Interpretation of some problems on the application of law in handling criminal cases of corruption and bribery
(Adopted at the1680th meeting of the Supreme People's Court Judicial Committee on March 28th, 20 16, and the 50th meeting of the 12th Procuratorial Committee in the Supreme People's Procuratorate on March 25th, 20 18, which will take effect on April 28th, 2008).
In order to punish the criminal activities of corruption and bribery according to law, according to the relevant provisions of the criminal law, some issues concerning the application of law in handling criminal cases of corruption and bribery are explained as follows:
Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as a "relatively 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, under any of the following circumstances, it shall be deemed as "other serious circumstances" 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:
(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;
(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;
(3) Being criminally investigated for intentional crimes;
(four) the stolen money is used for illegal activities;
(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;
(6) Causing adverse effects or other serious consequences.
If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:
(a) repeatedly asking for bribes;
(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;
(3) seeking job promotion or adjustment for others.