Do not pay attention to family style building or "get rid of crime by brother"
Speaking from the case of Chen Ying, former member of the Standing Committee of the County Party Committee and Deputy County Mayor of Fusui County, Guangxi Zhuang Autonomous Region
Special Guest
Wen Zhenning, member of the Standing Committee and Supervisory Committee of Pingxiang Municipal Commission for Discipline Inspection
Liang Danxia, Deputy Director of the Case Trial Office, Chongzuo Discipline Inspection Commission
Hu Jiayang Director of the Third Procuratorial Department of Chongzuo City People's Procuratorate
Nong Wei Chongzuo City Intermediate People's Court Second Criminal Division Post Judge
Editor's note
This is a typical case in which party members and cadres have corrupted their family traditions and used their power to indulge their younger brothers to make money.
In this case, Chen Ying understands that trampling on party discipline and national laws will inevitably pay a heavy price. Therefore, she entered into an offensive and defensive alliance with her younger brother Chen Qi, saying that she was only a lax family education, refused to admit that she was a joint crime, and tried to "get away with her brother.
How did the investigators obtain evidence to prove that the two brothers and sisters had a criminal contact?
Chen Ying did not know the specific amount of bribes Chen Qi accepted from others subjectively, how to determine the amount of bribes he accepted?
Chen Ying's crimes involve corruption in people's livelihood and education. Should they be severely punished?
We specially invite the staff of relevant units to analyze.
Basic case:
Chen Ying, female, a member of the Communist Party of China, was born in June 1980. From June 2013 to January 2019, she served as a member of the Standing Committee of the Fusui County Party Committee, Director of the Propaganda Department, and Deputy County Head of Guangxi Zhuang Autonomous Region.
From April 2014 to April 2018, Chen Ying and Chen Qi took advantage of Chen Ying’s position in charge of education to help Li, the engineering boss who undertook the construction of the educational system infrastructure project in Fusui County (handled separately) and others Afterwards, Chen Qi directly received the benefits or collected benefits and so-called agency fees in the form of receipts and assistance transfers through relevant personnel, totaling more than 12.03 million yuan.
1. Helped Li to undertake educational projects and other projects, and jointly received more than 7.19 million yuan in benefits from Li.
In 2014, Chen Qi suggested to Chen Ying that he wanted to undertake a construction project in Fusui County and transferred it to the project owner for construction in order to profit from it.
Taking advantage of the convenience of being in charge of education, Chen Ying greeted the then director of the Fusui County Education Bureau, the head of the Fusui County Middle School and others in advance, and helped Chen Qi obtain 27 construction projects and 1 teaching equipment procurement project.
According to the prior agreement between Chen Qi and Li, the relevant engineering project was handed over to Li for self-financing and construction.
In the meantime, Chen Qi lied about the need to give the leader a "facilitation fee" or on the grounds of borrowing, he charged Li a facilitation fee at 8% of the contract price of the project agreed in advance.
From July 2015 to September 2016, when Chen Ying purchased real estate in Nanning, Chen Qi asked Chen Qi to pay for the house purchase. Chen Qi paid a total of 810,000 yuan from the benefits received three times and repaid Chen Ying. The bank borrowed 300,000 yuan.
2. Helping others to obtain educational projects through the development of bidding agency business, and receiving benefits from others totaling more than 4.83 million yuan.
In the second half of 2016, Chen Qi proposed to Chen Ying that he wanted to engage in the bidding agency business, and through the bidding agency to collect additional fees from the bidding boss, in order to ensure that the bidders profit from the bidding.
Chen Ying used work convenience to greet relevant personnel and helped Chen Qi obtain the bidding agency business for 64 Fusui County compulsory education balanced development projects in the name of Desheng and Jianhan.
Later, Chen Qi instructed his hired employees Liu Mou and Lu Mou (all handled separately) to contact the project boss who was willing to contract the project as the company’s salesperson to ensure that the project boss Ban and others (involving 26 The project owner (51 projects) charged 2.5%-3.5% of the total contract price of the engineering project bidding agency fee. After deducting the actual bidding agency fee paid to the company, Chen Qi received more than 4.83 million yuan.
Investigation process:
[Initial review and investigation] On November 20, 2018, with the approval of the Chongzuo Municipal Committee, the Chongzuo Discipline Inspection Commission filed a case for investigation and investigation of Chen Ying's suspected serious violations of discipline and law and took lien measures.
[Party Discipline and Government Sanctions] On February 1, 2019, Chen Ying was expelled from the party and from public office.
[Transfer for review and prosecution] On February 1, 2019, Chen Ying was transferred to Chongzuo City People’s Procuratorate for review and prosecution on suspicion of accepting bribes. On the same day, he was criminally detained by Chongzuo City Public Security Bureau; on February 11 of the same year, he passed the Chongzuo City People’s Procuratorate. The procuratorate decided that the Chongzuo City Public Security Bureau would execute the arrest.
On February 14, 2019, the Chongzuo City People's Procuratorate appointed the Daxin County People's Procuratorate to review and prosecute the case.
[Public prosecution] On March 30, 2019, the Daxin County People's Procuratorate filed a public prosecution with the Daxin County People's Court for Chen Ying's alleged bribery crime.
