2024/9/2 凌晨12:25 Criminal Law of the People's Republic of China Article 385 A state functionary who, by taking advantage of his office, solicits money or other forms of property from others, or illegally accepts others’ money or other forms of property as a price of providing benefits, shall be liable for the crime of taking bribes. A state functionary who, in economic activities, violates state regulations by accepting kickbacks or service charges under any name and taking them into his own possession, shall be convicted of and punished for the crime of taking bribes. Article 386 Whoever commits the crime of taking bribes shall be punished in accordance with the provisions in Article 383 of this Law based on the amount of bribes the offender has taken and the gravity of the circumstances. Whoever solicits bribes from another person shall be given a heavier punishment. Article 387 Where a state organ, a state-owned company, enterprise or public institution, or a people’s organization solicits or unlawfully accepts money or other forms of property from others as a price of providing benefits, 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. An entity as prescribed in the preceding paragraph that, in economic activities, secretly accepts offthe-book kickbacks or service charges under any name, shall be convicted of the crime of accepting bribes and be punished in accordance with the provisions in the preceding paragraph. Article 388 A state functionary who, by taking advantage of his office or position, secures illicit benefits for an entrusting party through another state functionary’s performance of duty, and solicits or accepts money or other forms of property from the entrusting party, shall be convicted of and punished for the crime of taking bribes. Article 388a Any close relative of a state functionary or any other person closely related to him who, by taking advantage of the state functionary’s office or position, secures illicit benefits for an entrusting party through the state functionary’s performance of duty or through another state functionary’s performance of duty, and solicits or accepts money or other forms of property from the entrusting party, if the amount involved is relatively large or there are other relatively serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years or shortterm custody, and concurrently, a fine. If the amount involved is large or there are other serious circumstances, 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 amount involved is especially large or there are other especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 7 years, and concurrently, a fine or confiscation of property. A former state functionary who no longer holds the office or post, or any of his close relatives or any other person closely related to him who, by taking advantage of the office or position he once held, commits an act as prescribed in the preceding paragraph, shall be punished in accordance with the provisions in the preceding paragraph. Article 389 Whoever, for securing illicit benefits, gives money or other forms of property to a state functionary, shall be convicted of the crime of offering bribes. en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_13.htm 37/40