The Supreme People's Court is expected to issue specific
punishments for corruption, bribery and embezzlement of public
funds, a top judicial official said Wednesday.
Currently, no details are stipulated for these three crimes,
Jiang Xingchang, vice-president of the Supreme People's Court, said
at the fifth national criminal trial working conference which ended
on Wednesday.
According to Criminal Law, those who embezzle or take bribes
over 100,000 yuan (US$12,660) will be sentenced to prison sentences
ranging from 10 years to life. If the case is "particularly
serious," the criminals can be sentenced to death and their
property will be confiscated.
Governmental officials embezzling "huge amounts" of public funds
and refusing to return them will be sentenced to terms ranging from
10 years to life.
The Criminal Law does not specify what defines "particularly
serious" and "huge amounts." Furthermore, no penalty measurement
exists.
As a result, similar crimes are punished differently at various
courts. Complaints arise when some corrupt officials are not
punished as heavily as expected.
For example, over half of corrupt officials sentenced to death
by courts across the country have been given a two-year reprieve,
according to a report by the Procuratorial Daily.
Very often, the sentence is commuted to life imprisonment is no
further crimes are committed by the defendant during the reprieve
period. Finally, parole can be granted after 15-20 years behind
bars.
Some analysts believe that the high rate of reprieve is a result
of loose law enforcement. Jiang informed courts at various levels
to strictly tighten use of the reprieve and the reduction of
sentences when dealing with corruption, bribery and
malfeasance.
"Criminals with the same offences should receive the same
punishments. Rich and high-ranking officials should not get
different treatment," the top judicial official stressed.
Jiang also emphasized strengthening the recovering of
ill-begotten money and assets.
(China Daily November 10, 2006)