China News Service, March 28 (Xinhua) According to the WeChat public account of the Supreme People's Procuratorate, insisting on investigating bribery and bribery together is an inevitable requirement to unswervingly deepen the anti-corruption struggle and advance in an integrated way those who dare not, cannot, and do not want to corrupt. It is an inevitable requirement to cut off corruption. "Hunting" and being willing to be "hunted" are effective ways to break the chain of interests and break the network of power-money transactions. If bribes are given without investigation, bribes will continue to be accepted. Bribery givers will use any means to "hunt" party members and cadres. This is an important reason why the current increase in corruption still occurs.
In order to give full play to the educational, warning and deterrent effects of typical cases, the Supreme People's Court and the Supreme People's Procuratorate recently jointly released 8 typical cases of punishing bribery crimes in accordance with the law. In these cases, both bribe takers and bribe givers were punished in accordance with the law, demonstrating the judicial organs' firm stance of severely punishing corruption with a zero-tolerance attitude and insisting on investigating both bribe-takers and bribe-takers. The typical cases released this time have the following three characteristics: First, increase punishment and maintain high-pressure deterrence. In the Yang Mouchang bribery case, the defendant made multiple bribes and bribed many people in order to seek a "protective umbrella" from the evil forces, seriously damaging the political ecology and social fairness and justice; in the Tan Mouyun and Wu Moulian bribery cases, the defendant paid more than 20 million yuan in bribes. This was a huge amount of bribery, and the judicial organs insisted on punishing them severely in accordance with the law, demonstrating their clear attitude of always maintaining zero tolerance and deterrence, and always having high-pressure punishment forces. The second is to highlight the key points of attack and punish them accurately and effectively. In Li's bribery and fraud case, the defendant paid bribes to defraud social security funds; in Hu's bribery case, the defendant paid bribes to promote medical consumables; in Song's bribery and bribery case, the defendant paid bribes for job promotion; in Yang's bribery and fraud case, In cross-border (border) cases, the defendant paid bribes in order to obtain temporary probation outside prison for violating the law. The judicial authorities severely punished the defendant in accordance with the law, which sent a strong signal to increase the punishment of bribery crimes in key areas. The third is to insist on treating both the symptoms and the root causes in a systematic and systematic manner. In the case of Yang Mouwen's bribery and illegal border crossing, the illegitimate benefit of illegally being granted temporary supervised release was rectified. In the case of Gao Moumei's bribery, more than 100 million yuan of criminal proceeds were recovered. In the case of Zhang Mouhong's bribery and illegal activities against non-state The staff bribery case clarified that the second instance can increase the recovery of criminal proceeds, reflecting the clear position of the judicial organs to resolutely recover and correct the improper benefits obtained from bribery.
Typical cases of punishing bribery crimes according to law
Table of contents
1. Yang Mouchang Bribery Case
——Severely punish the crime of seeking bribery under the "protective umbrella" of evil forces in accordance with the law
2. Bribery case of Tan Mouyun and Wu Moulian
——Severely punish large-scale bribery crimes in accordance with the law
3. Li’s bribery and fraud case
——Severely punish bribery crimes in the field of social security in accordance with the law
4. Hu Mouting’s bribery case
——Severely punish bribery crimes in the pharmaceutical field in accordance with the law
5. Song Mouyi’s bribery and bribery case
——Severely punish bribery crimes in the field of organizational personnel in accordance with the law
6. Yang Mouwen’s bribery and border crossing case
——Severely punish the crime of bribing judicial personnel in accordance with the law
Resolutely correct the improper benefits obtained from bribery
7. Gao Moumei Bribery Case
——Intensify efforts to recover proceeds from bribery crimes
8. Zhang Mouhong’s case of bribery and bribery of non-state staff
——Recover the criminal proceeds from bribery in accordance with the law at the second instance stage
1. Yang Mouchang Bribery Case
——Severely punish evil forces in accordance with the law
"Umbrella" bribery crime
[Basic case facts]
The defendant Yang Mouchang organized and led a gangland organization, carried out illegal and criminal activities many times, committed evil, oppressed and harmed the masses. From 2004 to 2018, in order to seek illegal protection, Yang Mouchang repeatedly reported to Yue, the deputy county magistrate and director of the Public Security Bureau of a certain county, Deng, the deputy director of a certain district branch of the Public Security Bureau of a certain city, and Wang, the political commissar of the Criminal Investigation Detachment of the Public Security Bureau of a certain city. A certain person (all dealt with separately) paid bribes, totaling more than 1.006 million yuan.
