Don’t give money or cards to investigators, law enforcers: offering bribes is a crime, and bribing oversight, law enforcement, and judicial staff is punished even more severely
"Spending money to settle matters" is an independent crime under the Criminal Law, and those who provide the money are also subject to sentencing. Bribery is punishable by up to 3 years, with serious circumstances resulting in 3 to 10 years, and especially serious circumstances resulting in 10 years or more, or life imprisonment. Bribing supervisory, administrative law enforcement, or judicial personnel falls into the category explicitly subject to heavier penalties. If one is extorted and pays money without obtaining any improper benefits, it does not constitute bribery.
No cost at all — you just have to refrain from doing it.
Article 389 of the Criminal Law defines bribery as “offering property to state functionaries with the intent t…
No cost at all — you just have to refrain from doing it.
Article 389 of the Criminal Law defines bribery as “offering property to state functionaries with the intent to obtain improper benefits.” The same article also states that “in economic transactions, offering relatively large amounts of property to state functionaries in violation of state regulations, or providing them with rebates or handling fees under various pretexts in breach of state regulations, shall be treated as bribery.” An exception is also outlined: “Offering property to state functionaries under coercion without obtaining any improper benefits does not constitute bribery.” Sentencing guidelines are laid out in Article 390 of the Criminal Law (amended by Amendment XII to the Criminal Law, effective March 1, 2024). It reads: “Those convicted of bribery shall be sentenced to up to 3 years in prison or criminal detention, and also fined; if they obtain improper benefits through bribery, and the circumstances are serious, or if they cause substantial losses to national interests, they shall be sentenced to 3 to 10 years in prison and fined; for especially grave circumstances, or when substantial losses are inflicted on national interests, they shall be sentenced to over 10 years in prison or life imprisonment, and also fined or have their property confiscated.” There are seven circumstances that warrant aggravated sentencing: (1) repeated bribery or offering bribes to multiple people; (2) bribery involving state functionaries; (3) bribery related to national key projects or major undertakings; (4) bribery aimed at securing job promotions or rank adjustments; (5) bribery of oversight, administrative law enforcement, and judicial staff; (6) bribery in sectors such as ecological conservation, finance, work safety, food and drug regulation, disaster prevention and relief, social security, education, and healthcare, which facilitates other illegal acts; (7) using illicit gains to pay bribes. An additional provision allows for mitigated punishment or exemption for those who voluntarily confess to their bribery acts prior to prosecution: “Those who voluntarily confess to bribery prior to being investigated may receive a lighter or mitigated punishment; if their crime is relatively minor, and their confession plays a key role in cracking major cases or leads to significant meritorious service, they may even be exempted from punishment” (nationwide application).
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 linkThe beneficiary is yourself. Do not expect to escape punishment through a bribe. The other party has colleagues, ledgers, surveillance, and inspectors. The items you give are evidence against them when they are investigated, and also evidence of your own crime; furthermore, this type of bribery is explicitly in the category of heavier penalties. If you truly encounter the other party demanding benefits, follow the channel of Article 39 (you must demand a case acceptance receipt on the spot when calling the police). Keep the case acceptance receipt and documents, and report to the supervisory agencies or the discipline inspection and supervision organs. The exemption condition provided by the third paragraph of Article 389 of the Criminal Law is "being extorted and not obtaining improper benefits." Once you take this opportunity to obtain something you otherwise would not have obtained, this condition no longer holds. Red envelopes in hospitals belong to a different set of rules; see Section 24, Item 11