Bribery is closely related to bribery. Why can't we be tough on bribing officials?

Bribery cases involve both bribers and bribers. In the process of handling bribery cases, the procuratorial organs simultaneously put the briber and the briber on file for investigation. After the case is made public, there is no problem that the court attaches more importance to bribers than to bribers in the process of hearing judgments according to law. From a legal point of view, it actually pays more attention to bribers.

Judging from the sentencing standards stipulated in the criminal law, for the same amount, the penalty for accepting bribes is much lighter than that for bribery. On the other hand, bribery is a heavy punishment. In the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery by Liang Gao, "If the amount of bribes paid to state employees is more than 30,000 yuan, criminal responsibility shall be investigated for bribery according to the provisions of Article 390 of the Criminal Law", and the punishment standard stipulated in Article 390 of the Criminal Law is fixed-term imprisonment of not less than five years but not more than ten years, and a fine shall also be imposed; In the judicial interpretation of the two courts, the amount of bribes above 30,000 yuan belongs to the "large amount" stipulated in the criminal law, which is the standard for filing a case, which is consistent with the standard for filing a case for accepting bribes. Whoever accepts bribes "in a large amount" or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined. It's also 30 thousand yuan. The benchmark penalty for bribery is criminal detention, and the maximum penalty is three years' imprisonment, while the benchmark penalty for bribery is five years' imprisonment and the maximum penalty is ten years' imprisonment.

It can be seen from the above provisions that the punishment for bribery is more severe, which reflects the determination of the state to control corruption from the source and the original intention of legislation.

Legal basis:

Article 383 of the Criminal Law stipulates the punishment for committing corruption. Those who engage in malpractices for selfish ends shall be punished according to 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.

Article 390 of the Criminal Law punishes the crime of bribery; Related bribery: whoever pays bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they 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 briber voluntarily confesses the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.

Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery Article 1 Whoever embezzles or accepts bribes of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as "a 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.

Article 7 Whoever, for the purpose of seeking illegitimate interests, offers bribes to state functionaries in an amount of more than 30,000 yuan shall be investigated for criminal responsibility for accepting bribes in accordance with the provisions of Article 390 of the Criminal Law.

If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, criminal responsibility shall be investigated for accepting bribes in accordance with the provisions of Article 390 of the Criminal Law:

(a) Bribery of three or more persons;

(2) Bribery by using illegal income;

(3) seeking job promotion or adjustment through bribery;

(4) offering bribes to state functionaries who are responsible for the supervision and management of food, medicines, production safety and environmental protection, and engaging in illegal activities;

(five) bribing judicial personnel, which affects judicial justice;

(6) Causing economic losses of more than 500,000 yuan but less than 1 million yuan.

Article 8 Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 390 of the Criminal Law:

(a) the amount of bribes is more than one million yuan but less than five million yuan;

(2) The amount of bribes paid is more than 500,000 yuan but less than 1 million yuan, and it falls under any of the circumstances specified in Items 1 to 5 of Paragraph 2 of Article 7 of this Interpretation;

(3) Other serious circumstances.