It was also found that the defendant Yang Mouchang had been convicted and sentenced by the Mianyang Intermediate People's Court of Sichuan Province for 13 charges including organizing and leading a gangland organization.
【Processing situation】
The People's Procuratorate of Fucheng District, Mianyang City, Sichuan Province accused the defendant Yang Mouchang of committing bribery and filed a public prosecution with the Fucheng District People's Court. After trial, the Fucheng District People's Court held that the defendant Yang Mouchang had repeatedly given property to a number of state workers in order to seek improper benefits. The circumstances were serious and his behavior constituted the crime of bribery. Based on the facts, nature, circumstances and harm to society of Yang Mouchang’s crime, Yang Mouchang was sentenced to five years and six months in prison for bribery and fined RMB 200,000. He was sentenced to twenty-five years in prison, deprived of political rights for three years, and confiscated all personal property. After the verdict of the first instance was pronounced, Yang Mouchang appealed. Mianyang Intermediate People's Court ruled to reject the appeal and uphold the original judgment.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate severely punish the crime of bribery seeking a "protective umbrella" for evil forces in accordance with the law. In recent years, judicial organs have deepened the normalization of crackdowns on gangs and evil, and severely punished gangsters and their "protective umbrellas" in accordance with the law. Yang Mouchang's gang-related case is a major local gang-related crime case. In order to seek illegal protection and evade criminal investigation, he bribed many public security officers. As a result, the gang-type organization was not cracked down in time, and instead oppressed the people and harmed one party for a long time, which was serious. Destroy local social order and political ecology. The People's Procuratorate prosecuted Yang Mouchang for bribery and omission in accordance with the law. The People's Court severely punished Yang in accordance with the law and punished him concurrently with the crimes of organized underworld organizations that had already been sentenced. This reflects the firm determination to eradicate gangsters and punish corruption. The People's Court and the People's Procuratorate insist on combining the fight against organized crime with the fight against corruption, "opening the umbrella and breaking the net", severely punishing bribery crimes that seek the "protective umbrella" of organized crime forces in accordance with the law, and resolutely eradicating the breeding ground for organized crime forces and corruption.
2. Bribery case of Tan Mouyun and Wu Moulian
——Severely punish large-scale bribery crimes in accordance with the law
[Basic case facts]
From 2014 to 2018, the defendants Tan Mouyun and Wu Moulian, in order to seek improper benefits during the equity sale of a cultural company they actually controlled, successively asked a state-owned company to invest in shares, increase the purchase price and other matters. Chairman Liao and Cheng Moumou, chairman of the subsidiary Xixi Company (both handled separately) helped. Liao and Cheng accepted the request and used their respective powers to finally facilitate the acquisition of all the shareholders' rights and interests of a cultural company by a Xi company at a high price of 230 million yuan. In order to thank Liao and Cheng for their help, Tan Yun and Wu jointly gave Liao 20.02 million yuan and Cheng 20,000 yuan, of which 20 million yuan given to Liao was kept by Wu. Tan Mouyun separately gave Cheng Mouyun another 20,000 yuan. In the first half of 2018, Tan Mouyun, Wu Moulian and others jointly established an investment company. Liao subscribed for the capital with 20 million yuan that Wu Moulian kept on his behalf, and Liao's designated relatives held the shares on his behalf. After identification, Tan Mouyun and Wu Moulian made illegal profits of more than 107 million yuan in the process of selling equity in a cultural company.
