I. Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Bribery
Article 1. Whoever, in order to seek illegitimate interests, offers bribes of more than 10,000 yuan to state functionaries shall be investigated for criminal responsibility in accordance with the provisions of Article 390 of the Criminal Law.
Article 2 Whoever seeks illegitimate interests through bribery under any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 390 of the Criminal Law:
(a) the amount of bribes is more than two hundred thousand yuan but less than one million yuan;
(two) the amount of bribes is more than one hundred thousand yuan but less than two hundred thousand yuan, and one of the following circumstances:
1, bribing more than three people;
2. Bribery by using illegal income;
3, for the implementation of illegal and criminal activities, to pay bribes to national staff responsible for food, medicine, production safety, environmental protection and other supervision and management responsibilities, seriously endangering people's livelihood, infringing on the safety of public life and property;
4, to the administrative law enforcement organs, judicial organs of state staff bribery, affecting administrative law enforcement and judicial justice;
(3) Other serious circumstances.
Article 3 Whoever seeks illegitimate interests through bribery and causes direct economic losses of more than one million yuan shall be deemed as "causing great losses to the national interests" as stipulated in the first paragraph of Article 390 of the Criminal Law.
Article 4 Whoever seeks illegitimate interests through bribery under any of the following circumstances shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 390 of the Criminal Law:
(a) the amount of bribes is more than one million yuan;
(two) the amount of bribes is more than five hundred thousand yuan but less than one million yuan, and one of the following circumstances:
1, bribing more than three people;
2. Bribery by using illegal income;
3, for the implementation of illegal and criminal activities, to pay bribes to national staff responsible for food, medicine, production safety, environmental protection and other supervision and management responsibilities, seriously endangering people's livelihood, infringing on the safety of public life and property;
4, to the administrative law enforcement organs, judicial organs of state staff bribery, affecting administrative law enforcement and judicial justice;
(3) Causing direct economic losses of more than 5 million yuan;
(4) Other particularly serious circumstances.
Article 5 Whoever has paid bribes for many times without treatment shall be punished according to the accumulated amount of bribes.
Two. Criminal law of the people's Republic of China
Article 389 Whoever gives money or property to a state functionary in order to seek illegitimate interests is guilty of bribery.
In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery.
It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.
Article 390 Whoever commits the crime of accepting bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have his property confiscated.
If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.
Extended data:
Cause of action: taking bribes of RMB 6,543,800+0.96 million. The heads of the two companies were tried on suspicion of bribery.
Two companies in Beijing paid bribes of 1.96 million yuan to Wang Hongzhen, former deputy director of Changping District Health Bureau, in order to obtain business projects. 2065438+On the morning of August 3, 2008, Beijing No.1 Intermediate People's Court held a public hearing to hear these two cases suspected of accepting bribes.
Before the incident, Wang Hongzhen served as the director of Beijing Changping Maternal and Child Health Hospital, the deputy director of Beijing Changping Health Bureau and the deputy director of Beijing Changping Health and Family Planning Commission.
According to the prosecution's accusation, from August 20, 2007 to June 3, 2007, the defendant Beijing Zhongzhi Investment Company and Liu, the person in charge of the company, provided assistance to the director of Changping Maternal and Child Health Hospital, and Zhongzhi Company successively contracted the children's intelligence testing business and trace element testing business of Changping Maternal and Child Health Hospital. To this end, Liu gave RMB260,000 on behalf of Zhongzhi Company. After Liu arrived at the case, he truthfully confessed the criminal facts of accepting bribes. After the incident, the defendant CIIC Yolanda Investment Company returned RMB 654.38 million to the procuratorate.
Liu and Li, deputy general manager of his company's litigation agent, were taken to the trial table. Liu said that he met in 2007. In order to do business, he sent twenty thousand yuan to Wang Hongzhen's office. After that, in order to settle the payment smoothly and start the trace element detection business again, he gave Wang Hongzhen 20,000 yuan each time, until Wang Hongzhen ceased to be the dean in 20 14. "Reconciliation is laborious and the competition is too fierce. In order to make the project smoothly implemented, bribe. " Liu said.
After "management", Liu's company successfully contracted the detection business of trace elements, and the company's profits continued to rise. From 2007 to 20 14, * * * generated a profit of 2.8 million yuan.
In her testimony, Liu gave her money because she could give her a chance to make money. There are many tests for children's growth and development. As long as she doesn't agree to be the dean, Liu's company will definitely not enter.
Regarding the accusation, Liu and the litigation agent of the defendant unit both pleaded guilty and pleaded guilty. The procuratorate suggested that the court sentence the defendant Liu to fixed-term imprisonment of less than one year and apply probation.
Subsequently, Feng of Beijing Science and Technology Company and his unit held a trial for accepting bribes. Before the incident, Feng was the legal representative of three companies including Beijing Ji 'an Huixin. According to the prosecution's allegations, during the period from 20 10 to the beginning of 20 15, Feng took advantage of his position as the president of Beijing Changping Maternal and Child Health Hospital, the deputy director of Beijing Changping Health Bureau and the deputy director of Beijing Changping Health and Family Planning Commission to help the above-mentioned companies undertake the supply of medical consumables in Beijing Changping Maternal and Child Health Hospital. To this end, Feng gave 1.7 million yuan on behalf of the above-mentioned companies for many times.
After the incident, the defendant Feng took the initiative to explain the fact of accepting bribes, and Ji 'an Huixin Company, which has been renamed Beijing Science and Technology Company, returned 500,000 yuan to the procuratorate.
According to Feng's confession, the medical industry is relatively profitable, but his cousin has given him a lot of care. From 20 10, during the cooperation with Changping Maternal and Child Health Hospital, the three companies he registered generated a turnover of more than 10 and a profit of more than 5 million yuan. "There are many similar competitive enterprises in the market. If you want to sell hospital consumables, you must go through Wang Hongzhen, through which you can get the payment in time." Feng said.
Feng said that every time he supplies consumables to the hospital, he will give her a benefit fee at the checkout, totaling 1.7 million yuan, and every time he takes cash from the company's business account. "Give money is Wang Hongzhen want. She wrote me a note with the type and price of each consumable. These notes have been destroyed according to Wang Hongzhen's requirements. "
The court did not make a judgment on two cases in court.
People's Daily Online-Bribery of RMB 654.38+RMB 9600. The responsible persons of two companies were tried on suspicion of bribery.