How to identify leading cadres who accept tobacco and alcohol?

Legal analysis: In judicial practice, many public officials have been convicted of bribery for accepting tobacco and alcohol. The main reasons are as follows:

1. At the time of the crime , physical items of tobacco and alcohol were found in the homes of state workers, and their value could also be appraised. At the same time, these tobacco and alcohol are just the consideration for state workers to seek benefits for others. At this time, the act of accepting these cigarettes and alcohol can be regarded as a crime of bribery.

2. In real life, some trustees will give "smoking tickets" to public officials. "Smoking tickets" are similar to shopping coupons or shopping cards. In fact, they are just a cigarette purchase card. Ask the trustee to contact the tobacco shop in advance, and the tobacco shop will issue a "cigarette ticket". After asking the trustee to give it to the public official, the public official can take the "cigarette ticket" and exchange it for cigarettes or money. Almost all cigarette tickets are used to exchange money, and giving cigarettes is just a cover. In other words, what the cigarette stamps replace is cash, not cigarettes. In this case, there is no question of authenticity of the cigarette ticket itself. It is an economic consideration and a property benefit. The act of accepting "cigarette tickets" should be deemed as a crime of bribery.

3. After receiving high-value tobacco and alcohol, some public officials are reluctant to drink or smoke. After accumulating a certain amount, they send them to tobacco shops, small shops and other places to exchange for money. These Money exchanged for tobacco and alcohol is certainly considered bribery.

Legal basis: Article 385 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of accepting bribes refers to the crime of accepting bribes by state functionaries who take advantage of their positions to solicit other people's property, or illegally accept other people's property for the purpose of The behavior of others seeking benefit. The crime of accepting bribes violates the integrity of state personnel's official behavior and the ownership of public and private property.