[Key words] criminal / bribery / huge amount / Liaoning Provincial Supervision Commission / surrender / mitigated punishment
[introduction to the lawyer of this case] Fu zanru is a lawyer of Liaoning Tongfang law firm. He is mainly engaged in legal business of criminal procedure. He has served as the defense lawyer for the defendants in major criminal cases such as Wang, the former assistant general manager of China Gold Group Corporation, Wang, the deputy director of a government relocation office, and Jin, the principal criminal in the smuggling of precious metals case. At the same time, it provides perennial legal services for Shenyang land reserve service center, Liaoning Branch of Taiping Life Insurance Co., Ltd. and Shenyang Alcatel Telecom Co., Ltd.
[key points of judgment] after the defendant arrived at the case, he not only truthfully confessed some of the criminal facts mastered by the case handling organ, but also frankly confessed other criminal facts not mastered by the case handling organ. He surrendered himself and could be given a mitigated punishment according to law; Those who can recognize the illegality of the behavior, have always confessed and repented since they came to the case, voluntarily return the stolen money involved in the case in full, and actively pay the fine can be given a lighter punishment as appropriate.
[basic case] the defendant Wang was detained by the Liaoning Provincial Supervisory Committee on July 13, 2018. He was arrested on October 12, 2018 for suspected bribery. The people's Procuratorate of Dadong District of Shenyang accused the defendant Wang, while serving as the president and Secretary of the Party committee of a certain university, of taking advantage of his position to seek benefits for Fang and Chen in contracting infrastructure projects, settling project costs, solving the establishment of enterprises, and mobilizing work. He illegally received or demanded the property given by the above-mentioned personnel for many times, with a total value of 443562100 yuan, which was particularly huge.
[judgment result] 1. The defendant Wang committed the crime of accepting bribes, and was sentenced to four years and six months of fixed-term imprisonment, with a fine of 800000 yuan (paid);
2. The stolen money of 4.435621 million yuan was seized, confiscated according to law and turned over to the state treasury.
[reason for judgment] the defendant Wang, as a national staff member, took advantage of his position to seek benefits for others, and received or demanded a total of 443562100 yuan of other people's property. The amount was especially huge. His behavior has constituted the crime of accepting bribes, and he should be punished severely for the bribery. After being notified and accompanied to the case, the staff of Wang's brokerage inspection team not only truthfully confessed some of the criminal facts mastered by the case handling organ, but also frankly confessed other criminal facts not mastered by the case handling organ. It was a voluntary surrender and could be mitigated according to law. Wang was able to recognize the illegality of his behavior, and since he came to the case, he has always pleaded guilty and repented, voluntarily returned the stolen money involved in the case in full, and actively paid a fine. He can be given a lighter punishment as appropriate.
[relevant law] Article 385 of the criminal law of the people's Republic of China [crime of accepting bribes] a state functionary who takes advantage of his position to ask for property from others, or illegally accepts property from others to seek benefits for others, is a crime of accepting bribes.
Any state functionary who, in violation of state regulations, accepts kickbacks and service charges in various names in economic exchanges and belongs to himself shall be punished as accepting bribes.
Article 67 a person who voluntarily surrenders to the police after committing a crime and truthfully confesses his crime is a person who voluntarily surrenders. A criminal who voluntarily surrenders may be given a lighter or mitigated punishment. Among them, those who commit relatively minor crimes may be exempted from punishment.
If a suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses his other crimes that the judicial organ has not yet mastered, he shall be regarded as having surrendered.
If a suspect does not have the circumstances of voluntary surrender as prescribed in the preceding two paragraphs, but truthfully confesses his crime, he may be given a lighter punishment; If he truthfully confesses his crime and avoids especially serious consequences, he may be given a mitigated punishment.
Article 3 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of laws in handling criminal cases of corruption and Bribery: if the amount of corruption or bribery is more than 3 million yuan, it shall be recognized as "the amount is especially huge" as stipulated in paragraph 1 of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty, and shall also be fined or confiscated of property.
If the amount of embezzlement is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances specified in paragraph 2 of Article 1 of this interpretation is involved, it shall be recognized as "other especially serious circumstances" specified in paragraph 1 of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated of property.
If the amount of bribes accepted is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances specified in paragraph 3 of Article 1 of this interpretation is involved, it shall be recognized as "other especially serious circumstances" specified in paragraph 1 of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty, and shall also be fined or confiscated of property.
Article 19: whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of corruption or bribery shall also be fined not less than 100000 yuan but not more than 500000 yuan; If a person is sentenced to fixed-term imprisonment of not less than three years but not more than ten years, he shall also be fined not less than 200000 yuan but not more than twice the amount of the crime, or his property shall be confiscated; If a person is sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, he shall also be fined not less than 500000 yuan but not more than twice the amount of the crime, or his property shall be confiscated.
