A friend of mine has paid bribes many times and has now been arrested, I wonder if he will be punish

Updated on society 2024-04-04
1 answers
  1. Anonymous users2024-02-07

    Legal analysis: If the evidence is conclusive, you will be arrested, as for how many years you will generally be sentenced to bribery, it depends on the specific situation, for the crime of bribery in China has specific regulations, generally as long as you commit this crime, you will be sentenced to fixed-term imprisonment of less than five years; In the case of more serious circumstances, the sentence is generally fixed-term imprisonment of not less than five years but not more than ten years.

    Legal basis: Criminal Law of the People's Republic of China

    Article 389:Whoever gives money or property to a state worker for the purpose of seeking 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.

    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 years or more imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

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

    Article 390-1 Whoever, for the purpose of seeking improper benefits, offers bribes to the close relatives of state functionaries or other persons close to the state functionary, or to state functionaries who have left their posts or their close relatives or other persons close to them, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; 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.

    Article 391:Whoever gives property to a state organ, state-owned company, enterprise, public institution, or people's organization for the purpose of seeking improper benefits, or who, in the course of economic dealings, violates state regulations by giving kickbacks or fees in various names, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined.

    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 punished in accordance with the provisions of the preceding paragraph.

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