Case Assessment Of Defendant Lee Suspected Of Taking Bribes

Bribery is an important form of corruption, is in a prominent position for Crimescommitted in the national staff and China’s criminal law has been the focus of combatit. So the state has in criminal law and relevant judicial interpretations of criminalidentification and punishment of bribery made detailed legal provisions. But sinceenactment of China lags behind the reality characteristics of bribery and uncertaintyrelated crimes law terms, caused concern and controversy in the judicial practicetheorists and practitioners. For example, people use their position to benefit, inaccepting other people’s property to benefit other people, then turn back the propertythey received before the incident, if it is still constituted bribery acts? If the act ofpeople accepting others property during the Chinese Lunar New Year or holidays isbribery or a normal human contact? People during the discipline inspection organs"double regulation" period, truthfully account for their crimes to the authorities, if theact is quasi-surrender?For the three contentious issues and according to the criminal law and relevantjudicial interpretations, If people has no subjective intent of taking bribes, whenaccepting others property, Promptly returned or turned over, Does not constitute thecrime of bribery. If people is Subjective intent of taking bribes, then because ofBribery itself or its associated persons, things have been punished and refund to coverup crimes or turned over, it should be To bribery conviction punished.About the question of act of people accepting others property during the ChineseLunar New Year or holidays is bribery or a normal human contact? It should bedefined by if benefit of the position, if Reap the benefits for others and the amount ofReceived property to Determine their behavior is bribery or normal human contact.If people accounted the available truth with Authorities handled the case, it is notquasi-surrender; if people accounted the unavailable truth with Authorities handledthe case, it is quasi-surrender.