One, how to determine the medical representative bribe?
In accordance with the provisions of Article 164 of the Criminal Law, in order to seek undue advantage, give companies, enterprises or other units of the staff to the property, the amount of larger, will constitute the crime of bribery of non-state workers. Article 4 of the Opinions on Several Issues on the Application of Law in Handling Criminal Cases of Commercial Bribery of the two high courts stipulates that medical personnel in medical institutions, using their position as prescription facilitators, illegally accepting medicines, medical devices, medical sanitary materials and other pharmaceutical products in various names, and obtaining benefits for the sellers of pharmaceutical products in a relatively large amount shall be convicted and punished according to Article 163 of the Criminal Law, and shall be sentenced as a non-State staff member for accepting bribes. Non-state staff passive bribery offense convicted and punished. A send a receive, which constitutes active and passive bribery. So, determine whether the medical representative of non-state staff bribery, the main investigation is: 1, whether to seek drug sales; 2, whether to give medical personnel property; 3, whether to give the property to reach the larger amount of standards, that is, to achieve the current public security organs to file a recourse standard of more than 10,000 yuan. The pursuit of drug sales would have been unquestionable, but the bribe means of promotion, in essence, is to seek competitive advantage by improper means, contrary to the principle of fairness and impartiality, should be recognized as "seeking undue advantage". In addition, because the hospital leadership and department heads with hospital managers and medical workers in a dual capacity, if as a public hospital managers, in the equipment or other bulk purchases of decision-making, acceptance of medical representatives of the property, the two sides will face a more serious levy on the state staff of the crime of active bribery and bribery of criminal responsibility.Second, the medical representative of the penalty for bribery
If the medical representative of the bribery does not reach the criminal prosecution of the standard, the medical representative will not be held criminally liable. If it constitutes a crime, it will be penalized. 1, constitute a non-state staff bribe, the amount is larger, that is, in more than 10,000 yuan, will be punished by less than three years of imprisonment or detention, and fines. 2, if the "amount is huge", that is, the amount of more than 100,000 yuan, will be sentenced to imprisonment for three to ten years, and a fine. 3, if the bribe-taker before being prosecuted to take the initiative to confess to bribery, the punishment can be reduced or exempted from punishment. ("Before being prosecuted" refers to the case-handling authorities on the bribery behavior before the case) 4, if the bribed party is a public hospital administrator, in the capacity of the hospital for the purchase of large amounts of economic activities such as acceptance of medicine on behalf of the property, the two sides in accordance with the crime of accepting bribes and the crime of bribe-taking. Bribe more than 10,000 yuan, medical representatives will be sentenced to less than five years of imprisonment or detention, and fines; the circumstances of the seriousness of the sentenced to more than five years of imprisonment for less than ten years; the circumstances are particularly serious or so that the national interest suffered particularly significant losses, sentenced to more than ten years of imprisonment or life imprisonment, and fines or confiscation of property. Aggravating circumstances means: the amount of bribe is more than 200,000 yuan or less than 1 million yuan, or more than 100,000 yuan or less than 1 million yuan, but also to more than three people, the use of illegal proceeds of bribery, and so on. The circumstances are particularly serious: the bribe amount of more than 1 million, or the bribe amount of more than 500,000 yuan less than 1 million yuan and one of the following circumstances; to more than three people to pay bribes; will be used for bribes; in order to carry out illegal and criminal activities, to the food, drugs, safety, environmental protection supervision and management of the state staff responsible for paying bribes, a serious danger to people's livelihood, violating the safety of public life and property; to the public life and property security; to the public life and property security; to the public life and property security; to the public life and property security; to the public life and property security. Public life and property safety; to the administrative law enforcement agencies, judicial organs of the state staff to pay bribes, affecting administrative law enforcement and judicial justice; causing direct economic losses amounting to more than 5 million yuan, and so on. 5. Multiple active bribery is not dealt with, according to the cumulative amount of bribery penalties. 6. Unjustified property gains from bribery will be recovered. In summary, the legal consequences of bribery on behalf of the pharmaceutical industry is very serious, according to two different bribery objects, one is a non-state staff, bribe more than 10,000, sentenced to less than 3 years of imprisonment, more than 100,000 sentenced to 3-10 years; the second is the management of public hospitals, bribe more than 10,000, sentenced to less than 5 years of imprisonment, 20-1 million sentenced to 5-10 years, more than one million sentenced to more than 10 years until no more than 10 years, and the second is the management of public hospitals, bribe more than 10,000, sentenced to less than five years of imprisonment, 20-10 million sentenced to 10 years. The second is the public hospital administrator, who is sentenced to imprisonment of less than 5 years for bribes of 10,000 yuan, 5-10 years for bribes of 200,000-1,000,000 yuan, and 1,000,000 yuan for bribes of 10,000 yuan.