全国人民代表大会常务委员会关于惩治贪污罪贿赂罪的补充规定 SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOP

rcumstances are serious， be sentenced to a fine， and the persons directly in charge and other persons directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Those who obtain illegal gains for personal possession from the bribes offered shall be punished in accordance with item 8 of the present Provisions.

　　10. State personnel who， in their contacts with foreigners， accept gifts and do not hand them over to the state， if they are required to do so in accordance with the relevant provisions of the state， shall be deemed to have committed the crime of embezzlement， if the gifts involve a relatively large volume or value.

　　11. State personnel whose property or expenditure apparently exceeds their lawful earnings may be ordered to explain the sources of their property， if the difference is enormous. If they fail to prove that the sources are legitimate， the amount of property that exceeds their lawful earnings shall be deemed as illegal gains， and they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention， and be concurrently or exclusively sentenced to confiscation of the part of property that exceeds their lawful earnings.

　　State personnel shall report to the state their bank savings in other countries in accordance with the relevant provisions of the state. Whoever has a relatively large amount of such savings and do not report them to the state shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention； if the circumstances are relatively minor， the offender shall， in the light of the circumstances， be given administrative sanctions by his unit or by the higher competent authorities.

　　12. The embezzled or misappropriated public property shall all be recovered； property accepted as bribes and other illegal gains shall all be confiscated.

　　The embezzled or misappropriated property that have been recovered shall be returned to the units where they came from. Anything that， according to law， should not b

e returned to the units where they came from shall be turned over to the State Treasury. Earnings gained from confiscated property shall all be turned over to the State Treasury.

　　13. The present Provisions shall come into force as of the date of promulgation

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