For other crimes of corruption and bribery that are subject to a fine under the criminal law, a fine of not less than 100000 yuan but not more than twice the amount of the crime shall be imposed.
[lawyer's point of view] i. Wang has legal leniency and mitigated punishment circumstances such as voluntary surrender, voluntary confession, voluntary return of stolen goods, and voluntary payment of fines
First of all, the fact that Wang voluntarily confessed that he accepted the property of the teachers and their relatives of the school, the property of the project contractor and the property of the receiving party are facts that the Liaoning Provincial Supervision Committee has not yet mastered, which conforms to the provisions of the law on the circumstances of voluntary surrender; Secondly, after being detained, Wang voluntarily confessed all the facts alleged in the indictment, which conforms to the provisions of the law on voluntary and voluntary confession; Third, after Wang came to the case, he always had a good attitude of pleading guilty, and his confession was stable before and after. He and the briber's statements can confirm each other, which conforms to the provisions of the law on truthful confession; Fourth, Wang has entrusted his family members to return all the stolen money. During the detention investigation and the court trial, he has repeatedly expressed his willingness to pay the fine and accept the punishment, showing sincere repentance. Wang's confession stage is early, the degree is high, the attitude is good, and the repentance is true. In combination with Wang's surrender plot, repentance performance and the case of the same kind of crime, we think that he should be given a lighter and mitigated punishment.
2、 The defender suggested that Wang be sentenced to a fixed-term imprisonment of less than 10 years
The defender looked up relevant precedents and believed that Wang had legal and discretionary circumstances of lighter and mitigated punishment, such as surrender, confession, truthful confession and voluntary confession. Therefore, it was suggested that he should be sentenced to fixed-term imprisonment of less than 10 years.
The highlight of this case is that it took only eight months for Wang to be detained by the Liaoning Provincial supervisory committee until the sentence was pronounced. The Court adopted all the defense opinions of the defender and recognized all the legal and discretionary circumstances of lighter and mitigated punishment of Wang, which fully reflected the principle of matching the crime with the punishment, and paying equal attention to punishment and education. Wang's confession and conviction made the case achieve a good unity of social and legal effects.
[introduction to the lawyer of this case] Fu zanru is a lawyer of Liaoning Tongfang law firm. He is mainly engaged in legal business of criminal procedure. He has served as the defense lawyer for the defendants in major criminal cases such as Wang, the former assistant general manager of China Gold Group Corporation, Wang, the deputy director of a government relocation office, and Jin, the principal criminal in the smuggling of precious metals case. At the same time, it provides perennial legal services for Shenyang land reserve service center, Liaoning Branch of Taiping Life Insurance Co., Ltd. and Shenyang Alcatel Telecom Co., Ltd.
[key points of judgment] after the defendant arrived at the case, he not only truthfully confessed some of the criminal facts mastered by the case handling organ, but also frankly confessed other criminal facts not mastered by the case handling organ. He surrendered himself and could be given a mitigated punishment according to law; Those who can recognize the illegality of the behavior, have always confessed and repented since they came to the case, voluntarily return the stolen money involved in the case in full, and actively pay the fine can be given a lighter punishment as appropriate.
[basic case] the defendant Wang was detained by the Liaoning Provincial Supervisory Committee on July 13, 2018. He was arrested on October 12, 2018 for suspected bribery. The people's Procuratorate of Dadong District of Shenyang accused the defendant Wang, while serving as the president and Secretary of the Party committee of a certain university, of taking advantage of his position to seek benefits for Fang and Chen in contracting infrastructure projects, settling project costs, solving the establishment of enterprises, and mobilizing work. He illegally received or demanded the property given by the above-mentioned personnel for many times, with a total value of 443562100 yuan, which was particularly huge.
[judgment result] 1. The defendant Wang committed the crime of accepting bribes, and was sentenced to four years and six months of fixed-term imprisonment, with a fine of 800000 yuan (paid);
2. The stolen money of 4.435621 million yuan was seized, confiscated according to law and turned over to the state treasury.
[reason for judgment] the defendant Wang, as a national staff member, took advantage of his position to seek benefits for others, and received or demanded a total of 443562100 yuan of other people's property. The amount was especially huge. His behavior has constituted the crime of accepting bribes, and he should be punished severely for the bribery. After being notified and accompanied to the case, the staff of Wang's brokerage inspection team not only truthfully confessed some of the criminal facts mastered by the case handling organ, but also frankly confessed other criminal facts not mastered by the case handling organ. It was a voluntary surrender and could be mitigated according to law. Wang was able to recognize the illegality of his behavior, and since he came to the case, he has always pleaded guilty and repented, voluntarily returned the stolen money involved in the case in full, and actively paid a fine. He can be given a lighter punishment as appropriate.
