Siming sanitation sanitation worker He Yiming was sentenced to several years in prison for accepting bribes

The sentence for accepting bribes will be several years, and the sentence will be based on the amount and circumstances of the bribes accepted.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery

(March 28, 2016, at the 1680th Meeting of the Judicial Committee of the Supreme People's Court, Adopted by the 50th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 25, 2016 and effective from April 18, 2016)

In order to punish criminal activities of corruption and bribery in accordance with the law, according to the relevant criminal law It stipulates that several issues concerning the application of law in handling criminal cases of corruption and bribery are explained as follows:

Article 1: Where the amount of corruption or bribery is more than 30,000 yuan and less than 200,000 yuan, it shall be deemed to be a crime under the 300th Criminal Law Act. Those who commit "a relatively large amount" as stipulated in the first paragraph of Article 83 shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law, and shall also be fined.

If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, and any of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in the first paragraph of Article 383 of the Criminal Law and shall be punished in accordance with the law. Sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine:

(1) Embezzling specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations, etc.;

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(2) Those who have been subject to party discipline or administrative sanctions for corruption, bribery, or misappropriation of public funds;

(3) Those who have been criminally prosecuted for intentional crimes;

( 4) The stolen money and stolen goods are used for illegal activities;

(5) Refusing to explain the whereabouts of the stolen money and stolen goods or refusing to cooperate with recovery efforts, making recovery impossible;

(6) Causing bad behavior impact or other serious consequences.

Anyone who accepts a bribe of more than RMB 10,000 but less than RMB 30,000 and falls under any of the circumstances specified in Items 2 to 6 of the preceding paragraph, or falls under any of the following circumstances, shall be deemed to have committed a crime under Article 300 of the Criminal Law. "Other serious circumstances" as stipulated in the first paragraph of Article 83 shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine in accordance with the law:

(1) Multiple demands for bribes;

< p>(2) Seeking illegitimate benefits for others, resulting in losses to public property, the interests of the country and the people;

(3) Seeking job promotions and adjustments for others.

Article 2 If the amount of embezzlement or bribery is more than 200,000 yuan and 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 sentenced in accordance with the law. A person 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 have property confiscated.

Where the amount of embezzlement is between 100,000 yuan and less than 200,000 yuan and falls under any of the circumstances specified in paragraph 2 of Article 1 of this Interpretation, it shall be deemed to be the case in paragraph 1 of Article 383 of the Criminal Law. For "other serious circumstances" as specified in the regulations, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law, and shall also be fined or have property confiscated.

Where the amount of bribes is more than 100,000 yuan but less than 200,000 yuan and falls under any of the circumstances specified in paragraph 3 of Article 1 of this Interpretation, it shall be deemed to be a crime under paragraph 1 of Article 383 of the Criminal Law. For "other serious circumstances" as specified in the regulations, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law, and shall also be fined or have property confiscated.

Article 3: Anyone who embezzles or accepts bribes in an amount exceeding three million yuan shall be deemed to be an "especially huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to a fixed-term imprisonment of not less than ten years in accordance with the law. Imprisonment, life imprisonment or death, as well as a fine or confiscation of property.

Where the amount of embezzlement is more than 1.5 million yuan but less than 3 million yuan, and falls under any of the circumstances specified in paragraph 2 of Article 1 of this Interpretation, it shall be deemed as Article 383 of the Criminal Law For "other particularly serious circumstances" specified in paragraph 1, the offender shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death in accordance with the law, and shall also be fined or have property confiscated.

Where the amount of bribes is between 1.5 million yuan and less than 3 million yuan, and one of the circumstances specified in paragraph 3 of Article 1 of this Interpretation is met, it shall be deemed as Article 383 of the Criminal Law. For "other particularly serious circumstances" specified in paragraph 1, the offender shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death in accordance with the law, and shall also be fined or have property confiscated.

Article 4 If the amount of corruption or bribery is particularly huge, the criminal circumstances are particularly serious, the social impact is particularly bad, and it causes particularly heavy losses to the interests of the country and the people, the death penalty may be imposed.

Situations that meet the provisions of the preceding paragraph, but have circumstances such as surrendering, performing meritorious service, truthfully confessing one's crime, sincerely repenting, actively returning stolen goods, or avoiding or reducing the occurrence of damaging consequences, etc., do not have to be executed immediately, and can be The death sentence was suspended for two years.

If the circumstances specified in the first paragraph are met, the death penalty may be sentenced to a two-year suspended execution based on the circumstances of the crime and other circumstances. At the same time, the judge decides that after the two-year suspended execution of the death penalty is commuted to life imprisonment in accordance with the law, he shall be sentenced to life imprisonment. No commutation or parole is allowed.