How long is the sentence for accepting bribes of 5000 yuan?

Bribery of 5000 yuan does not constitute the crime of accepting bribes in criminal law, which is not enough for sentencing. However, the financial affairs of accepting bribes shall be recovered or ordered to make restitution.

Referring to Article 1 of 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, if the amount of corruption and bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as "a 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 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:

(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;

(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, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any 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 it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:

(a) 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.

Referring to Article 18 of 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, all the property illegally obtained by criminals 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 legitimate property of the victims shall be returned in time. For the illegal income that has not been recovered or has not been fully repaid, it shall continue to be recovered or ordered to make restitution.

With reference to Article 64 of the Criminal Law of People's Republic of China (PRC), the disposal of criminal articles: all the property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.

Extended data

Referring to Article 2 of 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, if the amount of corruption and 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.

Referring to Article 3 of 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, if the amount of corruption and bribery is more than 3 million yuan, it shall be deemed as "extremely huge" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of more 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.

Referring to Article 4 of 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, if the amount of corruption and bribery is particularly huge, the circumstances of the crime are particularly serious, the social impact is particularly bad, and the interests of the state and the people are particularly significant, 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 of execution according to the circumstances of the crime. After the expiration of the two-year suspension of execution, the referee shall be sentenced to life imprisonment without commutation or parole.

According to Article 163 of the Criminal Law of People's Republic of China (PRC), non-state employees commit bribery. Employees of companies, enterprises or other units who take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

Employees of companies, enterprises or other units who, in economic exchanges, take advantage of their positions and violate state regulations, accept kickbacks and service fees in various names and take them for personal possession shall be punished in accordance with the provisions of the preceding paragraph.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

With reference to Article 383 of the Criminal Law of People's Republic of China (PRC), the punishment for committing corruption is stipulated. 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.

According to Article 385 of the Criminal Law of People's Republic of China (PRC), the crime of accepting bribes. State functionaries who take advantage of their positions to extort other people's property, or illegally accept other people's property and seek benefits for others, are 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.

With reference to Article 386 of the Criminal Law of People's Republic of China (PRC), the penalties for bribery are stipulated. Whoever commits the crime of accepting bribes shall be punished according to the amount and circumstances of accepting bribes and in accordance with the provisions of Article 383 of this Law. Whoever asks for a bribe will be punished more severely.

The Supreme People's Procuratorate-Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery

Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law