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Anonymous users2024-02-10Article 389 of the Criminal Law [Crime of Offering Bribes] Whoever gives property to a state functionary for the purpose of seeking improper benefits is guilty of offering bribes.
Whoever, in the course of dealings, violates state regulations by giving property to state functionaries in relatively large amounts, or violates state regulations by giving state functionaries kickbacks or fees 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:[Punishment for the Crime of Offering Bribes] Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; 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 is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and property may be confiscated concurrently.
Where the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be commuted or waived.
Article 391:[Crime of Offering Bribes to Work Units] Whoever gives money or property to a state organ, state-owned company, enterprise, public institution, or people's organization for the purpose of seeking improper benefits, or violates state regulations by giving kickbacks or commissions in various names in the course of economic dealings, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
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.
Article 392:[Crime of Introducing Bribes] Whoever introduces bribes to state functionaries, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.
Where the person who introduced bribes voluntarily confessed the act of introducing bribes before being prosecuted, punishment may be commuted or waived.
Article 393:[Crime of Offering Bribes by a Work Unit] Where a unit offers bribes for the purpose of seeking improper benefits, or violates state regulations by giving kickbacks or handling fees to state functionaries, and the circumstances are serious, the unit shall be fined, and the person in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention. Where unlawful gains obtained through bribery are owned by individuals, they shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law.
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Anonymous users2024-02-091. What are the constitutive elements of the crime of offering bribes?
1. The elements of the crime of offering bribes are as follows:
1) Subject elements: general subjects, natural persons who are at least 16 years old and have the capacity for criminal responsibility;
2) Object elements: the integrity of the state functionary's official duties and the unbuyability of his or her official conduct;
3) Subjective element: intentional and with the purpose of seeking improper benefits. If the perpetrator does not have the purpose of seeking an improper benefit, or if he or she is seeking a legitimate benefit, then it does not constitute a crime;
4) Objective elements: It is manifested as giving money or property to a state functionary in order to obtain improper benefits.
This kind of bribery is divided into two situations: one is to give money or property to a state functionary; The other is the passive giving of property as demanded by a State agent. In the course of economic exchanges, in violation of state regulations, state functionaries are given property and property in relatively large amounts, or in violation of state regulations, state functionaries are given kickbacks and fees in various names.
2. Legal basis: 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.
2. Distinguish between individual bribery and corporate bribery.
The person in charge of the unit may either offer bribes on behalf of the unit or in the name of the unit for personal purposes.
1) The purpose is different. A natural person bribes for the purpose of seeking improper personal benefits, while a unit bribes for the purpose of seeking improper benefits for the unit;
2) The attribution of interests is different. Where the disciplinary and illegal gains obtained as a result of bribery are owned by an individual, it is a natural person who pays a bribe = if it is owned by a unit, it is a bribe paid by a unit;
3) The subject of implementation is different. The subject of bribery by a unit is a unit, while the subject of bribery by a natural person is a natural person. Although the bribery of the unit is also carried out through specific natural persons, it is carried out under the control of the will of the unit;
4) The name and procedure for the payment of property are different. Bribery by a unit is generally decided by the collective research of the unit and is carried out in the name of the unit, while bribery by a natural person is decided by an individual and carried out in the name of the individual.
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