What is the crime of accepting kickbacks?

Accepting kickbacks is suspected of accepting bribes, unit accepting bribes, non-state staff accepting bribes, and employees of companies and enterprises accepting bribes.

1. Any state functionary who, in economic exchanges, violates state regulations, accepts kickbacks and handling fees in various names and owns them by himself shall be punished as accepting bribes.

According to the provisions of the Criminal Law, it is a crime of accepting bribes if a state functionary takes advantage of his position to ask for other people's property, or illegally accepts other people's property to seek benefits for others.

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 accepting bribes.

Sentencing of accepting bribes:

Whoever commits the crime of accepting bribes shall be punished in accordance with the following provisions according to the amount and circumstances of accepting bribes:

(1) Whoever accepts a huge amount of bribes or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

1, "a large amount of bribes" means that the amount of bribes is more than 30,000 yuan but less than 200,000 yuan.

2, the amount of bribes in more than ten thousand yuan but less than thirty thousand yuan, one of the following circumstances, shall be deemed as "other serious circumstances":

(1) has been punished by party discipline and political discipline for corruption, bribery and misappropriation of public funds;

(2) Being criminally investigated for intentional crimes;

(three) the stolen money is used for illegal activities;

(4) refusing to account for the whereabouts of stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(5) Causing adverse effects or other serious consequences.

(six) repeatedly asking for bribes;

(seven) to seek illegitimate interests for others, resulting in losses to public property, the interests of the state and the people;

(8) seeking job promotion or adjustment for others.

(2) Whoever accepts a huge amount of bribes or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated.

1, "the amount of bribes is huge" means that the amount of bribes is more than 200,000 yuan but less than 3 million yuan.

2. If the amount of bribes is more than 100,000 yuan but less than 200,000 yuan, it shall be deemed as "other serious circumstances" under any of the following circumstances:

(1) has been punished by party discipline and political discipline for corruption, bribery and misappropriation of public funds;

(2) Being criminally investigated for intentional crimes;

(three) the stolen money is used for illegal activities;

(4) refusing to account for the whereabouts of stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(5) Causing adverse effects or other serious consequences.

(six) repeatedly asking for bribes;

(seven) to seek illegitimate interests for others, resulting in losses to public property, the interests of the state and the people;

(8) seeking job promotion or adjustment for others.

(3) If the amount of bribes is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated;

If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.

1, "the amount of bribes is extremely large" means that the amount of bribes is more than 3 million yuan.

2. If the amount of bribes is more than 1.5 million yuan but less than 3 million yuan, it shall be deemed as "other particularly serious circumstances" under any of the following circumstances:

(1) has been punished by party discipline and political discipline for corruption, bribery and misappropriation of public funds;

(2) Being criminally investigated for intentional crimes;

(three) the stolen money is used for illegal activities;

(4) refusing to account for the whereabouts of stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(5) Causing adverse effects or other serious consequences.

(six) repeatedly asking for bribes;

(seven) to seek illegitimate interests for others, resulting in losses to public property, the interests of the state and the people;

(8) seeking job promotion or adjustment for others.

3. If the amount of bribes is especially huge, the circumstances of the crime are particularly serious, the social impact is particularly bad, and the interests of the state and the people are particularly significant, the death penalty can be imposed.

In accordance with the provisions of the preceding paragraph, but have surrendered, rendered meritorious service, truthfully confessed their crimes, sincerely repented, actively returned stolen goods, or avoided or reduced the occurrence of damage results. If immediate execution is not required, the death penalty may be suspended for two years.

Those who meet the requirements of the first paragraph may be sentenced to death with a two-year suspension of execution according to the circumstances of the crime. After the expiration of the two-year suspension of execution, the referee shall be sentenced to life imprisonment without commutation or parole.

Elements of bribery crime:

1, object element

The object violated by this crime is a complex object. The main target is the normal management activities of state organs, state-owned companies, enterprises, institutions and people's organizations; The secondary object is the integrity of the duty behavior of state staff.

