The bribery case of the third judge of Jinan Intermediate People's Court: Is it a "bribe" for a lawyer to send money?

Legal analysis: if a state functionary takes advantage of his power or position to seek illegitimate interests for the trustee through the behavior of other state functionaries, and asks for or accepts the trustee's property, he shall be punished as accepting bribes. According to the relevant provisions of the criminal law, it is a crime of bribery to give property to state functionaries in order to seek illegitimate interests. According to this provision, the crime of bribery should include at least two conditions: (1) seeking illegitimate interests; (2) Giving property to state functionaries. In practice, the purpose of bribery can be roughly divided into three categories: the first category is the legitimate interests that you have the right and deserve, and you can't get them without bribery, or you will be delayed or deducted; The second category is illegal interests that do not meet the conditions and should not be obtained. Bribery can be obtained or disguised. The third category is between the two. You can get it by bribing, or you can get it more quickly. You can't get it if you don't pay bribes, or you can take it slowly and take less.

Legal basis: According to Article 385 of the Criminal Law of People's Republic of China (PRC), a state functionary who takes advantage of his position to ask for other people's property, or illegally accepts other people's property 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 accepting bribes.

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.