Amount of Duty Crime and Sentencing

1. Crime of corruption: more than 5,000 yuan but less than 5,000 yuan, but the circumstances are serious (corruption and disaster relief, emergency rescue, flood prevention, epidemic prevention, special care, poverty alleviation, immigration, disaster relief funds and materials, fund-raising funds and materials, illegal money, confiscated funds and materials, interception of funds and materials, bad corruption methods, destruction of evidence, transfer of stolen goods and other circumstances); 2. Bribery: more than 5,000 yuan but less than 5,000 yuan, but under any of the following circumstances: (1) The interests of the state or society have suffered heavy losses due to bribery; (two) deliberately making things difficult for the relevant units and individuals, causing adverse effects; (3) extorting property by force; 3. Duty embezzlement: 5,000 yuan to 20,000 yuan; 4. Crime of misappropriating public funds:10000 ~ more than 30000; 5. Unit bribery crime: more than 65,438+10,000 yuan; 6. Crime of huge amount of unidentified property: more than 300,000 yuan; 7. Crime of concealing overseas deposits: more than 300,000 yuan; 8. Crime of dividing state-owned assets privately: more than 654.38+10,000 yuan; 9. Crime of confiscation of property: 65,438+10,000 yuan. Legal basis: Article 382 of the Criminal Law of People's Republic of China (PRC). State functionaries who take advantage of their positions to embezzle, steal, cheat or illegally occupy public property by other means are guilty of corruption. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or misappropriate by taking advantage of their positions.

Illegal possession of state-owned property by other means shall be punished as corruption. Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender. 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) If the amount of corruption is relatively large or there are other serious circumstances, he 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 of property is especially huge, thus causing particularly heavy losses to the interests of the state and the people, he shall be sentenced to life imprisonment or death, and shall also 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. Where the circumstances specified in the first paragraph are involved, the punishment specified in the second and third paragraphs may be lightened, mitigated or exempted, or the punishment may be lightened. 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 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months without paying them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment. 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 388 Any state functionary who, by taking advantage of his power or position, seeks illegitimate interests for the trustee through the acts of other state functionaries and extorts or accepts the trustee's property shall be punished as the crime of accepting bribes. Article 188-1 Where a close relative of a state functionary or other person closely related to the state functionary, through the official behavior of the state functionary, or taking advantage of the official position or authority of the state functionary, or through the official behavior of other state functionaries, seeks illegitimate interests for the trustee, asks for the trustee's property or accepts the trustee's property, and the amount is relatively large or there are other serious circumstances, Whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention, if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, if the amount is especially huge or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated. A resigned state functionary who betrays his close relatives or other people with close ties by taking advantage of his original authority or position shall be convicted and punished in accordance with the provisions of the preceding paragraph. Article 394 State functionaries who accept gifts in domestic official jujube clearing activities or in foreign exchanges shall hand them in according to state regulations, and shall not hand them in. If the amount is relatively large, he shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law. Article 395 State functionaries whose property and expenditure obviously exceed their lawful income, and the difference is huge, may be ordered to explain the source; If the source cannot be explained, the difference shall be regarded as illegal income, and if the amount of criminal detention is especially huge, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in property should be recovered. Deposits made by state functionaries abroad shall be declared in accordance with state regulations. If the amount is large and hidden,