【Processing situation】
The People's Procuratorate of Liling City, Hunan Province accused the defendants Tan Mouyun and Wu Moulian of committing bribery and filed a public prosecution with the Liling City People's Court. After trial, the Liling Municipal People's Court held that the defendants Tan Mouyun and Wu Moulian gave property to state workers in order to seek improper benefits. The circumstances were particularly serious, and their actions constituted the crime of bribery. Tan Mouyun and Wu Moulian were both proactive in the joint bribery crime and had equal status and role. Therefore, they were sentenced to 11 years in prison for bribery and fined RMB 3 million. Tan Mouyun and Wu Moulian were recovered in accordance with the law. The criminal proceeds were more than 107 million yuan. After the verdict of the first instance was pronounced, Tan Mouyun and Wu Moulian appealed. The Intermediate People's Court of Zhuzhou City, Hunan Province ruled to reject the appeal and uphold the original judgment.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate severely punish the crime of huge bribery in accordance with the law. Bribery payers use all means to "hunt" state functionaries, which is an important reason why the current increase in corruption still occurs. Huge bribes are a common method used by bribers to "hunt" state functionaries, and are the focus of punishing bribery crimes in accordance with the law. In this case, the defendants Tan Mouyun and Wu Moulian paid more than 20 million yuan in bribes to Liao, the chairman of a state-owned company, in order to seek illegitimate benefits, and concealed the crime by taking custody and subscribing for equity, which ultimately led to the high-priced acquisition of a certain Xi company. Equity in a cultural company. The People's Procuratorate launched a public prosecution in accordance with the law. The People's Court sentenced the two defendants to 11 years in prison and fined them RMB 3 million. They recovered more than 107 million yuan in proceeds from bribery crimes in accordance with the law. This fully reflects the judicial organs' clear commitment to severely punishing huge bribery crimes in accordance with the law. Attitude and determination.
3. Li’s bribery and fraud case
——Severely punish bribery crimes in the field of social security in accordance with the law
[Basic case facts]
From May 2015 to December 2018, the defendant Li paid a bribe of 1.76 million yuan to Li Jia, a staff member of the Human Resources and Social Security Bureau of a certain city (handled in another case), and handled early retirement for 30 people including Pei Moumou in violation of regulations, and defrauded Huge national social security fund. From June to December 2015, Li paid a bribe of 500,000 yuan to Sun Moumou (handled in another case), a staff member of a certain city's social insurance management center, to handle illegal backpayment of pension insurance for 23 people including Zhou Moumou. In summary, Li gave a total of 2.26 million yuan in property to state workers.
It was also found that the defendant Li took the initiative to confess his bribery behavior before being prosecuted. Li's relatives returned the proceeds from the bribery crime, and all the social security funds defrauded have been recovered.
【Processing situation】
The People's Procuratorate of Weicheng District, Weifang City, Shandong Province accused the defendant Li of committing bribery and fraud, and filed a public prosecution with the Weicheng District People's Court. After trial, the Weicheng District People's Court held that the defendant Li repeatedly bribed state officials in order to seek improper benefits. The circumstances were serious and his behavior constituted the crime of bribery; for the purpose of illegal possession, he collaborated with others to defraud the national social security fund in an amount of It is particularly huge and his behavior constitutes a crime of fraud. If Li voluntarily confesses his bribery behavior before being prosecuted and returns the criminal proceeds of bribery, he may be given a lighter punishment in accordance with the law. Therefore, Li was sentenced to five years and two months in prison for bribery and fined RMB 200,000. He was also punished for the crime of fraud. It was decided to execute a fixed-term imprisonment of 11 years and fined RMB 300,000. After the first instance verdict was pronounced, Li appealed. The Weifang Intermediate People's Court ruled to reject the appeal and uphold the original verdict.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate severely punish bribery crimes in the field of social security in accordance with the law. Social security funds are an important part of my country's social security system and the basic material guarantee for the social security system to function. Proper management and use of social security funds is related to overall stability and people's livelihood and well-being. In this case, the defendant Li paid 2.26 million yuan in bribes to state workers in order to defraud social security funds and illegally pay pension insurance for others, which seriously violated the integrity of state workers’ official conduct, seriously damaged the order of social security fund management, and caused The heavy loss of social security funds has serious social harm. The People's Procuratorate launched a public prosecution in accordance with the law, and the People's Court punished Li for bribery and fraud, and decided to execute a fixed-term imprisonment of 11 years and impose a fine of 300,000 yuan, which fully reflects the judicial authorities' legal compliance with the crime of bribery in the field of social security. A clear attitude towards severe punishment.
