Which law does a middle school principal violate by accepting bribes?

Accepting bribes by a middle school principal is determined based on whether he is a state employee, which violates Article 385 of the Criminal Law of the People's Republic of China or Article 100 of the Criminal Law of the People's Republic of China. Article sixty-three.

The principal of a middle school is a state employee or a person engaged in public service in a state-owned company, enterprise or other state-owned unit, and a person assigned by a state-owned company, enterprise or other state-owned unit to a non-state-owned company, enterprise or other unit to engage in public service The bribery behavior of personnel is suspected of criminal offenses of bribery.

Convicted and punished according to Article 385 of the Criminal Law.

If the principal of a middle school is not one of the above-mentioned persons, he is suspected of accepting bribes as a non-state employee and shall be convicted and punished in accordance with Article 163 of the Criminal Law.

"Criminal Law of the People's Republic of China"

Article 385: State functionaries take advantage of their positions to solicit other people's property, or illegally accept other people's property , seeking benefits for others is a crime of accepting bribes.

If a state employee violates state regulations and accepts kickbacks and handling fees in various names during economic transactions, which are owned by individuals, they will be punished as accepting bribes.

Article 163: Any staff member of a company, enterprise or other unit who takes advantage of his or her position to extort property from others or illegally accept property from others to seek benefits for others, and the amount is relatively large, shall be punished with a five-year fine to fixed-term imprisonment of not more than one year or criminal detention; if the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and may also be subject to confiscation of property.

If a staff member of a company, enterprise or other unit takes advantage of their position in their economic dealings, violates state regulations, and accepts kickbacks and handling fees in various names, which are owned by individuals, they shall be subject to the provisions of the preceding paragraph. Specify penalties.

If a person engaged in official duties in a state-owned company, enterprise or other state-owned unit, or a person assigned by a state-owned company, enterprise or other state-owned unit to perform official duties in a non-state-owned company, enterprise or other unit, commits the acts mentioned in the preceding two paragraphs, Convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

Article 386 Anyone who commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law based on the amount of bribery proceeds and the circumstances. Severe penalties for soliciting bribes.

Extended information:

The principal of a middle school took advantage of his position to illegally accept property from others. On June 8, the People's Court of Huating County, Pingliang City announced the first-instance verdict of the case. Hao was sentenced to ten months in prison, suspended for one year, for accepting bribes.

The court found that from 2010 to 2014, while serving as the principal of a middle school in Huating County, the defendant Hao took advantage of his position to receive a total of 90,000 yuan in cash from engineering contractors. . After the incident, defendant Hao's relatives returned the stolen money in full.

After investigation, in January 2010, the defendant Hao received 20,000 yuan in cash from Gao, a contractor who was responsible for the construction of the school’s dormitory building and other projects, in his office; in August 2011, the defendant Hao A certain person borrowed 50,000 yuan in cash from Qiang, an engineering contractor who undertook maintenance and other projects for the school, and then lent it to Wang.

In May 2012, Wang returned the loan to Hao, and the defendant Hao took 50,000 yuan as his own. When Qiang asked for the loan, the defendant Hao The defendant Hao tore up the IOU and paid attention to the engineering contractor Qiang many times during the project; in February 2014, the defendant Hao received 20,000 yuan in cash from Gao, the engineering contractor who was undertaking the project, downstairs of his home.

After hearing the case, the Huating County People's Court held that the defendant Hao, as a state employee, took advantage of his position to illegally accept property from others and seek benefits for others. The amount was relatively large, and his behavior constituted the crime of accepting bribes. , the charges of the public prosecution were established. The defendant Hao knowingly knew that Gao and Qiang were involved in construction matters at the school where he worked and accepted bribes from them, which should be deemed as "seeking benefits for others."

The defendant Hao accepted bribes many times without handling them, and the cumulative amount of bribes he accepted was calculated. Regarding the arguments and defense opinions put forward by the defendant Hao and his defender, the court held that the defendant Hao obtained cash from relevant stakeholders in the name of borrowing money. Under the conditions of return, he took the initiative to tear up the IOU, failed to return it for a long time, and gave Relevant stakeholders promised to take care of them during the project and settlement.

His behavior should be regarded as bribery, not a private loan relationship, and the defendant Hao and his defender did not provide relevant evidence to substantiate it, so their defense and defense opinions are not supported. The defendant Hao Mou was able to voluntarily plead guilty in court and actively returned the stolen money after the incident. He may be given a lighter punishment in accordance with the law. The court finally made a first-instance verdict that sentenced the defendant Hao to ten months' imprisonment, suspended for one year, and fined him RMB 100,000.

People's Daily Online-The principal of a middle school in Huating County, Pingliang, was sentenced to probation for accepting a bribe of 90,000 yuan in the first instance