20 15 how to determine the amount of corruption in the new criminal law?

According to Article 383 of the Criminal Law of People's Republic of China (PRC), those who commit the crime of corruption shall be punished according to the following provisions according to the seriousness of the case:

(1) Individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.

(2) Individuals who embezzle more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than five years and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property.

(3) Individuals who embezzle more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan and repents after committing a crime and actively returns the stolen goods, the criminal punishment may be mitigated or exempted, and the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions.

(4) If the amount of personal corruption is less than 5,000 yuan, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given at the discretion of the unit to which they belong or the competent authority at a higher level.

If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.

Extended data:

Case: 80,000 yuan for corruption project? Four village cadres in Yuexi were sentenced.

As a village cadre, I don't want to lead the villagers to get rich, but I privately share the project funds allocated by my superiors with myself. Recently, the People's Procuratorate of Yuexi County, Anhui Province filed a public prosecution, and the court sentenced Chu Moujia, Chu Mouyi, Wang Moumou and Ye Moumou to six months' imprisonment, suspended for one year and fined 654.38+10,000 yuan for corruption. None of them appealed, and on June 23, the judgment came into effect.

Chu Moujia and other four people are from Li Antang Village, Yunxiang, Ang Lee, Yuexi County. Before the incident, they were all village cadres, respectively serving as secretary of the village party branch, director, deputy director and accountant of the village Committee.

During the period of 20 12, 1 1 to 20 15, the four people took advantage of assisting the administrative work of the people's government, and adopted the methods of concealing the project funds, falsely reporting expenditures, falsely reporting projects, etc. for six times, * * * misappropriating the project funds for consolidating the achievements of returning farmland to forests, road construction funds, flood control and fire prevention funds, and reservoir resettlement.

After the incident, the four defendants regretted it, returned all the money they had received, and transferred their legally held shares of 32,289 yuan and the funds obtained from corruption to the village collective for free, in order to gain the understanding of the people and hope to stay in their posts where they have worked for many years.

However, there is no rehearsal in life. Every time the live broadcast, the chief prosecutor told reporters that the actions of the four defendants have violated the bottom line of the law and will inevitably be punished by the law.

Some people may think that the four defendants are pitiful. But I didn't know that "tigers" and "flies" were social moths. Of course tigers can fight, but flies are never allowed to have a foothold. As a cadre in party member, we must remember to be good and small, but not evil. The French open is long, sparse and not leaking.

References:

China People's Congress Network-People's Republic of China (PRC) and China Criminal Law

References:

People's Daily Online-Four village cadres in Yuexi were sentenced for corruption of 80,000 yuan.