4. Hu Mouting’s bribery case
——Severely punish bribery crimes in the pharmaceutical field in accordance with the law
[Basic case facts]
From 2013 to 2018, in the process of selling medical films, disposable syringes, infusion sets and other medical consumables to a central hospital, the defendant Hu Mouting, in order to seek illegitimate benefits, repeatedly gave the two-term director of the central hospital Song and Sun received a total of more than 5.32 million yuan in benefits, including 170,000 yuan in benefits to Luo, director of the equipment department, 130,000 yuan in benefits to Cao, director of the pharmacy department, and 130,000 yuan in benefits to Wang, director of the CT room (all handled in separate cases). 180,000 yuan, totaling more than 5.8 million yuan.
【Processing situation】
The People's Procuratorate of Zhanqian District, Yingkou City, Liaoning Province accused the defendant Hu Mouting of committing bribery and filed a public prosecution with the Zhanqian District People's Court. The Zhanqian District People's Court held after trial that the defendant Hu Mouting gave property to state workers in order to seek improper benefits. The circumstances were particularly serious and his behavior constituted the crime of bribery. Taking into account the facts, nature, circumstances and harm to society of Hu Mouting's crime, Hu Mouting was sentenced to ten years in prison for bribery and fined RMB 300,000. After the verdict of the first instance was pronounced, Hu Mouting appealed. The Yingkou Intermediate People's Court ruled to reject the appeal and uphold the original verdict.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate severely punish bribery crimes in the pharmaceutical field in accordance with the law. The pharmaceutical field is the main front for safeguarding people's health, and it is related to the people's most concerned, most direct and most realistic health rights. Strictly punishing bribery crimes in the pharmaceutical field in accordance with the law is an inevitable requirement to purify the ecology of the pharmaceutical industry and serve to ensure the healthy development of the pharmaceutical industry. In this case, the defendant Hu Mouting, in the process of selling medical films, disposable syringes, infusion sets and other medical consumables, bribed many leading cadres in key positions such as the hospital's "top leaders" and the medical department and equipment department in order to obtain improper benefits. , whose behavior undermines the order of fair competition in the pharmaceutical market, affects the quality and efficiency of medical services, increases the cost of patient treatment, and has serious social harm. The People's Procuratorate launched a public prosecution in accordance with the law, and the People's Court sentenced Hu Mouting to ten years in prison and fined him 300,000 yuan, which served as a good warning and deterrent.
5. Song Mouyi’s bribery and bribery case
——Severely punish bribery crimes in the field of organizational personnel in accordance with the law
[Basic case facts]
The defendant Song Mouyi was originally a member of the Standing Committee of a certain county party committee and deputy county magistrate. From 2013 to 2014, Song Mouyi received help from Xu Mou, then deputy secretary of a certain municipal party committee (handling another case) in terms of job promotion and other aspects, and was transferred to the defendant twice. His brother Song gave Xu 600,000 yuan through bank transfer. When a city was undergoing county (district) change in 2016, Song Mouyi was promoted to chairman of the CPPCC of a county with the help of Xu.
It was also found that from 2008 to 2020, the defendant Song Mouyi took advantage of his position to seek benefits for others and illegally received 6.679 million yuan in property.
