offer bribes、acquire illegal interest、state functionaries、criminal liability、 clarify abstract descriptions、strengthen the countermeasures、encourage disclosure

Subscribe to offer bribes、acquire illegal interest、state functionaries、criminal liability、 clarify abstract descriptions、strengthen the countermeasures、encourage disclosure via RSS

By King & Wood Mallesons’ Compliance Group

On December 26, 2012, the Supreme People’s Court and the Supreme People’s Procuratorate jointly released the “Interpretation on Certain Issues Concerning the Application of Law in the Handling of the Criminal Cases of Offering Bribes“(the “Interpretation”). This Interpretation comes into effect as of January 1, 2013. The Interpretation specifies how the relevant provisions of the Criminal Law pertaining to the offering of bribes are to be applied.

The crime of offering bribes refers to the crime of offering money or property in kind to a state functionary with the intent to acquire illegal enrichment or interest. According to relevant provisions in the Criminal Law, state functionaries are persons who perform public service in state bodies, state-owned companies or, enterprises, institutions or people’s organizations. Additionally, persons who are assigned by state bodies, state-owned companies, enterprises or institutions to non-state-owned companies, enterprises or institutions to perform public service, and other persons who perform public service according to the law, shall all be regarded as state functionaries.
Continue Reading Briefing Notes: “Interpretation on Certain Issues Concerning the Application of Law in the Handling of the Criminal Cases of Offering Bribes”