1. What is the amount of the crime of bribing non-state staff?
According to the first paragraph of Article 164 of the Criminal Law and Article 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery (Fa Shi [2016] No.9), the prosecution standard for bribery of non-state staff is "a large amount", and the starting point of "a large amount" is 60,000 yuan.
It should be noted that whether the starting point of the above amount only refers to the amount of personal behavior or includes the amount of bribes paid by the unit is not clearly defined and controversial. Because according to Article 11 of the Notice of the Supreme People's Procuratorate and the Ministry of Public Security on Printing and Distributing the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Public Security Organs' Jurisdiction over Criminal Cases (Gao Jian Fa Zi [20 1 0] No.23), in order to seek illegitimate interests, if the amount of bribes received by individuals is more than110,000 yuan, the amount of bribes received by units should be more than 200,000 yuan. The starting point of the amount of bribes paid to units here is set at more than 200,000 yuan. The above-mentioned No.9 document [20 16] does not distinguish between individuals and units, and the starting point of the amount is set at 60,000 yuan. Since the Interpretation of Law [20 16] No.9 was published on 2016, according to the general understanding that the new law is superior to the old law, unless otherwise stipulated, the starting point of the amount of bribes paid by the unit should also be 60,000 yuan, which needs special attention.
In other words: 60,000 to 2 million yuan is a large amount for the crime of accepting bribes by non-state staff; More than 2 million yuan is a huge sum. The standard for filing this crime is 60,000 yuan.
Second, the sentencing and punishment standards for non-state staff accepting bribes.
1. Bribing a large amount (more than 60,000 yuan but less than 2 million yuan) to a non-state employee shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
2. Whoever pays bribes to non-state staff in a huge amount (more than 2 million yuan) shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
3. If a unit commits the crime of bribing a non-state employee, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned Articles 1 and 2.
4. If a fine is imposed, a fine of not less than 100,000 yuan but not more than two times shall be imposed.
5. If the briber voluntarily confessed the bribery before being prosecuted, the punishment may be mitigated or exempted.
6. Other sentencing circumstances:
(1) If a briber voluntarily confesses to taking bribes before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.
According to the facts and circumstances of the crime of accepting bribes, those who may be sentenced to fixed-term imprisonment of not more than three years can be considered as "minor crimes". Under any of the following circumstances, it can be considered as "playing a key role in detecting major cases": voluntarily explaining the clues of major cases that the case-handling organ has not mastered; The criminal clues voluntarily confessed do not belong to the clues of major cases, but play an important role in the detection of major cases; Taking the initiative to confess the facts of accepting bribes plays an important role in collecting evidence in major cases; Taking the initiative to confess the facts of accepting bribes plays an important role in the pursuit of major cases.
(two) if the bribery is not handled for many times, it shall be punished according to the cumulative amount of bribes;
(3) If the briber's act of seeking illegitimate interests constitutes a crime, he shall be punished for several crimes of bribery.
(4) If a briber confesses to a crime after being prosecuted, he may be given a lighter punishment in accordance with the provisions of the third paragraph of Article 67 of the Criminal Law; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
(4) If the briber exposes other criminal acts unrelated to the briber's bribery, and it is verified through investigation, he may be given a lighter, mitigated or exempted punishment in accordance with the provisions of Article 68 of the Criminal Law on meritorious service.
(5) Generally speaking, probation and exemption from criminal punishment are not applicable to the crime of bribery under any of the following circumstances: bribing more than three people; Having received administrative punishment or criminal punishment for bribery; Bribery for the implementation of illegal and criminal activities; Causing serious harmful consequences; Other circumstances in which probation and exemption from criminal punishment are not applicable. There are circumstances stipulated in the second paragraph of Article 390 of the Criminal Law, that is, if a briber voluntarily confesses to accept bribes before being prosecuted, it is not subject to the restrictions stipulated in the preceding paragraph.
(6) In accordance with the provisions of Article 64 of the Criminal Law, recover, order restitution or return the interests of the victims of the crime of accepting bribes. It is suggested that the relevant departments should deal with other illegitimate interests, such as business qualifications, qualifications or job promotion, other than property interests.
In practice, only non-state employees can become the object of bribery by non-state employees. In other words, if the actor gives property to non-state organs, state-owned companies, enterprises, institutions and people's organizations, it does not constitute a crime. In addition, if the actor does not have a clear request for entrustment at the beginning of giving the property, but only to contact feelings or make friends, after a certain period of time, the subjective intention of seeking illegitimate interests when giving the property is not clear, which generally cannot be considered as bribery.