On Determination Of Complice In Bribery

Wanton complicity refers to a crime regulated in the specific provisions of the criminal law that one can implement alone , but implemented together by two people above. The complicity usually said is to mean wanton complicity. The non-national staff members can become the accomplice in bribery crime . Joint bribery crime must require that even' subject has joint intent to take bribes and implements the common act of accepting bribe together, and the act is of variety. The non-national staff members can become the implementing accomplice in bribery crime .Whether there is common intent to take bribes or not is the difference between direct joint bribery and introductive bribery. Family members who know that national staff members take bribes and share with them are not the accomplice in bribery crime . The behavior that family members utilize the identity of national staff members to receive or ask for bribes alone does not constitute bribery crime , should determined as the crime of fraud or the crime of blackmailing according to actual circumstances. A national staff member knows perfectly well that his lover's recept of property has something to do with himself, but he does not ask for or accept property of others directly, and he does not posses the property with his lover in fact too, he does not committ the crime of bribery National staff members and the company , enterprise personnel who take advantage of their posts respectively, make interests for someone and take bribes , should be determined respectively. The most important difference between bribery-pander and taking bribes together is that whether people who take bribes together have joint intent and act of bribery.The unit and national staff member can commit the complicity of unit's bribery crime , but they can not commit the complicity of the bribery crime; In complicity, the unit may only commit unit's bribery crime or it is innocent , its directly responsible person in charge and others liable may commit unit's bribery crime or bribery crime , national staff members can commit unit's bribery crime or bribery crime.In joint crime of bribery, the definite amount of crime which determines criminals responsibility refers to participating number of every actor. In practice , the standard of judgement of accomplishment and unaccomplishment of bribery is whether a crimial receive bribes or not. To determine an act of bribery as unaccomplished, we should consider it in the whole couse of joint bribery, and with three requirements of unaccomplishment of crime. If only a person receives the property ,the joint bribery crime should be regarded as set about. If all implementing criminals carry out act of joint bribery crime.but their act are unaccomplished because of reasons beyond their will, they all commit unaccomplished bribery crime.