【Processing situation】
The People's Procuratorate of Qinnan District, Qinzhou City, Guangxi Zhuang Autonomous Region accused the defendant Song Mouyi of committing bribery and accepting bribes, and filed a public prosecution with the People's Court of Qinnan District. The People's Court of Qinnan District held after trial that the defendant Song Mouyi gave property to state workers in order to seek illegitimate benefits. The circumstances were serious and his behavior constituted the crime of bribery; the defendant Song Mouyi illegally accepted property in a particularly huge amount and his behavior constituted the crime of accepting bribes. . Song Mouyi paid a bribe of 600,000 yuan in order to seek promotion, which should be considered a serious case. Song Mouyi could be given a lighter punishment in accordance with the law because of his confession and other circumstances. Therefore, Song Mouyi was sentenced to five years in prison for the crime of bribery and concurrently punished with the crime of accepting bribes. It was decided to execute the sentence of 12 years in prison and fined RMB 600,000. After the first-instance judgment was pronounced, there was no appeal or protest within the statutory time limit, and the first-instance judgment has become legally effective.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate severely punish bribery crimes in the field of organizational personnel in accordance with the law. Bribery for job promotion not only seriously infringes on the integrity of state staff's official behavior, but also brings the principle of commodity exchange to the field of organizational personnel, seriously damaging the political ecology, and should be severely punished in accordance with the law. In this case, the defendant Song Mouyi paid a bribe of 600,000 yuan to Xu, the deputy secretary of a certain municipal party committee, in order to seek promotion. The People's Procuratorate initiated a public prosecution in accordance with the law. The People's Court found that Song Mouyi's bribery crime was serious and sentenced him to a penalty in accordance with the law, which fully reflects the judicial The government has a clear attitude towards severely punishing bribery crimes in the field of organizational personnel and never condoning bribery crimes involving job-buying or office-buying. Song Mouyi paid bribes to others in order to get promoted, and eventually resigned from his position and was imprisoned. This deserves warning.
6. Yang Mouwen’s bribery and border crossing case
——Severely punished according to law
Bribery of judicial officials is a crime
Resolutely correct the improper benefits obtained from bribery
[Basic case facts]
In May 2003, the defendant Yang Mouwen was sentenced to 15 years in prison for the crime of organizing others to cross the border illegally. In October of the same year, he was sent to a prison to serve his sentence. Since 2005, Yang Mouwen, knowing that his condition did not meet the conditions for temporary execution outside prison, repeatedly gave Ye Mou, a cadre of the Foreign Affairs Office of a certain provincial government, and Lin, the deputy squadron leader of the correctional brigade of a prison hospital, many times in order to avoid serving his sentence. XX (all handled in separate cases), and gave cash, shopping cards and other property to a certain provincial prison bureau, a certain prison and other judicial staff (all handled in separate cases) through Ye XX and Lin XX, totaling 636,000 yuan, He has repeatedly violated the law and was approved to serve his sentence outside prison temporarily. As of his release after serving his sentence, Yang Mouwen had been temporarily serving his sentence outside prison for a total of 9 years, 3 months and 20 days. During his temporary sentence outside prison, Yang Mouwen concealed his identity as a criminal and took flights to and from the country (border) 74 times.
