Is it illegal for property personnel to accept thousands of bribes from community owners?

It does not constitute the crime of accepting bribes by non-state staff. The constitution of the crime stipulated in the Criminal Law is that "a staff member of an enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined". According to the judicial interpretation, several thousand yuan did not reach the standard of "large amount".

Legal analysis

First of all, it does not constitute the crime of accepting bribes by non-state staff. The crime of accepting bribes by non-state staff stipulated in the criminal law refers to "the staff of an enterprise or other unit take advantage of their position to ask for or illegally accept other people's property and seek benefits for others." If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined. " According to Article 1 of the Judicial Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery: "If the amount of corruption and bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed as" a large amount "as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined." Thousands of dollars do not meet the standard of "large amount". Therefore, non-state workers cannot be identified as accepting bribes.

Moreover, you didn't specify whether to use your position to seek benefits for others, so it's not easy to judge directly.

However, the amount of bribes can be accumulated. If it reaches 10 thousand, you can sue and report it to the procuratorate. Bribery is often accompanied by other illegal and criminal acts, which can be considered from this aspect.

In addition, the internal rules and regulations of the property management company are also legally binding, and the staff member can be punished according to the internal reward and punishment documents.

legal ground

Article 163 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount 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 ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined. Employees of companies, enterprises or other units who, in economic exchanges, take advantage of their positions and violate state regulations, accept kickbacks and service fees in various names and take them for personal possession shall be punished in accordance with the provisions of the preceding paragraph.

Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery Article 1 A person whose amount of corruption and bribery is more than 30,000 yuan but less than 200,000 yuan shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:

(a) repeatedly asking for bribes;

(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;

(3) seeking job promotion or adjustment for others.