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Penalties

Individuals

What penalties are available to the courts for violations of corruption laws by individuals?

Individual offenders found guilty of bribing state personnel may be sentenced to life imprisonment, depending on the circumstances of the crime. The April 2016 judicial interpretation of the Anti-unfair Competition Law has introduced a new imprisonment regime linked to the severity of the offence, which range from one year to life imprisonment. Confiscation of personal assets may also be imposed in particularly serious circumstances. Under the November 2015 amendments to the law, fines may now also be imposed on individual offenders (the April 2016 judicial interpretation provides that fines should range from Rmb100,000 to twice the amount of the bribe).

For criminal bribery offences committed in the private sector, individual offenders face up to 10 years’ imprisonment and a fine ranging from Rmb100,000 to twice the amount of the bribe.

Companies or organisations

What penalties are available to the courts for violations of corruption laws by companies or organisations?

Corporate entities found guilty of bribing state personnel face fines ranging from Rmb100,000 to twice the amount of the bribe. Personnel in charge of the corporate entity and other personnel responsible for the crime may be imprisoned for up to five years.

Corporate entities committing the same offence are liable on conviction to fines ranging from Rmb100,000 to twice the amount of the bribe. The personnel in charge of the corporate entity and other personnel responsible for the crime may be imprisoned for up to 10 years and fined. Recipients of bribes may be imprisoned for at least five years and have their property confiscated.

As regards civil bribery offences under the Anti-unfair Competition Law, corporate entities are liable for their employees’ bribery-related misconduct. If such entity is found to have violated Article 8 of the law, it may face administrative fines ranging from Rmb10,000 to Rmb200,000 and have its illegal gains confiscated.

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