Will you be punished for collecting a pack of cigarettes?

If the amount of cigarettes received by the staff of state organs reaches a certain standard and seeks some benefits for the cigarette delivery person, it may constitute the crime of accepting bribes. Accepting only one pack of cigarettes may constitute a violation of discipline, but in specific cases, some cases may not be considered as bribery.

1. There are two kinds of bribery: the first is that the amount of money received does not meet the filing standards stipulated in the criminal law and relevant judicial interpretations, and it is regarded as violation of discipline and discipline, and it is handled in accordance with the provisions of party discipline and political discipline; If the amount of property received is several hundred yuan, the recipient will actively cooperate with the organization to investigate and explain his own problems, and voluntarily return the stolen money and goods, he can criticize and educate, and will not be punished. The second is that the amount of property received reaches the filing standard stipulated in the Criminal Law of People's Republic of China (PRC) and relevant judicial interpretations. If the amount received reaches more than 30,000 yuan or the amount reaches more than 1 10,000 yuan, a criminal case can be filed.

Second, whether the act of accepting alcohol and tobacco should be regarded as the crime of accepting bribes should be considered in combination with real life. If alcohol and tobacco are communication products and there is no intention to accept bribes, the recipient should not be considered guilty of accepting bribes. It is worth noting that after receiving high-value tobacco and alcohol, public officials send them to tobacco hotels, small shops and other places to exchange money. The money exchanged is of course a bribe.

Under the following circumstances, the act of accepting alcohol and tobacco may not be regarded as bribery:

(1) Sending tobacco and alcohol is a local folk custom.

A prefecture-level city is relatively rich and local habits are generous. When leaders go to local meetings, a pack of cigarettes will be placed on each table. A leader always brings cigarettes home, holds dozens of meetings and brings dozens of packs of cigarettes. In this case, of course, it is not a crime of bribery. The laws of every country need to follow local folk customs to some extent. In local customs, smoking is a kind of etiquette to entertain guests, and it is also a habit of economic communication. People are used to sending cigarettes and wine. If the analogy of accepting these dozens of packs of cigarettes is interpreted as accepting bribes, it is beyond the people's prediction possibility and does not conform to the principle of legally prescribed punishment for a crime.

(2) Alcohol and tobacco are social goods, and there is no intention to accept bribes when accepting alcohol and tobacco.

One day, a boss gave a leader a cigarette worth more than 600 yuan, but when we had dinner together at night, a leader gave it to everyone. In this case, the leader does not belong to accepting bribes. Because a leader does not think that accepting tobacco, alcohol and other items is a bribe, but only a simple human relationship, that is, there is no intention to accept bribes. Alcohol and tobacco are social goods, which are often given to others as interpersonal goods and play a more important role in social communication. At this point, accepting alcohol and tobacco cannot be considered as a crime of accepting bribes.

(3) Tobacco and alcohol are consumables, and their value cannot be defined.

A boss sent a box of wine to a leader. When he committed the crime, he went to the leader's house to search, but he had already finished drinking. The boss admitted that the wine was fake, and the leader also said that there was something wrong with the wine and it should be fake. It is impossible to determine the actual value of alcohol and tobacco. In this case, because alcohol and tobacco are often consumables, when the judicial organs searched at the time of the crime, alcohol and tobacco had been exhausted, and it was impossible to determine the alcohol and tobacco that had been consumed. According to the principle of never suspecting a crime, the leader can't be identified as taking bribes.

In judicial practice, many public officials have been convicted of accepting bribes for accepting alcohol and tobacco. There are several reasons for accepting the conviction of alcohol and tobacco:

(1) At the time of the crime, tobacco and alcohol were found in the homes of state employees, and their value could also be appraised. At the same time, these cigarettes and alcohol are only the consideration for national staff to seek benefits for others. At this point, the act of accepting these cigarettes and alcohol can be identified as the crime of accepting bribes.

(2) In real life, some clients will send "cigarette tickets" to public officials. A "cigarette ticket" is similar to a shopping voucher or a shopping card, but it is actually a kind of cigarette card. Please contact the tobacco hotel in advance, and the tobacco hotel will issue a "cigarette ticket". After asking the trustee to hand it over to the public official, the public official can exchange cigarettes or money with the "cigarette ticket". Almost all cigarette tickets are exchanged for money, and sending cigarettes is just a cover. In other words, cigarette tickets replace cash instead of cigarettes. In this case, the cigarette ticket itself is not true or false, it belongs to economic consideration and property interests, and the act of accepting the "cigarette ticket" should be recognized as the crime of accepting bribes.

(3) Some public officials are unwilling to drink or smoke after receiving cigarettes and alcohol with high value. After accumulating to a certain amount, it will be sent to tobacco hotels, small shops and other places to exchange money. Money from alcohol and tobacco, of course, is a bribe.

Legal basis:

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery

Article 1 Whoever embezzles or accepts bribes in an amount of not less than 30,000 yuan but not more than 200,000 yuan shall be deemed as a "relatively large amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

If the amount of corruption is more than 10,000 yuan but less than 30,000 yuan, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined:

(a) corruption disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;

(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;

(3) Being criminally investigated for intentional crimes;

(four) the stolen money is used for illegal activities;

(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;

(6) Causing adverse effects or other serious consequences.

If the amount of bribes is more than 10,000 yuan but less than 30,000 yuan, and it falls under the circumstances specified in Items 2 to 6 of the preceding paragraph, or under any of the following circumstances, it shall be deemed as "other serious circumstances" as specified in the first paragraph of Article 383 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined:

(a) repeatedly asking for bribes;

(two) to seek illegitimate interests for others, resulting in the loss of public property, the interests of the state and the people;

(3) seeking job promotion or adjustment for others.