The subject of bribery crime must be state functionaries, and teachers do not belong to the scope of state functionaries. First of all, the subject qualification is not available. Therefore, accepting gifts from teachers generally does not constitute the crime of accepting bribes in criminal law. If the circumstances are serious, they will generally be subject to administrative sanctions.
State functionaries sent by state organs to serve as teachers or leaders in schools, or between teachers and state functionaries, constitute a crime of accepting bribes, which may constitute a crime of accepting bribes.
Extended data:
The first and second paragraphs of Article 9 of the Opinions 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 Bribery issued on July 8, 2007 stipulate: "State functionaries who accept the property of the trustee shall return it in time and shall not accept bribes.
After accepting a bribe, if a state functionary investigates the person or thing related to the bribe and returns or delivers it to cover up the crime, it will not affect the determination of the crime of accepting bribes.
Teacher bribery case: the former principal of Putian Primary School was sentenced for accepting bribes!
Chen, the former principal of Chengxiang Street Central Primary School, was prosecuted by Chengdu People's Procuratorate. The urban and rural people's court of first instance convicted Chen of accepting bribes, sentenced him to three years in prison and fined him 200,000 yuan.
After investigation, the defendant Chen, as a national staff member, took advantage of his position to seek benefits for others and accepted the property of others for a huge amount of RMB 392,200, which constituted the crime of accepting bribes.