**Unofficial Translation**
Criminal Law of the People’s Republic of China Chapter VIII Crime of Embezzlement or Bribery Article 382 A public servant of the state who, by taking advantage of his post, appropriates, steals, swindles or otherwise illegally takes possession of public property shall be guilty of a crime of embezzlement. A person who is authorized by a state organ, state-owned company, enterprise, institution or people's organization, to administer or manage state-owned property shall, if, by taking advantage of his post to appropriate, steal, swindle or otherwise illegally take possession of state-owned property, be dealt with as embezzlement. A person who conspires with the person listed in the preceding two paragraphs to engage in embezzlement shall be dealt with as an accomplice. Article 383 A person who commits a crime of embezzlement shall, depending on the seriousness of the circumstance, be sentenced respectively according to the following provisions: 1. A person who embezzles the amount of not less than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and may concurrently be sentenced to confiscation of property; and if the circumstance is especially serious, to death and concurrently to confiscation of property. 2. A person who embezzles the amount of not less than 50,000 yuan and not more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years and may concurrently be sentenced to confiscation of property; and if the circumstance is especially serious, to life imprisonment and concurrently to confiscation of property. 3. A person who embezzles the amount of not less than 5,000 yuan and not more than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year and not more than seven years; and if the circumstance is serious, to fixed-term imprisonment of not less than seven years and not more than ten years. A person who embezzles the amount of not less than 5,000 yuan and not more than 10,000 yuan may, if, after committing the crime, showing signs of repentance and giving up the embezzled money of his own accord, be given a mitigated punishment or be exempted from criminal punishment, and in such a case, shall be given administrative sanctions by the unit to which he belongs or by the competent superior department. 4. A person who embezzles the amount of not more than 5,000 yuan shall, if the circumstance is relatively serious, be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is relatively minor, be given administrative sanctions according to the circumstance by the unit to which he belongs or by the competent superior department. A person who repeatedly commits embezzlements for many times and goes unpunished shall be sentenced according to the accumulated amount of money he has embezzled. Article 384 A public servant of the state who, by taking advantage of his post, misappropriates the public money for
his own use or for conducting an illegal activity, or misappropriates a relatively large amount of public money for conducting activities with a view of profit, or misappropriates a relatively large amount of public money and fails to return it after three months, shall be guilty of a crime of misappropriation of public money and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than five years. If such a person misappropriates a large amount of public money and fails to return it, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. A person who misappropriates for his own use the money or materials allocated for disaster relief, emergency rescue, flood prevention and control, the care of disabled servicemen and the families of revolutionary martyrs and servicemen, the care of the poor, resettlement of residents or social relief shall be sentenced heavily. Article 385 A public servant of the state who, by taking advantage of his post, asks for another person's property, or illegally accepts another person's property and secures advantages for him, shall be guilty of a crime of acceptance of bribes. A public servant of the state who, in violation of the state's regulations, accepts commissions and service charges offered in various names for his own possession in economic transactions shall be dealt with as acceptance of bribes. Article 386 A person who commits a crime of acceptance of bribes shall, depending on the amount of bribes and the seriousness of the circumstances, be sentenced in accordance with the provisions of Article 383 of this Law. A person who extorts bribery shall be sentenced heavily. Article 387 Where a state organ, state-owned company or enterprise, institution or people's organization extorts or accepts illegally property from another person and seeks profit for him and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A unit listed in the preceding paragraph which, in its economic transactions, accepts secretly rebates or commissions in various names without entering into its account shall be deemed as acceptance of bribes, and sentenced in accordance with the provisions of the preceding paragraph. Article 388 A public servant of the state who, by taking advantage of his favorable conditions of his post or position, seeks unlawful profits for the entruster through the acts of office of another public servant of the state, and extorts or accepts the entruster's property, shall be dealt with as acceptance of bribes. Article 389 A person who, with a view of unjust benefit, gives property to a public servant of the state shall be guilty of bribing. A person who, in economic transactions, violates the state's regulations to give property of a large quantity to a public servant of the state or to give commissions and service charges to the latter shall be dealt with as bribing. A person who is extorted to give property to a public servant of the state and has not got any unjust benefit shall not be deemed bribing. Article 390
A person who commits a crime of bribing shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A person who seeks unjust benefit by bribing shall, if the circumstance is serious or a heavy loss is caused to the state's interests, be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; and if the circumstance is especially serious, to fixedterm imprisonment of not less than ten years or life imprisonment and may concurrently be sentenced to confiscation of property. A briber who voluntarily confesses his bribery before being prosecuted may be given a mitigated punishment or be exempted from punishment. Article 391 A person who, with a view of unjust benefit, gives property to a state organ, state-owned company or enterprise, an institution or a people's organization, or, in economic transactions, violates the state's regulations to give commissions and service charges offered in various names, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If a unit commits a crime under the preceding paragraph, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced in accordance with the provisions of the preceding paragraph. Article 392 A person who introduces a bribe to a public servant of the state shall, if the circumstance is serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A person who introduces a bribe shall, if he voluntarily confesses his activities before being prosecuted, be given a mitigated punishment or exempted from punishment. Article 393 If a unit, with a view of unjust benefit, offers a bribe or offers, in violation of the state's regulations, commissions or service charges to a public servant of the state, and if the circumstance is serious, the unit shall be sentenced to a fine and concurrently, the person-in-charge directly responsible and other persons directly responsible of it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If illegal gains are obtained by bribing and such gains are taken possession of by a person, the said person shall be convicted of a crime and sentenced in accordance with the provisions of Article 389 or 390 of this Law. Article 394 A public servant of the state who, in the domestic activities for public purpose or in their contact with foreigners, accepts gifts which shall be handed over as required by the state and fails to do so, shall be convicted of a crime and sentenced in accordance with the provisions of Article 382 or 383 of this Law if the amount involved is relatively huge. Article 395 A public servant of the state whose property or expenditure apparently exceeds his lawful incomes may, if the difference is huge, be ordered to explain the sources of his property. If he can not explain the lawful sources of his property, the amount of property that exceeds his lawful incomes shall be treated as illegal gains, and he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the property that exceeds his lawful incomes shall be taken over. A public servant of the state shall, if having bank savings in another country or territory, make a report in accordance with the state's regulations. A person who has a relatively large amount of such savings and does not report them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is relatively minor, shall be given administrative sanctions
according to the circumstance by the unit to which he belongs or by the competent superior department. Article 396 If a state organ, state-owned company or enterprise, institution or people's organization, in violation of the state's regulations, distributes state-owned assets collectively to individuals in the name of the unit, the person-in-charge directly responsible and other persons directly responsible shall be sentenced to fixedterm imprisonment of not more than three years or criminal detention and concurrently or independently to a fine if the amount involved is relatively huge; and if the amount involved is huge, to fixed-term imprisonment of not less than three years and not more than seven years and concurrently to a fine. A judicial organ or an administrative organ who, in violation of the state's regulations, distributes collectively to individuals the confiscated property which shall be turned over to the state in the name of the unit, shall be sentenced in accordance with the provisions of the preceding paragraph.