40Evidence A

Don’t give money or cards to investigators, law enforcement, or judicial staff: offering bribes is a crime, and bribing officials in these roles is punished even more severely.

“Spending a bit of cash to smooth things over” is a distinct criminal offense under Chinese law; those arrested aren’t just the recipients of the bribe. Offering a bribe can lead to up to three years in prison; more serious cases bring sentences of three to ten years, while especially grave cases may result in over ten years or even life imprisonment. Bribing investigators, administrative law enforcement officers, or judicial staff falls under a clearly defined category of aggravated punishment. However, if someone is coerced into paying but fails to obtain any improper benefit, this does not count as bribery.

Cost

No cost at all — you simply don’t do it.

Benefit

Article 389 of the Criminal Law defines bribery as “offering property to state workers to secure improper bene…

Cost

No cost at all — you simply don’t do it.

Benefit

Article 389 of the Criminal Law defines bribery as “offering property to state workers to secure improper benefits.” It further states that “in economic dealings, providing state workers with sizable sums of money or various forms of kickbacks or service fees in violation of state regulations also constitutes bribery.” One exception is noted: “If a person gives property to a state worker under coercion and receives no improper benefit, this is not considered bribery.” Sentencing guidelines appear in Article 390, amended by Amendment XII of the Criminal Law and effective March 1, 2024: those convicted of bribery face up to three years in prison or detention plus a fine; more serious cases bring three to ten years in prison plus a fine; extremely grave cases may result in over ten years or life imprisonment plus a fine or asset confiscation. Seven specific circumstances trigger aggravated sentencing: repeated or multi-party bribery; bribery involving state workers; bribery related to key national projects; bribery aimed at securing promotions or job changes; bribery directed at investigators, administrative law enforcement officers, or judicial staff; bribery in areas such as environmental protection, finance, workplace safety, food and drug regulation, disaster relief, social security, education, or healthcare; and using illegally obtained funds for bribery. A final provision allows for reduced or waived penalties if a bribery offender voluntarily confesses prior to prosecution — particularly if their confession proves crucial to solving a major case or if they demonstrate significant merit. (Nationwide)

Original sources

全国人大常委会. 中华人民共和国刑法(经刑法修正案十一修正的整合文本)第三百八十九条. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92;全国人大常委会 (2023). 中华人民共和国刑法修正案(十二)(第五项,修改刑法第三百九十条;自 2024 年 3 月 1 日起施行). https://flk.npc.gov.cn/detail?id=ff8081818c3ce31f018cb6a6bc412f55

Open source link
Book note

You are the sole beneficiary of this rule — it directly counters the misconception that a small bribe can guarantee immunity from punishment. These officials have colleagues, official records, surveillance, and oversight bodies; anything you give them becomes both evidence against them and proof of your own crime, and this type of bribery is explicitly classified as aggravated. Should an official demand bribes, the correct course of action is outlined in Article 39: immediately report it to police and obtain a case receipt, then file a complaint with oversight or disciplinary authorities. Article 389, Paragraph 3 stipulates immunity only when coercion occurs without resulting in any improper benefit; if you gain any advantage through such payments, this exemption no longer applies. Hospital “red envelope” practices follow separate regulations — see Section 24, Item 12.

My note