Fenyi Zhao Mansheng is corrupt.

In order to punish the criminal activities of corruption and bribery according to the relevant provisions of the Criminal Law, some issues concerning the application of laws in handling criminal cases of corruption and bribery are explained as follows:

Article 1 Whoever embezzles or accepts bribes of more than 3, yuan but less than 2, yuan 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 fined.

if the amount of corruption is more than 1, yuan but less than 3, 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 fined:

(1) embezzling specific funds and materials such as disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, epidemic prevention and social donation;

(2) Having been subjected to disciplinary or administrative sanctions for corruption, bribery and misappropriation of public funds;

(3) Having been criminally investigated for intentional crimes;

(4) the stolen money and goods are used for illegal activities;

(5) refusing to explain 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 1, yuan but less than 3, yuan, and one of the circumstances specified in items 2 to 6 of the preceding paragraph or one of the following circumstances is involved, 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 and fined:

(1) repeatedly demanding bribes;

(2) seeking illegitimate interests for others, resulting in losses to public property, the interests of the state and the people;

(3) seeking job promotion or adjustment for others.

Article 2 Whoever embezzles or accepts bribes in an amount of more than 2, yuan but less than 3 million yuan shall be deemed as "a huge amount" 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 three years but not more than ten years, and shall also be fined or confiscated.

if the amount of corruption is more than 1, yuan but less than 2, yuan, and one of the circumstances stipulated in the second 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 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 1, yuan but less than 2, 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 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 Whoever embezzles or accepts bribes in an amount of more than 3 million yuan shall be deemed as "extremely huge" 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 1 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, and one of the circumstances stipulated in the second paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other particularly serious circumstances" stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of more than 1 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" stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of more than 1 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, the social impact is particularly bad, and particularly heavy losses are caused to the interests of the state and the people, the death penalty may be imposed.

if the circumstances specified in the preceding paragraph are met, but the circumstances such as surrendering, making meritorious service, truthfully confessing one's crimes, sincerely repenting, actively returning stolen goods, or avoiding or reducing the occurrence of damage results are not necessary, the death penalty may be sentenced with a two-year suspension.

in case of meeting the circumstances specified in the first paragraph, the death penalty may be suspended for two years according to the circumstances of the crime, and the referee decides that after the two-year suspension of execution expires, the death penalty shall be commuted to life imprisonment according to law, without commutation or parole.

Article 5 Whoever misappropriates public funds for personal use and engages in illegal activities, with the amount of more than 3, yuan, shall be investigated for criminal responsibility for the crime of misappropriating public funds in accordance with the provisions of Article 384 of the Criminal Law; If the amount is more than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "the circumstances are serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: < P > (1) The amount of misappropriation of public funds is more than one million yuan;

(2) misappropriating specific funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, resettlement and relief, with an amount of more than 5, yuan but less than 1 million yuan;

(3) misappropriation of public funds is not refundable, and the amount is more than 5, yuan but less than 1 million yuan;

(4) Other serious circumstances.

Article 6 Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to pay them back for more than three months, and the amount is more than 5, yuan, shall be deemed as "a large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "the circumstances are serious" as stipulated in the first paragraph of Article 384 of the Criminal Law: < P > (1) The amount of misappropriation of public funds is more than 2 million yuan;

(2) misappropriating specific funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, resettlement and relief, with an amount of more than one million yuan but less than two million yuan;

(3) misappropriation of public funds is not refundable, and the amount is more than one million yuan but less than two million yuan;

(4) Other serious circumstances.

article 7 whoever offers bribes to state functionaries for illegitimate interests, and the amount is more than 3, yuan, shall be investigated for criminal responsibility for bribery in accordance with the provisions of article 39 of the criminal law.

if the amount of bribes is more than 1, yuan but less than 3, yuan, under any of the following circumstances, criminal responsibility shall be investigated for bribery according to the provisions of Article 39 of the Criminal Law:

(1) bribing more than three people;

(2) using illegal gains for bribery;

(3) seeking job promotion or adjustment through bribery;

(4) offering bribes to state functionaries who are responsible for the supervision and management of food, medicines, production safety and environmental protection, and carrying out illegal activities;

(5) bribing judicial personnel, which affects judicial justice;

(6) causing economic losses of more than 5, yuan but less than 1 million yuan.

Article 8 Whoever commits the crime of bribery under any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 39 of the Criminal Law:

(1) The amount of bribes paid is more than one million yuan but less than five million yuan;

(2) The amount of bribes paid is more than 5, yuan but less than 1 million yuan, and it falls under any of the circumstances specified in Items 1 to 5 of Paragraph 2 of Article 7 of this Interpretation;

(3) Other serious circumstances.

those who pay bribes to state functionaries for illegitimate interests, resulting in economic losses of more than one million yuan but less than five million yuan, shall be deemed as "causing great losses to state interests" as stipulated in the first paragraph of Article 39 of the Criminal Law.

