Bribery-Related Crimes in Commercial Activities

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The term "kickback" is familiar to many in the business world. Some individuals pay kickbacks to gain an advantage, while others receive them in exchange for providing benefits. However, both the act of taking and offering kickbacks are illegal and can even constitute criminal offenses.

1. Non-Government Employees Taking Bribes

According to Article 163 of the Criminal Law of the People's Republic of China, if employees of a company or other entity abuse their positions to obtain property from others or accept property in return for providing benefits, or if, in the course of business activities, they abuse their positions to accept various forms of kickbacks and handling fees in violation of state regulations, the following penalties apply:

·If the amount involved is between 60,000 and 1,000,000 yuan, the offender will be prosecuted and face a sentence of fixed-term imprisonment of up to five years or criminal detention.

·If the amount exceeds 1,000,000 yuan, which is considered a "large amount," the offender will be sentenced to a fixed-term imprisonment of no less than five years, and may also be subject to confiscation of property.

2. Offering Bribes to Non-Government Employees

Article 163 of the Criminal Code also addresses the issue of giving property to employees of companies or other entities in order to obtain improper benefits, which constitutes the crime of offering a bribe. The penalties are as follows:

·If an individual offers a bribe of more than 60,000 yuan but less than 2,000,000 yuan, or if a company offers a bribe of more than 2,000,000 yuan, this is classified as a "large amount." In such cases, a prosecution will be initiated, and the offender will face a sentence of fixed-term imprisonment of up to three years or criminal detention.

·If the amount of the bribe exceeds 2,000,000 yuan, it is considered a "huge amount." In these instances, the offender will be sentenced to a fixed-term imprisonment of no less than three years and no more than ten years, and will also be fined.    

So our message today is: normal social interactions are fine, but be careful not to cross the line!