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Generally, it is a public security punishment, and the punishment is confiscation of illegal gains, fines, detention or something.
Because the crime of bribery needs more than 10,000 yuan to be constituted, or 5,000 to 10,000 yuan in order to seek illegal benefits or suffer major losses to the interests of the state, collective, or individual due to bribery, the criminal responsibility will be investigated.
Here are some references to the crime of bribery.
1. Are you seeking improper benefits?
2. Did you give it to them on your own initiative or was you blackmailed? If it was blackmailed, did you get an improper benefit?
3. Did you take the initiative to confess to bribery before being prosecuted?
The above three questions are important.
1. If they take the initiative to give them bribes and the purpose is to seek improper benefits, then the crime of bribery is constituted. It doesn't matter whether you actually get the benefits or not.
2. Forced to give property because of extortion, if the improper benefits are actually sought, it constitutes the crime of bribery; Where there is no actual acquisition, it is not constituted.
3. The so-called improper benefits include the interests themselves are not fair, but also include the benefits that you should or may get, but you use unfair competition to obtain unfair preferential treatment. Count in both cases.
4. If it is a benefit that you should have obtained or may get, just because the amount, quota, and opportunities are limited, or even difficult to obtain or realize by the relevant state functionaries, it is not an improper benefit, such as after you give the construction of this state-owned enterprise, he does not pay you for the project, you give the relevant personnel property, and expect the other party to pay at the time and manner agreed in the contract, which is not an improper benefit. Naturally, it does not constitute bribery.
4. Where they voluntarily confess before being prosecuted, punishment may be commuted or waived.
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If a bribe of 4,500 yuan is only given to a person, it does not constitute the crime of bribery. The public security and the Commission for Discipline Inspection may have to conduct further investigations, and if it is found that there is indeed only the 4,500 yuan, they should be released.
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Confiscation of ill-gotten gains, criticism of education. Not enough to be criminal,
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It constitutes the crime of offering bribes, and the crime is not light.
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If it has been determined that it constitutes bribery, of course, there is responsibility. Giving money or property to a state functionary for the purpose of obtaining improper benefits is guilty of bribery. Whoever, in the course of dealings, violates state regulations by giving state functionaries property in large amounts, or violates state regulations by giving state functionaries kickbacks or fees in various names, they 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.
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.
If the unit instructs or instructs the employee to give bribes, the company bears legal responsibility, if it is the employee's personal behavior, but the income after the bribery is the income of the unit, then it is still the crime of bribery.
1. Will bribery be investigated for criminal liability?
Serious bribery is suspected of being a criminal offense and constitutes the crime of offering bribes. Whoever gives 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 state functionaries property or a relatively large amount, or violating state regulations by giving state functionaries kickbacks or fees in various names, shall be punished as bribery.
Because the property of state officials is extorted, it is not a bribe that does not receive an improper benefit.
The punishment for the crime of offering bribes in general is as follows: whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined;
where the circumstances are serious or cause major harm to national interests, 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 life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.
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No consequences.
The amount is too small. Not at all.
Only the staff of that state organ should be arrested.
The arraignment you only need to insist that he ask for a bribe.
You don't.
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The crime of offering bribes refers to the act of giving money or property to state functionaries in order to obtain improper benefits (including in economic transactions, violating state regulations, giving state functionaries money or property in large amounts, or violating state regulations by giving state functionaries kickbacks and fees in various names).
In summary, it will constitute the crime of offering bribes.
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