The Supreme People’s Court and the Supreme People’s Procuratorate issued the “Several Issues of the Supreme People’s Court and the Supreme People’s Procuratorate on the Application of Laws in Handling Criminal Cases of Corruption and Bribery” explain”. It is clear that those who commit corruption or bribery of more than 10,000 yuan and certain serious circumstances should be held criminally responsible; life imprisonment will not be affected by performance in serving the sentence, and no commutation or parole will be allowed. 【600D Oxford clothCustomized】
The two top authorities issued judicial interpretations on corruption cases to clarify the standards for conviction and sentencing
Xinhua News Agency, Beijing, April 18 (Reporters Luo Sha and Chen Fei) The Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the “Interpretations 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” on the 18th, clarifying the conviction and sentencing of corruption and bribery crimes. Standards and applicable principles for the death penalty, suspended death penalty and life imprisonment for corruption and bribery crimes, emphasizing the strict punishment of corruption and bribery crimes in accordance with the law.
It is understood that the entire judicial interpretation reflects the spirit of severely punishing corruption in accordance with the law. The first is to tighten the criminal law network. In response to the new situations and new characteristics of corruption and bribery crimes, we will make expansionary interpretations of the elements of the crime, strengthen the pertinence of the application of the law, and strictly investigate corruption and bribery crimes. The second is to strictly apply penalties, comprehensively consider various factors to determine the standards for conviction and sentencing of different job-related crimes, and coordinate the control of standards for crimes and non-crimes, minor crimes and serious crimes. 【210D Oxford clothCustomized】
2015 11 The Criminal Law Amendment (Ninth), which was implemented in September, canceled the amount standards for conviction and sentencing of corruption and bribery crimes, and replaced them with “larger amount”, “huge amount”, “especially huge amount”, and “more serious circumstances” “Serious circumstances” and “especially serious circumstances”. In this regard, the Supreme People’s Court and the Supreme People’s Procuratorate, in accordance with the authorization of the Standing Committee of the National People’s Congress, fully demonstrated the changes in economic and social development and the actual situation of the case, and at the same time considered the anti-corruption policy requirements of “putting discipline at the forefront”, through judicial interpretation The standards for conviction and sentencing of the two crimes are stipulated, and the general standard for “large amounts” for the two crimes is adjusted from 5,000 yuan set in the 1997 Criminal Law to 30,000 yuan, and the general standard for “huge amounts” is set at more than 200,000 yuan. If the amount is less than 3 million yuan, the general standard for “especially huge amount” is set at more than 3 million yuan. The judicial interpretation also stipulates that those who embezzle or accept bribes of more than 10,000 yuan but less than 30,000 yuan, and there are specific circumstances, shall also be investigated for criminal responsibility; if the amount is less than “huge amount” or “especially huge amount”, but reaches half the starting point, and there are specific circumstances It should also be deemed as a “serious circumstance” or a “particularly serious circumstance” and be severely punished in accordance with the law.
In terms of the application of the death penalty, the judicial interpretation clearly stipulates that the death penalty is immediately applicable to crimes with extremely large amounts and special circumstances. Corruption and bribery criminals who are serious, have particularly bad social impact, and cause particularly heavy losses. For those who meet the conditions for immediate execution of the death penalty but also have legal leniency and other punishment circumstances, which do not require immediate execution, the death penalty may be suspended for two years. 【300D Oxford clothCustomized】
For “Criminal Law” Amendment (9) newly adds the provision that the death sentence for corruption and bribery crimes be commuted to life imprisonment followed by life imprisonment. This judicial interpretation clarifies the circumstances in which life imprisonment is applicable, that is, the death penalty is too severe to be executed immediately, and the general suspended death penalty is too harsh. Minor serious corruption and bribery offenders may be sentenced to life imprisonment. At the same time, if a life sentence is decided, the decision on life imprisonment should be made at the same time as the first and second instance of making a suspended death sentence, and cannot wait until…The expiration of the suspended execution period will depend on the circumstances. Once a life sentence is imposed, it shall be executed unconditionally, and no commutation or parole shall be allowed.
In order to severely punish the crime of bribery in accordance with the law, the judicial interpretation expanded the property used in the crime of bribery from currency and items to Monetary settlement of property benefits, such as house decoration, debt relief, membership services, travel, etc. An expanded interpretation is given to the definition of “seeking benefits for others” in the criminal law, which stipulates that if a state employee accepts property and property without accepting the request in advance, but may affect the exercise of his/her power, he shall be deemed to have committed to seek benefits for others. The Judicial Interpretation also clearly stipulates the crime of corruption and bribery committed by “people close to” state functionaries, and stipulates that if the proceeds of corruption or bribery are used for official duties or social donations, it will not affect the determination of the crime. The judicial interpretation also stipulates that if a state employee commits a crime of accepting bribes and abuses his power to harm the interests of the people of the country, he shall be punished for several crimes unless otherwise provided in the criminal law.
The judicial interpretation further expands the economic penalties for corruption crimes, and stipulates that the crime of corruption and bribery is much heavier than other The standard of fines and penalties for crimes has been strengthened, and the recovery of stolen money and stolen goods has been strengthened. All property illegally obtained by corruption and bribery criminals will be pursued to the end without a time limit and will never be cleared.
This judicial interpretation will come into effect on the date of promulgation.
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