The amount standard of bribery crime

1. What are the criteria for determining the amount of bribery crime?

1. The criteria for determining the amount of bribery are as follows:

(1) If the amount of bribes demanded is more than 30,000 yuan, it shall be deemed as the crime of accepting bribes;

(2) The amount of bribes demanded is more than 10,000 yuan but less than 30,000 yuan, and there are specific funds and materials such as corruption and disaster relief, emergency rescue and disaster relief, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention and social donation.

2. Legal basis: Article 385 of the Criminal Law of People's Republic of China (PRC).

The crime of accepting bribes refers to the act of state functionaries taking advantage of their positions to ask for other people's property, or illegally accepting 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.

Second, what are the constitutive elements of the crime of accepting bribes?

The constitutive elements of the crime of accepting bribes are as follows:

1, object element. The object of bribery crime is complex;

2. objective factors. The crime of accepting bribes is objectively manifested as the behavior of the actor taking advantage of his position to ask for or accept the property of others and seek benefits for others;

3. Main elements. The subject of accepting bribes is a special subject, that is, national staff. According to the law, state functionaries include state functionaries ex officio and state functionaries to be appointed.

4. Subjective factors. The crime of accepting bribes is subjectively constituted by intention, and only the criminal act of accepting bribes intentionally committed by the perpetrator constitutes the crime of accepting bribes, and the negligent act does not constitute the crime of accepting bribes.