Laws of the People's Republic of China

    In accordance with the provisions on the punishment of the crimes of
embezzlement and bribery as stipulated in the Criminal Law of the People's
Republic of China and the Decision of the Standing Committee of the National
People's Congress Regarding the Severe Punishment of Criminals Who Seriously
Sabotage the Economy, the following supplementary Provisions are made:

    1. State personnel, personnel of collective economic organizations or
other personnel handling or administering public property who, by taking
advantage of their office, appropriate, steal, swindle, or otherwise illegally
take possession of public property shall be guilty of embezzlement.

    Whoever conspires with state personnel, personnel of collective economic
organizations or other personnel handling or administering public property to
engage in embezzlement shall be punished as an accomplice in the crime.

    2. Criminals who have committed the crime of embezzlement shall be
punished separately in the light of the seriousness of the circumstances and
in accordance with the following provisions:

    (1) An individual who embezzles not less than 50,000 yuan shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and may concurrently be sentenced to confiscation of property;
if the circumstances are especially serious, the offender shall be sentenced
to the death penalty and confiscation of property as well.

    (2) An individual who embezzles not less than 10,000 yuan and less than
50,000 yuan shall be sentenced to fixed-term imprisonment of not less than
five years and may concurrently be sentenced to confiscation of property; if
the circumstances are especially serious, the offender shall be sentenced to
life imprisonment and confiscation of property.

    (3) An individual who embezzles not less than 2,000 yuan and less than
10,000 yuan shall be sentenced to fixed-term imprisonment of not less than one
year and not more than seven years; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than seven
years and not more than ten years. If an individual who embezzles not less
than 2,000 yuan and less than 5,000 yuan, after committing the crime,
voluntarily surrenders himself, renders meritorious service or shows signs of
repentance and gives up the embezzled money of his own accord, he may be given
a mitigated punishment or exempted from criminal punishment and subjected to
administrative sanctions by his unit or by the higher competent authorities.

    (4) An individual who embezzles less than 2,000 yuan, if the circumstances
are relatively serious, shall be sentenced to fixed-term imprisonment of not
more than two years or criminal dentention; if the circumstances are
relatively minor, the offender shall be given administrative sanctions at the
discretion of his unit or of the higher competent authorities.

    If two or more persons jointly commit a crime of embezzlement, they shall
be punished separately according to the amount each of them has gained and the
role each of them has played in the crime. The ringleader of an embezzler
group shall be punished according to the total amount of money the group has
embezzled; the other principal offenders in a joint crime of embezzlement, if
the circumstances are serious, shall be punished according to the total amount
of money they have jointly embezzled.

    Whoever repeatedly commits crimes of embezzlement and goes unpunished
shall be punished according to the accumulated amount of money he has
embezzled.

    3. State personnel, personnel of collective economic organizations or
other personnel handling or administering public property, who, by taking
advantage of their office, misappropriate public funds for their own use or
for conducting illegal activities, or misappropriate a relatively large amount
of public funds for conducting activities to reap profits, or misappropriate a
relatively large amount of public funds and fail to return it after three
months, shall be guilty of misappropriation of public funds and shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention; if the circumstances are serious, the offerder shall be sentenced
to fixed-term imprisonment of not less than five years. Whoever
misappropriates a relatively large amount of public funds and fails to return
it shall be punished for the crime of embezzlement.

    Whoever misappropriates for his own use funds and materials allocated for
disaster relief, emergency rescue, flood prevention and control, the care of
disabled servicemen and the families of revolutionary martyrs and servicemen,
and social relief shall be given a heavier punishment.

    Whoever misappropriates public funds for illegal activities and commits
other crimes shall be punished in accordance with the provisions regarding the
combined punishment for several crimes.

    4. State personnel, personnel of collective economic organizations or
other personnel in public service, who, by taking advantage of their office,
ask for other people's property, or illegally accept other people's property
and secure advantages for them, shall be guilty of the acceptance of bribes.

    Whoever conspires with state personnel, personnel of collective economic
organizations or other personnel in public service to accept bribes shall be
punished as an accomplice in the crime.

    State personnel, personnel of collective economic organizations or other
personnel in public service who, in their economic activities, in violation of
state provisions, accept commissions and service charges offered in various
names for their own possession shall be punished for acceptance of bribes.

