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How many years in prison for greedy 30 thousand
This situation belongs to "large amount", and the amount exceeds 1 10,000 yuan but less than 30,000 yuan. Suspected of one of the following circumstances, belonging to "other serious circumstances", should be placed on file, sentenced to fixed-term imprisonment of not more than three years or criminal detention, and fined:
1. corruption, disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;
2 due to corruption, bribery, misappropriation of public funds by the party and government discipline;
3. Being criminally investigated for intentional crime;
4. The illicit money is used for illegal activities;
5. Refusing to account for the whereabouts of 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.
The elements of the crime of corruption are:
1, object elements, the object of this crime is the ownership of public property;
2, objective elements, this crime is objectively manifested as taking advantage of his position, embezzling, stealing, defrauding or illegally occupying public property by other means;
3, the main elements, the main body of this crime is the national staff;
4. Subjective elements, this crime has subjective intention.
The criteria for filing the crime of accepting bribes are: the amount of corruption or bribery is more than 30 thousand yuan; The amount of corruption is more than 1 10,000 yuan but less than 30,000 yuan, and the money is used for illegal activities; The amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and there are many cases of asking for bribes. Corruption and bribery should be prosecuted.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 383 of the Criminal Law
Whoever commits the crime of corruption shall be punished in accordance with 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.
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.
Article 1 of the Interpretation 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.
If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it 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:
(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.
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