The National People’s Congress Standing Committee adopted new amendments to the Criminal Law on 29 August, which became effective on 1 November. The ninth since the law’s passing in 1979, the amendments introduce stricter provisions on bribery. Under the new regime, individuals and companies involved in corrupt activities will be subject to tougher sanctions.
Business implications
The amendment provides for a new crime of bribery, setting out that individuals or entities can be prosecuted for giving bribes to former public officials or to immediate relatives of, or any person close to, the incumbent or former public officials in order to secure any illegitimate benefits.
“Entities” here includes state organs, organizations, institutions, enterprises or companies. As a result, companies and their business relationships with persons closely connected to, or those previously in, public office will be under greater scrutiny. They may be found guilty of providing money or property to these persons – which previously was not considered a criminal offence.
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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mailing Danian Zhang (Shanghai) at: danian.zhang@bakermckenzie.com