[First Instance Judgment] On September 6, 2019, the Daxin County People's Court ruled that Chen Ying was guilty of accepting bribes, sentenced to 13 years in prison and fined RMB 1.5 million.
Chen Ying refused to accept and filed an appeal.
[Second Instance Ruling] On December 13, 2019, the Chongzuo Intermediate People's Court ruled: dismiss the appeal and uphold the original judgment.
1. Chen Ying believes that her ignorance of Chen Qi's acceptance of bribes is considered lax, but not a joint crime.
Is there any evidence that they have a criminal contact?
Wen Zhenning: From March to April 2018, the inspection team of the Party Committee of the Autonomous Region inspected Fusui County and found that there were a large number of balanced education development projects in Fusui County that were seriously lagging behind. Therefore, the Fusui County Education Bureau was repeatedly conducted. Report and request rectification.
During this period, the Commission for Discipline Inspection of Chongzuo City successively received reports on Chen Ying's suspected bribery and other issues.
Subsequently, the Chongzuo Discipline Inspection Commission conducted a preliminary audit on Chen Ying's suspected violations of discipline and law in accordance with regulations.
After the inspection team retrieved all the educational project materials in Fusui County, it was discovered that Chen Qi had obtained 28 projects and handed them to the businessman Li for construction. Chen Qi was just a person who had no knowledge and had not carried out any project construction before. .
Subsequently, the verification team retrieved the bank transaction details of Chen Ying, Chen Qi, and Li and found that during the construction of the project, Chen Qi and Li had a large amount of funds exchanges, and found that Li had contacted the Fusui County Education Bureau. The behavior of leading cadres to give gifts.
The Chongzuo Supervisory Committee then filed an investigation on Chen Ying, Chen Qi and Li and took lien measures.
Chen Ying argued that she was unaware of Chen Qi's acceptance of bribes from others, and that she was not strictly disciplined, rather than co-accepting bribes with Chen Qi.
However, after interrogating Chen Ying, Chen Qi, and Li, as well as relevant witnesses, the confessions of Li and Chen Qi and the testimony of relevant leaders of the Fusui County Education Bureau can confirm: 1. Chen Ying used his position to help Chen Qi obtain He obtained the bidding agency rights for education engineering projects and balanced development projects in Fusui County. After Li gave Chen Qi a benefit fee of 8% of the total project contract, he obtained the project and carried out construction; 2. Chen Ying used the convenience of his position to pass The relevant leaders of the Education Bureau of Fusui County greeted the designated bidding agency and helped Chen Qi obtain the bidding agency rights for the balanced development project in Fusui County. Chen Qi then arranged for Lu and Liu to ask those who wanted to contract the project in the name of ensuring that the bid was won. The boss charges a fee to ensure that the bid is won.
At the same time, the confessions of Chen Ying, Chen Qi and Li also confirmed that the three of them also formed an offensive and defensive alliance before the incident, in an attempt to oppose the organization's review and investigation.
When Chen Ying bought a house in Nanning, Chen Qi used bribes to help him pay 1.11 million yuan for the house purchase.
All the evidence can confirm each other, confirming that Chen Ying and Chen Qi have the intention and behavior of accepting bribes together.
2. Chen Ying believes that Chen Qi hired personnel in the bidding agency to carry out business activities, and the income he obtained was legal income. What do you think about this?
Liang Danxia: In July and August 2016, Chen Qi believed that the tendering agency risk was low and the money came quickly, so he discussed with Chen Ying and decided to engage in tendering agency work, and Chen Ying helped him get the tendering agency business.
In 2017, Fusui County established a Compulsory Education Balanced Development Project Working Group, which is responsible for directing the preliminary business and bidding of the balanced development project, reviewing and recommending bidding agencies.
Chen Ying took advantage of his position to greet Fang Moumou, the person in charge of the working group, and asked him to assign the tendering agency business of the project to the two tendering agency companies that cooperated with Chen Qi, Desheng and Jianhan.
With the help of Fang XX, Desheng and Jianhan obtained the bidding agency business for the balanced development of education in Fusui County.
Since then, every time a balanced development project requires bidding, the project team staff will hand over the project materials to Chen Qi.
Chen Qi instructed the personnel he hired to contact the project boss who is willing to undertake education balanced development projects as salesmen of Desheng and Jianhan, and charge 2.5%-3.5% of the contract price for the reason of winning the bid.
Part of the fees collected was paid to Desheng and Jianhan as bidding agency fees and construction costs, about 1% of the contract price, and the rest was received by Chen Qi.
After that, Chen Qi won the bid by operating the project boss who helped pay the facilitation fee.
Based on this, Chen Ying believes that Chen Qi’s income is a dividend obtained by Chen Qi in cooperation with the bidding agency. During the bidding agency process, Chen Qi needs to hire personnel to help bidders go through various bidding procedures, so it should be his labor income. .
We believe that in this case, the project owner who is willing to undertake the balanced development of education project, in order to achieve the purpose of ensuring the bid, pay Chen Qi 2.5%-3.5% of the contract price, which is much higher than the normal bidding agency’s fees. The higher part (about 2% of the contract price) is the benefit fee given to Chen Qi.
