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公告:
Interpretation of the Supreme People's Court and Supreme People's Procuratorate on several issues concerning the application of Law in Handling criminal cases of corruption and bribery
18 April 2016 10:29:30 Source: Xinhua News Agency
2016/4/18 21:47:00

新华社北京4月18日电 最高人民法院、最高人民检察院18日联合发布《十大网投信誉平台》,解释全文如下:

Interpretation of the Supreme People's Court and Supreme People's Procuratorate on several issues concerning the application of Law in Handling criminal cases of corruption and bribery

(Adopted by the 1680th meeting of the Judicial Committee of the Supreme People's Court on March 28, 2016 and the 50th meeting of the 12th Inspection Committee of the Supreme People's Procuratorate on March 25, 2016, and effective as of April 18, 2016)

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

Article 1 Whoever embezzles or accepts bribes of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed to be a "relatively large amount" as prescribed 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。

Whoever embezzles not less than 10,000 yuan but not more than 30,000 yuan, under any of the following circumstances, shall be identified as "other relatively serious circumstances" as provided for 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:

(1) embezzling specified money and goods such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, and social donations;

(2) having received Party discipline or administrative sanctions for embezzlement, bribery or misappropriation of public funds;

(3) having been subjected to criminal investigation for an intentional crime;

(4) the money and goods stolen are used in illegal activities;

(5) Refusing to disclose the whereabouts of the stolen money and goods or refusing to cooperate with the recovery work, so that recovery is impossible;

(6) causing adverse effects or other serious consequences。

If the amount of bribes is between 10,000 yuan and 30,000 yuan, under any of the circumstances specified in items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed to be "other serious circumstances" as provided for in paragraph 1 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:

(1) Repeatedly asking for bribes;

(2) seeking illegitimate benefits for others, causing losses to public property, the interests of the state and the people;

(3) seeking promotion or adjustment of posts for others。

Article 2 Whoever embezzles or accepts bribes of not less than 200,000 yuan but not more than 3 million yuan shall be deemed to be a "huge amount" as prescribed in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or have his property confiscated。

If the amount of corruption is not less than 100,000 yuan but not more than 200,000 yuan and falls under one of the circumstances provided for in paragraph 2 of Article 1 of this Interpretation, it shall be deemed to be "other serious circumstances" as provided for in paragraph 1 of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or have property confiscated。

If the amount of bribery is between 100,000 yuan and 200,000 yuan, and it falls under one of the circumstances provided for in paragraph 3 of Article 1 of this Interpretation, it shall be deemed as "other serious circumstances" as provided for in paragraph 1 of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or have property confiscated。

Article 3 Whoever embezzles or accepts bribes amounting to more than 3 million yuan shall be deemed to be "an especially huge amount" as provided for in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or have his property confiscated。

The amount of corruption was between $1.5 million and $3 million,In any of the circumstances provided for in paragraph 2 of Article 1 of this Interpretation,It shall be identified as "other particularly serious circumstances" as provided for in Article 383, paragraph 1 of the Criminal Law.,Sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death,A fine or confiscation of property。

The amount of bribes is between one and a half million yuan and three million yuan,In any of the circumstances provided for in paragraph 3 of Article 1 of this Interpretation,It shall be identified as "other particularly serious circumstances" as provided for in Article 383, paragraph 1 of the Criminal Law.,Sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death,A fine or confiscation of property。

Article 4 Where the amount of embezzlement or bribery is especially huge, the circumstances of the crime are especially serious, the social impact is especially bad, and especially heavy losses are caused to the interests of the State and the people, the death penalty may be imposed。

If the circumstances prescribed in the preceding paragraph are met, but if there are circumstances such as surrendering oneself, making meritorious service, truthfully confessing one's crimes, sincerely repenting one's SINS, actively returning the proceeds, or avoiding or reducing the occurrence of damaging results, and it is not necessary to be executed immediately, the death penalty may be sentenced with a two-year reprieve。

If the circumstances prescribed in the first paragraph are met, a death sentence may be imposed with a two-year reprieve in light of the circumstances of the crime, and the judgment decides that after the two-year reprieve is commuted to life imprisonment according to law, the sentence shall not be commuted or released on parole。

Article 5 Whoever misappropriates public funds for personal use and engages in illegal activities in the amount of 30,000 yuan or more shall be investigated for criminal responsibility for the crime of misappropriating public funds in accordance with the provisions of Article 384 of the Criminal Law;If the amount is more than 3 million yuan, it shall be deemed to be a "huge amount" as stipulated in the first paragraph of Article 384 of the Criminal Law.。Under any of the following circumstances, it shall be identified as "serious circumstances" as provided for in the first paragraph of Article 384 of the Criminal Law:

