承诺斡旋并收钱但未实施斡旋是否为受贿既遂

Core Viewpoint - The article discusses the legal classification of a case involving a public official, highlighting the distinction between bribery and fraud in the context of influence peddling [1][2][3]. Group 1: Case Overview - The case involves a public official (甲) who accepted 1 million yuan from a private entrepreneur (乙) in exchange for a promise to influence another official (丙) to assist乙 in avoiding criminal charges [1][2]. - There are three differing opinions on how to classify 甲's actions: as fraud, as attempted bribery, or as completed bribery [2][3]. Group 2: Legal Framework - According to Article 388 of the Criminal Law, public officials who use their position to obtain improper benefits for others and accept money can be charged with bribery, specifically influence peddling [2][5]. - Influence peddling is not a separate crime but a form of bribery that protects the integrity of public officials' duties [2][4]. Group 3: Analysis of Actions - 甲's actions meet the criteria for using his position to provide improper benefits, as he had the potential to influence丙 due to their relationship [3][5]. - The payment of 1 million yuan was based on 乙's trust in 甲's influence, indicating a direct relationship between the payment and 甲's position [6]. Group 4: Conclusion - The article concludes that 甲's acceptance of the payment, despite not having communicated with丙, constitutes completed influence peddling, as the act of accepting the money itself indicates a breach of duty [6].