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

最高人民法院、最高人民检察院关于办理贪污贿赂刑事案件适用法律若干问题的解释

May 19, 2016 | BY

Susan Mok &clp articles

Criminal liability for bribe offering and acceptance emphasized.

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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