Judicial Interpretation of Corruption

State workers should fulfill their responsibilities at work. If you take advantage of your position to appropriate state property for yourself, if the amount reaches the statutory amount, it constitutes a crime of corruption and you will be held criminally responsible. So, what is the latest and most complete judicial interpretation of the crime of corruption? Today, Hualu Criminal Lawyer has compiled the following content to answer your questions and we hope it will be helpful to you.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery"

(No. 1680 of the Judicial Committee of the Supreme People's Court on March 28, 2016 meeting, adopted by the 50th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 25, 2016, and effective from April 18, 2016)

In order to punish criminal activities of corruption and bribery in accordance with the law, According to the relevant provisions of the Criminal Law, several issues concerning the application of laws in handling criminal cases of corruption and bribery are explained as follows:

Article 1: Where the amount of corruption or bribery is more than 30,000 yuan and less than 200,000 yuan, it shall be determined as criminal law If the amount is "relatively large" as specified in the first paragraph of Article 383, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined in accordance with the law.

If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, and any of the following circumstances occurs, it shall be deemed as "other serious circumstances" stipulated in the first paragraph of Article 383 of the Criminal Law and shall be punished in accordance with the law. Sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine:

(1) Embezzling specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations, etc.;

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(2) Those who have been subject to party discipline or administrative sanctions for corruption, bribery, or misappropriation of public funds;

(3) Those who have been criminally prosecuted for intentional crimes;

( 4) The stolen money and stolen goods are used for illegal activities;

(5) Refusing to explain the whereabouts of the stolen money and stolen goods or refusing to cooperate with recovery efforts, making recovery impossible;

(6) Causing bad behavior impact or other serious consequences.

Anyone who accepts a bribe of more than RMB 10,000 but less than RMB 30,000 and falls under any of the circumstances specified in Items 2 to 6 of the preceding paragraph, or falls under any of the following circumstances, shall be deemed to have committed a crime under Article 300 of the Criminal Law. "Other serious circumstances" as stipulated in the first paragraph of Article 83 shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine in accordance with the law:

(1) Multiple demands for bribes;

(2) Seeking illegitimate benefits for others, resulting in losses to public property, the interests of the country and the people;

(3) Seeking job promotions and adjustments for others.

Article 2 If the amount of embezzlement or bribery is more than 200,000 yuan and 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 sentenced in accordance with the law. A person 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 have property confiscated.

Where the amount of embezzlement is between 100,000 yuan and less than 200,000 yuan and falls under any of the circumstances specified in paragraph 2 of Article 1 of this Interpretation, it shall be deemed to be the case in paragraph 1 of Article 383 of the Criminal Law. For "other serious circumstances" as specified in the regulations, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law, and shall also be fined or have property confiscated.

Where the amount of bribes is more than 100,000 yuan but less than 200,000 yuan and falls under any of the circumstances specified in paragraph 3 of Article 1 of this Interpretation, it shall be deemed to be a crime under paragraph 1 of Article 383 of the Criminal Law. For "other serious circumstances" as specified in the regulations, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law, and shall also be fined or have property confiscated.

Article 3: Anyone who embezzles or accepts bribes in an amount exceeding three million yuan shall be deemed to be an "especially huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law and shall be sentenced to a fixed-term imprisonment of not less than ten years in accordance with the law. Imprisonment, life imprisonment or death, as well as a fine or confiscation of property.

Where the amount of embezzlement is more than 1.5 million yuan but less than 3 million yuan, and falls under any of the circumstances specified in paragraph 2 of Article 1 of this Interpretation, it shall be deemed as Article 383 of the Criminal Law For "other particularly serious circumstances" specified in paragraph 1, the offender shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death in accordance with the law, and shall also be fined or have property confiscated.

Where the amount of bribes is between 1.5 million yuan and less than 3 million yuan, and one of the circumstances specified in paragraph 3 of Article 1 of this Interpretation is met, it shall be deemed as Article 383 of the Criminal Law. For "other particularly serious circumstances" specified in paragraph 1, the offender shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death in accordance with the law, and shall also be fined or have property confiscated.

Article 4 If the amount of corruption or bribery is particularly huge, the crime is particularly serious, the social impact is particularly bad, and it causes particularly heavy losses to the interests of the country and the people, the death penalty may be imposed.

Situations that meet the provisions of the preceding paragraph, but have circumstances such as surrendering, performing meritorious service, truthfully confessing one's crime, sincerely repenting, actively returning stolen goods, or avoiding or reducing the occurrence of damaging consequences, etc., do not have to be executed immediately, and can be The death sentence was suspended for two years.

