From 5.1 onwards, the threshold for criminalization of these four types of duty crimes has been significantly reduced! Attention private enterprises!
Introduction:The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Bribery and Corruption (II)" (Fa Shi [2026] No. 6).It will take effect on May 1, 2026.。
The group most affected by the new judicial interpretation is employees of private enterprises, becauseBribery of non-state functionaries, bribery of non-state functionaries, embezzlement of public funds, misappropriation of fundsThe threshold for criminal liability will be significantly lowered, and the sentencing tiers will also undergo substantial changes. This article will present the changes to the aforementioned four charges in tabular form.
Statutory link:
Article 8: The standards for conviction and sentencing with respect to the crime of accepting bribes by non-state personnel as stipulated in Article 163 of the Criminal Law, the crime of offering bribes to non-state personnel as stipulated in Article 164, the crime of embezzlement of public funds by taking advantage of one’s position as stipulated in Article 271, and the crime of misappropriation of funds as stipulated in Article 272 shall be applied by reference to the corresponding standards for conviction and sentencing for the crimes of accepting bribes, offering bribes (including corporate bribery), embezzlement, and misappropriation of public funds, respectively.
When determining whether to pursue criminal liability and setting the sentence, due consideration should be given to the nature and circumstances of the crime, and the degree of social harm should be accurately assessed to ensure that the punishment is commensurate with the culpability.
Based on:
1. The Criminal Law of the People's Republic of China
2. The Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Bribery and Corruption (Fa Shi [2016] No. 9) came into effect on April 18, 2016.
3. "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Embezzlement and Bribery (II)" (Fa Shi [2026] No. 6), effective date: May 1, 2026 (hereinafter referred to as the "Interpretation (II)")
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Introduction
Attorney Liang Xiaoxing
Partner, Guangdong Zhiheng (Foshan) Law Firm
Attorney Liang Xiaoxing specializes in corporate compliance, corporate law, labor law, and related fields. She has a deep understanding of internal business operations and excels at ensuring compliant business practices and managing legal risks. Since commencing practice, I have handled a large number of civil and commercial dispute cases, covering various types of contract disputes (including lease, sale, contracting, and labor services), corporate disputes, subcontracting disputes in construction projects, used-car sales disputes, private lending disputes, and labor disputes. Additionally, I provide ongoing legal advisory services to numerous manufacturing enterprises, with extensive experience in both litigation and non-litigation matters related to employment compliance, internal corporate governance, and the protection of shareholders’ rights and interests.
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