2. Objective factors

Objectively, this crime shows that the actor takes advantage of his position to ask for other people's property, or accepts other people's property to seek benefits for others.

Judging from the objective behavior of the crime of accepting bribes, there are two specific forms:

(1) The actor took advantage of his position to ask for property from others. Bribery means that bribers take the initiative to ask bribes from bribers in an open or implied way, and some even force the parties to pay bribes in an open or threatening way. In view of the prominent situation of asking for bribes, the subjective malignancy is more serious, the circumstances are worse, and the social harm is more serious than accepting bribes. Therefore, this law clearly stipulates that the crime of bribery shall be severely punished. It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits. Anyone who asks for other people's property, whether seeking benefits for others or not, can constitute the crime of accepting bribes.

(2) The actor takes advantage of his position to accept bribes from others and seek benefits for others. Generally speaking, bribers take the initiative to buy and corrode in various ways. Generally speaking, the briber passively accepts the property of others or accepts the property promised by others to seek benefits for the briber.

3. Main elements

The subject of this crime is a special subject, that is, national staff.

In addition, according to the law, state employees include state employees ex officio, that is, those who engage in public affairs in state organs; State functionaries to be appointed, that is, those who are engaged in public service in state-owned companies, enterprises, institutions and people's organizations, those who are appointed by state organs, state-owned companies, enterprises and institutions to be engaged in public service in non-state-owned companies, enterprises and institutions, and others who are engaged in public service according to law.

4. Subjective factors

Subjectively, this crime is constituted by intention. Only the perpetrator's intentional bribery crime constitutes the crime of accepting bribes, and the negligent behavior does not constitute this crime.

Second, state organs, state-owned companies, enterprises, institutions and people's organizations secretly accept kickbacks and service fees in various names outside the account in economic exchanges, which is regarded as bribery and constitutes the crime of accepting bribes by units.

The crime of accepting bribes by units refers to the behavior of state organs, state-owned companies, enterprises, institutions and people's organizations in economic exchanges, asking for or illegally accepting other people's property, seeking benefits for others, if the circumstances are serious, or secretly accepting kickbacks and handling fees in various names outside the account.

Sentencing:

The Criminal Law stipulates that state organs, state-owned companies, enterprises, institutions and people's organizations extort or illegally accept other people's property and seek benefits for others. If the circumstances are serious, they shall be fined, and the persons directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Units listed in the preceding paragraph who secretly accept kickbacks and handling fees in various names in economic exchanges outside the account shall be punished as bribery and punished in accordance with the provisions of the preceding paragraph.

Components:

1, main aspects

The subject of this crime is somewhat special, which is different from the natural person who commits the crime in general. This crime can only be constituted by state-owned units. Including: state organs, state-owned companies, enterprises, institutions and people's organizations.

Collective economic organizations, Sino-foreign joint ventures, Sino-foreign cooperative enterprises, wholly foreign-owned enterprises and private enterprises cannot become the main body of the crime of accepting bribes by units.

2, the objective aspect

This crime is manifested in soliciting and illegally accepting other people's property and seeking benefits for others, and the circumstances are serious.

3. Object aspect

This crime mainly infringes on the normal management activities and reputation of state-owned units.

4. Subjective aspects

This crime is a unit crime, which is subjectively manifested as direct intention. That is, state-owned companies, enterprises, institutions, organs and organizations have the motivation and purpose to ask for or accept bribes and seek benefits for others.

This kind of bribery of the unit is deliberately manifested as the direct responsible person in charge and other responsible personnel authorized or agreed by the decision-making body of the unit deliberately accepting or demanding bribes, which is the embodiment of the overall will of the legal person.

In addition, the determination of natural person crime in unit bribery crime is determined according to unit bribery crime.