Article 9 Whoever commits the crime of bribery under any of the following circumstances shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 39 of the Criminal Law:

(1) The amount of bribes paid is more than 5 million yuan;

(2) The amount of bribes paid is more than 2.5 million yuan but less than 5 million yuan, and it falls under any of the circumstances specified in Items 1 to 5 of Paragraph 2 of Article 7 of this Interpretation;

(3) Other particularly serious circumstances.

those who pay bribes to state functionaries for illegitimate interests, resulting in economic losses of more than 5 million yuan, shall be deemed as "causing particularly heavy losses to state interests" as stipulated in the first paragraph of Article 39 of the Criminal Law.

article 1 the applicable standards for conviction and sentencing of the crime of accepting bribes by using influence as stipulated in article 388-1 of the criminal law shall be implemented with reference to the provisions of this interpretation on the crime of accepting bribes.

the applicable standards of conviction and sentencing for bribery of influential people stipulated in article 39-1 of the criminal law shall be implemented with reference to the provisions of this interpretation on bribery.

if a unit pays bribes to influential people in an amount of more than 2, yuan, it shall be investigated for criminal responsibility for the crime of bribing influential people in accordance with the provisions of Article 39-1 of the Criminal Law.

article 11 the starting point of the amount of "large amount" and "huge amount" in the crime of accepting bribes by non-state staff as stipulated in article 163 of the criminal law and the crime of embezzlement by taking advantage of their posts as stipulated in article 271 shall be two times and five times of the corresponding amount standards for accepting bribes and corruption as stipulated in this interpretation.

the starting point of the amount of "a large amount", "a huge amount" and "engaging in illegal activities" in the crime of misappropriating funds stipulated in Article 272 of the Criminal Law shall be twice as large as the amount of "a large amount", "serious circumstances" and "engaging in illegal activities" in this interpretation.

the starting point of the amount of "large amount" and "huge amount" in the crime of bribing non-state staff as stipulated in the first paragraph of Article 164 of the Criminal Law shall be twice as much as the amount standard stipulated in Article 7 and Article 8, paragraph 1 of this Interpretation.

article 12 "property" in bribery crimes includes money, articles and property interests. Property interests include material interests that can be converted into money, such as house decoration and debt relief, and other interests that need to be paid in money, such as membership services and tourism. The amount of crimes committed by the latter shall be calculated by the amount actually paid or payable.

Article 13 Whoever has one of the following circumstances shall be deemed as "seeking benefits for others", and if the case constitutes a crime, he shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes:

(1) actually or promised to seek benefits for others;

(2) knowing that others have specific entrustment matters;

(3) accepting other people's property on the grounds of performing their duties after being asked to do so.

if a state functionary asks for or accepts the property of a subordinate with a superior-subordinate relationship or a managed person with an administrative relationship worth more than 3, yuan, which may affect the exercise of his functions and powers, it shall be regarded as a promise to seek benefits for others.

Article 14. According to the facts and circumstances of the crime of bribery, a person who may be sentenced to less than three years' imprisonment may be deemed as a "minor crime" as stipulated in the second paragraph of Article 39 of the Criminal Law.

according to the facts and circumstances of the crime, a person who has been or may be sentenced to more than 1 years' imprisonment, or whose case has great influence in this province, autonomous region, municipality directly under the Central Government or the whole country, can be regarded as a "major case" as stipulated in the second paragraph of Article 39 of the Criminal Law.

under any of the following circumstances, it can be regarded as "playing a key role in the detection of major cases" as stipulated in the second paragraph of Article 39 of the Criminal Law:

(1) voluntarily confessing the clues of major cases that the case-handling organ has not mastered;

(2) The criminal clue voluntarily confessed does not belong to the clue of a major case, but it plays an important role in the detection of a major case;

(3) voluntarily confessing the facts of bribery plays an important role in the evidence collection of major cases;

(4) voluntarily confessing the facts of bribery plays an important role in the pursuit and recovery of major cases.

Article 15. For those who have accepted bribes for many times without treatment, the total amount of bribes shall be calculated.

State functionaries have repeatedly accepted money and property from the trustee before and after taking advantage of their positions to seek benefits for the trustee. If the amount of money and property received before being entrusted is more than 1, yuan, it shall be included in the amount of bribes.

article 16 if a state functionary illegally occupies public property and accepts other people's property for the purpose of corruption and bribery, and then uses the stolen money and goods for public expenditure or social donation, it will not affect the determination of the crime of corruption and bribery, but it can be considered as appropriate when sentencing.

if a state functionary asks for or accepts other people's property after knowing it, it shall be deemed that the state functionary has the intention of accepting bribes.

article 17 if a state functionary takes advantage of his position to accept other people's property and seek benefits for others, and at the same time constitutes the crime of accepting bribes and the crime of dereliction of duty as stipulated in section 3 of chapter 3 and chapter 9 of the specific provisions of the criminal law, unless otherwise stipulated in the criminal law, he shall be punished with several crimes of accepting bribes and dereliction of duty.

article 18 all property illegally obtained by a criminal of corruption and bribery shall be recovered or ordered to make restitution in accordance with the provisions of article 64 of the criminal law, and the lawful property of the victim shall be returned in time. The illegal income that has not been recovered to the case or has not been fully repaid shall continue to be recovered or ordered to be repaid.

Article 19 Whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of corruption and bribery shall also be fined not less than 1, yuan but not more than 5, yuan; Sentenced to fixed-term imprisonment of not less than three years but not more than ten years, a fine of not less than 2, yuan but not more than two times the amount of the crime shall be imposed, or property shall be confiscated; Whoever is sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment shall be fined not less than 5, yuan but not more than twice the amount of the crime, or his property shall be confiscated.

for other crimes of corruption and bribery which are also fined according to the criminal law, a fine of not less than 1, yuan but not more than twice the amount of the crime shall be imposed.

article 2 this interpretation shall come into force as of April 18, 216. If the judicial interpretations previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.