A Study On The Identification Of Joint Crime In The Form Of Taking Bribes By Units

Joint crime in the form of taking bribes by a unit refers to bribe-taking acts conducted deliberately by two or more units or by one or more units and natural persons. There are two circumstances in terms of its forms:the first one is the crime of taking bribes by two or more units,while the second one is the crime of taking bribes by one or more units and natural persons. Because joint crime in the form of taking bribes by a unit involves a wide range of matters,the various negative social effects caused by it have become prominent gradually. Therefore,it bears certain practical significance for the study of the identification of joint crime in the form of taking bribes by a unit,a particular form of the crime of taking bribes. The subject of the joint crime in the form of taking bribes by a unit must be committed by one unit and another unit or natural person or by one unit and more than one unit or natural person. Moreover,at least one unit engaging in a joint crime of taking bribes must be a unit in compliance with statutory conditions. Otherwise,it shall not constitute the joint crime of taking bribes by a unit. The two take part in such crime of taking bribes under separate subject identities with no one being subordinated to the other in the process of committing such crime. In the joint crime in the form of taking bribes by a unit,not only the unit should have the intention of committing the crime of taking bribes through its decision-makers and executors,but also it requires the natural person or unit that commits the crime of taking bribes with the said unit to have liaison between them in order to exchange their criminal intention of taking bribes. In the objective aspect,the joint crime in the form of taking bribes by a unit requires the act of taking bribes to be committed jointly by one unit and another unit or natural person or by one unit and more than one unit or natural person. In the process of committing the crime of taking bribes jointly by units or by a unit and a natural person,the income received from bribe-taking acts that are committed jointly is distributed only between units or between a unit and a natural person. Joint crime in the form of taking bribes by a unit satisfies the basic conditions for unaccomplished crime.If it is identified and analyzed from such aspects,including its preparation,suspension and unaccomplished states,in terms of identifying the monetary amount involved in joint crime in the form of taking bribes by a unit,we should adopt the "theory of total amount involved in a crime",and more particularly,in a joint crime in the form of taking bribes by both a unit and a natural person,the unit,as an accomplice,thoughthe amount taken by it has not reached the prescribed standard for crime of taking bribes by a unit,however,if it can reach such standard after the amount taken by a natural person is included,we should then affirm the conviction of the joint crime in the form of taking bribes by a unit and a natural person. In ascertaining the criminal liabilities for joint crime in the form of taking bribes by a unit,the units or natural persons engaging in such crime can be identified as principal criminal,accomplice and coerced accomplice based on the role played by them in committing the crime,wherein evident differences can be found among them in terms of the factor of criminal will. The principal criminal and accomplice engaging in a joint crime in the form of taking bribes by a unit participate in such criminal acts voluntarily as they are all positively seeking the occurrence of certain harmful consequence in the process of committing such joint crime. Hence their subjective culpability is more serious. However,a coerced accomplice is someone who commits the crime of taking bribes against his or her will while being under duress. In the circumstances of taking bribes by a unit,since only the personnel directly in charge of the unit and the person directly responsible for the unit are punished as according to the existing legal provisions,in general,the coerced accomplice should not be dealt with as someone who has committed a crime.