2024/9/2 凌晨12:25 Criminal Law of the People's Republic of China Whoever, in economic activities, gives a relatively large amount of money or other forms of property to a state functionary in violation of state regulations, or gives kickbacks or service charges under any name to a state functionary in violation of state regulations, shall be convicted of and punished for offering bribes. Where a victim of extortion is pressured into giving money or other forms of property to a state functionary without gaining illicit benefits, his act shall not be regarded as bribery. Article 390 Whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine. Where the offender offers bribes to secure illicit benefits, if the circumstances are serious or heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently, a fine or confiscation of property. A briber who, before being prosecuted, voluntarily confesses his act of offering bribes, may be given a lighter or mitigated punishment. If the crime is relatively minor, or the briber plays a critical role in solving a major case, or the offender carries out a major meritorious performance, he may be given a mitigated punishment or be exempted from punishment. Article 390a Whoever, for securing illicit benefits, offers bribes to any close relative of or any other person closely related to a state functionary, or offers bribes to a former state functionary who no longer holds the office or post, or any close relative of or any other person closely related to him, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. If the circumstances are serious, or heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. If the circumstances are especially serious, or extremely heavy losses are caused to the interests of the state, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years but not more than 10 years, and concurrently, a fine. An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. Article 391 Whoever, for securing illicit benefits, gives money or other forms of property to a state organ, a state-owned company, enterprise or public institution, or a people’s organization or, in economic activities, gives kickbacks or service charges under any name in violation of state regulations, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term custody, and concurrently, a fine. An entity committing a crime as prescribed in the preceding paragraph shall be fined, and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions in the preceding paragraph. Article 392 Whoever acts as an intermediary in bribing a state functionary, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm 38/40