Supreme People's Court and Supreme People's Procuratorate, Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Receiving Bribes

最高人民法院、最高人民检察院关于办理受贿刑事案件适用法律若干问题的意见

September 02, 2007 | BY

clpstaff &clp articles &

Ten new types of bribe-taking by state personnel defined.

Clp Reference: 1100/07.07.08 Promulgated: 2007-07-08

Issued: July 8 2007

Applicability: The term "persons of specific relations" refers to persons who are close relatives or mistresses (or male lovers) of state personnel as well as other persons with common interests (Article 11).

Main Contents: The Opinion clarifies issues concerning the receipt of bribes by state personnel:

(1) receiving bribes by way of transactions, including the purchase of housing or automobiles from the entrusting party at a price that is markedly lower than the market price or the sale of housing or automobiles to the entrusting party at a price that is markedly higher than the market price;

(2) receiving shares without making any payment;

(3) receiving bribes in the name of cooperative investment such as establishing a company;

(4) receiving bribes in the name of entrusting the entrusting party with the investment of securities and futures, or other entrusted financial management;

(5) receiving bribes by means of gambling;

(6) receiving wages from a nominal position by a person of a specific relation to the entrusting party;

(7) receiving bribes through a person of a specific relation to the entrusting party;

(8) receiving bribes without change of ownership;

(9) returning or surrendering property received in order to cover up a crime; and

(10) seeking benefits for the entrusting person while in the position and receiving property after leaving office.

clp reference:1100/07.07.08promulgated:2007-07-08

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