Compiled from: Qingdao Intermediate Court
 
Case review
On November 3, 2023, the Qingdao Intermediate People's Court in Shandong Province publicly sentenced Zhang Xueqing, former Deputy Party Secretary and Deputy President of China Construction Bank Shenzhen Branch, in the first instance for bribery. The defendant Zhang Xueqing was sentenced to 13 years and six months in prison and fined 4 million yuan. The illicit gains and their proceeds from Zhang Xueqing's bribery, which were seized, were confiscated and turned over to the state treasury.

 

The Qingdao Intermediate People's Court found through trial that from the Spring Festival of 2000 to the Spring Festival of 2022, the defendant Zhang Xueqing, taking advantage of his positions as Deputy Party Secretary, Party Committee Member, and Deputy President of China Construction Bank Shenzhen Branch, as well as Vice President of CCB International (Holdings) Limited, and the convenience formed by his authority or status, provided assistance to relevant units and individuals in loan approvals, children's employment, and other matters, and illegally accepted property directly or through others, totaling over 41.54 million yuan.
 
The Qingdao Intermediate People's Court held that the defendant Zhang Xueqing, as a state functionary, used his position to seek benefits for others; used the convenience formed by his authority or status to seek improper benefits for others through the actions of other state functionaries, and illegally accepted property from others in an especially large amount, constituting the crime of bribery. Given that Zhang Xueqing had circumstances such as confessing, voluntarily returning all illegal gains, and admitting guilt and accepting punishment, he was given a lighter punishment according to law. The court thus made the above judgment.
 
 
"Criminal Law of the People's Republic of China"
Article 184: Crime of Bribery by Non-State Functionaries
If an employee of a bank or other financial institution, in the course of financial business activities, demands or illegally accepts property from others to seek benefits for them, or, in violation of state regulations, accepts various forms of rebates or handling fees for personal possession, they shall be convicted and punished in accordance with Article 163 of this Law.
The crime of bribery refers to: if an employee of a state-owned financial institution or a person assigned by a state-owned financial institution to a non-state-owned financial institution to perform public duties commits the acts described in the preceding paragraph, they shall be convicted and punished in accordance with Articles 385 and 386 of this Law.
 
 
[1] The author's perspective
The objective elements of the crime of bribery by non-state functionaries include: (1) taking advantage of one's position; (2) demanding or illegally accepting property from others; (3) seeking benefits for others; (4) involving a relatively large or large amount. These four elements must all be present simultaneously, but whether the benefit is actually obtained or whether it is legitimate does not affect the establishment of this crime. Additionally, if an employee of a company, enterprise, or other unit, in the course of economic transactions, takes advantage of their position, violates state regulations, and accepts various forms of rebates or handling fees for personal possession, they shall be convicted and punished for the crime of bribery by non-state functionaries.
 
Banks are important financial institutions in China, and the management personnel of various branches are crucial to financial order and national social stability. In recent years, China has strictly cracked down on corruption to regulate industry order and create a better environment for national economic development.