Job Recruitment Website - Immigration policy - The probation period for accepting bribes is usually several years.

The probation period for accepting bribes is usually several years.

The sentence is six years, but it should be six years. One day's early detention is equivalent to one day's imprisonment. You can get a reduced sentence after you go to prison. In theory, it is possible to reduce the sentence by less than half, but in practice, few people do it. Due to various factors. If there are still five years in prison, it can be reduced by more than one year and less than two years.

Legal analysis

State functionaries who accept bribes of more than 2,000 yuan but less than 10,000 yuan, if the circumstances are relatively minor, can voluntarily confess and actively return the stolen goods, and if they do show repentance, they can be suspended. State functionaries who accept bribes of more than 10,000 yuan are generally not given probation, except for voluntary surrender or meritorious service and other statutory mitigating circumstances. State functionaries who accept bribes of more than 10,000 yuan but less than 50,000 yuan, and are sentenced to fixed-term imprisonment of not more than three years according to the specific circumstances of the case, generally do not apply probation. If the crime is minor and the stolen goods are returned actively, which plays a key role in major production and scientific research projects, there are special needs, or there are other special circumstances, probation can be applied, but it must be strictly controlled. The following criminals who accept bribes do not apply probation: those who fail to truthfully confess their crimes; Refusing to return the stolen money or use it for illegal activities; Belonging to the principal in the same crime with serious circumstances; If several crimes are combined, they shall be punished according to law or treated as one crime; Being subject to administrative sanctions for violating discipline and law during his tenure; The property involved in the crime belongs to disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention and other specific funds and materials; There is a demand for bribes in the crime of accepting bribes; In the crime of dereliction of duty, the circumstances of favoritism or abuse of power are bad; Other circumstances in which probation and exemption from criminal punishment should not be applied. Under normal circumstances, this kind of corruption and bribery has been related to the integrity of a work behavior of the organ, so it must be severely punished, and it has risen to the scope at this time. Generally, when making a certain judgment, it depends on how many practical benefits it has gained.

legal ground

Criminal law of the people's Republic of China

Article 385 Any state functionary who takes advantage of his position to extort money or property from others, or illegally accepts money or property from others 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 383 Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case: (1) If the amount of corruption is relatively large or there are other serious circumstances, he 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.

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.