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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) |
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