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Notice of the Supreme People's Court and the Supreme People's Procuratorate on Issuing the Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes [Effective]
最高人民法院、最高人民检察院关于印发《关于办理受贿刑事案件适用法律若干问题的意见》的通知 [现行有效]
【法宝引证码】

 
Notice of the Supreme People's Court and the Supreme People's Procuratorate on Issuing the Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes 

最高人民法院、最高人民检察院关于印发《关于办理受贿刑事案件适用法律若干问题的意见》的通知


(No. 22 [2007] of the Supreme People's Court)
 
(法发〔2007〕22号)


The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, the court-martials and Military Procuratorates of the People's Liberation Army, and the Production and Construction Corps Court and the Production and Construction Corps People's Procuratorate of the Higher People's Court of Xinjiang Uigur Autonomous Region:
 
各省、自治区、直辖市高级人民法院、人民检察院,解放军军事法院、军事检察院,新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团人民检察院:

The Opinions on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes are now available in print and hereby issued to you for due implementation and compliance.
 
现将《最高人民法院、最高人民检察院关于办理受贿刑事案件适用法律若干问题的意见》印发给你们,请认真贯彻执行。

July 8, 2007
 
二○○七年七月八日

Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Issues concerning the Application of Law in the Handling of Criminal Cases Involving the Acceptance of Bribes
 
最高人民法院、最高人民检察院关于办理受贿刑事案件适用法律若干问题的意见

In order to legally punish crimes of acceptance of bribe, in accordance with the relevant provisions of the Criminal Law, the following opinions are hereby put forward on some issues concerning the specific application of law in the handling of criminal cases involving the acceptance of bribes:
 
为依法惩治受贿犯罪活动,根据刑法有关规定,现就办理受贿刑事案件具体适用法律若干问题,提出以下意见:

 
I. Acceptance of bribes in the form of transactions   一、关于以交易形式收受贿赂问题

A state functionary who accepts an item from a person in any of the following forms of transaction in order to secure benefits for such a person by making use of his or her official status shall be punished for the of acceptance of bribes:
 
国家工作人员利用职务上的便利为请托人谋取利益,以下列交易形式收受请托人财物的,以受贿论处:

(a) Purchasing any house, automobile or any other item from such a person at a price that is obviously lower than the market price;
 
(1)以明显低于市场的价格向请托人购买房屋、汽车等物品的;

(b) Selling housing, automobile or any other item to such a person at a price that is obviously higher than the market price; and
 
(2)以明显高于市场的价格向请托人出售房屋、汽车等物品的;

(c) Accepting illegally an item from a person in any other form of transaction.
 
(3)以其他交易形式非法收受请托人财物的。

The amount of bribe shall be calculated as per the difference between the local market price and the actual paid price at the time of transaction.
 
受贿数额按照交易时当地市场价格与实际支付价格的差额计算。

The market price as mentioned in the preceding paragraph shall include the minimum preferential price that is made in advance by a commodity dealer and is not intended for a particular person. The purchase of commodity at a preferential price according to the various preferential conditions set forth in advance by a commodity dealer shall not constitute the acceptance of a bribe.
 
前款所列市场价格包括商品经营者事先设定的不针对特定人的最低优惠价格。根据商品经营者事先设定的各种优惠交易条件,以优惠价格购买商品的,不属于受贿。

 
II. Acceptance of free shares   二、关于收受干股问题

The free shares shall refer to the shares obtained without making contribution. A state functionary who accepts free shares offered by a person in order to secure the benefit of such a person by making use of his or her official status shall be punished for the acceptance of bribes. Where share transfer registration has been made, or the relevant evidence proves that the share has been actually transferred, the amount of bribe shall be calculated as per the value of shares at the time of transfer, and any dividend received shall be handled as the fruit from the bribe. Where the shares have not been actually transferred, and the benefit is received in the name of dividend, the amount of benefit actually obtained shall be deemed as the amount of bribe.
 
干股是指未出资而获得的股份。国家工作人员利用职务上的便利为请托人谋取利益,收受请托人提供的干股的,以受贿论处。进行了股权转让登记,或者相关证据证明股份发生了实际转让的,受贿数额按转让行为时股份价值计算,所分红利按受贿孳息处理。股份未实际转让,以股份分红名义获取利益的,实际获利数额应当认定为受贿数额。

 
III. Acceptance of bribes in the name of running a company or any other venture business   三、关于以开办公司等合作投资名义收受贿赂问题

A state functionary who “jointly” runs a company with his due contribution being made by a person or makes any other ”joint” investment in order to secure the benefit of such a person by making use of his or her official status shall be punished for the acceptance of bribes. The amount of bribes shall be the amount of contribution made by such a person for the state functionary.
......
 
国家工作人员利用职务上的便利为请托人谋取利益,由请托人出资,“合作”开办公司或者进行其他“合作”投资的,以受贿论处。受贿数额为请托人给国家工作人员的出资额。
......

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