How long will Chen Xuyuan be sentenced to more than 15 years, and the death penalty may be small

On January 29, Beijing time, Chen Xuyuan, the former chairman of the Chinese Football Association, was accused of accepting bribes of more than 81.03 million yuan. So, what sentence is Chen Xuyuan likely to be sentenced to?

Legal Provisions

According to Article 385 of the Criminal Law, "A state functionary who takes advantage of his position to solicit property from others, or illegally accepts property from others to seek benefits for others, is guilty of accepting bribes." ”

Article 383 stipulates: "Whoever commits the crime of embezzlement shall be punished in accordance with the following provisions according to the severity of the circumstances:

(1) Where the amount embezzled is relatively large or there are other more serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and a concurrent fine.

(2) Where the amount embezzled is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine or confiscation of property is to be given.

(3) Where the amount embezzled is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property shall be given; ”

According to the "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Corruption and Bribery":

1. Where the amount of embezzlement or bribery is between 30,000 and 200,000 RMB, it shall be found to be a 'relatively large amount', and a sentence of up to three years imprisonment or short-term detention and a concurrent fine shall be given in accordance with law.

2. Where the amount of embezzlement or bribery is between 200,000 and 3,000,000 RMB, it shall be found to be a 'huge amount', and a sentence of between 3 and 10 years imprisonment and a concurrent fine or confiscation of property shall be given in accordance with law.

3. Where the amount of embezzlement or bribery is 3 million RMB or more, it shall be found to be "an especially huge amount", and a sentence of 10 or more years imprisonment, life imprisonment, or death imprisonment shall be given in accordance with law, and a concurrent fine or confiscation of property.

4. Where the amount of corruption or bribery is especially huge, the circumstances of the crime are especially serious, the social impact is especially heinous, and the interests of the state and the people are especially heavy, the death penalty may be given.

Chen Xuyuan accepted bribes of more than 81.03 million yuan, which of course is a "particularly huge amount", and according to the law, he should be sentenced to more than 10 years in prison, life imprisonment or death.

Judicial Practice

A sentence of more than 10 years in prison, life imprisonment or the death penalty is still somewhat "broad". Judging from specific judicial practice, we may be able to draw a more "precise" possibility.

In April 2017, Cao Jianliao, the former deputy mayor of Guangzhou, accepted bribes of more than 80 million yuan and was sentenced to life imprisonment in the first instance.

In September 2023, Gong Jianhua, former member of the party group and deputy director of the Standing Committee of the Jiangxi Provincial People's Congress, accepted bribes of more than 83.61 million yuan and was sentenced to 15 years in prison in the first instance.

In December 2023, Liu Hongwu, former member of the party group and vice chairman of the People's Government of Guangxi Zhuang Autonomous Region, accepted bribes of more than 83.73 million yuan and was sentenced to 15 years in prison in the first trial.

On January 5, 2024, Xie Jilai, former deputy director of the Standing Committee of the Hebei Provincial People's Congress, accepted bribes of more than 88.7 million yuan and was sentenced to 15 years in prison in the first trial.

To sum up, Chen Xuyuan may be sentenced to at least 15 years in prison, or even life imprisonment, but the possibility of death is very small.