What are the constituent elements of corruption? How much can I file? How to punish?

According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and other laws, the Supreme People's Procuratorate stipulates the following standards for the people's procuratorate to directly accept investigation cases:

1, and the amount of personal corruption is more than 5,000 yuan;

2. The amount of personal corruption is less than 5,000 yuan, but it has the circumstances of corruption and disaster relief, emergency rescue, flood prevention, epidemic prevention, special care, poverty alleviation, immigration, disaster relief funds and materials, stolen money and goods, confiscation of funds and materials, temporary withholding of funds and materials, bad means of corruption, destruction of evidence, transfer of stolen goods, etc.

Note: the amount of personal corruption refers to the actual amount of personal corruption in a separate crime; In the * * * accomplice crime, the ringleader who organizes and leads a corrupt criminal group refers to the total amount of corruption of the corrupt criminal group, and for other * * * accomplices, it refers to the amount that someone actually participates in corruption.

How to identify corruption?

The crime of corruption refers to the act of state functionaries taking advantage of their positions to embezzle, steal, defraud or illegally occupy public property by other means.

1. "Taking advantage of one's position" refers to taking advantage of the power and convenience in charge, management and handling of public property.

2. 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 by other means by taking advantage of their positions shall be investigated for criminal responsibility for corruption.

"Entrusted management and operation of state-owned property" refers to the management and operation of state-owned property due to contracting, leasing and employment.

3. Employees of state-owned insurance companies and personnel assigned by state-owned insurance companies to non-state-owned insurance companies, taking advantage of their positions, deliberately fabricate insurance accidents that have never happened to make false claims, and defraud insurance money into their own possession, shall be investigated for criminal responsibility for corruption.

4. Personnel engaged in official business in state-owned companies, enterprises or other state-owned units and personnel assigned by state-owned companies, enterprises or other state-owned units to engage in official business in non-state-owned companies, enterprises or other non-state-owned units, who take advantage of their positions to illegally obtain property from their own units, shall be investigated for criminal responsibility for corruption.

5. State functionaries who accept gifts in domestic official activities or foreign exchanges shall make them public in accordance with state regulations. If the amount is relatively large, criminal responsibility shall be investigated for corruption.

What is the sentencing of corruption?

1, fixed-term imprisonment of not more than two years, criminal detention: personal corruption of not more than 5,000 yuan, and the circumstances are serious. The benchmark punishment for embezzlement of 2,000 yuan is six months' imprisonment or six months' criminal detention. For every additional 200 yuan, the sentence will be increased by one month to two years. Individuals who embezzle and accept bribes of not less than 5,000 yuan but not more than 65,438 yuan, who show repentance after committing a crime and actively return stolen goods, shall be sentenced to criminal detention.

2. Fixed-term imprisonment of not less than one year but not more than ten years: personal corruption is 5,000 yuan, and the benchmark punishment is one year's fixed-term imprisonment. For every increase of 1000 yuan, the sentence will be increased by one month; If the circumstances of the crime are serious, the benchmark penalty of 50,000 yuan is seven years' imprisonment, and one month's imprisonment will be increased for every additional 840 yuan.

3. Fixed-term imprisonment of not less than five years but not more than ten years: if an individual embezzles 50,000 yuan, the benchmark punishment is five years of fixed-term imprisonment, and for every increase of 65,438+million yuan, the term of imprisonment will be increased by one month. If the circumstances are particularly serious, it shall be stipulated separately.

4./kloc-fixed-term imprisonment of more than 0/0 year: if an individual embezzles or accepts bribes of 654.38+10,000 yuan, the benchmark punishment is 10 year imprisonment, and the sentence will be increased by one month for every 2 500 yuan. If the circumstances are particularly serious, it shall be stipulated separately.

5. The heavier punishment for soliciting bribes is generally 10% compared with the heavier punishment for accepting bribes.