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The crime of offering bribes refers to the act of giving money or property to a state functionary for the purpose of obtaining improper benefits. The following conditions must be met to constitute the crime of offering bribes: 1. The perpetrator subjectively has the criminal intent to take advantage of the convenience of a state functionary to seek improper benefits for himself or others.
2. Objectively committing an act of giving money or property to a state functionary. In any case, as long as the bribe giver gives bribes or acts to state functionaries for the purpose of seeking improper benefits, the crime of offering bribes can be constituted. Even if the bribery is rejected or the improper benefits pursued by the bribery are not achieved, it does not affect the establishment of the crime of bribery.
If the perpetrator's act of giving property to a state functionary is due to extortion and not for the purpose of seeking improper benefits, it does not constitute the crime of offering bribes, but if improper benefits are obtained afterwards, it shall be convicted and punished as the crime of offering bribes. Whoever, in the course of economic exchanges, 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, they shall be investigated for criminal responsibility for the crime of offering bribes. The provisions of the Criminal Code relating to the crime of bribery provide:
Article 389:Whoever gives 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.
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; 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. Case filing criteria:
The "Case Filing Standards" stipulates that if one of the following circumstances is suspected, a case shall be filed: 1. The amount of bribes offered is more than 10,000 yuan; 2. The amount of bribes offered is less than 10,000 yuan, but in any of the following circumstances; (1) Offering bribes for the purpose of obtaining illegal benefits; (2) Offering bribes to three or more persons; (3) Offering bribes to party and government leaders, judicial personnel, or administrative law enforcement personnel; (4) Causing major losses to the interests of the state or society; Where a state functionary has been extorted from giving property or property, and has already obtained improper benefits, criminal responsibility is to be pursued for the crime of offering bribes.
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By the definition of a foreign country, you have committed a crime.
What you're talking about may be the problem that the world is facing right now. You have 2 options. Either find another job (which can only reduce the amount and frequency of bribes but cannot eliminate it), or continue to do it.
As for what is the opinion, Mr. Liu Chuanzhi's sentence can be called a classic. I always remember. I guess when Mr. Liu Chuanzhi said that, although he was a little grateful, he was probably more worried and helpless!
Small businesses do things, big enterprises do things. ”
So let's keep in mind one thing: everyone can do tricks, and there are different tricks.
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Learn well, learn well, keep learning, and keep improving.
Act at the right time, so that the person who sends the contract gets the money, it is not hot, there is no risk.
Your performance will be a source of money!
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Bribery refers to the act of giving money or property to other state functionaries by administrative organs or civil servants of administrative organs in order to obtain improper benefits. "Improper benefits" include illegal benefits, such as the perpetrator giving property to the staff of the tax authorities for tax evasion, and the smugglers giving property to customs officials for the import and export of smuggled goods. It also includes benefits obtained in violation of policies, rules, and regulations, such as those who do not meet the conditions for further education, promotion, employment, or enlistment, and can be promoted, promoted, employed, or enlisted in the army.
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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.
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It refers to the act of giving money or property to other state functionaries by administrative organs or civil servants of administrative organs in order to obtain improper benefits. Commercial bribery refers to the unfair competitive behavior of business operators who offer or promise to trade counterparties, their employees, or their employees for the purpose of excluding competitors, in order to obtain benefits in business activities such as selling or purchasing goods or providing services, so as to realize transactions.
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. >>>More
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