Introduction: In“resource integration”“Recommended by acquaintances”In the context of business, a covert mode of interest transmission is becoming increasingly prevalent——Entrepreneurs do not directly contact their leaders, but instead rely on their relatives, secretaries, drivers, and even long-term connections“Partner”Wait for people around you to obtain business opportunities, and then transfer benefits under the names of consulting fees, intermediary fees, equity dividends, and high priced purchases. Many people firmly believe“The money didn't go into the leader's pocket”“Leaders are unaware”You can escape unscathed. This cognition is precisely the starting point of many criminal cases and the illusion that this article aims to break.

1、 This is not a gray area, but a crime explicitly targeted by the Criminal Law

Entrepreneurs towards“People around the leader”The core risk of delivering benefits isAccording to Article 390-1 of the Criminal Law“Bribery of influential individuals”Whoever, in order to seek illegitimate benefits, bribes close relatives or other persons closely related to state personnel, or resigns state personnel and their close relatives or other close persons, shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall also be fined; Those with serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Those with particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years.

In terms of the threshold for prosecution, according to“Two Supremes”The Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery stipulates that the crime of bribery committed by influential individuals shall be executed in accordance with the standards of the crime of bribery——Bribery amountOver 30000 yuanShould be prosecuted immediately;More than 10000 yuan but less than 30000 yuanHowever, if there are specific circumstances such as bribing multiple people, using illegal gains for bribery, or seeking job promotion and adjustment, they may also be prosecuted; If the unit implements this behavior,Over 200000 yuanThat is, prosecution. That is to say, the threshold for conviction for this charge is not high, with a few counts“consultation fee”“Introduction fee”It is possible to cross the criminal red line.

There are three aspects of this charge that are most easily overlooked by entrepreneurs, but also the most fatal:

Firstly, it does not require the leader to be informed or involved, nor does it require the leader to actually seek profits. As long as the perpetrator“People with close relationships”Transporting property and seeking illegitimate benefits through it may constitute a separate crime——Whether the leader knows, helps, or receives a penny does not affect the establishment of this crime.

Second,“People with close relationships”Extremely wide range. In addition to close relatives (spouse, parents, children, etc.), it also includes leaders' secretaries, drivers, mistresses (husbands), long-term partners, specific friends, etc., not limited to blood or kinship relationships.

Third,CorrectWhether the leader truly has influence is not a necessary prerequisite for this crime. The perpetrator subjectively believes in the other party“Related and capable of handling affairs”And based on this, the transfer of benefits satisfies the subjective elements of this crime.

Correspondingly,asThe receiving party's“people around you”, it may constituteCrime of accepting bribes through influence(Article 388-1 of the Criminal Law). One side sends, the other side receives, both sides are guilty, and neither can escape.

2、 Risk will“upgrade”When:heart“people around you”Becoming a bribery accomplice

The more dangerous scenario is，The leader himself was informed, even instructed, and had people around him come forward to collect the money. At this point, according to relevant regulations, those around them are accomplices to the crime of bribery; The nature of entrepreneurial behavior may vary from“Bribery of influential individuals”Upgraded to directly targeting state personnel“Bribery crime”(Article 389 and Article 390 of the Criminal Law).

Judicial practice has long had a clear statement on this: state personnel“Specific related parties”Accepting money and not returning or submitting it to state officials after knowing about it is considered bribery. At this point, direct bribery occurs between entrepreneurs and leaders—Bribery relationship, entrepreneurs are no longer just“CorrectInfluential individuals engage in bribery”Instead, they directly bribed state officials.

this“upgrade”The cost is real——The maximum statutory penalty for bribery is life imprisonment, while the maximum penalty for bribing influential individuals is only ten years of imprisonmentThere is a huge difference between the two. Meanwhile, if implemented in the name of the unit, it may also violatecrime of bribe offering by a unit(Article 393 of the Criminal Law)，If the unit is fined, the directly responsible person in charge and other directly responsible individuals shall also bear criminal responsibility.

3、 Amendment 12 to the Criminal Law: Comprehensive Tightening of Bribery Crimes

two thousand and twenty-fouryearthreemoononeThe 12th Amendment to the Criminal Law, which will come into effect on [date]“Investigate bribery and corruption together”From policy slogans to clear legislative guidance, the crackdown on bribery crimes has significantly increased.