If the circumstances specified in the first paragraph are met, the death penalty may be sentenced to a two-year suspended execution based on the circumstances of the crime and other circumstances. At the same time, the judge decides that after the two-year suspended execution of the death penalty is commuted to life imprisonment in accordance with the law, he shall be sentenced to life imprisonment. No commutation or parole is allowed.

Article 5 Whoever misappropriates public funds for personal use and conducts illegal activities, and the amount exceeds 30,000 yuan, shall be investigated for criminal liability for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; if the amount is within If the amount exceeds three million yuan, it shall be deemed as a "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law. Any of the following circumstances shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law:

(1) The amount of misappropriation of public funds exceeds one million yuan;

(2) Misappropriating specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief, with the amount exceeding 500,000 yuan and less than 1 million yuan;

(3) ) Misappropriation of public funds without refund, the amount is more than 500,000 yuan but less than 1 million yuan;

(4) Other serious circumstances.

Article 6: Whoever misappropriates public funds for personal use, conducts profit-making activities or fails to repay it for more than three months, and the amount exceeds 50,000 yuan, shall be deemed to have committed the crime as prescribed in paragraph 1 of Article 384 of the Criminal Law. The amount is "large"; if the amount is more than 5 million yuan, it shall be deemed as "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law. Any of the following circumstances shall be deemed as a "serious circumstance" as stipulated in the first paragraph of Article 384 of the Criminal Law:

(1) The amount of misappropriation of public funds exceeds 2 million yuan;

(2) Misappropriating specific funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief, with an amount of more than one million yuan but less than two million yuan;

(3) ) Misappropriation of public funds without refund, the amount is more than one million yuan but less than two million yuan;

(4) Other serious circumstances.

Article 7 Anyone who offers bribes to state functionaries in an amount of more than 30,000 yuan in order to seek illegitimate benefits shall be held criminally responsible for the crime of bribery in accordance with the provisions of Article 390 of the Criminal Law.

Anyone who pays a bribe of more than 10,000 yuan but less than 30,000 yuan and meets any of the following circumstances shall be held criminally responsible for the crime of bribery in accordance with the provisions of Article 390 of the Criminal Law:

(1) Bribery to three or more people;

(2) Use illegal gains for bribery;

(3) Seek job promotion or adjustment through bribery;

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(4) Bribery to state staff responsible for supervision and management of food, medicine, production safety, environmental protection, etc., and conduct illegal activities;

(5) Bribery to judicial staff , affecting judicial fairness;

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

Article 8 Whoever commits the crime of bribery and falls under any of the following circumstances shall be deemed to be a "serious circumstance" as stipulated in the first paragraph of Article 390 of the Criminal Law:

(1) ) The amount of bribery is more than one million yuan but less than five million yuan; One of the circumstances stipulated in Items 1 to 5;

(3) Other serious circumstances.

Anyone who bribes state functionaries in order to obtain illegitimate benefits and causes economic losses of more than 1 million yuan but less than 5 million yuan shall be deemed to have committed the crime as stipulated in paragraph 1 of Article 390 of the Criminal Law. "causing significant losses to national interests."

Article 9 Whoever commits the crime of bribery and falls under any of the following circumstances shall be deemed to be a "particularly serious case" as stipulated in the first paragraph of Article 390 of the Criminal Law:

( 1) The amount of bribery is more than 5 million yuan;

(2) The amount of bribery is more than 2.5 million yuan but less than 5 million yuan, and the amount of bribery is more than 2.5 million yuan but less than 5 million yuan, and the first paragraph of Article 7, Paragraph 2 of this Interpretation Any of the circumstances specified in Items 1 to 5;

(3) Other particularly serious circumstances.

Anyone who bribes state functionaries in order to seek illegitimate benefits, causing economic losses of more than 5 million yuan, shall be deemed to be "in the interests of the state" as stipulated in the first paragraph of Article 390 of the Criminal Law. suffered particularly heavy losses.”

Article 10 The applicable standards for conviction and sentencing of the crime of accepting bribes by using influence as stipulated in Article 388-1 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of accepting bribes.

The applicable standards for conviction and sentencing of the crime of bribery of influential persons stipulated in Article 390-1 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of bribery.

If an unit bribes an influential person in an amount exceeding 200,000 yuan, it shall be held criminally responsible for the crime of bribing an influential person in accordance with the provisions of Article 390-1 of the Criminal Law.

Article 11 Among the crimes of bribery of non-state staff stipulated in Article 163 of the Criminal Law and the crime of embezzlement of duties stipulated in Article 271 of the Criminal Law, the "large amount" and "huge amount" "The starting point of the amount shall be two times or five times the amount standards stipulated in this Interpretation for the crime of bribery and corruption.