(1) misappropriating public funds amounting to more than one million yuan;

(2) misappropriating specific funds and goods for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, the amount of which is not less than 500,000 yuan but not more than one million yuan;

(3) misappropriating public funds that are not returned, and the amount is not less than 500,000 yuan but not more than 1 million yuan;

(4) Other serious circumstances。

Article 6 The appropriation of public funds shall be for personal use,Profit-making activities or unpaid for more than three months,The amount is more than 50,000 yuan,It shall be deemed to be a "relatively large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law;The amount is more than five million yuan,Should be identified as the "huge amount" provided for in Article 384, paragraph 1 of the Criminal Law。Under any of the following circumstances, it shall be identified as "serious circumstances" as provided for in the first paragraph of Article 384 of the Criminal Law:

(1) misappropriating public funds amounting to two million yuan or more;

(2) misappropriating specific funds and goods for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, the amount of which is between one million yuan and two million yuan;

(3) misappropriating public funds that are not returned, and the amount is between one million yuan and two million yuan;

(4) Other serious circumstances。

Article 7 Whoever, for the purpose of seeking illegitimate benefits, offers a bribe of 30,000 yuan or more to a State functionary shall be investigated for criminal responsibility for the crime of offering bribes in accordance with the provisions of Article 390 of the Criminal Law。

Where the amount of a bribe is not less than 10,000 yuan but not more than 30,000 yuan, under any of the following circumstances, criminal responsibility shall be investigated for the crime of offering bribes in accordance with the provisions of Article 390 of the Criminal Law:

(1) offering bribes to three or more persons;

(2) using illegal gains for bribery;

(3) seeking promotion or adjustment through bribery;

(4) bribing state functionaries responsible for the supervision and administration of food, drugs, production safety, environmental protection, etc., and carrying out illegal activities;

(5) offering bribes to judicial personnel to affect judicial justice;

(6) causing economic losses of not less than 500,000 yuan but not more than 1 million yuan。

Article 8 Anyone who commits the crime of bribery under any of the following circumstances shall be identified as having "serious circumstances" as provided for in the first paragraph of Article 390 of the Criminal Law:

(1) offering bribes of not less than one million yuan but not more than five million yuan;

(2) The amount of bribery is not less than 500,000 yuan but not more than 1 million yuan, and has one of the circumstances stipulated in paragraphs 1 to 5 of paragraph 2 of Article 7 of this Interpretation;

(3) Other serious circumstances。

Whoever, in order to obtain illegitimate benefits, bribes a State functionary and causes economic losses of not less than one million yuan but not more than five million yuan shall be deemed to have "caused heavy losses to the interests of the state" as stipulated in the first paragraph of Article 390 of the Criminal Law。

Article 9 A person who commits the crime of bribery under any of the following circumstances shall be identified as "particularly serious circumstances" as provided for in the first paragraph of Article 390 of the Criminal Law:

(1) offering bribes of five million yuan or more;

(2) The amount of bribery is not less than 2.5 million yuan but not more than 5 million yuan, and has one of the circumstances stipulated in the first to fifth paragraphs of paragraph 2 of Article 7 of this Interpretation;

(3) other particularly serious circumstances。

Whoever, in order to obtain illegitimate benefits, bribes a State functionary and causes economic losses of more than five million yuan shall be deemed to have "caused particularly heavy losses to the interests of the State" as provided for in the first paragraph of Article 390 of the Criminal Law。

Article 10 The applicable standards for the conviction and sentencing of the crime of taking bribes by influence stipulated in Article 388 of the Criminal Law shall be implemented with reference to the provisions of this Interpretation on the crime of taking bribes。

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

Where a unit bribes an influential person for an amount of 200,000 yuan or more, it shall be investigated for criminal responsibility in accordance with the provisions of Article 390 of the Criminal Law for the crime of bribing an influential person。

Article 11 The starting point of the "large amount" or "huge amount" in the crime of accepting bribes for non-State functionals as provided for in Article 163 of the Criminal Law and the crime of embezzlement as provided for in Article 271 of the Criminal Law shall be executed in accordance with the two or five times of the corresponding amount standard stipulated in this Interpretation for the crime of accepting bribes and the crime of embezzlement。

The starting point of the amount of "large amount", "huge amount" and "illegal activities" in the crime of misappropriation of funds stipulated in Article 272 of the Criminal Law shall be executed in accordance with the double of the amount standard of "large amount", "serious circumstances" and "illegal activities" in the crime of misappropriation of public funds。

