Cases Study On The Nature Of Bribery Interception In The Course Of Transferring Bribe

The act of the interception of property during the transfer of a bribe refers to the act of the perpetrator being entrusted by the briber to act as an intermediary to deliver the property used for the bribe to the designated bribe target instead.In this process,the perpetrator retains part of the property and takes private possession of it,actually transferring only the remaining amount.The difference in the nature of the act of retention will make a difference in the conviction and sentence of the perpetrator,and it is significant to characterize the act accurately.By sorting out the current situation of judicial practice in cases involving the interception of property by intermediaries,it can be found that the current cases are mainly related to the crime of bribery and the crime of introduction of bribery,there are different opinions on whether the act of interception of property needs to be evaluated separately,there are differences in the determination of the nature of the intercepted property,and the situation of different judgments in the same case is more prominent.Therefore,it is necessary to conduct a study on the nature of the act.From Mr.Zhang crime of bribery and acceptance of bribes,Mr.Gao crime of fraud and introduction of bribes,Mr.Hu crime of bribery and Mr.Fei crime of introduction of bribes,there are three main points of contentionFirst,whether the intermediary’s receipt of the bribe-taking property is an act of bribery.In this case,there is a view that once the intermediary receives the deliverables from the bribe-giver,it is the implementation of the act of accepting bribe property;another view is that it needs to be considered in conjunction with the purpose of the deliverables from the bribe-giver.By identifying the legal interests protected by the crime of bribery,it can be concluded that the object of the bribe should be the consideration of its power act,so it needs to be analyzed whether the delivery of the bribe offerer is a corresponding payment to the intermediary.Introducing the theory of wrong cause entrustment for analysis,the bribe-giver only entrusts the transfer and not the final payment,and the intermediary’s receipt is not a bribe and does not constitute the crime of bribery.Second,whether the act of interception should be evaluated inclusively.Since the intermediary performs both the act of interception and the act of transferring property,some argue that the act of interception is the act of the perpetrator deriving benefit from the introduction of bribery,while other argue that the act of interception exists independently.By clarifying the criminal composition of the bribery introduction crime,the act of retention by the intermediary is compared with the constituent elements one by one.The act of retention committed by the intermediary is not the act of obtaining benefit from the introduction of bribery,and the act of retention is beyond the scope of the crime of introduction of bribery and should be evaluated separately.Finally,whether the act of retention is a crime against property.Some argue that because the property intercepted by the intermediary is owned by the briber,the act of interception constitutes the corresponding crime of property infringement;other argue that the intercepted bribe should be confiscated and the briber loses the property right to the object,so the interception does not constitute the crime of property infringement.However,whether it constitutes a crime against property should be judged from the act itself whether it violates the corresponding legal interests,rather than through the specific nature of the intercepted property to prove whether the principal retains the corresponding property rights to the intercepted property.To clarify the protection legal interest of the crime of infringement of property,we can know that the wrongful cause entrusted property is the property in criminal law,and the act of interception is the act of crime of infringement of property.Further analysis of the key factors for the conviction of fraud and embezzlement,and finally conclude that the act of interception should constitute the crime of fraud or embezzlement according to the different time points of illegal possession.