The Amendment to the Criminal Law (Twelve) will officially come into effect on March 1st, giving full play to the procuratorial function and increasing the punishment for bribery crimes

2024-03-01

On March 1st, Amendment 12 to the Criminal Law was officially implemented. How can the procuratorial organs grasp the legislative spirit, increase the crackdown on bribery crimes, and strengthen the protection of property rights of private enterprises and the legitimate rights and interests of entrepreneurs? The reporter interviewed Gao Jingfeng, director of the Legal Policy Research Office of the Supreme People's Procuratorate. Gao Jingfeng stated that bribery is a joint crime, and bribery is an important inducement for bribery. The trend of "hunting around" and corruption continues, making it difficult to effectively curb the increase of corruption. In recent years, in the process of punishing bribery crimes, the procuratorial organs have found that bribery crimes mainly exhibit characteristics such as an increase in bribery amounts, frequent occurrence of bribery crimes in key areas, and an increase in unit bribery crimes. The 12th Amendment to the Criminal Law further improves the provisions on bribery crimes and increases the punishment for bribery behavior. Gao Jingfeng believes that this will help solve the difficulties in handling bribery cases: firstly, the penalty structure of bribery has been optimized and adjusted, making the penalties for bribery and acceptance more balanced. Secondly, the strict punishment of several types of serious bribery behaviors will be legally justified. The Amendment (12) to the Criminal Law stipulates seven types of bribery that require special punishment, including multiple instances of bribery or bribery to multiple individuals, bribery in national key projects or major projects, bribery for the purpose of obtaining positions, promotion, or adjustment. Thirdly, it is conducive to solving the problem of the significant difference in legal penalties between unit bribery and individual bribery. In response to the issue of some bribe givers bribing in the name of their units, evading punishment, or seeking lighter punishment in practice, the Amendment (12) to the Criminal Law has adjusted the punishment range for the crime of unit bribery from one level to two levels, and the maximum statutory punishment has been adjusted from imprisonment of less than five years to imprisonment of less than ten years, changing the previous phenomenon of insufficient punishment for unit bribery crimes. In the past judicial practice, some law enforcement personnel have a tendency to "take bribes seriously and take bribes lightly" in investigating and handling cases. How can the procuratorial organs strengthen their crackdown on bribery crimes after the implementation of Amendment 12 to the Criminal Law? Gao Jingfeng stated that after the implementation of the Amendment (12) to the Criminal Law, the procuratorial organs will combine the implementation of the Guiding Opinions on Strengthening the Handling of Bribery Cases issued by the Supreme People's Procuratorate to strengthen the crackdown on bribery crimes. Firstly, they will improve their political stance and update their legal concepts. Deeply understanding the significant political significance of the decision and deployment of "joint investigation of bribery and bribery", fully realizing that the bribery of party members and cadres is still an important reason for the current increase in corruption, resolutely abandoning the misconception of "heavy bribery and light bribery", with a firm determination and practical measures to "curb the source" and "cut off the flow", and accurately and effectively punishing bribery crimes in accordance with the law. Secondly, strictly implement the legal responsibility of cooperation and restraint, and form a collaborative work force. Strengthen the examination of bribery behavior in bribery cases, timely transfer clues of bribery crimes to supervisory organs in accordance with the law, and track and handle them to ensure that legal investigations are carried out. Focusing on examining issues such as lenient or uneven sentencing in bribery cases, we will comprehensively use methods such as synchronous review of judgments, protest, correction of violations, and prosecutorial suggestions to conduct trial supervision in accordance with the law. Thirdly, increase efforts to recover and correct improper benefits obtained from bribery. For the improper property benefits obtained from bribery crimes, they shall be strictly recovered and ordered in accordance with the provisions of Article 64 of the Criminal Law

Edit:Jia jia    Responsible editor:Yi Yi

Source:jcrb.com

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