The starting point of "a large amount" or "a huge amount" in the crime of bribery of non-state functionary stipulated in the first paragraph of Article 164 of the Criminal Law shall be executed in accordance with the double of the amount standard stipulated in the first paragraph of Article 7 and Article 8 of this Interpretation。

Article 12 The term "property" in the crime of bribery includes money, articles and property interests。Property benefits include material benefits that can be converted into money, such as house renovations, debt relief, etc., and other benefits that require payment of money, such as membership services, travel, etc。The amount of the latter crime shall be calculated on the basis of the amount actually paid or should have been paid。

Article 13 Under any of the following circumstances, it shall be identified as "seeking benefits for others", and if a crime is constituted, it shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of bribery:

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

(2) knowing that others have specific requests;

(3) When performing his duties, he was not asked to do so, but later accepted money or property from others for the purpose of performing his duties。

Where a state functioner asks or accepts a subordinate with a superior or subordinate relationship or a person under management with an administrative relationship with a value of more than 30,000 yuan, which may affect the exercise of his functions and powers, he shall be deemed to have promised to seek benefits for others。

Article 14 If, on the basis of the facts and circumstances of the crime of bribery, a person may be sentenced to fixed-term imprisonment of not more than three years, he may be deemed to have committed a "relatively minor crime" as provided for in paragraph 2 of Article 390 of the Criminal Law。

If, on the basis of the facts and circumstances of the crime, he has been or may be sentenced to fixed-term imprisonment of more than 10 years, or if the case has considerable influence in the province, autonomous region or municipality directly under the Central Government or throughout the country, he may be identified as a "major case" as provided for in paragraph 2 of Article 390 of the Criminal Law。

Under any of the following circumstances, it may be identified as "playing a key role in the detection of major cases" as provided for in the second paragraph of Article 390 of the Criminal Law:

(1) Voluntarily handing over clues to major cases that the case-handling organ does not have;

(2) the criminal clues voluntarily confessed do not belong to the clues of major cases, but the clues are important for the detection of major cases;

(3) Voluntarily disclosing the facts of bribery, which plays an important role in the collection of evidence in major cases;

(4) Voluntarily confessing the facts of bribery, which plays an important role in the pursuit of major cases and the recovery of stolen goods。

Article 15 Where bribes are repeatedly accepted and not dealt with, the amount of the bribes shall be calculated cumulatively。

State functionaries who take advantage of their positions to seek benefits for the trustor repeatedly accept money or property from the trustor, and the amount of money or property received before the trustor is asked for more than 10,000 yuan shall be included in the amount of bribes。

Article 16 Where a State functionary, with the intent of embezzlement or bribery, illegally occupies public property or accepts property from others, uses the stolen money or property for the official expenditure of a unit or social donation, the determination of the crime of embezzlement or bribery shall not be affected, but may be considered as appropriate in sentencing。

Where a particular party involved solicits or accepts property from others, and a state functionary fails to return or hand it over after knowing about it, the state functionary shall be deemed to have intentionally taken bribes。

Article 17 Where a State functionary takes advantage of his position to accept money or property from others and seek benefits for others, and at the same time constitutes the crime of accepting bribes and the crime of dereliction of duty as provided for in Sections 3 and 9 of Chapter III of the Specific Provisions of the Criminal Law, he shall be punished for the crime of accepting bribes and the crime of dereliction of duty together, unless otherwise provided for in the Criminal Law。

Article 18 All property illegally obtained by criminals engaged in embezzlement and bribery shall be recovered or ordered to be returned or compensated in accordance with Article 64 of the Criminal Law, and the lawful property of the victims shall be promptly returned。The illegal gains that have not yet been recovered or returned in full shall continue to be recovered or ordered to be returned。

Article 19 A person sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of embezzlement or taking bribes,A fine of not less than 100,000 yuan but not more than 500,000 yuan shall also be imposed;Sentenced to fixed-term imprisonment of not less than three years but not more than 10 years,It shall also impose a fine of not less than 200,000 yuan but not more than twice the amount of the crime or confiscate property;Sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment,A fine of not less than 500,000 yuan but not more than twice the amount of the crime or confiscation of property shall also be imposed。

For other crimes of embezzlement and bribery for which fines are imposed as prescribed in the criminal Law, a fine shall be imposed not more than twice the amount of the crime of 100,000 yuan or more。

Article 20 This interpretation shall take effect as of April 18, 2016。If the judicial interpretation previously issued by the Supreme People's Court or the Supreme People's Procuratorate is inconsistent with this Interpretation, this interpretation shall prevail。
 

·The two high officials issued judicial interpretations on corruption and bribery criminal cases to clarify the sentencing standards for corruption and bribery convictions

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