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If the amount of corruption is huge or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment, a fine or confiscation of property?
Legal basis:
Article 383 of the Criminal Law of People's Republic of China (PRC) punishes a person who commits the crime of corruption according to the seriousness of the case, according to the following provisions: (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 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.
Explanations 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 Article 1 A person whose amount of corruption and bribery is more than 30,000 yuan but less than 200,000 yuan 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: (1) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, epidemic prevention and social donation; (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, one of the circumstances specified in the second to sixth paragraphs of the preceding paragraph, or one 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 shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law, and shall also be fined: (1) 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.
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