Supreme People's Court and Supreme People's Procuratorate, Interpretation on Several Issues Concerning the Application of the Law in the Handling of Criminal Embezzlement and Bribery Cases

In any of the following circumstances, a finding of “seeking benefits for another” shall be rendered, and if a criminal offense is constituted, a finding of guilty shall be rendered and penalties imposed in accordance with the provisions of the Criminal Law on the crime of accepting bribes:

(1) actually seeking benefits for another or committing to do so;

(2) knowing that another has a specific request; or

(3) not having received a request when performing one's duty but accepting property from another after the event based on the performance of said duty.

Where a member of the working personnel of the state solicits or accepts property with a value of at least Rmb30,000 from a subordinate where there is a relationship between higher and lower ranking or from a person subject to administration where an administrative relationship exists and the same could affect the exercise of his/her functions and powers, the same shall be deemed a commitment to seek benefits for another (Article 13).

Related legislation: Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Commercial Bribery

clp reference:1430/16.04.18 promulgated:2016-04-18 effective:2016-04-18

Promulgated: April 18 2016

Effective: as of date of promulgation

Main contents: The Interpretation specifies where the amount embezzled or the amount of the bribe received is at least Rmb10,000 and the circumstances thereof are relatively serious, for example, the embezzlement of disaster relief, poverty support, resident relocation assistance, government benefits, epidemic prevention funds, public donations or other such specific amounts, or the solicitation of bribes on multiple occasions, a sentence of up to three years of imprisonment, or penal servitude, and a fine will be imposed in accordance with the law (Article 1).

The term “property” in the crime of bribery includes money, articles and property-type benefits. Property-type benefits include material benefits that can be translated into money, such as renovation of premises and debt forgiveness as well as other benefits that require the payment of money, such as membership services and leisure trips. The criminal amount of the latter shall be calculated based on the actual amount paid or the amount payable (Article 12).

In any of the following circumstances, a finding of “seeking benefits for another” shall be rendered, and if a criminal offense is constituted, a finding of guilty shall be rendered and penalties imposed in accordance with the provisions of the Criminal Law on the crime of accepting bribes:

(1) actually seeking benefits for another or committing to do so;

(2) knowing that another has a specific request; or

(3) not having received a request when performing one's duty but accepting property from another after the event based on the performance of said duty.

Where a member of the working personnel of the state solicits or accepts property with a value of at least Rmb30,000 from a subordinate where there is a relationship between higher and lower ranking or from a person subject to administration where an administrative relationship exists and the same could affect the exercise of his/her functions and powers, the same shall be deemed a commitment to seek benefits for another (Article 13).

Related legislation: Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Commercial Bribery

clp reference:1430/16.04.18 promulgated:2016-04-18 effective:2016-04-18