Study On The Case Of Interception Of Bribe Funds In The Introduction Of Bribery

The act of intercepting bribery refers to the act of secretly intercepting bribes in the process of introducing bribes.Because the criminal law does not have a clear provisions for conviction and sentencing,so the handling of this act is controversial in judicial practice and criminal law theory.From Mr Gao crime of introducing the bribery case,Mr Liu and Mr Wang crime of introducing the bribery case,and the crime of introducing the bribery case by Mr Zhou,there are three main points of dispute in such cases.That is,whether the act of intercepting bribery can be used as a plot to the crime of introducing the bribery case,whether the act of intercepting bribery can be criminalized independently and what crime should be convict for the act of intercepting bribery.Through the analysis of the different viewpoints and sample cases of these three disputes,it can be seen that the act of introducing bribery and the introducing crime are quite different in terms of whether it has the purpose of illegally seeking profit or not,and in the way of profit-making and so on.Therefore,it can not be dealt with as the circumstances of introducing bribe crime.As the introduction of bribe intercepting bribe money is entrusted for illegal reasons,it is different from the infringement of legal interests of the introducing crime.And it violates the trust relationship between the bribe-payer and the introducing bribe and and the ownership of the bribe money by the bribe-payer,and the bribe-taker has the purpose of illegal possession,so it can not be included in the introduction of bribery crime to be evaluated.In the three sample cases,the defendant’s behavior of intercepting bribery money should be convicted separately,but it can’t be convicted of larceny,because the bribe-taker’s intercepting the bribe money is based on the bribe’s voluntary delivery income,not illegally obtained.The act shall be a crime of fraud,if the introduction of bribes defrauds the briber money of more than the actual payment of bribes for the purpose of illegal possession in advance to be withheld;If the purpose of illegal possession of the introduction of bribes is only after receiving the bribe money voluntarily delivered by the briber,it belongs to turning entrusted possession into illegal possession,and it infringes the trust relationship between bribe and bribe payer,and it should be convicted of embezzlement.Therefore,in the three sample cases,Mr Liu and Mr Wang crime of introducing the bribery case,and the crime of introducing the bribery case by Mr Zhou,should be convicted of embezzlement,and combined punishment for introducing crime.The interception of bribery in Gao’s introduction bribery case should be convicted of fraud and punished in conjunction with the introduction of bribery.