【Processing situation】
The People's Procuratorate of Chengxiang District, Putian City, Fujian Province accused the defendant Yang Mouwen of committing bribery and illegal border crossing, and filed a public prosecution with the Chengxiang District People's Court. The Chengxiang District People's Court held that the defendant Yang Mouwen gave property to state workers in order to avoid serving his sentence and reform. The circumstances were serious and his behavior constituted the crime of bribery; he violated national (border) management regulations and secretly crossed the country (border) many times. ) border, the circumstances are serious, and his behavior has constituted the crime of illegally crossing the national (border) border. Yang Mouwen paid 636,000 yuan in bribes, including 566,000 yuan in bribes to judicial staff, which affected judicial fairness and should be considered serious. Yang Mouwen had confession circumstances and could be given a lighter punishment according to law. Therefore, Yang Mouwen was sentenced to five years and three months in prison for the crime of bribery and was fined RMB 200,000. The sentence for his new crime of illegally crossing the border (border) and the previous crime of organizing others to illegally cross the border has not yet been completed. It was decided to impose a fixed-term imprisonment of 12 years and three months and a fine of RMB 210,000. After the verdict of the first instance was pronounced, Yang Mouwen appealed. Putian Intermediate People's Court ruled to reject the appeal and uphold the original verdict.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate severely punish the crime of bribery in the judicial field in accordance with the law and resolutely correct the improper benefits obtained from bribery. The use of bribes to obtain commutation, parole, or temporary execution outside prison is an important cause of judicial corruption in the execution of sentences, seriously endangering the authority of the rule of law and judicial credibility. In this case, in order to avoid serving his sentence and reform, the defendant Yang Mouwen solicited and corrupted many judicial staff. He violated the law many times and was approved to serve his sentence outside prison temporarily. He served a "paper sentence" for more than 9 years, and during the period of his temporary sentence outside prison , concealing the identity of the criminal and crossing the border 74 times, which is of a vile nature. The People's Procuratorate launched a public prosecution in accordance with the law. The People's Court determined that Yang Mouwen's bribery crime was serious in accordance with the law, and rectified his unjust interests in being approved to temporarily serve his sentence outside prison. The period of temporary sentence outside prison was not included in the execution of the sentence, which is consistent with the case. The sentences imposed are combined, which fully demonstrates the clear attitude and firm determination of the People's Court and the People's Procuratorate to severely punish bribery crimes in the judicial field in accordance with the law, deeply rectify corruption in the judicial field, and fully safeguard judicial fairness.
7. Gao Moumei Bribery Case
——Intensify efforts to recover proceeds from bribery crimes
[Basic case facts]
From September 2018 to January 2019, an equity investment fund management company successively undertook two fixed financing businesses from a certain urban investment company. In January 2019, the defendant Gao Moumei asked Xiong Moumou, the chairman and general manager of a certain urban investment company, to seek unfair competitive advantage when the underwriting rate and comprehensive cost were significantly higher than that of a certain equity investment fund management company. (Handling in another case) Taking advantage of his authority to terminate the fixed financing business of an equity investment fund management company in a certain urban investment company in advance, handed over the fixed financing business to it without authorization, and increased the underwriting rate to 2.5%-2.8%. In order to thank Xiong for his help and ensure that he could exclusively undertake the fixed financing business in a certain urban investment company, Gao Moumei took the initiative to offer Xiong a benefit fee of 2‰ of the registered amount of the fixed financing product. Later, in accordance with Xiong's request, Gao Moumei paid Xiong a total of 12 million yuan in benefits by purchasing a three-year fixed financing product issued by a certain urban investment company.
From October 2018 to December 2020, the defendant Gao Moumei undertook 16 fixed financing products from a certain urban investment company through affiliated, cooperative and actually controlled companies, with a total registered amount of more than 5.7 billion yuan, and a total underwriting fee of more than 200 million yuan. , more than 167 million yuan in underwriting fees have been settled. After auditing, Gao Moumei obtained a net profit of more than 102 million yuan from the underwriting of fixed financing business of a certain urban investment company.
【Processing situation】
The People's Procuratorate of Xuyi County, Jiangsu Province accused the defendant Gao Moumei of committing bribery and filed a public prosecution with the People's Court of Xuyi County. The Xuyi County People's Court held after trial that the defendant Gao Moumei gave property to state workers in order to seek illegitimate benefits. The circumstances were particularly serious and his behavior constituted the crime of bribery. After comprehensive consideration of the facts, nature, circumstances and harm to society of Gao Moumei's crime, Gao Moumei was sentenced to ten years in prison for bribery and fined RMB 1.2 million; Gao Moumei's criminal proceeds of bribery were recovered in accordance with the law. More than 100 million yuan. After the verdict of the first instance was pronounced, Gao Moumei appealed. The Intermediate People's Court of Huai'an City, Jiangsu Province ruled to reject the appeal and uphold the original judgment.