[relevant law] Article 385 of the criminal law of the people's Republic of China [crime of accepting bribes] a state functionary who takes advantage of his position to ask for property from others, or illegally accepts property from others to seek benefits for others, is a crime of accepting bribes.
Any state functionary who, in violation of state regulations, accepts kickbacks and service charges in various names in economic exchanges and belongs to himself shall be punished as accepting bribes.
Article 67 a person who voluntarily surrenders to the police after committing a crime and truthfully confesses his crime is a person who voluntarily surrenders. A criminal who voluntarily surrenders may be given a lighter or mitigated punishment. Among them, those who commit relatively minor crimes may be exempted from punishment.
If a suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses his other crimes that the judicial organ has not yet mastered, he shall be regarded as having surrendered.
If a suspect does not have the circumstances of voluntary surrender as prescribed in the preceding two paragraphs, but truthfully confesses his crime, he may be given a lighter punishment; If he truthfully confesses his crime and avoids especially serious consequences, he may be given a mitigated punishment.
Article 3 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of laws in handling criminal cases of corruption and Bribery: if the amount of corruption or bribery is more than 3 million yuan, it shall be recognized as "the amount is especially huge" as stipulated in paragraph 1 of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty, and shall also be fined or confiscated of property.
If the amount of embezzlement is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances specified in paragraph 2 of Article 1 of this interpretation is involved, it shall be recognized as "other especially serious circumstances" specified in paragraph 1 of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated of property.
If the amount of bribes accepted is more than 1.5 million yuan but less than 3 million yuan, and one of the circumstances specified in paragraph 3 of Article 1 of this interpretation is involved, it shall be recognized as "other especially serious circumstances" specified in paragraph 1 of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty, and shall also be fined or confiscated of property.
Article 19: whoever is sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of corruption or bribery shall also be fined not less than 100000 yuan but not more than 500000 yuan; If a person is sentenced to fixed-term imprisonment of not less than three years but not more than ten years, he shall also be fined not less than 200000 yuan but not more than twice the amount of the crime, or his property shall be confiscated; If a person is sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, he shall also be fined not less than 500000 yuan but not more than twice the amount of the crime, or his property shall be confiscated.
For other crimes of corruption and bribery that are subject to a fine under the criminal law, a fine of not less than 100000 yuan but not more than twice the amount of the crime shall be imposed.
[lawyer's point of view] i. Wang has legal leniency and mitigated punishment circumstances such as voluntary surrender, voluntary confession, voluntary return of stolen goods, and voluntary payment of fines
First of all, the fact that Wang voluntarily confessed that he accepted the property of the teachers and their relatives of the school, the property of the project contractor and the property of the receiving party are facts that the Liaoning Provincial Supervision Committee has not yet mastered, which conforms to the provisions of the law on the circumstances of voluntary surrender; Secondly, after being detained, Wang voluntarily confessed all the facts alleged in the indictment, which conforms to the provisions of the law on voluntary and voluntary confession; Third, after Wang came to the case, he always had a good attitude of pleading guilty, and his confession was stable before and after. He and the briber's statements can confirm each other, which conforms to the provisions of the law on truthful confession; Fourth, Wang has entrusted his family members to return all the stolen money. During the detention investigation and the court trial, he has repeatedly expressed his willingness to pay the fine and accept the punishment, showing sincere repentance. Wang's confession stage is early, the degree is high, the attitude is good, and the repentance is true. In combination with Wang's surrender plot, repentance performance and the case of the same kind of crime, we think that he should be given a lighter and mitigated punishment.
2、 The defender suggested that Wang be sentenced to a fixed-term imprisonment of less than 10 years
The defender looked up relevant precedents and believed that Wang had legal and discretionary circumstances of lighter and mitigated punishment, such as surrender, confession, truthful confession and voluntary confession. Therefore, it was suggested that he should be sentenced to fixed-term imprisonment of less than 10 years.
The highlight of this case is that it took only eight months for Wang to be detained by the Liaoning Provincial supervisory committee until the sentence was pronounced. The Court adopted all the defense opinions of the defender and recognized all the legal and discretionary circumstances of lighter and mitigated punishment of Wang, which fully reflected the principle of matching the crime with the punishment, and paying equal attention to punishment and education. Wang's confession and conviction made the case achieve a good unity of social and legal effects.
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