Middlemen in bribe cases also face punishment

China has issued a judicial interpretation to strengthen its fight against subtle and indirect forms of corruption, focusing on a comprehensive strategy that targets all aspects and participants involved.

Released jointly by the Supreme People's Court and the Supreme People's Procuratorate on Friday, the interpretation clarifies that intermediaries who connect bribe givers with civil servants are committing a crime. If a bribe to an individual exceeds 100,000 yuan ($14,640), or a bribe to an organization exceeds 500,000 yuan, the broker's actions will be considered a "serious" offense, potentially resulting in a prison sentence of up to three years or detention, along with a fine, in accordance with the Criminal Law.

Xu Hao, a lawyer at Beijing Jingsh Law Firm, said intermediaries often facilitate communication and the execution of bribery between those offering bribes and officials in power.

"However, these middlemen are not easily detected in legal practice because they do not directly give or accept bribes," he said.

"For instance, if someone seeks a favor from an official in the education system, they might use an intermediary to communicate the request, arrange a meeting with the official or even entrust the broker to deliver the bribe," Xu said. "This is a form of covert corruption, where transactions of power and money appear legitimate on the surface but are, in fact, corrupt dealings."

Xu said the interpretation, which will take effect on May 1, will pose a deterrent to intermediaries and help crack down on every link in the corruption chain.

Zhao Li, another lawyer at the firm, said the interpretation reflects China's firm stance and ongoing anti-corruption efforts.

"Officials who accept bribes, individuals who offer them and intermediaries who facilitate these transactions all need to face punishment," Zhao said. "This reflects our country's anti-corruption efforts, which leave no stone unturned, achieving zero tolerance and comprehensive coverage."

Both lawyers said the interpretation will help prosecutors and judges nationwide apply the Criminal Law more accurately and handle related cases more efficiently.

Under the law, civil servants who fail to report substantial overseas deposits face a sentence of up to two years or detention. The new interpretation specifies that a substantial amount refers to deposits of 3 million yuan or more.

The interpretation also stipulates that items of uncertain authenticity, such as jewelry, jade, calligraphy, paintings, watches and precious metals, should undergo appraisal. Items with an unknown market price should also be subject to valuation.