In the crime of misappropriation of funds stipulated in Article 272 of the Criminal Law, the amount starting point for the crime of misappropriation of public funds is "relative to a relatively large amount", "huge amount" and "carrying out illegal activities". According to this interpretation, the crime of misappropriation of public funds " The amount standards for "large amounts", "serious circumstances" and "carrying out illegal activities" will be implemented twice.

The starting point for the crime of bribery of non-state personnel as stipulated in Paragraph 1 of Article 164 of the Criminal Law for “relatively large amounts” and “huge amounts” shall be determined in accordance with Article 7 and Article 7 of this Interpretation. Paragraph 1 of Article 8 regarding the amount standard for the crime of bribery shall be doubled.

Article 12 “Property” in the crime of bribery includes currency, items and property interests. Property benefits include material benefits that can be converted into currency, such as house decoration, debt relief, etc., as well as other benefits that require payment of currency, such as membership services, travel, etc. The amount of the latter crime shall be calculated based on the actual amount paid or should be paid.

Article 13 Anyone who falls under any of the following circumstances shall be deemed to be "seeking benefits for others". If it constitutes a crime, he shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes:

(1) Acting or promising to seek benefits for others;

(2) Knowing that others have specific requests;

(3) Not being requested when performing duties, but afterwards based on Accepting property from others for the purpose of performing duties.

If a state employee asks for or accepts property worth more than 30,000 yuan from a subordinate who has a superior-subordinate relationship or a managed person who has an administrative relationship, which may affect the exercise of his or her powers, he shall be deemed to have committed to seek benefits for others.

Article 14: Anyone who may be sentenced to a fixed-term imprisonment of less than three years based on the facts and circumstances of the bribery crime may be deemed to be a "less serious crime" as stipulated in Paragraph 2 of Article 390 of the Criminal Law. .

According to the facts and circumstances of the crime, anyone who has been or may be sentenced to a fixed-term imprisonment of ten years or more, or the case has a greater impact in the province, autonomous region, municipality directly under the Central Government or nationwide, may be deemed to be a criminal under the Criminal Law. "Major cases" specified in paragraph 2 of Article 390.

Anyone who has any of the following circumstances can be deemed to have "played a key role in the detection of major cases" as stipulated in the second paragraph of Article 390 of the Criminal Law:

(1) Taking the initiative Confessing major case clues that are not grasped by the case-handling agency;

(2) The criminal clues voluntarily confessed are not clues of major cases, but the clues play an important role in the detection of major cases;

(3) Taking the initiative to confess the facts of bribery, which plays an important role in the collection of evidence in major cases;

(4) Taking the initiative to confess the facts of bribery, which plays an important role in the pursuit of escape and recovery of stolen goods in major cases.

Article 15: If multiple bribes are not dealt with, the amount of bribes will be calculated cumulatively.

If a state functionary takes advantage of his position to seek benefits for the client and accepts property from the client multiple times before and after receiving the request, and the amount of property received before accepting the request exceeds 10,000 yuan, it shall be included in the amount of bribes accepted.

Article 16 If a state functionary illegally possesses public property or accepts other people’s property out of the intention of corruption or bribery, and then uses the stolen money for official expenditures of the unit or social donations, this shall not affect the The crime of corruption and bribery can be determined as a crime, but it can be considered as appropriate when sentencing.

If a person with a specific relationship solicits or accepts property from others and the state functionary fails to return or hand it over after knowing about it, the state functionary shall be deemed to have the intention to accept bribes.

Article 17: State functionaries who take advantage of their positions to accept property from others and seek benefits for others simultaneously constitute the crime of bribery and dereliction of duty as stipulated in Chapter 3, Section 3 and Chapter 9 of the Criminal Law. Anyone who commits a crime shall be punished for the crime of bribery and the crime of dereliction of duty, unless otherwise provided in the criminal law.

Article 18 All property illegally obtained by corruption and bribery criminals shall be recovered or ordered to be refunded in accordance with the provisions of Article 64 of the Criminal Law, and the legitimate property of the victim shall be returned promptly. Illegal gains that have not yet been recovered or have not been fully refunded shall continue to be recovered or ordered to be refunded.

Article 19 Whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of corruption or accepting bribes shall also be fined not less than 100,000 yuan but not more than 500,000 yuan; If a person is sentenced to imprisonment, he shall also be fined not less than 200,000 yuan but not more than twice the amount of the crime or his property shall be confiscated; if he is sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, he shall also be fined not less than 500,000 yuan but not more than twice the amount of the crime or have his property confiscated. property.

For other corruption and bribery crimes that are punishable by fines under the criminal law, a fine of not less than 100,000 yuan but not more than twice the amount of the crime shall be imposed.

Article 20 This interpretation will come into effect on April 18, 2016. If the judicial interpretations previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.

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