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How to Measure the Penalty of Commercial Bribery Crime
1. The general crime of accepting bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 2. Whoever seeks illegitimate interests by taking bribes, if the circumstances are serious, or causes heavy losses to the national interests, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; 3. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have his property confiscated. The law does not stipulate the standard of serious or particularly serious circumstances. Judging from the situation of judicial practice, we should examine the amount, means, frequency, times, consequences and performance after the crime. Generally speaking, it refers to those who have always paid bribes to seek personal illegal interests and have not changed after repeated education; Bribery for selling fake and shoddy products, with serious consequences; Bribery by signing fake contracts to defraud property; Bribery of defrauding the state export tax rebate; Bribery means or results in other crimes; Bribing with national cultural relics or special funds and materials such as special care, relief, poverty alleviation and education, and bribing with party dues and tour fees; The amount of accepting bribes is huge or especially huge, causing great or especially great losses to the interests of the state; When investigating the case, the judicial organs refused to confess the crime, forged, concealed and destroyed the evidence, and formed an offensive and defensive alliance with the briber.

legal ground

Criminal law of the people's Republic of China

Article 164 Whoever gives money or property to the staff of a company, enterprise or other unit for the purpose of seeking illegitimate interests, 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, 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.

Whoever gives money or property to foreign public officials or officials of public international organizations in order to seek illegitimate commercial interests shall be punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.

If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.