2024/9/2 凌晨12:25 Criminal Law of the People's Republic of China custody, and concurrently, a fine. Whoever, before being prosecuted, voluntarily confesses his act of being an intermediary may be given a mitigated punishment or be exempted from punishment. Article 393 Where an entity for securing illicit benefits, offers bribes or, in violation of state regulations, gives kickbacks or service charges to a state functionary, if the circumstances are serious, the entity 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 5 years or short-term custody, and concurrently, a fine. Whoever takes into his own possession the illegal gains derived from bribery shall be convicted and punished in accordance with the provisions in Articles 389 and 390 of this Law. Article 394 A state functionary who accepts gifts in domestic public service activities or in activities with any foreign party, and fails to turn such gifts over to the state as is required by state regulations, if the amount involved is relatively large, shall be convicted and punished in accordance with the provisions in Articles 382 and 383 of this Law. Article 395 Where a state functionary’s property or expenditure obviously exceeds his lawful income by a large amount, he may be ordered to explain the sources of his property, and if he cannot explain the sources, the part above his lawful income shall be regarded as illegal gains, and he shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody. If the amount involved is especially large, the offender shall be sentenced to fixed-term of imprisonment of not less than 5 years but not more than 10 years. The part of property above lawful income shall be confiscated. A state functionary shall, in accordance with state regulations, report his bank savings overseas. Whoever has a relatively large amount of such savings and fails to make such a report shall be sentenced to fixed-term imprisonment of not more than 2 years or short-term custody. If the circumstances are relatively minor, the person shall be subjected to sanctions at the discretion of his entity or the competent authority at a higher level. Article 396 Where a state organ, a state-owned company, enterprise or public institution, or a people’s organization, in the name of the entity, divides up state-owned assets among employees of the entity in violation of state regulations, if the amount involved is relatively large, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixedterm imprisonment of not more than 3 years or short-term custody, and concurrently, a fine; or shall be sentenced to a fine only. If the amount involved is large, the directly responsible persons in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and concurrently, a fine. Any judicial organ or administrative law enforcement organ that, in violation of state regulations, and in the name of the organ, divides up the fines collected or confiscated property, which should be turned over to the state, among employees of the organ, shall be punished in accordance with the provisions in the preceding paragraph. < 1 ... en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm 11 12 13 14 15 16 > 39/40