As of Friday, the 12th Amendment to the Criminal Law has officially been implemented, introducing substantial changes to combat corporate bribery and reinforce penalties for related crimes. Authorities from the National People’s Congress Law Committee, Supreme People’s Court, Supreme People’s Procuratorate, and Ministry of Public Security made this announcement, aiming to address existing weaknesses in anti-bribery measures.
The amendment targets instances where bribery penalties tend to be lenient, recognizing a gap between addressing bribery crimes and public expectations. The emphasis is on reinforcing the role of the Criminal Law in promoting a comprehensive mechanism discouraging corruption. The revisions outline specific circumstances categorized as serious bribery, involving multiple instances or recipients, bribery by state functionaries, and offenses in critical national projects and key areas like ecology, finance, safety production, and healthcare.
The new amendment calls for severe punishment in both sentencing and investigative processes. Additionally, it addresses the issue of bribes given in the name of organizations to evade punishment, prompting adjustments in unit bribery penalties within the Criminal Law.
This comprehensive revision signifies a substantial increase in penalties for bribery, focusing on disrupting power and monetary exchanges, and dismantling chains of interest. The aim is to eliminate the conditions conducive to corruption, with a particular focus on deterring and penalizing repeated, widespread, and multi-party bribery. The amendment underscores the confiscation of illegal property benefits obtained through bribery, with a provision for returning or compensating victims.
In the investigative process, procuratorate organs will adopt updated concepts and practical measures to tackle bribery crimes more effectively. Authorities will ensure a balanced approach in punishing both the recipients and givers of bribes, marking a shift from previous practices that sometimes treated bribe givers more leniently.
To further enhance law enforcement activities, government departments will leverage big data in analyzing common bribery patterns, detecting underlying management loopholes, and recommending targeted prosecutorial measures. The 12th Amendment also emphasizes equal protection for private enterprises and raises standards for law enforcement activities involving public security organs.
Sun Ping, Deputy Director of the Legal Affairs Bureau of the Ministry of Public Security, stated that the upcoming focus for public security organs is to standardize law enforcement activities concerning enterprises while prioritizing equal protection for private enterprises.