Firstly,Add seven cases of severe punishmentIncluding multiple bribes or bribery of multiple people, bribery for the purpose of seeking promotion, bribery in key areas such as ecological environment, finance, safety production, food and medicine to commit illegal crimes, and using illegal gains for bribery, etc.

Secondly,Raise the statutory penalties for crimes such as bribery of units and bribery of unitsUnit bribery crime“The situation is particularly serious”Shall be sentenced to imprisonment for not less than three years but not more than ten years.

Thirdly,Tighten the threshold for lenient punishment of bribe giversOnly“Less serious crime”“Plays a crucial role in solving major cases”“Significant meritorious performance”Only in such circumstances can the punishment be reduced or exempted.

One sentence: In the past“Heavy bribery, light bribery”The pattern is reversing, and bribery crimes have become equally important as bribery, becoming another key focus of anti-corruption efforts. Entrepreneurs must never again rely on“briberyIt's not a big deal”It comes from my comfort.

4、 The Four Most Common Cognitive Misconceptions Entrepreneurs Step on

Misconception 1:“It's okay if the money hasn't been given to the leader himself”. On the contrary, Article 390 is precisely for“Curve bribery”However, if the leader is not aware, it may still be considered a crime.

Misconception 2:“This is intermediary fee, consulting fee, and investment fund, which are normal business transactions”. The judicial authorities will penetrate“Legal shell”Review the substance——No matter how compliant the name is, as long as the consideration is“Unfair business opportunities"If the purpose is to seek competitive advantage or unfair benefits, it cannot escape the substantive determination of bribery.

Misconception 3:“The other party is not a national employee, so I do not constitute bribery”. to, toward, at, facing“People with close relationships”Bribery is an independent charge and is not exempted based on the identity of the other party; Once the other party forms a joint bribery agreement with state officials, entrepreneurs will bear a heavier responsibility for the crime of bribery.

Misconception 4:“If the accounting is compliant and the invoices are complete, it cannot be traced”.Under the data linkage between supervisory authorities, auditing, taxation, and anti money laundering, the so-called“Funds leaving traces”It is precisely the conclusive evidence, not the shield of exemption.

5、 Not just bribery: derivative charges and chain risks

Delivering benefits to those around us often comes with a series of“Technical processing”And these operations themselves may constitute new crimes: transmitting or concealing benefits through fictitious transactions, third-party accounts, overseas transfers, etc., which may violatemoney laundering crime(Article 191 of the Criminal Law)；Using false invoices, false labor contracts for bookkeeping, and possibly engaging in crimes such as false issuance of value-added tax special invoices and tax evasion.

In addition, there are chain strikes at the administrative and commercial levels.According to the Anti Unfair Competition Law, commercial bribery faces penalties such as confiscation of illegal gains and fines.Once involved in criminal proceedings, enterprises often face account freezing, suspension of production and business operations, credit damage, loss of bidding qualifications, and the commercial reputation and market position accumulated over the years may be reduced to zero in the short term.

6、 Four Red Lines and Compliance Suggestions for Entrepreneurs

Firstly, counterparty penetration verification. Where involved“The influence of public power”The transaction must penetrate and identify the true identity and interests of the counterparty“People around the leader”Maintain a high level of vigilance regarding labels.

Secondly, substantive examination of payment terms. Intermediary fees, consulting fees, and advisory fees must correspond to genuine and valuable services, and complete contracts, deliverables, and vouchers must be retained to ensure that every payment is made“make trouble under a certain pretext”.

Thirdly, stay away from“Unfair benefits”. The acquisition of business opportunities should be achieved through open, fair, and competitive due process; Where to“relationship”change“Opportunity”This is a high-risk signal, so it's better not to do it.

Fourthly, establish internal controls against commercial bribery and seek professional intervention in a timely manner. Incorporate the anti commercial bribery red line into the system, training and reporting system; Once there are signs of risk, introduce criminal lawyers as soon as possible and strive to“Proactively confess before being prosecuted”From a wide space.

Conclusion

The bottom line of business has never been“Does the leader know”But instead“Whether the behavior itself is legal”The existence of Article 390-1 of the Criminal Law implies“Bypass the leader”This path has been blocked since the moment of legislation. For enterprises, the most expensive thing is never to lose a single reliance“relationship”The opportunity gained is the loss of freedom, reputation, and the entire career. Instead of exploring in gray areas, it's better to invest resources in true competitiveness——That is the foundation for entrepreneurs to establish themselves in the long run.