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Guiding Case No. 3: People v. Pan Yumei and Chen Ning (case concerning taking bribes)

People v. Pan Yumei and Chen Ning
(on charges of taking bribes)@#
(Issued upon deliberation and adoption by the Judicial Committee of the Supreme People's Court on December 20, 2011)@#
criminal; crime of taking bribes; taking bribes by “jointly running” a company; taking bribes by purchasing real estate at a low price; promise to seek benefits; calculation of the amount of bribes; returning bribes to cover up crime@#
's Key Points@#
1. Where a state official takes advantage of his or her position to seek benefits for any other person and obtains “profits” in the name of “jointly running” a company with such other person but does not actually make any contribution to or participate in the business operations of the company, such a state official should be punished for taking bribes.@#
2. Where a state official accepts any property from any other person, knowing that such other person intends to seek benefits through him or her, it shall be deemed a promise to “seek benefits for others.” Whether the state official has actually sought or acquired any benefit for such other person does not affect the determination of the crime of taking bribes.@#


潘玉梅、陈宁受贿案 @#
(最高人民法院审判委员会讨论通过 2011年12月20日发布)
刑事 受贿罪 “合办”公司受贿@#
低价购房受贿 承诺谋利 受贿数额计算 掩饰受贿退赃 @#
相关法条 @#

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