Legal subjectivity:
Hello, bribery in the financial industry is based on the Criminal Law Interpretation: Article 184 Financial institution staff are punished for accepting bribes. Article 184 If staff of a bank or other financial institution solicits other people's property or illegally accepts other people's property during financial business activities to seek benefits for others, or violates state regulations by accepting kickbacks and handling fees in various names, If it is owned by an individual, he shall be convicted and punished in accordance with the provisions of Article 163 of this Law. Staff members of state-owned financial institutions and personnel assigned by state-owned financial institutions to perform official duties at non-state-owned financial institutions who commit the acts specified in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law. Explain that this article is about bribery and criminal penalties for employees of financial institutions. Divided into two categories. The first paragraph of this article is about the provisions on bribery and criminal penalties for employees of banks or other financial institutions. The term "bank" as mentioned in this article includes commercial banks and other joint venture and foreign-funded banks established within the territory of my country. The term "other financial institutions" as mentioned in this article refers to institutions other than banks that engage in financial services such as insurance, trust investment, securities, foreign exchange, futures, financing, and leasing. Bribery acceptance by financial institution staff has the following characteristics: 1. The subject is a staff member of a bank or other financial institution, and other personnel cannot be the subject of this crime. 2. The perpetrator has solicited or accepted bribes in handling financial business. The term "financial business" as mentioned in this article refers to the bank's operations of collecting deposits from the public, issuing short-term, medium-term and long-term loans, handling domestic and foreign settlements, handling bill discounts, issuing financial bonds, acting as an agent for issuance, redemption and underwriting of government bonds, and buying and selling government bonds. Bonds, engaging in inter-bank lending, buying and selling, acting as an agent for foreign exchange, providing letter of credit services and guarantees, acting as an agent for collection and payment and insurance business, providing safe deposit box services and other services, as well as insurance, trust investment, securities, foreign exchange, futures handled by other financial institutions , financing, leasing and other businesses. The term "requesting" bribes as mentioned in this article means that the perpetrator openly asks the other party for property or prompts the other party to pay a bribe in various ways. The so-called "accepting bribes" means that the perpetrator accepts property from the other party. The term "violating state regulations and accepting rebates and handling fees in various names" as mentioned in this article refers to the behavior of employees of banks or other financial institutions who violate state regulations and receive disguised bribes in the form of kickbacks or other handling fees in various names. . In recent years, some employees of banks and financial institutions have regarded their loan rights and settlement rights as privileges, openly soliciting and accepting bribes from loan applicants, and some have not issued loans according to the loan amount payable, but instead Some of them charge additional fees in addition to the loan interest rate or the handling fees stipulated by the state and keep them for personal use; some openly ask lenders and customers for houses, cars, etc. for personal use. These behaviors have seriously undermined the normal financial order, tarnished the reputation of financial institutions, and harmed the interests of the country and the people, and should be severely cracked down on. This article stipulates that any staff member of a bank or other financial institution who solicits or accepts bribes, or accepts kickbacks or handling fees in various names shall be convicted and punished in accordance with the provisions of Article 163 of this Law. For the crime of accepting bribes, if the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than five years, and may also be subject to confiscation of property. The law is objective:
Article 383 of the Criminal Law: Those who commit the crime of corruption shall be punished according to the following provisions according to the seriousness of the case: (1) If the amount of corruption is relatively large or there are other serious circumstances , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined. (2) Anyone who embezzles a huge amount or has other serious circumstances 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 have property confiscated. (3) If the amount of corruption is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated; if the amount is particularly huge and causes particularly heavy losses to the interests of the country and the people, he shall be sentenced to life imprisonment. Imprisonment or death, and confiscation of property. Article 386 Anyone who commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law based on the amount of bribery proceeds and the circumstances. Severe penalties for soliciting bribes.