    5. Whoever has committed the crime of acceptance of bribes shall, on the
basis of the amount of property accepted and the seriousness of the
circumstances, be punished in accordance with the stipulations under item 2 of
the present Provisions; whoever accepts bribes worth less than 10,000 yuan and
causes major losses to the interests of the state or the collective shall be
sentenced to fixed-term imprisonment of not less than ten years; whoever
accepts bribes worth not less than 10,000 yuan and causes major losses to the
interests of the state or the collective shall be sentenced to life
imprisonment or the death penalty and confiscation of property as well.
Whoever asks for bribes shall be given a heavier punishment.

    Whoever accepts bribes for illegal activities and thus commits other
crimes shall be punished in accordance with the provisions regarding the
combined punishment for several crimes.

    6. Enteprises and institutions under ownership by the whole people, state
organs and public organizations that ask for and accept other person's
property and secure advantages for such persons, if the circumstances are
serious, shall be sentenced to a fine, and the persons directly in charge and
other persons directly responsible for the crime shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention.

    7. Whoever, for the purpose of seeking illegitimate interests, gives
property to state personnel, personnel of collective economic organizations or
other personnel in public service shall be guilty of bribing.

    Whoever, in economic activities, violating the relevant provisions of the
state, gives property of a large quantity or value to state personnel,
personnel of collective economic organizations or other personnel in public
service, or gives, in violation of the relevant provisions of the state,
commissions and service charges to state personnel, personnel of collective
economic organizations or other personnel in public service, shall be punished
for the crime of bribing.

    A person who, being extorted, gives property to state personnel, personnel
of collective economic organizations or other personnel in public service and
gains no illegitimate interests shall not be deemed to have bribed.

    8. Whoever commits the crime of bribing shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention; whoever bribes
to seek illegitimate interests, if the circumstances are serious, or if major
losses are caused to the state or the collective, shall be sentenced to
fixed-term imprisonment of not less than five years; if the circumstances are
especially serious, the offender shall be sentenced to life imprisonment and
confiscation of property.

    Those bribers who, before they are prosecuted, voluntarily confess their
bribery may be given a mitigated punishment or exempted from criminal
punishment.

    Those who bribe for illegal activities and thus commit other crimes shall
be punished in accordance with the provisions regarding the combined
punishment for several crimes.

    9. Enterprises, institutions, state organs and public organizations that
bribe to seek illegitimate interests or, in violation of the relevant
provisions of the state, give commissions and service charges to state
personnel, personnel of collective economic organizations or other personnel
in public service shall, if the circumstances are serious, be sentenced to a
fine, and the persons directly in charge and other persons directly
responsible for the crime shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention. Those who obtain illegal gains for
personal possession from the bribes offered shall be punished in accordance
with item 8 of the present Provisions.

    10. State personnel who, in their contacts with foreigners, accept gifts
and do not hand them over to the state, if they are required to do so in
accordance with the relevant provisions of the state, shall be deemed to have
committed the crime of embezzlement, if the gifts involve a relatively large
volume or value.

    11. State personnel whose property or expenditure apparently exceeds
their lawful earnings may be ordered to explain the sources of their property,
if the difference is enormous. If they fail to prove that the sources are
legitimate, the amount of property that exceeds their lawful earnings shall be
deemed as illegal gains, and they shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention, and be
concurrently or exclusively sentenced to confiscation of the part of property
that exceeds their lawful earnings.

    State personnel shall report to the state their bank savings in other
countries in accordance with the relevant provisions of the state. Whoever has
a relatively large amount of such savings and do not report them to the state
shall be sentenced to fixed-term imprisonment of not more than two years or
criminal detention; if the circumstances are relatively minor, the offender
shall, in the light of the circumstances, be given administrative sanctions by
his unit or by the higher competent authorities.

    12. The embezzled or misappropriated public property shall all be
recovered; property accepted as bribes and other illegal gains shall all be
confiscated.

    The embezzled or misappropriated property that have been recovered shall
be returned to the units where they came from. Anything that, according to
law, should not be returned to the units where they came from shall be turned
over to the State Treasury. Earnings gained from confiscated property shall
all be turned over to the State Treasury.

    13. The present Provisions shall come into force as of the date of
promulgation.