Clifford Chance
China Releases New Judicial Interpretation on Offering Bribes
1 February 2013
On 26 December 2012, important guidance was provided by the Supreme People’s Court ("SPC") and the Supreme People’s Procuratorate ("SPP") on how China's criminal bribery law is interpreted. The SPC and SPP jointly promulgated the Interpretation of Several Issues Concerning the Application of Law for Handling Criminal Cases of Bribery (the "Interpretation") which became effective on January 1, 2013. While the Interpretation primarily concerns bribes offered by individuals to government officials under Article 389 and 390 of the Criminal Law, there are also significant provisions regarding entities who offer bribes. Monetary thresholds for criminal prosecution, as well as guidance on voluntary disclosures and key definitions are provided in the Interpretation.
In this client briefing, we discuss the new Interpretation and offer a translation for your reference.
