There are inconsisteneies between the current criminal law and judicial interpretations on the provisions of special lenient sentencing circumstances for the crime of bribery and the crime of bribery by entities.The current criminal law's special lenient sentencing circumstances for the crime of bribery do not include"special surrender",but only"spe-cial confession."The judicial interpretation of the special leniency in sentencing for the crime of unit bribery is not a refer-ence provision,but should be understood as a formal indicative provision.The special lenient sentencing circumstances for the crime of unit bribery should essentially mean that"the unit and relevant responsible personnel can be reduced or ex-empted from punishment."If it is determined that mitigating circumstances apply,the judicial authority must"impose a penalty below the statutory penalty."It is not appropriate to reduce the punishment for the crime of corporate bribery from criminal detention,which is the statutory minimum sentence,to control.If there are alternative sentencing circumstances,you can choose"lighter punishment"or"exemption from punishment"and other sentencing circumstances.It is recom-mended that the latest amendments to the Criminal Law,while adjusting the statutory sentencing ranges for bribery,bribery to entities,and bribery to entities,also make systematic provisions for special lenient sentencing circumstances for all brib-ery crimes.When amending the criminal law,consideration should be given to adding clauses to the criminal law provisions on the crime of bribery of influential people,the crime of bribery of units and the crime of bribery of units,clarifying the special lenient sentencing circumstances of"voluntarily confessing bribery before being prosecuted"stipulated in the crimi-nal law provisions.
关键词
行贿犯罪/特殊从宽量刑情节/特别自首/特别坦白/《刑法修正案(十二)》
Key words
bribery crime/special lenient sentencing circumstances/special surrender/special confession/criminal Law amendment(12)
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