According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 389 Whoever gives money or property to a state functionary in order to seek illegitimate interests is guilty of bribery.
In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery.
It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.
Article 390 Whoever commits the crime of accepting bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
If the briber voluntarily confesses the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.
Article 390-1 Whoever, for the purpose of seeking illegitimate interests, offers bribes to the close relatives of state functionaries or other people closely related to state functionaries, or to the state functionaries who leave their posts or their close relatives or other people closely related to state functionaries, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined;
If the circumstances are serious, or the national interests suffer heavy losses, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; If the circumstances are especially serious or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
Article 393 Where a unit pays bribes for illegitimate interests, or violates state regulations by giving kickbacks or handling fees to state functionaries, if the circumstances are serious, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. If the illegal gains from bribery are owned by individuals, they shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law.
Article 93 "State functionaries" as mentioned in this Law refers to those who are engaged in public service in state organs. Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as national staff.
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Related reports: Bribery and bribery should be investigated together, so that bribers can pay the due price.
A few days ago, the People's Court of Hui 'an County, Quanzhou City held a hearing on the bribery case of Chen Ximin, a construction contractor, and sentenced Chen Ximin to one year and two months in prison, with a suspended sentence of one year and six months. "Bribery and bribery together have a powerful deterrent effect on bribers!" Lin, member of the Standing Committee of Hui 'an County Committee, secretary of the County Discipline Inspection Commission and director of the County Supervisory Committee, told the reporter that in April this year, Chen Ximin, who had fled Jiangxi for five years, was forced to surrender voluntarily under pressure, and the County Supervisory Committee took lien measures against him according to law.
The investigation and handling of Chen Ximin's case is a concrete manifestation that the discipline inspection and supervision organs at all levels in our province conscientiously implement the requirements of the 19th National Congress of the Communist Party of China and the Second Plenary Session of the 19th Central Commission for Discipline Inspection on "insisting on investigating and handling bribery together", and show their swords to "hunters" and "hunters who are willing to be hunted" according to the duties and powers entrusted by the supervision law, so as to make bribers pay the due price.
Liu Xuexin, member of the Standing Committee of the Provincial Party Committee, secretary of the Provincial Discipline Inspection Commission and director of the Provincial Supervision Commission, has repeatedly demanded that the discipline inspection and supervision organs in the province should maintain a positive anti-corruption and high-pressure situation, adhere to no-forbidden zones, full coverage and zero tolerance, insist on heavy containment, strong high-pressure and long-term deterrence, persist in investigating and handling bribes together, resolutely prevent the formation of interest groups within the party, and promote the overwhelming situation of the anti-corruption struggle to turn into an overwhelming victory.
All parts of the province adhere to the principle of striving for stability, fill in the shortcomings of combating bribery, and severely crack down on bribery in accordance with the law. A group of "hunters" were severely punished together with "hunters".
In April, Richard Chang, former member of the Party Committee and former deputy director of the Public Security Bureau of Ninghua County, Sanming City, was expelled from the Party and public office for taking bribes, engaging in profit-making activities in violation of regulations and bending the law, and was transferred to judicial organs for handling. Jiang and other three people who paid bribes to him were transferred to the procuratorate for review and prosecution.
In May, Zhang Jun Rong, former Party Secretary of Guanpi Town, Zhaoan County, was sentenced to 7 years and 6 months in prison and fined 450,000 yuan for committing corruption and accepting bribes. 1 1 village committee candidates involved in giving him money were disqualified and severely dealt with.
The second paragraph of Article 22 of the Supervision Law stipulates that "the supervisory organ may take lien measures against the personnel involved in bribery crimes or joint duty crimes in accordance with the provisions of the preceding paragraph". Under the background of the comprehensive deepening of the reform of the supervision system, all parts of the province actively and effectively use the measure of detaining bribers given by the supervision law to promote the investigation and punishment of bribery.
On July 6, the People's Court of Longhai City in Zhangzhou sentenced private entrepreneur Zheng to five years and six months in prison for corruption and bribery. Previously, Zheng's main bribery target, the former director of the Taiwan Affairs Office of Longhai Municipal Committee, was sentenced to eight years in prison and fined RMB300,000 for embezzlement, bribery and corruption.
"In the past, in general cases, bribers often cooperated with the investigation and inquiry only as witnesses, especially non-CPC party member and non-state workers, who could only ask the public security organs to cooperate. Now you can take lien measures according to law. " Guo, deputy secretary of the Commission for Discipline Inspection of Longhai City and deputy director of the Municipal Supervision Committee, said that the Municipal Supervision Committee took lien measures against the briber Zheng and the "two non-"personnel involved in the case when investigating the case.
On August 10, the case of Xie Jingsi, former deputy secretary, vice chairman and general manager of the Party Committee of Fujian Radio and Television Network Group Co., Ltd., was heard in court. Among the many charges that Xie Jingsi was accused by the procuratorate, the charge of bribery against non-state staff is very eye-catching. "He took bribes and was brought to justice. He deserved it! " A cadre said after attending the trial.
The relevant person in charge of the Supervision Committee of the Provincial Commission for Discipline Inspection said that if the briber is detained, it is also necessary to use all kinds of legal investigation measures carefully and conduct investigations in a rule of law way, so that the briber can be severely punished by law as well as the briber.
"While strictly investigating the briber himself, the illegal income obtained through bribery should also be identified and recovered according to discipline and law, so that the' hunter' will pay a heavy price." The relevant person in charge of the Supervision Committee of the Commission for Discipline Inspection of Jinan District, Fuzhou City introduced that Wu Agile, the former director of Jinan District Housing Management Bureau, took advantage of his position to accept bribes in land acquisition and demolition, and the local discipline inspection and supervision organs severely investigated and dealt with them, bribing and accepting bribes together. The judicial organs not only sentenced the relevant bribers, but also ordered them to return more than 7 million yuan in compensation and fined 654.38+10,000 yuan.
Not only that, some areas in our province are still actively making moves in bribery disposal and other links, strengthening the consciousness of not daring to talk to Zhi Zhi. Dehua county will investigate and deal with bribery such as power rent-seeking, interest transfer, buying and selling officials. , and enterprises and individuals with bribery records will be included in the "blacklist", and administrative licensing, evaluation first, qualification evaluation, etc. will be restricted to form a joint force to control bribery.
Longhai City strengthened the construction of electronic files of bribers, sorted out and entered the bribery data information of the whole city since the 18th National Congress of the Communist Party of China, involving 4 12 bribers and gift givers, and punished 9 1 person bribers and gift givers, among which 6 people filed a case, 2 people were expelled from the Party, 73 people were admonished for talking 12, and 73 people were criticized and educated.
People's Daily Online-Bribery and bribery should be investigated together, so that the briber can pay the due price.