1. What is the sentencing standard for corruption in the new criminal law?
(1) Those whose amount is more than 30,000 yuan but less than 200,000 yuan belong to "relatively large amount", and those whose amount is more than 6,543,800 yuan but less than 30,000 yuan. Anyone suspected of any of the following circumstances shall be deemed as "other serious circumstances", put on file, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be fined:
1. corruption, disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;
2 due to corruption, bribery, misappropriation of public funds by the party and government discipline;
3. Being criminally investigated for intentional crime;
4. The illicit money is used for illegal activities;
5. Refusing to account for the whereabouts of 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.
(2) the amount is more than 200,000 yuan but less than 3 million yuan, which is "a huge amount"; If the amount is more than 654.38+10,000 yuan but less than 200,000 yuan, it belongs to "other serious circumstances" and 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.
(three) the amount is more than 3 million yuan, which is "extremely huge"; If the amount is between 6,543,800 yuan and 5,000 yuan but less than 3 million yuan, it is suspected of one of the above six situations, which belongs to "other particularly serious circumstances" and is sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, and also fined or confiscated property.
Property.
Two. Relevant provisions of criminal law provisions
Article 382 of the Criminal Law stipulates that it is a crime of corruption for a state functionary to embezzle, steal, cheat or illegally occupy public property by other means by taking advantage of his position.
Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property who embezzle, steal, defraud or otherwise illegally occupy state-owned property by taking advantage of their positions are regarded as corruption.
Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender.
Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:
(1) Whoever embezzles a huge amount or has 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) If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated.
(3) If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.
If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption.
Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, and actively returns stolen goods to avoid or reduce the occurrence of damage. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third provisions, a lighter punishment may be given.
If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.
Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.
Article 287-1 Whoever commits any of the following acts by using information networks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined:
(a) to establish websites and distribution groups that commit fraud, teach criminal methods, make or sell prohibited items, controlled items and other illegal and criminal activities;
(2) publishing information on manufacturing and selling drugs, guns, obscene articles and other prohibited articles, controlled articles or other illegal and criminal activities;
(3) publishing information for the purpose of committing illegal and criminal activities such as fraud.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 287 bis knowingly provides technical support such as Internet access, server hosting, network storage and communication transmission. , or provide advertising, payment and settlement assistance, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 183
Any employee of an insurance company who, by taking advantage of his position, deliberately fabricates an insurance accident that has never happened to make false claims and defrauds the insurance money into personal possession shall be convicted and punished in accordance with the provisions of Article 271 of this Law. State-owned insurance companies and their staff are assigned to non-state-owned insurance companies.
Civil servants who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 394 State functionaries who accept gifts in domestic official activities or foreign exchanges shall hand them in according to state regulations, and shall not hand them in. If the amount is relatively large, he shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
Article 93 "State functionaries" as mentioned in this Law refers to those who are engaged in public service in state organs.
Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as national staff.
Article 91 The term "public property" as mentioned in this Law refers to the following properties:
(1) State-owned property;
(2) Property collectively owned by the working people;
(3) Property donated by the society or with special funds for poverty alleviation and other public welfare undertakings.
Private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations shall be regarded as public property.
After reading the above article, you will know the sentencing standard of corruption in the new criminal law. Corruption is a very serious crime. The lighter 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 particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or even life imprisonment or death. Therefore, everyone still takes the new criminal law as a warning and is innocent and does not do illegal things.
What should I do if I just start investing and catch up with the rising market?