How to explain the crime of bribery and what is the crime of bribery

The crime of offering bribes usually refers to the act of giving money or property to state functionaries, staff members of collective economic organizations, or other persons engaged in official business in order to obtain improper benefits, thus constituting a crime. Where a person gives property to a staff member of a company, enterprise, or other unit for the purpose of obtaining improper benefits, and the amount is relatively large, the suspect will be sentenced to up to three years imprisonment or short-term detention and fined by the people's court. where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine.

Criminal Law of the People's Republic of China.

Article 164.

The crime of offering bribes to non-state functionaries refers to giving property to the staff of a company, enterprise or other unit for the purpose of seeking improper benefits, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention and a concurrent fine is to be given; where the amount involved is huge, the sentence is between three and ten years imprisonment and a concurrent fine.

The crime of offering bribes to foreign public officials or public international organizations** refers to the punishment in accordance with the provisions of the preceding paragraph for the purpose of seeking improper commercial benefits by giving property to foreign public officials or public international organizations** in response to the law.

Where a unit commits the crimes in the preceding two paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.

Where the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be commuted or waived.

1. Provisions on the sentencing standards for the crime of bribery: If a person offers bribes to a state functionary for the purpose of seeking improper benefits, if the amount of the bribe is more than 10,000 yuan, he will be directly investigated for criminal responsibility in accordance with the crime of bribery, and will be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

2. If the amount of bribes paid reaches more than 200,000 yuan but less than 1 million yuan, or if it is more than 100,000 yuan but not more than 200,000 yuan, and there must be one of the four specific circumstances, it will be classified as "serious circumstances" in the law;

3. If the direct economic loss of more than 1 million yuan is caused due to bribery to obtain improper benefits, it will be deemed to have "caused major losses to national interests".

4. If the amount of bribes has reached more than 1 million yuan; or directly cause serious losses of more than 5 million yuan to the economy; or if it is more than 500,000 yuan but has not reached 1 million yuan, and there is one of the four specific circumstances, this kind of situation will be classified as "particularly serious circumstances".

5. The crime of offering bribes refers to the act of giving money or property to state functionaries, staff of collective economic organizations, or other persons engaged in public affairs for the purpose of seeking improper benefits. It is a crime of dereliction of duty under the Criminal Law of China. Main features of this crime:

1) The perpetrator subjectively and intentionally for the purpose of taking advantage of the convenience of the position of a state worker, a staff member of a collective economic organization, or other personnel engaged in public affairs to seek personal gain for himself. (2) Objectively committing acts of bribing state employees or other persons engaged in public affairs with money, valuables, and satisfying various selfish desires.

Giving money or property to a state functionary for the purpose of obtaining improper benefits is guilty of bribery.

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

Criminal Law of the People's Republic of China

Article 389:Whoever gives money or property to a state functionary for the purpose of seeking 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 gives money or property to a state functionary because he is extorted without obtaining improper benefits is not a bribe.

Article 390:Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; 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.

Whoever, in order to obtain improper benefits, offers bribes to the close relatives of state functionaries or other persons close to the state functionary, or to departing state functionaries or their close relatives or other persons close to them, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention and a concurrent fine; where the circumstances are serious, or causing major harm to national interests, a sentence of between three and seven 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 between 7 and 10 years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine.