[Keywords] Criminal / Bribery Crime / Exemption from Criminal Punishment

【Key Points of the Ruling】

1. State functionaries who, taking advantage of their official positions, illegally accept property from others and seek benefits for those others commit the crime of bribery.

2. If the defendant voluntarily turns himself in after committing the crime, truthfully confesses the facts of the crime, and demonstrates the circumstances of self-surrender, and upon surrendering sincerely repents of his crime and actively returns all illicit gains and property, the defendant may be deemed to have committed a minor offense.

[Basic Facts of the Case]

The People's Procuratorate of a certain district filed a public prosecution against [defendant] under Case No. [Prosecution Number] ( × ) × The indictment charges the defendant, Huang Moumou, with the crime of accepting bribes, and... × Year × Moon × The case was filed with this court. In accordance with the law, this court applied the ordinary procedure, formed a collegial panel, and conducted a public trial. Prosecutor from the People's Procuratorate of [certain] District... ×× The defendant, Huang Moumou, and his defense counsel appeared in court to participate in the proceedings. The trial has now concluded.

The prosecution alleges:

× Year × Month to × Year × During the month in question, the defendant Huang Moumou held a certain position at a certain unit and was responsible for work related to a certain area. During this period, he took advantage of his official position to accept RMB from Zhang Moumou, who was associated with a certain party. × Yuan; RMB given by Li Moujia, manager of a certain company in a certain party. × The ornament given by Li Mouyi, the person in charge of a certain limited liability company. × One, valued at RMB ×× Yuan.

201 × Year × Moon × On that day, the defendant Huang Moumou turned himself in to the Anti-Corruption and Bribery Bureau of the Procuratorate.

In response to the above allegations, the prosecution presented the following evidence to the court: the source of the case, materials related to self-surrender, and personnel records. ×××× Contract, ××× Books and other documentary evidence; testimonies of witnesses Zhang Moumou, Li Moujia, Li Mouyi, and others; the statements and defenses made by the defendant Huang Moumou, and other relevant evidentiary materials.

The prosecution believes that the defendant, Huang Moumou, as a state functionary, took advantage of his official position to illegally accept property from others and seek benefits for them. His conduct violates the provisions of Article 385 of the Criminal Law of the People’s Republic of China. The facts of the crime are clear, and the evidence is solid and sufficient; therefore, he should be held criminally responsible for the crime of bribery. Given that the defendant, Huang Moumou, voluntarily turned himself in, in accordance with the provisions of Article 67 of the Criminal Law of the People’s Republic of China, he may be given a lighter punishment.

The defendant, Huang Moumou, did not object to the charges brought by the prosecution alleging that he had committed the crime of bribery. However, he argued that the indictment’s allegation regarding the receipt of RMB... × Yuan and ×× The decorative item has exceeded the statute of limitations; please have the court take this into consideration.

The defense counsel argued that the defendant, Huang Moumou, is a first-time offender who did not solicit bribes and thus exhibits minimal subjective malice. After committing the crime, the defendant voluntarily went to the investigating authority and truthfully confessed to the facts of the crime, demonstrating the circumstances of self-surrender. Upon being apprehended, the defendant showed a sincere attitude of remorse and actively returned the illicit gains and property. Therefore, given the minor nature of the defendant’s criminal conduct, the absence of any loss to the state, and the fact that the defendant has already surrendered himself, the defense requests that the defendant be exempted from criminal punishment.

Upon trial and investigation, it was found that:

× Year × Moon to × Year × During the month in question, the defendant, Huang Moumou, in his capacity as a certain official at a certain unit, took advantage of his position—specifically, his responsibilities for coordinating work related to certain matters—to accept property given to him by others on three separate occasions. The specific facts of the crime are as follows:

× Year × In the month of [month], [Company Name] Co., Ltd. undertook the construction of [Project Name]. The defendant, Huang [Surname], provided convenience to the company in aspects such as reviewing project progress. In the same year... × In the month, the company employee Li Mouyi gave the defendant Huang Moumou a decorative item. × one (worth RMB × Yuan).

× Year × In the month of [Month], [Company Name] Co., Ltd. undertook the [Project Name] project for [Unit Name]. The defendant, Huang [Surname], took advantage of his official position to coordinate with a certain unit and modify the construction drawings, thereby enabling [Manufacturer Name] to smoothly supply goods to [Company Name] Co., Ltd. In the same year... × In the month of [month], Li Moujia, the manager of a certain manufacturer, gave the defendant Huang Moumou RMB [amount] as a token of gratitude. × Yuan.

× In that year, Zhang Moumou affiliated with a certain company to undertake a certain project. During the course of the project’s construction, the defendant Huang Moumou provided assistance in areas such as disbursement of project funds, review of project progress, and settlement of project payments. × Year × In that month, Zhang Moumou gave the defendant Huang Moumou RMB as a token of gratitude. × Yuan.

× Year × Moon × On that day, the defendant Huang Moumou turned himself in to the Anti-Corruption and Bribery Bureau of the People's Procuratorate of a certain district and turned over the RMB he had accepted. × The Yuan and certain ornaments have been turned over. The stolen funds now amount to RMB. × The yuan has been lawfully seized by the People's Procuratorate of a certain district.

The aforementioned facts are substantiated by the following evidence provided by the prosecution and presented and examined during the trial, which the court hereby confirms:

1. Source of the case and self-surrender materials, confirming the origin of this case and Huang Moumou’s… × Year × Moon × The fact of self-surrender on the day.

2. The personnel files and other materials pertaining to Huang Moumou confirm the fact that Huang Moumou possesses the requisite subject qualification for the crime of bribery.

3. Documentary evidence, including the contract signed by [Name], confirms that during the period when Huang [Name] held a certain position at [Organization Name] and was responsible for work in a specific area, Project [Project Name] was undertaken through the nominal affiliation of Zhang [Name] with [Company Name]. The supplier for this project was [Factory Name], whose manager was Li [Name] A. Furthermore, it is established that Project [Project Name] was executed by Shenzhen [Company Name] Co., Ltd., where Li [Name] B. served as an employee.

4. Witness Zhang Moumou × Year × Moon × The testimony of Ri, as well as the testimonies of Li Jia and Li Yi, confirmed the fact that he had bribed Huang Moumou.

5. The testimony of witness Liu Moumou confirms the fact that the某某 project was undertaken by a certain company affiliated with Zhang Moumou.

6. The statement and defense of the defendant Huang Moumou confirm the fact that he accepted bribes from Zhang Moumou, Li Moujia, and Li Mouyi.

【Judgment Result】

1. The defendant, Huang Moumou, was found guilty of accepting bribes but was exempted from criminal punishment.

II. The illicit funds in RMB seized and placed under custody × The yuan shall be confiscated by the seizing authority in accordance with the law and turned over to the state treasury; the illegally obtained proceeds—specifically, a certain decorative item—shall be transferred along with the case. × They shall be confiscated according to law and turned over to the state treasury.

【Reasoning of the Ruling】

1. The defendant, Huang Moumou, as a state functionary, took advantage of his official position to illegally accept property from others and seek benefits for them. His conduct constitutes the crime of bribery. The facts and charges alleged by the prosecution have been substantiated and are upheld by the court.

2. Regarding the defendant’s argument that the two bribes received from Li Mouyi and Li Moujia have exceeded the statute of limitations, since the criminal act of accepting bribes was ongoing, the statute of limitations should be calculated from the date on which the criminal act came to an end according to law; therefore, his defense is not accepted.

3. After committing the crime, the defendant Huang voluntarily turned himself in and truthfully confessed to the facts of the crime, thus qualifying as a self-confessor. Upon surrendering, he sincerely expressed remorse and actively returned all the stolen funds and property. Therefore, the court finds that the circumstances of the crime committed by the defendant Huang are minor.

[Relevant Statutes]

Criminal Law of the People's Republic of China

Article 385: A state functionary who, taking advantage of his or her position, solicits property from others or illegally accepts property from others in order to procure benefits for those others commits the crime of bribery. 
State functionaries who, in economic transactions, violate state regulations by accepting rebates or handling fees under various pretexts and appropriating them for personal use shall be treated as having accepted bribes.

Article 386: Those who commit the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law, based on the amount of bribes received and the specific circumstances of the offense. Those who solicit bribes shall be subject to more severe punishment.

Article 383: Those who commit the crime of embezzlement shall be punished according to the severity of the circumstances as follows: 
(1) For embezzlement involving a relatively large amount or other serious circumstances, the offender shall be sentenced to a fixed-term imprisonment of no more than three years or detention, and also fined. 
(2) For those who have committed embezzlement involving a huge amount or who exhibit other serious circumstances, the penalty shall be imprisonment for a term of more than three years but less than ten years, together with a fine or confiscation of property. 
(3) For those who commit embezzlement involving an especially huge amount or with other particularly serious circumstances, the penalty shall be imprisonment for a term of more than ten years or life imprisonment, together with a fine or confiscation of property. If the amount involved is especially huge and has caused particularly serious damage to the interests of the state and the people, the offender shall be sentenced to life imprisonment or death, together with confiscation of property. 
For multiple instances of embezzlement that have not been dealt with, punishment shall be imposed based on the cumulative amount embezzled. 
For the offense described in paragraph 1, if the offender truthfully confesses to their crime, sincerely repents, and actively returns the illicit gains before prosecution is initiated, thereby preventing or reducing the occurrence of harmful consequences, and if the circumstances specified in item 1 apply, the penalty may be mitigated, reduced, or waived. If the circumstances specified in items 2 or 3 apply, the penalty may be mitigated. 
If a person convicted under the first paragraph is sentenced to death with a reprieve pursuant to the circumstances specified in item 3, the people's court may, taking into account the nature of the crime and other relevant factors, simultaneously decide that, upon expiration of the two-year reprieve period and conversion to life imprisonment according to law, the offender shall be subject to lifelong imprisonment without any possibility of commutation or parole.

Article 67: A person who voluntarily surrenders himself after committing a crime and truthfully confesses his criminal acts shall be considered to have turned himself in. For criminals who turn themselves in, the punishment may be mitigated or reduced. Among them, those whose crimes are relatively minor may be exempted from punishment. 
A criminal suspect, defendant, or offender currently serving a sentence who truthfully confesses to other crimes that the judicial authorities have not yet discovered shall be treated as having turned themselves in. 
Although the suspect does not meet the conditions for self-surrender as stipulated in the preceding two paragraphs, if he or she truthfully confesses his or her crimes, a lighter punishment may be imposed; and if, due to the suspect’s truthful confession of his or her crimes, particularly serious consequences are avoided, the punishment may be reduced.

Article 37: For offenses with minor circumstances that do not warrant criminal punishment, criminal penalties may be waived. However, depending on the specific circumstances of the case, the offender may be given a warning, required to submit a written statement of remorse, offer an apology, compensate for any losses, or be subject to administrative penalties or disciplinary actions by the competent authority.

Article 64: All property illegally obtained by criminals shall be confiscated or ordered to be returned; lawful property belonging to the victims shall be promptly returned. Prohibited items and personal property used in committing the crime shall be seized. All seized property and fines shall be turned over to the state treasury without exception; they may not be misappropriated or disposed of independently.

[Lawyer’s Perspective]

1. As staff members of state organs, you should be diligent and responsible, maintain integrity and self-discipline, and must not take advantage of your position to accept bribes from others or accept gifts from them. In this case, the defendant took advantage of his official position to illegally accept property from others and seek benefits for them, thereby infringing upon the legal interest protected by criminal law—the incorruptibility of official conduct by state functionaries.
2. The suspect and the defendant enjoy, in accordance with the law, procedural rights such as the right to defense. Even when a suspect or defendant is being prosecuted by state authorities, they are still entitled to the rights conferred upon them by law, and these rights of the suspect and the defendant must be protected. According to Article 14 of the Criminal Procedure Law of the People's Republic of China: “People’s courts, people’s procuratorates, and public security organs shall ensure that criminal suspects, defendants, and other participants in the proceedings enjoy, in accordance with the law, the right to defense and other procedural rights.”
3. Before and during the commission of a criminal act, the suspect or defendant shall proactively cease the criminal behavior or mitigate its consequences. After committing the criminal act, the suspect or defendant shall sincerely repent and, through such measures as voluntarily surrendering themselves, actively mitigating the consequences of the crime, voluntarily turning over illicit gains and property, and obtaining the victim’s forgiveness, seek to have their punishment reduced. In this case, the defendant was granted a judgment exempting him from criminal punishment precisely because, after committing the crime, he proactively reflected on his actions and fully recognized the consequences and adverse effects resulting from his criminal behavior. Moreover, following the commission of the crime, the defendant voluntarily turned himself in and truthfully confessed to the facts of the offense—a circumstance that qualifies as self-surrender. Upon surrendering, the defendant demonstrated genuine remorse and actively returned all stolen funds and property. Therefore, the court legally determined that the defendant’s post-crime conduct constituted minor criminal circumstances, ultimately leading to the exemption from criminal punishment.