What is the filing standard for accepting bribes in 2022?

1. The sentencing amount standard for bribery is more than 30,000 yuan, but if it is more than 10,000 yuan but less than 30,000 yuan, as long as it is for illegal interests; At the same time, there are also people who pay bribes to more than three people; But also cause great losses to the national interests, will be sentenced.

2. Usually, if the amount of bribes exceeds 30,000 yuan, it constitutes the crime of bribery. In order to seek illegitimate interests, if the amount of bribes exceeds 30 thousand yuan, criminal responsibility shall be investigated for accepting bribes in accordance with the provisions of Article 390 of the Criminal Law.

3. If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, criminal responsibility shall be investigated for accepting bribes in accordance with the provisions of Article 390 of the Criminal Law:

(a) Bribery of three or more persons;

(2) Bribery by using illegal income;

(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 engaging in illegal activities;

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

(6) Causing economic losses of more than 500,000 yuan but less than 1 million yuan.

Whoever commits the crime of accepting bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; 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, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

4. If the briber voluntarily confessed the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.

5. In judicial practice, some bribers have been investigated for criminal responsibility if the amount of bribes is less than 30,000 yuan. The illegal and criminal acts like bribery often go further and further on the wrong road after the first time, so the amount of bribes in some bribery cases is as high as millions or even tens of millions of yuan.

6. Generally speaking, bribery must reach a certain amount to constitute a crime, and the amount of the crime will depend on the sentencing of the criminal law. Therefore, when dealing with it, it will be handled according to the provisions of the law, so that the interests of the victims will be better damaged and the offenders will pay the corresponding price.

7. Criminal laws and regulations in China severely crack down on all kinds of corruption and bribery crimes. For the criminals who commit the crime of bribery, only when the amount of bribes paid to state employees reaches the statutory criminal filing standards will they be considered as criminal offences, so that the corresponding criminal responsibilities will be investigated according to law.

legal ground

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 or bribery is more than 30,000 yuan but less than 200,000 yuan, it 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.

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 or 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.

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 or 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 not less 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.