Central Commission for Discipline Inspection and State Supervision Commission website Li Qinzhen

　　"I regret doing this very much. Sometimes when I think about it, I can't sleep." At the warning education meeting held in Xiangtan City, Hunan Province a few days ago, the public security police watched the warning education film "The Red Line That Shouldn't Be Crossed".

In the play, Guo and Xiao are comrades-in-arms fighting side by side, but driven by greed, they jointly embark on a road of violation of discipline and law.

　　Not long ago, a unilateral traffic accident occurred on the government road section of Yuetang District, Xiangtan City, which caused damage to the vehicle and the green belt along the road. The driver Tan Mou was suspected of drunk driving.

In order to avoid punishment, Tan found Xiao, a policeman from the Yuhu Traffic Police Brigade of Xiangtan City, to help him "in trouble."

Xiao had a good relationship with Guo, the policeman in charge of the case, and asked Guo to hide the blood sample to exempt the driver Tan from criminal punishment.

After the incident, Xiao accepted food from the driver who caused the accident several times, and divided the 20,000 yuan given by Tan into two, of which 9,000 yuan was given to Guo, and the other 11,000 yuan was "accepted" by himself.

After being reported and organizing an investigation, Xiao once negotiated with Guo to exchange the blood sample of the driver in order to counter the organization's review, but Guo was afraid that the matter would be revealed and did not implement it.

　　“Xiao’s opposition to organizational review violates political discipline; accepts banquets and entertainment activities that may affect the fair execution of official duties, violates integrity and discipline; accepts bribes to seek improper benefits for others, and is suspected of breaking the law.” Xiangtan Municipal Commission of Discipline Inspection Yang Zhihai, leader of the Discipline Inspection and Supervision Team of the Public Security Bureau, told reporters.

　　According to the provisions of Article 385 of the Criminal Law, the crime of accepting bribes refers to the act of state functionaries who use the convenience of their positions to solicit property from others, or illegally accept property from others in order to seek benefits for others; Article 392 provides, The crime of introducing bribery refers to the act of introducing bribes to state officials with serious circumstances.

　　In this case, whether Xiao’s suspected violation of the law should be determined as joint bribery or introduction of bribes, which was mainly defined in terms of subjective intention and objective behavior in the review and investigation:

　　From the subjective intentional definition.

The subjective purpose of the perpetrator introducing bribery is to communicate and match for the realization of bribery and bribery. It does not have the purpose of bribery or bribery. The subjective intention of joint bribery is to know that he and the staff of other countries jointly commit the crime of bribery. A subjective mental state that violates the integrity of state staff and hopes that this result will occur.

　　The perpetrator who introduces the bribery is only responsible for bridging the bribery and bribery, and does not seek the benefits of the bribery party, nor seek the benefits of the bribery party. This subjective intention is completely different from the benefits sought by the briber and the bribery .

The subjective intention of the bribery accomplice is consistent with the bribery, and the bribery is a whole, that is, subjectively seeks power for profit.

In this case, in addition to accepting Tan’s bribe of 20,000 yuan, Xiao accepted Tan’s food for many times. After organizing an investigation, he worried that the original blood sample would affect the characterization of the accident, so he proposed to bring the driver Tan to take another blood sample. The idea of ​​exchange, it can be seen that Xiao’s subjective intention is to actively facilitate this with the bribery party Guo.

　　Define from the direction of objective behavior.

Introduction of bribery refers to “the act of communicating the relationship and matching conditions between the briber and the briber, so that the bribery can be realized.” The perpetrator is in the intermediary position and does not stand on the position of either the briber or the bribe. Three people.

In the act of accepting bribes, the third party is not limited to conveying the meaning, and actively participates in the acceptance of bribes.

　　In this case, Xiao did not play an intermediary role in recommending and matching the bribery party and the bribery party to understand and communicate with each other. Instead, he negotiated the terms of the transaction with the bribery party based on his own subjective ideas, and then took advantage of the convenience formed by his power or status to pass The conduct of the staff in other countries is to ask the trustee to seek illegitimate benefits.

In other words, Xiao’s behavior in this case was not to create opportunities for Tan and Guo to communicate and communicate, but to represent the bribery party Tan’s entrustment, transfer the bribery property, and persuade the bribery party Guo to accept, so Xiao’s behavior has been It is not simply the role of a bridge, but has been involved in the specific content of bribery and bribery.

　　It is defined from whether the actor is dependent on the bribery party.

The main body of introducing bribery is a third party that does not rely on the bribery and bribery party, while the accomplices who jointly accept bribes depend on the bribery party.

In this case, Xiao did not exist purely as a "speaker", but actively made suggestions and negotiated terms with the bribery party before communicating with the bribery party.

In other words, the 20,000 yuan "difficult fee" given by the driver Tan was based on Xiao's promise to complete the matter. If the bribery party Guo does not accept it, the transaction cannot be completed, so Xiao is an accomplice attached to the bribery party.

　　In summary, Xiao's suspected illegal act should be determined as joint bribery.

　　In the end, Guo was given a serious warning within the party and administrative demotion for accepting bribes to seek illegitimate benefits for others and resisting organizational review; Xiao was given to stay in the party for accepting bribes and accepting banquets and entertainment activities that might affect the fair execution of official duties Observation for two years, administrative dismissal.