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Disposal measures on bribery practiced by foreign company and individual to Chinese unit or individual

Updated: Mar 21,2018 english.legalinfo.gov.cn Print

Three criminals expounds on these practices in Criminal Law(1)

1) Bribery: For the purpose of securing illegitimate benefits, gives money or property to a State functionary shall be guilty of offering bribes. Whoever, in economic activities, violates State regulations by giving a relatively large amount of money or property to a State functionary or by giving him rebates or service charges of various descriptions shall be regarded as guilty of offering bribes and punished for it. Any person who offers money or property to a State functionary through extortion but gains no illegitimate benefits shall not be regarded as offering bribes. Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; whoever offers bribes to secure illegitimate benefits, if the circumstances are serious or if heavy losses are caused to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and may also be sentenced to confiscation of property. Any briber who, before he is investigated for criminal responsibility, voluntarily confesses his act of offering bribes may be given a mitigated punishment or exempted from punishment.

2) Bribery to non-State functionary: Whoever, for the purpose of securing illegitimate benefits, gives money or property to a State-owned Company, enterprise, institution or people's organization or, in economic activities, violates State regulations by giving rebates or service charges of various descriptions shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

3) Bribery to work unit: for the purpose of securing illegitimate benefits, gives money or property to a State functionary shall be guilty of offering bribes. Whoever, in economic activities, violates State regulations by giving a relatively large amount of money or property to a State functionary or by giving him rebates or service charges of various descriptions shall be regarded as guilty of offering bribes and punished for it. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the preceding paragraph. Any person who introduces a bribe but voluntarily confesses the act before he is investigated for criminal responsibility may be given a mitigated punishment or exempted from punishment.


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