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What are the crimes of corruption stipulated in the criminal law?
Bribery crime: bribery crime, unit bribery crime, using influence bribery crime, bribery crime, bribery crime to unit, bribery crime of introduction, bribery crime of unit.
Legal basis: Article 382 of the Criminal Law of People's Republic of China (PRC). State functionaries who take advantage of their positions to embezzle, steal, cheat or illegally occupy public property by other means are guilty of corruption. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property who embezzle, steal, defraud or otherwise illegally occupy state-owned property by taking advantage of their positions are 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 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months without paying them back, 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. Article 395 Paragraph 1 If the property and expenditure of a State functionary obviously exceed his lawful income, and the difference is huge, he may be ordered to explain the source; If the source cannot be explained, the difference shall be regarded as illegal income and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is especially huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in property should be recovered.
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