论文部分内容阅读
《关于办理受贿刑事案件适用法律若干问题的意见》第9条规定的国家工作人员收受请托人钱物后及时退还或者上交的,不是受贿(第1款)。国家工作人员受贿后,因自身或者与其受贿有关联的人、事被查处,为掩饰犯罪而退还或者上交的,不影响认定受贿罪(第2款)。该规定为检察机关如何处理受贿案件提供了法律基础,司法实践中有些问题在具体适用过程中还需进一步理解和把握。
Article 9 of the “Opinions on Several Issues Concerning the Application of Laws Related to Bribery Cases” is not bribery (paragraph 1), when state staff members receive the trustee’s money for timely refund or surrender. After a bribe of a state staff member has been investigated and dealt with by himself or by persons associated with his bribery, his return or surrender of the criminal shall not affect the determination of bribery (paragraph 2). This provision provides the legal basis for procuratorial organs how to deal with cases of bribery. Some problems in judicial practice need to be further understood and grasped in the concrete application process.