What is the investigation standard for reporting kickbacks?

Five thousand yuan. Need to prepare relevant evidence.

Legal basis:

According to Article 1 of the Supreme People's Procuratorate's Provisions on the Standards for Directly Accepting Investigation Cases by People's Procuratorates (for Trial Implementation), anyone suspected of one of the following circumstances shall be placed on file:

1, and the amount of personal bribery is more than 5,000 yuan; (Note: This is the specific amount standard. As long as the amount of personal bribery of the perpetrator reaches more than 5,000 yuan, it should be investigated. )

2, the amount of personal bribery is less than 5000 yuan, but one 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.

Extended data:

Related criminal punishment

1, corruption

Article 382 of the Criminal Law Any state functionary who takes advantage of his position to embezzle, steal, cheat or illegally occupy public property by other means is a crime of corruption.

Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption.

Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.

Article 383 Whoever commits the crime of corruption shall be punished in accordance with 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.

2. Crime of misappropriating public funds

Article 384 of the Criminal Law Any state functionary who, by taking advantage of his position, misappropriates public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds and fails to return it for more than three months, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.

3. Bribery crime/unit bribery crime

Article 385 of the Criminal Law: A state functionary who takes advantage of his position to ask for other people's property, or illegally accepts other people's property to seek benefits for others, is 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 bribery.

Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.

Article 387 State organs, state-owned companies, enterprises, institutions and people's organizations that extort or illegally accept other people's property and seek benefits for others, if the circumstances are serious, shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Units listed in the preceding paragraph who secretly accept kickbacks and handling fees in various names in economic exchanges outside the account shall be punished as bribery and punished in accordance with the provisions of the preceding paragraph.

Article 388 Any state functionary who, by taking advantage of his power or position, seeks illegitimate interests for the trustee through the acts of other state functionaries and extorts or accepts the trustee's property shall be punished as the crime of accepting bribes.

4. Crime of accepting bribes/offering bribes to the unit

Article 389 of the Criminal Law: It is a crime of bribery to give property to a state functionary in order to seek illegitimate interests.

In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery.

It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.

Article 390 Whoever commits the crime of accepting 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.

If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.

Article 391 Whoever gives money or property to a state organ, a state-owned company, an enterprise, a public institution or a people's organization for the purpose of seeking illegitimate interests, or who, in economic exchanges, violates state regulations and gives kickbacks or service fees in various names, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Baidu Encyclopedia-Provisions of the Supreme People's Procuratorate on the Criteria for Directly Accepting Investigation Cases (for Trial Implementation)

Baidu Encyclopedia-China People and China Criminal Law