Criminal Law of the People's Republic of China
Article 382 Any State functionary who takes advantage of his position to embezzle, steal, defraud or illegally possess public property by other means is guilty of corruption.
Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage and manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property by other means by taking advantage of their positions, which is regarded as corruption.
Whoever colludes with the persons listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.
Article 383 Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.
(2) Individuals who embezzle more than 50,000 yuan but less than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than five years and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property.
(3) Individuals who embezzle more than 5,000 yuan but less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual embezzles more than 5,000 yuan but less than 10,000 yuan, and repents after committing a crime and actively returns the stolen goods, the punishment may be mitigated or exempted from criminal punishment, and the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions.
(4) If the amount of personal corruption is less than 5,000 yuan, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given by the unit to which they belong or the competent authority at a higher level as appropriate.
If repeated corruption is not dealt with, it shall be punished according to the accumulated amount of corruption.
Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use and engages in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds and fails to pay it back for more than three months, is guilty of embezzlement and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and does not return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.
Article 385 Any state functionary who takes advantage of his position to extort money or property from others, or who 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 service fees in various names in economic exchanges and take them for personal possession shall be punished as accepting bribes.
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 the bribe. Whoever asks for a bribe will be given a heavier punishment.
Article 388 Any State functionary who, by taking advantage of his power or position, seeks illegitimate interests for the consignor through the acts of other State functionaries, demands or accepts the consignor's property shall be punished as accepting bribes.