Three, the company, enterprise or other unit staff in economic exchanges, taking advantage of his position, in violation of state regulations, accepting kickbacks and handling fees in various names, which are owned by individuals, shall be convicted and punished for the crime of accepting bribes by non-state staff.

The crime of accepting bribes by non-state employees refers to the behavior of employees of companies, enterprises or other units who take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others.

Sentencing:

According to the criminal law, employees of companies, enterprises or other units 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 three years or criminal detention and fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

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.

Determination of the amount:

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery, the starting point of the amount of "large amount" and "huge amount" in the bribery crime of non-state staff is 2 times and 5 times of the corresponding amount standard in this interpretation.

Therefore, the starting points of "a large amount" and "a huge amount" in the crime of accepting bribes by non-state staff are 60,000 yuan and 654.38+00,000 yuan respectively.

Criteria for filing a lawsuit:

Employees of companies, enterprises or other units who take advantage of their positions to extort or illegally accept other people's property and seek benefits for others, or who take advantage of their positions in economic exchanges and accept kickbacks and service charges in various names in violation of state regulations, with the amount of more than 5,000 yuan belonging to individuals, shall be put on file for prosecution.

Four, the staff of banks or other financial institutions in financial business activities, in violation of state regulations, accept kickbacks and fees in various names, owned by individuals, shall be convicted and punished according to the crime of accepting bribes by non-state staff.

legal ground

Article 385 of the Criminal Law

State functionaries who take advantage of their positions to extort other people's property, or illegally accept other people's property and seek benefits for others, are 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 accepting bribes.

Article 386

Whoever commits the crime of accepting bribes shall be punished according to the amount and circumstances of accepting bribes and in accordance with the provisions of Article 383 of this Law. Whoever asks for a bribe will be punished more severely.

Article 383

Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) Whoever embezzles a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.

(2) If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated.

(3) If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.

If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.

Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, and actively returns stolen goods to avoid or reduce the occurrence of damage. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third provisions, a lighter punishment may be given.

If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.

Article 387

State organs, state-owned companies, enterprises, institutions and people's organizations demand or illegally accept other people's property and seek benefits for others. If the circumstances are serious, they shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Units listed in the preceding paragraph who secretly accept kickbacks and handling fees in various names in economic exchanges outside the account shall be punished as bribery and punished in accordance with the provisions of the preceding paragraph.

Article 163

Employees of companies, enterprises or other units who, by taking advantage of their positions, extort or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

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 shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

Article 184

Employees of banks or other financial institutions who extort or illegally accept other people's property in financial business activities to seek benefits for others, or who, in violation of state regulations, accept kickbacks and service fees in various names for personal possession, shall be convicted and punished in accordance with the provisions of Article 163 of this Law.

Staff members of state-owned financial institutions and personnel assigned by state-owned financial institutions to engage in public affairs in non-state-owned financial institutions who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery.

If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it 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.

second

If the amount of corruption 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 it 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 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" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it 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 confiscated.

If the amount of bribes is more than 100,000 yuan but less than 200,000 yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it 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 confiscated.

essay

If the amount of corruption or bribery is more than 3 million yuan, it shall be deemed as "extremely huge" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.

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" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.

If the amount of bribes is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other particularly 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 less than 10 years, life imprisonment or death, and shall also be fined or confiscated.

Article 4

If the amount of corruption and bribery is especially huge, the circumstances of the crime are particularly serious, and the social impact is particularly bad, causing particularly heavy losses to the interests of the state and the people, the death penalty can be imposed.

In accordance with the provisions of the preceding paragraph, but have surrendered, rendered meritorious service, truthfully confessed their crimes, sincerely repented, actively returned stolen goods, or avoided or reduced the occurrence of damage results. If immediate execution is not required, the death penalty may be suspended for two years.

Those who meet the requirements of the first paragraph may be sentenced to death with a two-year suspension of execution according to the circumstances of the crime. After the expiration of the two-year suspension of execution, the referee shall be sentenced to life imprisonment without commutation or parole.