After Chen Qi and others received the project owner’s benefits, they were able to ensure that the project owner won the bid through the bidding agency company because Chen Ying used his position to help him obtain the bidding agency of Desheng and Jianhan for the balanced education development project. right.
Chen Ying also knew that Chen Qi charged a certain percentage of fees to the project boss to ensure that he won the bid.
Therefore, the money that Chen Qi received from his bidding agency was due to the collusion between Chen Qi and Chen Ying, who improperly obtained the project bidding agency rights for profit, and then obtained the project by helping the project owner who is willing to contract the project. It is determined that Chen Ying and Chen Qi jointly accepted bribes.
3. Chen Ying did not know the specific amount of bribes Chen Qi accepted subjectively, how to determine the amount of bribes he accepted based on the principle of subjective and objective consistency?
Hu Jiayang: The factors and extent of the subjective perception of the common bribery are important factors that need to be considered in the conviction and sentencing of the power-for-money transaction bribery crime.
As for the specific amount of each bribe recipient, generally speaking, it is only necessary to have a general understanding of the amount, that is, oneself and others jointly accept the bribes given by the trustee, without requiring to know the specific amount of bribes.
In this case, Chen Ying and Chen Qi jointly accepted bribes. Before the incident, the two conspired many times. Chen Ying greeted the person in charge of relevant departments to seek benefits for Li, and Chen Qi accepted the property on his behalf; during the incident, Chen Ying asked Chen to Qi accepted bribes on his behalf; after the incident, the bribes received by Chen Qi were recognized and Chen Qi handled it by himself.
Subjectively, Chen Ying knows that Chen Qi has received property from the project boss. Although he does not know the specific amount, he generally knows and agrees that Chen Qi has received property from others.
In addition, the facts of the case also showed that although Chen Ying did not know exactly how much facilitation Chen Qi actually received, Chen Qi once told her that he and Li agreed to pay the contract price of the project in the name of sending the "facilitation fee" to the leader. 8% of Li’s benefit fee was charged, and the profit after the project’s final accounts was divided into half with Li. The court of first instance verified that the amount found did not exceed his understanding.
Therefore, we believe that whether Chen Ying knows the specific time, frequency and amount of money received by Chen Qi does not affect the determination of Chen Ying’s subjective intention. The legal conviction and sentencing of joint bribery based on general intentional implementation is in line with subjective and objective Consistent principles of conviction and sentencing.
4. The courts of the first and second instance held that Chen Ying's crimes involved corruption in the people's livelihood and education and should be severely punished in accordance with the law.
What impact does this have on their sentencing?
What other factors were considered when sentencing Chen Ying and Chen Qi?
Nong Wei: This case was determined by the first and second trials. Chen Ying and Chen Qi took advantage of Chen Ying’s position to seek benefits for the project owner who undertook the infrastructure construction project of the Fusui County education system. Chen Qi accepted it on his own or through relevant personnel. The benefits and so-called agency fees totaled more than RMB 12.03 million.
Education is the foundation.
This case took place in the field of education, involving related educational infrastructure construction projects, teaching equipment procurement projects, etc., and was mostly in the scope of compulsory education. Compulsory education is a public welfare undertaking guaranteed by the state, related to the healthy growth of children and children, and related to social progress and the country. development of.
Chen Ying used his position to facilitate illegal economic gains, resulting in delays in the delivery of many educational projects, and many educational activities could not be carried out as scheduled, which directly affected the development of education in the county and even the city. For young people who should enjoy but failed to enjoy the construction results The impact is immeasurable. From this perspective, the social impact caused by Chen Ying's crime is huge, and the social harm is serious, and should be severely punished in accordance with the law.
According to the Supreme People’s Court and the Supreme People’s Procuratorate’s "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery", Article 3, paragraph 1 stipulates that if the amount of bribe is more than 3 million yuan, it shall be deemed as the 383rd Criminal Law The "extraordinarily huge amount" stipulated in the first paragraph of the article shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death sentence, as well as fines or confiscation of property.
In this case, the amount of bribes jointly accepted by Chen Ying and Chen Qi exceeded four times the criteria for determining a particularly large amount and should be sentenced to more than ten years in prison.
In joint crimes, Chen Ying and Chen Qi have the main role of division of labor. They are both principal offenders. According to Article 26 of the Criminal Law, they should be punished in accordance with all crimes in which they participated.
Chen Qi's act of accepting bribes depends on Chen Ying's identity and powers, and his guilt is relatively lighter than Chen Ying's, and he will be considered as appropriate when sentencing.
After the incident, Chen Ying’s family withdrew 1.11 million yuan, and Chen Qi’s family withdrew 1.005 million yuan, which could be given a lighter punishment as appropriate; but the two criminals occurred in people’s livelihood and education, and they refused to plead guilty. , Repentance, did not withdraw most of the stolen money, according to Article 26 of the Criminal Law, according to the facts of the crime, the nature of the crime, the circumstances and the degree of harm to the society, decided to severely punish.
(Our reporter Cheng Wei)