Giving gifts during the New Year is an important part of our human relations, and the most important thing is to give gifts to leaders, because there are many things that need to be taken into account. If colleagues give gifts to the leader, only Xiao Zhang does not give it, even if the leader does not have any displeasure, Xiao Zhang will definitely be uneasy; If colleagues don't give gifts, only Xiao Zhang gives gifts, even if colleagues don't have ideas, Xiao Zhang will feel isolated.
In view of the sensitive topic of whether holiday gifts involve bribery, many people are thinking about "curve gift-giving", such as the recent popularity of giving red envelopes to leaders' children or New Year's money. But isn't it really a bribe to give a red envelope or New Year's money to a leader's child? Let's first take a look at the law's interpretation of bribery**.
According to the provisions of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Bribery", whoever offers bribes to state functionaries in the amount of 30,000 yuan or more for the purpose of seeking improper benefits shall be investigated for criminal responsibility for the crime of offering bribes in accordance with the provisions of Article 390 of the Criminal Law.
The constitutive elements of the crime of offering bribes mainly include: the subject of the crime of offering bribes is a general subject; The subjective aspect is that of direct intent; The object of the violation is the integrity of the duties of State functionaries and the normal activities of the economic management of the State; The objective aspect is embodied in the act of giving money or property to state functionaries in order to seek improper benefits, or giving kickbacks and fees in various names to state functionaries in economic transactions.
For example: Xiao Zhang's leader Wang has a wife, **three, of which the wife has two children, one boy and one girl, and one child each. So if Xiao Zhang gives a red envelope to the child of the leader Wang to send the New Year's money, he has to give five shares, if it is a New Year's money of 50,000 yuan, the total is 250,000 yuan.
In monetary terms, this satisfies the criterion for conviction, but on a subjective level, it is not. If Xiao Zhang just wants to give the leader's children some New Year's money, without any other requirements, and does not need the leader to "take care of one or two" in official affairs, it really does not constitute the crime of bribery. However, if the unit is carrying out some promotion selections, and the leader Wang happens to be the main person in charge, and Xiao Zhang's behavior makes Wang directly "take special care" in the selection, it is very likely that he will be convicted of bribery after the incident.
In reality, there are still relatively few people who have so much money that they give gifts as charity, and most people must have a plan for giving so much money, so it is easy to gather the conditions for bribery and send themselves in. Therefore, everyone must think twice when giving or receiving gifts, and avoid being handcuffed in what should be a lively festival.
So let's expand it, is it considered a bribe for a leader to send money to a subordinate? This is a big controversy, because it is relatively rare and special for leaders to send money to their subordinates, and most of them are similar to remuneration and commissions. However, from a legal point of view, the crime of bribery is not designated as a subordinate to a superior, that is, all acts that meet the conditions for conviction are bribery.