bribe to an influential person, and the amount exceeds 200,000 yuan, it shall be held criminally responsible for the crime of bribery to an influential person in accordance with the provisions of Article 390-1 of the Criminal Law.
Article 11 Among the crime of bribery of non-state personnel stipulated in Article 163 of the Criminal Law and the crime of embezzlement of duties stipulated in Article 271 of the Criminal Law, "the amount is relatively large" or "the amount is huge". "The starting point of the amount shall be two times or five times the corresponding amount standard for the crime of bribery and corruption stipulated in this Interpretation.
In the crime of misappropriation of funds stipulated in Article 272 of the Criminal Law, the starting point for the amount of "relatively large amount", "huge amount" and "engaging in illegal activities" shall be the "relatively large amount" in this interpretation ", "serious circumstances" and "engaging in illegal activities" are twice the amount standard.
The starting point for “relative amounts” and “huge amounts” in the crime of bribing non-state personnel as stipulated in Paragraph 1 of Article 164 of the Criminal Law shall be Article 7 and Article 7 of this Interpretation. Twice the amount specified in paragraph 1 of Article 8.
Article 12 “Property” in the crime of bribery includes money, items and property interests. Property benefits include material benefits that can be converted into currency such as house decoration and debt relief, as well as other benefits that require payment in currency such as membership services and travel. The amount of the crime committed by the latter shall be calculated based on the amount actually paid or should be paid.
Article 13 If any of the following circumstances occurs, it shall be deemed as “seeking benefits for others”. If it constitutes a crime, he shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes:
( 1) Acting or promising to seek benefits for others;
(2) Knowing that others have specific matters;
(3) Not being entrusted when performing duties, and then using the excuse of performing duties afterwards Accepting other people’s property.
If a state functionary asks for or accepts property worth more than 30,000 yuan from a subordinate with a superior-subordinate relationship or a managed person with an administrative relationship, which may affect the performance of his or her duties, it shall be deemed as a promise to obtain benefits for others. Benefit.
Article 14 If, based on the facts and circumstances of the crime of accepting bribes, a person may be sentenced to fixed-term imprisonment of not more than three years, it may be deemed a "minor crime" as stipulated in Paragraph 2 of Article 390 of the Criminal Law.
Based on the facts and circumstances of the crime, if a person has been or may be sentenced to a fixed-term imprisonment of more than ten years, or the case has a major impact in the province, autonomous region, municipality directly under the Central Government or the whole country, it may be determined as Article 390 of the Criminal Law. "Major cases" specified in paragraph 2.
Anyone who has any of the following circumstances can be deemed to have "played a key role in the detection of major cases" as stipulated in the second paragraph of Article 390 of the Criminal Law:
(1) Taking the initiative Handing over major case clues that are not grasped by the case-handling agency;
(2) The criminal clues voluntarily handed over are not major case clues, but play an important role in the detection of major cases;
(3) Taking the initiative to confess the fact of accepting bribes, playing an important role in the collection of evidence in major cases;
(4) Taking the initiative to confess the facts of accepting bribes, playing an important role in the pursuit of fugitives and recovering stolen property in major cases.
Article 15: For multiple bribery cases that have not been dealt with, the cumulative amount of bribes will be calculated.
State staff took advantage of their positions to accept property from clients many times to seek benefits for them. If the amount of property received before being entrusted exceeds 10,000 yuan, it shall be included in the amount of bribes accepted.
Article 16. If a state employee illegally possesses public property, accepts other people's property, and then uses the stolen money for official expenditures of his or her unit or social donations, it will not affect the determination of the crime of corruption and bribery, but it can be taken into consideration when sentencing.
If a state functionary solicits or accepts other people's property and fails to return or hand it over knowingly that it is another person's property, it shall be deemed that the state functionary has the intention to accept bribes.
Article 17: State functionaries take advantage of their positions to accept property from others and seek benefits for others, which simultaneously constitutes the crime of accepting bribes and bribery as stipulated in Chapter 3, Section 3 and Chapter 9 of the Criminal Law. Those who commit the crime of dereliction of duty shall be punished for the crime of accepting bribes and the crime of dereliction of duty, unless otherwise provided in the criminal law.
Article 18 All property illegally obtained by corruption and bribery criminals shall be recovered or ordered to be refunded in accordance with the provisions of Article 64 of the Criminal Law, and the legitimate property of the victim shall be returned in a timely manner. Illegal gains that have not yet been recovered or have not been fully refunded shall continue to be recovered or ordered to be refunded.
Article 19 Whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention for corruption or accepting bribes shall also be fined not less than 100,000 yuan but not more than 500,000 yuan; If the offender is sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, he shall also be fined not less than 200,000 yuan but not more than twice the amount or have his property confiscated.
Any other crime of corruption and bribery stipulated in the criminal law shall be punished with a fine, and the fine shall be not less than 100,000 yuan but not more than twice the amount.
Article 20 This interpretation will come into effect on April 18, 2065. If the judicial interpretations previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.