A typical case of accepting benefits

Guo, head of the Intellectual Property Management Unit of Shehong Municipal Market Supervision Administration, took bribes and used his position to make profits for others. During the period from 20 13 to 20 19, Guo took advantage of his position to introduce business to patent agencies and help relevant personnel to apply for patent incentive funds at higher levels, and received money from some business leaders for 25 1600 yuan many times, which seriously affected the market economic order. Guo also has other violations of discipline and law. In July 2020, Guo was expelled from the party and dismissed from public office, and the suspected violation of the law was transferred to the judicial organs. All illegal gains have been collected and transferred with the case.

Legal basis:

Criminal law of the people's Republic of China

Article 163 Any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, 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.

Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges and accept kickbacks and service fees in various names in violation of state regulations, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units 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 the Criminal Law.

Article 385 Any state functionary who takes advantage of his position to extort money or property from others, or illegally accepts money or property from others 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 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. Whoever asks for a bribe will be punished more severely.

Article 23 If a crime has been committed and fails due to reasons other than the will of the criminal, it is an attempted crime.

Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.