Whether the profits from bribery by the unit should be confiscated

Where bribery is carried out but no benefits are obtained, it is also considered the crime of bribery. constitutes the crime of offering bribes, and is generally sentenced to up to five years imprisonment or short-term detention and a concurrent fine. The crime of offering bribes refers to the act of giving money or property to state functionaries, staff members of collective economic organizations, or other persons engaged in public affairs for the purpose of obtaining improper benefits.

1. How to sentence the leader with 200,000 yuan.

Offering a bribe of 200,000 yuan to a leader is an ordinary crime of bribery, and is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine. Where the other sentencing ranges for the crime of offering bribes include bribery for improper benefits, where the circumstances are serious or the circumstances are especially serious, or where the national interests suffer especially heavy losses, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Giving money or property to a state functionary for the purpose of obtaining improper benefits is guilty of bribery.

Whoever gives money or property to a state functionary because he is extorted without obtaining improper benefits is not a bribe.

2. How to sentence foreign public officials for the crime of offering bribes.

The sentencing penalties applicable to criminals who have committed the crime of offering bribes to foreign public officials are as follows: where the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined. The crime of offering bribes to non-state functionaries refers to the act of giving money or property to the personnel of a company, enterprise or other unit for the purpose of seeking improper profits, and the amount is relatively large.

Article 390 of the Criminal Law of the People's Republic of China.

Those who commit the crime of offering bribes are to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine; Where bribery is used to obtain improper benefits, and the circumstances are serious, or where major losses are caused to the interests of the state, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, or cause especially heavy harm to national interests, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Where the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, where it plays a key role in the investigation of a major case, or where there is a major meritorious service, punishment may be commuted or waived.

Offering bribes without obtaining benefits is considered a crime of bribery. The crime of offering bribes refers to the act of giving money or property to state functionaries (including in the course of economic dealings, violating state regulations, giving money or property to state functionaries in relatively large amounts, or violating state regulations by giving state functionaries kickbacks or fees in various names) for the purpose of seeking improper benefits.

1. How to sentence the crime of bribery under the new Criminal Law.

The Criminal Law of the People's Republic of China makes the following judgments on the crime of offering bribes: sentenced to fixed-term imprisonment of not more than 5 years or short-term detention and a concurrent fine; Where bribery is used to obtain improper benefits, and the circumstances are serious or major losses are caused to the interests of the state, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given. The Criminal Law of the People's Republic of China stipulates that a person who gives property to a state functionary for the purpose of obtaining improper benefits or spines is guilty of the crime of offering bribes.

In the course of economic exchanges, those who violate state regulations by giving state functionaries property or a relatively large amount, or violating state regulations by giving state functionaries kickbacks and commissions in various names, shall be punished as bribery. It is not a bribe if the property is extorted from a state functionary and no improper benefit is obtained.

II. How to determine the crime of offering bribes by a unit?

The elements that can be determined to constitute the crime of offering bribes by a unit shall refer to:

1. Objectively, it is manifested as a company or enterprise, in order to seek improper benefits, giving property to state functionaries, and the amount is relatively large; or violating state regulations by giving kickbacks or fees to the above-mentioned persons, where the circumstances are serious;

2. The object of infringement is mainly the normal management activities and functional activities and reputation of state organs, companies and enterprises;

3. The main body is the unit;

4. The subjective aspect is intentional.

3. How to deal with a bribe of 1 million.

Handling of bribes of **1,000,000. Whoever offers bribes to state functionaries for the purpose of seeking improper benefits, and the amount reaches 1 million yuan, is a serious circumstance of the crime of offering bribes, and is to be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If it is extorted to give property to a state functionary without obtaining improper benefits, it is not a crime of bribery and does not need to be dealt with.

According to the relevant laws and regulations, in the course of economic exchanges, whoever violates state regulations by giving property to state functionaries in a relatively large amount, or violates state regulations by giving state functionaries kickbacks or fees in various names, shall be punished as bribery.

Article 389 of the Criminal Law stipulates that a person who gives money or property to a state functionary for the purpose of obtaining improper benefits is guilty of offering bribes.

In the course of economic exchanges, those who violate state regulations by giving property to state functionaries in relatively large amounts, or who violate state regulations by giving state functionaries kickbacks or commissions in various names, shall be punished as bribery.

Whoever is sold by an extortion group to a state functionary without obtaining improper benefits is not a bribe.

If there is evidence to prove that it is a solicitation of bribes, of course, Guess Tong does not constitute the crime of offering bribes by a unit. In practice, if a unit does not have the intention of offering bribes, but is coerced by extortion to give bribes to personnel engaged in public affairs in state organs, state-owned companies, enterprises, or public institutions, or to personnel appointed by state organs, state-owned companies, enterprises, or public institutions to engage in public affairs in non-state-owned companies, enterprises, public institutions, or social organizations, it cannot be found to be a unit offering bribes. Where a unit offers bribes for the purpose of seeking improper benefits, or violates state regulations by giving kickbacks or handling fees to state employees, and the circumstances are serious, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention.