Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined:
(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;
(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;
(3) Being criminally investigated for intentional crimes;
(four) the stolen money is used for illegal activities;
(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;
(6) Causing adverse effects or other serious consequences.
If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:
(a) repeatedly asking for bribes;
(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;
(3) seeking job promotion or adjustment for others.
According to Article 2 of the Interpretation 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, if the amount of corruption and bribery is more than 200,000 yuan but less than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.
If the amount of corruption is more than 100,000 yuan but less than 200,000 yuan, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.
If the amount of bribes is more than 100,000 yuan but less than 200,000 yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined or confiscated.
Article 3 Whoever embezzles or accepts bribes in an amount of more than 3 million yuan shall be deemed as "extremely huge" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated of property.
If the amount of corruption is more than 1.5 million yuan but less than 3 million yuan, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
If the amount of bribes is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances stipulated in the third paragraph of Article 1 of this Interpretation is involved, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
Article 4 If the amount of corruption and bribery is especially huge, the circumstances of the crime are particularly serious, and the social impact is particularly bad, causing particularly heavy losses to the interests of the state and the people, the death penalty may be imposed.
In accordance with the provisions of the preceding paragraph, but have surrendered, rendered meritorious service, truthfully confessed their crimes, sincerely repented, actively returned stolen goods, or avoided or reduced the occurrence of damage results. If immediate execution is not required, the death penalty may be suspended for two years.
Those who meet the requirements of the first paragraph may be sentenced to death with a two-year suspension of execution according to the circumstances of the crime. After the expiration of the two-year suspension of execution, the referee shall be sentenced to life imprisonment without commutation or parole.
Extended data:
Article 17 Where a state functionary takes advantage of his position to accept property from others and seek benefits for others, and at the same time constitutes the crime of accepting bribes and dereliction of duty as stipulated in Chapter III, Section III and Chapter IX of the Specific Provisions of the Criminal Law, unless otherwise stipulated in the Criminal Law, he shall be punished with several crimes of accepting bribes and dereliction of duty.
Article 18 All property illegally obtained by criminals of corruption and bribery shall be recovered or ordered to make restitution in accordance with the provisions of Article 64 of the Criminal Law, and the lawful property of the victim shall be returned in time. For the illegal income that has not been recovered or has not been fully repaid, it shall continue to be recovered or ordered to make restitution.
Article 19 Whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention for corruption and bribery shall also be fined not less than 100,000 yuan but not more than 500,000 yuan; Be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be fined not less than 200,000 yuan but not more than two times, or have property confiscated; Whoever is sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment shall also be fined not less than 500,000 yuan but not more than two times, or his property shall be confiscated.
Other crimes of corruption and bribery stipulated in the Criminal Law, with a fine, shall be fined not less than 100,000 yuan but not more than two times.
References:
China Supreme Court Network-Interpretation of Several Issues Concerning the Applicable Law in Handling Criminal Cases of Corruption and Bribery