In any of the following circumstances, criminal responsibility shall be investigated for bribery:
1, bribing more than three people;
2. Bribery by using illegal income;
3. Seek job promotion and adjustment through bribery;
4. Bribing State functionaries who are responsible for the supervision and management of food, medicine, production safety and environmental protection, and engaging in illegal activities;
5. Bribery to judicial staff, which affects judicial justice; 6. Causing economic losses of more than 500,000 yuan but less than1000,000 yuan.
What evidence is needed for bribery?
First, the confession and defense of the bribery suspect.
Second, the confession of the bribery suspect.
Third, witness testimony.
Fourth, physical evidence.
5. Written evidence.
Sixth, the appraisal conclusion.
7. Other materials.
General sentencing methods of bribery:
(1) At present, special attention should be paid to severely punishing the following serious bribery crimes according to law:
1. The amount of bribes is huge, and bribes are paid for many times or to many people;
2. Bribery to party and government cadres and judicial staff;
3. For the purpose of smuggling, tax evasion, tax fraud, evasion of foreign exchange and illegal trading of foreign exchange, bribing the staff of administrative law enforcement organs such as customs, industry and commerce, taxation and foreign exchange management;
4. Bribery to the staff of banks and other financial institutions and securities management institutions, and illegal handling of financial and securities business, resulting in heavy losses to national interests;
5. Bribery to the relevant competent departments and their leaders, and illegal acquisition of project development rights, contracting rights and management rights, resulting in heavy losses to public property, national and people's interests;
6 for the production and sale of fake and shoddy products to the relevant state organs, state-owned units and state functionaries, resulting in serious consequences;
7. Other serious bribery crimes.
(two) in the investigation of serious bribery cases, we should not only adhere to the principles of hell to pay, but also pay attention to the implementation of policies.
If a briber or a briber has the circumstances stipulated in the second paragraph of Article 390 and the second paragraph of Article 392 of the Criminal Law, and voluntarily confessed the bribery situation and introduced the circumstances of the bribery crime before being prosecuted, the punishment may be mitigated or exempted respectively according to law; A briber or a briber who introduces a bribe after being prosecuted may also be given a lighter punishment as appropriate.
(three) in the serious investigation of serious bribery cases, we should pay attention to the struggle strategy and working methods. It is necessary to organically combine the investigation and handling of major cases of bribery crimes with the investigation and handling of serious bribery crimes, so as to crack down on bribery crimes and promote the investigation and handling of major cases of bribery crimes and promote the comprehensive and in-depth investigation and handling of corruption and bribery cases.
(4) People's courts and people's procuratorates at all levels should conscientiously sum up experiences and lessons, find out the existing problems, and put forward practical solutions in order to change the situation of ineffective crackdown on serious bribery crimes. The Supreme People's Court and the Supreme People's Procuratorate should report any problems in their work in time.
legal ground
Criminal law of the people's Republic of China
Article 385 Any state functionary who takes advantage of his position to extort money or property from others, or illegally accepts money or property from others to seek benefits for others, is guilty of accepting bribes. State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.
Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.