What are the characteristics of corruption?

The crime of corruption refers to the act of state functionaries and persons entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property, taking advantage of their positions, embezzling, stealing, defrauding or illegally occupying public property by other means.

The criminal characteristics of corruption;

1. The person who commits the crime of corruption must be a state functionary, including those who are engaged in public service in state organs, state-owned companies, enterprises, institutions and people's organizations, and those who are appointed by state organs, state-owned companies, enterprises and institutions to engage in public service in non-state-owned companies, enterprises, institutions and social organizations, as well as other persons who are engaged in public service according to law. In addition, personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage and operate state-owned property also belong to the subject of corruption.

2. The crime of corruption must be embezzlement of public property. The criminal law stipulates the scope of public property. Mainly including state-owned property; Property collectively owned by the working people; Property used for social donations or special funds for poverty alleviation and other public welfare undertakings. In addition, private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations is regarded as public property.

3. The main feature of the crime of corruption is the act of embezzling, stealing, defrauding or illegally occupying public property by other means by taking advantage of his position. Specifically, it is an act of taking advantage of the convenience of authority and position to illegally take the public property that he is responsible for, manage and handle as his own; Or take advantage of his position to occupy the public property he is responsible for, manage and handle by secret means, commonly known as "inside job stealing"; Then there is the illegal possession of public property by taking advantage of his position, such as accountants and tellers forging, altering documents, falsely reporting and taking the initiative, and so on.

Article 382 of the Criminal Law stipulates that it is a crime of corruption for a state functionary to embezzle, steal, cheat or illegally occupy public property by other means by taking advantage of his position. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption. Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.