China Releases Judicial Interpretation Clarifying Application of Law to Criminal Bribery Cases

China Releases Judicial Interpretation Clarifying Application of Law to Criminal Bribery Cases

April 2016, Covington Alert

On April 18, 2016, the Chinese government released a judicial interpretation that clarifies certain aspects of the PRC Criminal Law with regard to bribery and corruption. The Interpretation provides additional clarity in understanding the amendments to the Criminal Law that took effect last year, most notably by (1) expanding the definition of bribes to include certain intangible benefits, (2) clarifying that gifts of money or property will still be viewed as bribes when given after benefits are received, (3) re-establishing monetary thresholds and standards for bribery prosecutions, including raising the thresholds for bribes involving government officials and non-government officials, and (4) providing additional details on the requirements for leniency and voluntary disclosure.