Criteria for filing bribery cases

Suspected of a criminal offence-the crime of accepting bribes refers to the act of state functionaries taking advantage of their positions to ask for other people's property, or illegally accepting other people's property to seek benefits for others. On April 8, 2065, the Supreme People's Court and the Supreme People's Procuratorate jointly issued 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, which clarified the conviction and sentencing standards of corruption and bribery crimes, applied the principles of death penalty, suspended death sentence and life imprisonment, and emphasized that corruption and bribery crimes should be severely punished according to law. The specific provisions are as follows: Article 1. 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: (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. Article 2. If the amount of corruption or bribery is more than 200,000 yuan but 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 it 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 confiscated. If the amount of corruption is more than 100,000 yuan but less than 200,000 yuan, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it 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 confiscated. If the amount of bribes is more than 100,000 yuan but less than 200,000 yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it 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 confiscated. Article 3. If the amount of corruption or bribery is more than 3 million yuan, it shall be deemed as "especially huge" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. If the amount of corruption is more than 1.5 million yuan but less than 3 million yuan, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. If the amount of bribes is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other particularly 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 less than 10 years, life imprisonment or death, and shall also be fined or confiscated. Article 4. If the amount of corruption and bribery is especially huge, the circumstances of the crime are particularly serious, and the social impact is particularly bad, causing particularly heavy losses to the interests of the state and the people, the death penalty can be imposed. In accordance with the provisions of the preceding paragraph, but have surrendered, rendered meritorious service, truthfully confessed their crimes, sincerely repented, actively returned stolen goods, or avoided or reduced the occurrence of damage results. If immediate execution is not required, the death penalty may be suspended for two years. Those who meet the requirements of the first paragraph may be sentenced to death with a two-year suspension according to the circumstances of the crime. At the same time, the referee decided that after the expiration of the two-year suspension period, he would be sentenced to life imprisonment without commutation or parole.

Legal basis:

1. Fixed-term imprisonment or criminal detention of not more than three years, and a fine of (6,543,800 yuan ≤ 500,000 yuan) 654.38+ 0, with a relatively large amount: 30,000 yuan ≤