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Are all interests illegal and criminal?
Legal provisions:
1. Article 390 of the Criminal Law stipulates that whoever pays bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have his property confiscated.
Two. Explanations 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 (adopted at the1680th meeting of the Judicial Committee of the Supreme People's Court on March 28th, 20 16 and the 50th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 25th, 20 16, and implemented as of April 28th, 20 18.
Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 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 shall also be 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.
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