Simone最高人民法院、最高人民检察院关于办理商业贿赂刑事案件适用法律若干问题的意见
的有关信息介绍如下：
First, commercial bribery crimes relating to criminal law provisions of the following eight offenses: (1) non-national staff of taking bribes (Penal Code Article 163rd); (2) of non-national staff bribery (Penal 160th 14); (3) taking bribes (385th Criminal Law Article); (4) units of taking bribes (387th Criminal Law Article); (5) bribery (Criminal Code Article 389th); (6) units bribery (Criminal Code Article 391st); (7) introduction bribery (Criminal Code Article 392nd); (8) units of the crime of bribery (Criminal Code Article 393rd). Second, criminal law, the 163rd, the 164th article of the "Other units", including both public institutions, social organizations, village committees, neighborhood committees, village groups, the permanent organization, but also for the organization of Sport events, theatrical performances, or other legitimate activities of the organizing committee set up by the Preparatory Committee, project contracting teams, and so on non-permanent organization. Three, the Penal Code Article 163rd, 164th Article "companies, enterprises or other units of staff", including the state-owned companies, enterprises and other state-owned units in the non-national staff. Fourth, medical institutions in the country staff, in pharmaceuticals, medical equipment, medical hygiene material procurement activities, such as pharmaceutical products, the advantage of his position to facilitate the seller to obtain property, or sale of illegal bookmaking side property for the seller to reap benefits, constitute a crime, in accordance with the provisions of Article 385th Penal Code in order to be convicted and punished for taking bribes. Medical institutions in the non-national staff, has the above behaviors, the larger the amount, in accordance with the provisions of Article 163rd Criminal Law to non-national staff be convicted and punished for taking bribes. Medical institutions of the medical staff, use of prescription functions facilitate a variety of on behalf of illegal drugs, medical equipment, hygiene materials, such as medical sales side effects of pharmaceutical products for pharmaceutical product sales to reap benefits, the larger the amount, in accordance with the Penal Code Article 163rd to non-national staff be convicted and punished for taking bribes. Friday, schools and other educational institutions in the country staff in the teaching materials, teaching aids, school uniforms or other items of procurement activities, took advantage of his position on the convenience of the seller to obtain property, or sale of illegal bookmaking side property for the seller to seek benefits, which constitute a crime, in accordance with the provisions of Article 385th Penal Code in order to be convicted and punished for taking bribes. Schools and other educational institutions of non-national staff, has the above behaviors, the larger the amount, in accordance with the provisions of Article 163rd Criminal Law to non-national staff be convicted and punished for taking bribes. Schools and other educational institutions of the teachers, the use of teaching and learning activities to facilitate their duties in a variety of the name of illegal materials, teaching aids, school uniforms or other items the seller of property, for the teaching materials, teaching aids, school uniforms or other items the seller to reap benefits, the amount of more large, in accordance with the provisions of Article 163rd Criminal Law to non-national staff convicted of taking bribes Sixth, the formation of the Evaluation Committee in accordance with the law, competitive negotiation procurement negotiating team, procurement Inquiry Inquiry Panel members, in the tender, government procurement matters such as the evaluation or procurement activities, to obtain property or illegal bookmaking property of others, to seek benefits for others, a larger amount, in accordance with the provisions of Article 163rd Criminal Law to non-national staff be convicted and punished for taking bribes. The formation of the Evaluation Committee in accordance with the law, competitive negotiation procurement negotiating team, procurement Inquiry Inquiry group of state organs or other representatives of state-owned units have the preceding acts, in accordance with the provisions of the Criminal Law Article 385th to bribery convicted and punished crimes. Seven, commercial bribery in the property, including both financial and in-kind, but also can calculate the amount of money the property of interest, such as the provision of housing decoration, containing the amount of membership cards, token cards (vouchers), travel expenses. Specific amounts to the actual payment of the fee shall prevail. Eight, accepting bank cards, regardless of whether the person taking out or the actual consumption, the card should generally be the amount of deposits in full amount as bribes. The use of bank card overdrafts, if the party to give their bank cards to assume repayment responsibility, overdraft amount should also be identified as the amount of bribes. 9, in the bribery crime, "to seek improper benefits" refers to person to seek bribes in violation of laws, regulations, rules or policy interests, or to ask the other party in violation of laws, regulations, rules, policies, and industry norms to provide help or convenient conditions. In the bidding process, government procurement and other commercial activities contrary to the principle of equity, property given to relevant personnel to obtain a competitive advantage, belonging to "seek improper benefits." Ten, for commercial bribery cases, it is necessary to pay attention to the distinction between bribery and gift boundaries. Mainly the following factors should be combined with a comprehensive analysis, integrated to determine: (1) occurred in the context of property transactions, such as the existence of both friends and family relations and the history of the circumstances and extent of contacts; (2) between the value of property; (3) the causes of property transactions , the timing and approach to the provision of property to the recipient whether or not his position to please care; (4) whether the recipient the convenience advantage of his position to seek benefits for the provider. Eleven, non-national staff and national staff Qualcomm seeking, accepting a common property, constitutes a common crime, according to the two sides took advantage of his position to facilitate the specific circumstances of the convicted were held criminally responsible: (1) the use of national staff positions to facilitate means to make profits for others to be held criminally responsible for taking bribes. (2) the use of non-national staff positions to facilitate means to make profits for others to non-national staff held criminally responsible for taking bribes. (3), respectively, to facilitate the use of their respective duties for others to reap the benefits, in accordance with the nature of the main culprits of the crime be prosecuted for criminal responsibility, should not distinguish between the main accomplice can be held criminally responsible for taking bribes.
