Criteria for filing crimes committed by public officials

Legal analysis: 1, corruption: more than 5,000 yuan but less than 5,000 yuan, but the circumstances are serious (corruption and disaster relief, emergency rescue, flood control, epidemic prevention, special care, poverty alleviation, immigration, disaster relief funds and donations, money and stolen goods, confiscation of fines, temporary withholding of funds and materials, bad corruption methods, destruction of evidence, transfer of stolen goods, etc.);

2. Bribery: more than 5,000 yuan but less than 5,000 yuan, but under any of the following circumstances: (1) The interests of the state or society have suffered heavy losses due to bribery; (two) deliberately making things difficult for the relevant units and individuals, causing adverse effects; (3) extorting property by force;

3. Duty embezzlement: 5,000 yuan to 20,000 yuan;

4. Crime of misappropriating public funds: more than RMB 10000 ~ 30000 (a large amount is used for profit-making activities, or "a large amount has not been paid back for more than three months") and more than RMB 5,000 ~10000 ("misappropriation of public funds for personal use and illegal activities");

5. Bribery by the unit: more than 6,543.8+10,000 yuan, but less than 6,543.8+10,000 yuan, but under any of the following circumstances: (654.38+ 0) deliberately making things difficult for the relevant units and individuals, causing adverse effects; (2) extorting property by force; (3) Causing great losses to the interests of the state or society.

6. Crime of huge amount of unidentified property: more than 300,000 yuan;

7. Crime of concealing overseas deposits: more than 300,000 yuan;

8. Crime of dividing state-owned assets privately: more than 654.38+10,000 yuan;

9. Crime of confiscation of property: 65,438+10,000 yuan.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 382 Any state functionary who embezzles, steals, swindles or illegally occupies public property by other means by taking advantage of his position is guilty of corruption. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property who embezzle, steal, defraud or otherwise illegally occupy state-owned property by taking advantage of their positions are regarded as corruption. Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.

Article 383 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 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months without paying them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

Article 385 Any state functionary who takes advantage of his position to extort money or property from others, or illegally accepts money or property from others to seek benefits for others, is guilty of accepting bribes. State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as accepting bribes.

Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.