| The third paragraph of article 382 is an attention provision,rather than a legal fiction. According to this paragraph,any general subject who conspires with a state functionary to engage in the act of accepting bribes should be regarded as joint offender in the crime of accepting bribes. A third person who intentionally accepts the entrusting person' s bribes introduced by a state functionary is the joint offender with state functionary in such a crime. Anyone who help s the offer or acceptance of bribes in any way commits respectively the joint crime of offering or accepting bribes,rather than the crime of introducing bribes. Joint offenders should be responsible for the money accepted in the joint bribery in which they have participated. Related recovery doctrine should be adopted in principle in the recovery of the bribed money. |
京公网安备11010102006664号 京ICP备2023015853号