A state functionary who accepts a red envelope 1000 yuan, but does not take advantage of his position to seek illegitimate interests for the person who gave the red envelope, does not constitute the crime of accepting bribes, but it is illegal.
Giving gifts to leaders 1000 is not a bribe, but it will be punished for officials. Whoever, in order to seek illegitimate interests, offers bribes of more than 10,000 yuan to state functionaries shall be investigated for criminal responsibility for accepting bribes and sentenced to fixed-term imprisonment of not more than five years or criminal detention. A functionary of a state organ who accepts a red envelope 1000 yuan, but does not take advantage of his position to seek illegitimate interests for the person who gave the red envelope, does not constitute bribery, but it is an illegal act.
Bribery refers to the act of giving property to state functionaries in order to seek illegitimate interests (including giving property to state functionaries in violation of state regulations in economic exchanges, or giving them kickbacks and handling fees in various names in violation of state regulations).
Those who give property to state functionaries due to extortion and have not obtained illegitimate interests shall not be deemed as accepting bribes.
Seeking illegitimate interests means seeking your own legitimate interests.
State functionaries refer to those who work in state organs, administrative organs, judicial organs, military organs, state-owned enterprises, institutions and state-owned companies, as well as those who are assigned by these organs and units to work in non-state-owned companies, enterprises, institutions, people's organizations and other units, and those who engage in public affairs in accordance with the law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis:
Criminal law of the people's Republic of China
Article 389
It is a crime of bribery to give property to state functionaries in order to seek illegitimate interests. 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. If the circumstances are serious, or the national interests suffer heavy losses, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially 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. If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.