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在受贿罪办理的司法实务中,退交收受财物的现象时有发生,对此种行为如何认定及处理却认识不一。收受财物及时退交行为只能限定于不构成受贿罪的行为,其主观上不存在受贿故意,客观上存在合理的阻却事由并存在实际的退交行为。在对收受财物及时退交行为的司法认定上要注重对阻却事由真实性、合理性与及时性的审查。只要行为人在阻却事由消除后,将财物及时退还请托人或上交有关部门,就应认定为及时退还。
In the judicial practice of accepting bribes, the phenomena of surrender of possession of property have occurred from time to time, but how to identify and deal with this kind of behavior is not the same. Acceptance of property timely rescheduling can only be limited to acts that do not constitute a bribery, subjective there is no purpose of bribery objectively there are reasonable grounds for the resignation and the existence of the actual act of resign. In accepting the timely withdrawal of property judicatory behavior should pay attention to the obstruction of the authenticity, rationality and timeliness of the review. As long as the perpetrator obstructs the cause of elimination, the timely return of property to the trustee or turned over to the relevant departments should be recognized as a timely refund.