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Criteria for filing bribery crimes by public officials
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;
Crime of duty embezzlement: from 5,000 yuan to 20,000 yuan;
Crime of misappropriating public funds: more than RMB 10000 ~ 30000 ("engaging in profit-making activities with a large amount" or "failing to return the funds for more than three months") and more than RMB 5000 ~ 10000 ("misappropriating public funds for personal use and engaging in illegal activities");
Bribery by units: more than 6,543,800 yuan but less than 6,543,800 yuan, but under any of the following circumstances: (654.38+ 0) deliberately making things difficult for relevant units and individuals, causing adverse effects; (2) extorting property by force; (3) Causing great losses to the interests of the state or society.
Crime of huge amount of unidentified property: more than 300,000 yuan;
Crime of concealing overseas deposits: more than 300,000 yuan;
Crime of dividing state-owned assets privately: more than 654.38+10,000 yuan;
Crime of confiscation of property: 654.38+more than 10,000 yuan.
Legal basis:
Article 383rd of the Criminal Law of People's Republic of China (PRC) shall be punished according to 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.
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