Is it illegal to buy kickbacks?

Question 1: Is it illegal for private enterprises to take purchasing kickbacks? It is illegal for private companies to collect kickbacks from purchases, depending on the situation. If the kickback company is regarded as his personal salary, it is not illegal. If it is a private interest, it is illegal to exceed a certain amount.

Question 2: Will it be illegal for private buyers to take kickbacks from suppliers? Buyers in private enterprises take kickbacks from suppliers, which constitutes the crime of accepting bribes. According to the second paragraph of Article 163 of the Criminal Law, employees of companies and enterprises who, in violation of state regulations, accept various kickbacks and handling fees in economic exchanges and own them personally shall be punished as accepting bribes. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. Generally, the starting penalty is 5000 yuan.

Question 3: What is the law prohibiting kickbacks? 1, cost

This behavior constitutes a crime of accepting bribes by non-state staff.

2. Foundation

According to Article 163 of the Criminal Law, employees of companies, enterprises or other units who take advantage of their positions to extort or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.

Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges and accept kickbacks and service fees in various names in violation of state regulations, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.

Whoever accepts bribes of more than 5,000 yuan shall be investigated for criminal responsibility.

Three-dimensional sentencing

According to the regulations, whoever accepts bribes of more than 5,000 yuan, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

If the refund is improper, the company has no right to collect it. If the money is given to the company, it is another matter for the company not to investigate and report it. Otherwise, the money will be confiscated by the state as illegal funds. Positive decontamination will be considered when sentencing.

Supplement: If the unit has reported the case, it will definitely be investigated for criminal responsibility. The best result is about three years' imprisonment, and the final result is probation, but it is very difficult.

Question 4: Will a buyer in a private enterprise be sentenced for taking kickbacks? Hello, there is a crime of accepting bribes by non-state staff in our criminal law.

The crime stipulates that, in the second paragraph of Article 163 of the Criminal Law, employees of companies and enterprises who, in violation of state regulations, accept kickbacks and handling fees in various names, which are owned by individuals, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and his property may also be confiscated.

According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Accepting Bribery, Embezzlement and Embezzlement of Public Funds in Violation of Company Law, a large amount refers to asking for bribes or accepting bribes ranging from 5,000 yuan to 20,000 yuan; Huge amount refers to asking for bribes or accepting bribes of more than 654.38+10,000 yuan.

The standard for taking kickbacks of more than 60,000 yuan but less than 100,000 yuan is fixed-term imprisonment of not more than five years or criminal detention.

Those who return it in time may be given a lighter punishment.

Question 5: Is it illegal to give kickbacks to purchasing agents? 1, of course, is illegal.

People's Republic of China (PRC) Anti-unfair Competition Law

Article 8 Business operators shall not bribe the sale or purchase of commodities by property or other means. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes.

When selling or buying goods, business operators can give discounts to each other in an express way and can give commissions to middlemen. If an operator gives a discount to the other party or a commission to the middleman, it must be truthfully recorded. Operators who accept discounts and commissions must record them truthfully.

2. It's not right to want to pay back all the hundreds of thousands of money. Generally speaking, after deducting the losses caused by unfair competition, other payments should still be made. This can be solved according to the relevant provisions of the contract. If it fails for a long time, you can consider entrusting a lawyer to sue.

The omission of this matter may not be evidence of unfair competition. If there is no evidence, it can be handled according to the normal process; If there is evidence, please refer to the above answer.

Question 6: How much kickback is illegal? 1. It depends on your status. If you are a state functionary and illegally accept kickbacks amounting to 5,000 yuan, it may constitute the crime of accepting bribes.

Article 385 of the Criminal Law on the Crime of Bribery A state functionary who takes advantage of his position to extort property from others, or illegally accepts property from others to seek benefits for others, is guilty of accepting bribes.

State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as accepting bribes.

2. If you are a business person, take the kickback and put it on the company account. If you don't keep an account and swallow it yourself, it may constitute the crime of accepting bribes by non-state staff. Article 163 of the Criminal Law: Non-state functionaries accept bribes. Employees of companies, enterprises or other units who take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. Employees of companies, enterprises or other units who, in economic exchanges, take advantage of their positions and violate state regulations, accept kickbacks and service fees in various names and take them for personal possession shall be punished in accordance with the provisions of the preceding paragraph.

Question 7: Is it illegal for private enterprises to accept kickbacks when purchasing? Can you introduce the hidden rules? This is illegal. But so far, I haven't heard of any case in which Daigou was criminally punished for taking kickbacks. Let me tell you something I heard: a private company purchased a Mercedes-Benz for work, and the boss suspected that he took kickbacks, called him to ask questions, and the purchase also confessed. But he said it didn't harm the company's interests, and the boss was very angry and fired. Later, the boss strengthened the supervision of newly hired procurement, but the cost of raw materials rose instead of falling. Because the newly hired procurement can't find a good purchase channel, the boss has to find the original procurement. Some suppliers will give you money and things to keep their customers, even if you don't give them price concessions. There is no private agreement between the two sides, just a tacit understanding. The other is that the two parties agree in advance to give kickbacks according to a certain proportion. Some take the initiative to talk to you, and some passively talk to you at your request. Of course, there are cases where kickbacks are not required. That is, suppliers who are related to the boss or designated by the boss. Those in the seller's market will not give you a rebate. In short, morally speaking, it is best not to be too greedy when eating. It is a long-term solution to make the boss and suppliers get by.

Question 8: Will it be illegal for private buyers to take kickbacks from suppliers? Generally speaking, however, suppliers are willing to give kickbacks to buyers, because this relationship makes business more stable. I'm also a supplier. If I can't do it, I won't do it If I can do it, I will give the buyer a certain rebate. The amount of rebate depends on the profit of the products he buys.

Question 9: Is it illegal to take kickbacks, brother? Don't worry. Ever heard of an intermediary? If you break the law, you should prepare to study in the classroom every day. The normal information introduction fee is reasonable and legal. As long as there is no big shortage of money and tofu in this matter, I won't be angry with you, but in other words, the contract was signed on the premise of mutual recognition. At best, you are a witness and have no responsibility. Let's talk about your remuneration. You're not sure about joining. Don't say I'm sure. If you don't do it, you can't make money without losing money, right? Of course, I believe that the people who do business in company B are very smart and will not give up the small and lose the big. As long as it is profitable, your remuneration will be made clear in advance. Feel free to do it, brother. Fear of hands and feet will only hinder the growth of the top 0 decimal places in your bank card.

Sign, of course.

Question 10: Is it illegal for the seller to ask the seller to raise the price and get the shopping rebate? Crime of bribing non-state staff

Article 164 Whoever gives money or property to the staff of a company, enterprise or other unit for the purpose of seeking illegitimate interests, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.