Do not pay gifts, cash, or cards to investigators or enforcement officials

Nothing. Do not make the payment.

Criminal Law Article 389 defines bribery as giving property to a state official to obtain an improper benefit. It also covers specified unlawful payments, rebates, or handling fees in economic dealings. Property given under extortion without obtaining an improper benefit is excluded. Article 390, amended by Criminal Law Amendment XII effective 1 March 2024, provides up to three years or criminal detention plus a fine for the basic offense; three to ten years plus a fine for serious circumstances or major state-interest losses; and at least ten years or life, plus a fine or confiscation, for especially serious circumstances or losses. Seven aggravating categories are repeated bribery or bribing multiple people; bribery by a state official; bribery in key national works or major projects; bribery for appointment, rank, promotion, or reassignment; bribery of supervisory, administrative-enforcement, or judicial personnel; bribery connected with unlawful activity in ecology, finance, workplace safety, food and drugs, disaster prevention or relief, social security, education, healthcare, and other specified fields; and use of criminal proceeds for bribery. Voluntary disclosure before prosecution can support lighter or mitigated punishment. Minor offenses, a key contribution to a major investigation, or major meritorious service can support mitigation or exemption under the provision.

Bribery does not reliably remove an existing problem and can create another. Colleagues, records, cameras, and supervision can make your payment evidence in both the recipient’s case and yours. If an official solicits a benefit, preserve documents and the report receipt and use police supervision or disciplinary-supervision channels. The exception requires both extortion and no improper benefit; obtaining something you were not entitled to can defeat it. Hospital gifts and “red envelopes” involve additional rules; see chapter 24, entry 12.

Standing Committee of the National People’s Congress. Criminal Law consolidated through Amendment XI, Article 389. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92; Standing Committee of the National People’s Congress (2023). Criminal Law Amendment XII, item 5 amending Article 390, effective 1 March 2024. https://flk.npc.gov.cn/detail?id=ff8081818c3ce31f018cb6a6bc412f55.