Don’t give money or cards to investigators, law enforcers: offering bribes is a crime, and bribing oversight, law enforcement, and judicial staff is punished even more severely.

40. Don’t give money or cards to investigators, law enforcers: offering bribes is a crime, and bribing oversight, law enforcement, and judicial staff is punished even more severely.

Cost: No cost at all — you just have to refrain from doing it.

In plain terms: “Paying a little money to smooth things over” is a standalone offense under criminal law; those arrested are not only the recipients of the bribes. Offering bribes carries a sentence of up to 3 years in prison; for more serious cases, the term is 3 to 10 years, and for especially grave cases, over 10 years or even life imprisonment. Bribing oversight, administrative law enforcement, and judicial staff falls under the explicitly stipulated category of aggravated offenses. However, if someone is coerced into paying money but fails to obtain any improper benefits, this does not count as bribery.

Benefit: Article 389 of the Criminal Law defines bribery as “offering property to state functionaries with the intent to obtain improper benefits.” The same article also states that “in economic transactions, offering relatively large amounts of property to state functionaries in violation of state regulations, or providing them with rebates or handling fees under various pretexts in breach of state regulations, shall be treated as bribery.” An exception is also outlined: “Offering property to state functionaries under coercion without obtaining any improper benefits does not constitute bribery.” Sentencing guidelines are laid out in Article 390 of the Criminal Law (amended by Amendment XII to the Criminal Law, effective March 1, 2024). It reads: “Those convicted of bribery shall be sentenced to up to 3 years in prison or criminal detention, and also fined; if they obtain improper benefits through bribery, and the circumstances are serious, or if they cause substantial losses to national interests, they shall be sentenced to 3 to 10 years in prison and fined; for especially grave circumstances, or when substantial losses are inflicted on national interests, they shall be sentenced to over 10 years in prison or life imprisonment, and also fined or have their property confiscated.” There are seven circumstances that warrant aggravated sentencing: (1) repeated bribery or offering bribes to multiple people; (2) bribery involving state functionaries; (3) bribery related to national key projects or major undertakings; (4) bribery aimed at securing job promotions or rank adjustments; (5) bribery of oversight, administrative law enforcement, and judicial staff; (6) bribery in sectors such as ecological conservation, finance, work safety, food and drug regulation, disaster prevention and relief, social security, education, and healthcare, which facilitates other illegal acts; (7) using illicit gains to pay bribes. An additional provision allows for mitigated punishment or exemption for those who voluntarily confess to their bribery acts prior to prosecution: “Those who voluntarily confess to bribery prior to being investigated may receive a lighter or mitigated punishment; if their crime is relatively minor, and their confession plays a key role in cracking major cases or leads to significant meritorious service, they may even be exempted from punishment” (nationwide application).

Evidence grade: A

Sources: National People's Congress Standing Committee. Criminal Law of the People's Republic of China (Consolidated text as amended by the Eleventh Amendment to the Criminal Law) Article 389. <https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92>; National People's Congress Standing Committee (2023). Criminal Law of the People's Republic of China Amendment (12) (Item 5, amending Article 390 of the Criminal Law; effective from March 1, 2024). <https://flk.npc.gov.cn/detail?id=ff8081818c3ce31f018cb6a6bc412f55>

Notes: The sole beneficiary of this rule is yourself. Do not expect bribery to exempt you from punishment. These officials have colleagues, official ledgers, surveillance systems, and oversight bodies; any bribes you give become evidence against you when they are investigated, and this type of bribery is explicitly classified as an aggravated offense. If an official demands bribes from you, follow the procedures outlined in Article 39: request a case acceptance receipt on the spot, then report the incident to oversight bodies or disciplinary inspection agencies. The exemption clause in Paragraph 3 of Article 389 of the Criminal Law applies only when you are coerced into paying money and obtain no improper benefits; if you gain any unearned advantages through bribery, this exemption no longer applies. Rules governing “red envelopes” in hospitals are separate, as detailed in Article 11 of Section 24.