【Typical meaning】
This case is a typical case in which the People's Court and the People's Procuratorate have stepped up efforts to recover proceeds from bribery crimes. To continue to make efforts and deepen the anti-corruption struggle, we must insist on investigating both bribery and bribery, and increase the punishment of bribery, especially the recovery and correction of improper benefits obtained from bribery. Local urban investment companies are responsible for important functions such as infrastructure construction, development fund guarantees, and state-owned asset management. In order to illegally grab huge profits, the defendant Gao Moumei "hunted" Xiong Moumou, chairman of the urban investment company, through bribery, and improperly undertook Fixed financing business increases financing costs, affects local economic development, and has serious social harm. The judicial organs gave full play to their functions, and while severely punishing bribery crimes in accordance with the law, they also intensified the recovery of improper benefits obtained from bribery, fully recovered more than 102 million yuan in Gao Moumei's criminal proceeds from bribery, and resolutely cut off the "hunting" and willing The "hunted" interest chain will investigate and pursue the proceeds of bribery crimes to the end, and will never allow criminals to profit from them.
8. Zhang Mouhong bribed,
Bribery of non-state personnel
——Recover the criminal proceeds from bribery in accordance with the law at the second instance stage
[Basic case facts]
The defendant Zhang Mouhong was originally the legal representative of a certain company. From 2012 to 2017, in order to ensure that he could successfully win the bid for the fire protection equipment product procurement project, Zhang Moumou asked Lin Moumou, director of the Equipment Transportation Division of the Logistics Department of a certain fire brigade (handling another case), to provide help. Lin Moumou provided help by modifying the parameters of the bidding document. From 2012 to 2018, Zhang Mohong gave Lin Moumou a total of more than 3.258 million yuan in money, cars and other properties to express his gratitude.
From April 2014 to October 2016, Zhang Mouhong paid a bribe of 5.1 million yuan to Luo Mou, the sales director of a non-state-owned company (handled in a separate case) in order to obtain the exclusive regional agency rights.
It was also found that the defendant Zhang Mouhong’s criminal income was more than 13.021 million yuan.
【Processing situation】
The People's Procuratorate of Gulou District, Fuzhou City, Fujian Province accused the defendant Zhang Mouhong of committing bribery and bribery of non-state personnel, and filed a public prosecution with the Gulou District People's Court. After trial, the Gulou District People's Court held that the defendant Zhang Mouhong gave property to state workers in order to seek illegitimate benefits. The circumstances were serious and his behavior constituted the crime of bribery; the defendant Zhang Mouhong gave property to company and enterprise personnel in huge amounts, and his behavior constituted a crime of bribery. The crime of bribery by non-state personnel. Zhang Mouhong can be given a lighter punishment in accordance with the law because of the circumstances of her confession. Therefore, Zhang Mouhong was sentenced to seven years in prison and fined RMB 300,000 for bribery; Zhang Mouhong was sentenced to four years in prison and fined RMB 200,000 for bribery of non-state personnel, and the decision was made to execute He was sentenced to nine years and six months in prison and fined RMB 500,000.
After the verdict of the first instance was pronounced, the defendant Zhang Mouhong appealed. After the trial, the Fuzhou Intermediate People's Court held that the facts of the original judgment were clear, the evidence was indeed sufficient, the conviction was accurate, the sentencing was appropriate, and the trial procedures were legal. The only omission to recover Zhang's criminal proceeds from bribery should be corrected. Therefore, the judgment upheld the conviction and sentencing of Zhang Mouhong in the original judgment, and recovered more than 13.021 million yuan in criminal proceeds.
【Typical meaning】
This case is a typical case of recovering criminal proceeds from bribery in accordance with the law at the second instance stage. According to Article 64 of the Criminal Law and Article 11 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Bribery", the illegitimate benefits obtained from the crime of bribery shall be recovered or ordered to be refunded. Criminals do not enjoy legal rights from the beginning regarding the illegitimate benefits obtained through crime. During the trial process of the people's court, the criminal proceeds must be recovered in accordance with the law. The recovery of criminal proceeds is intended to recover stolen goods, restore losses, and repair legal relationships. It is not a penalty in itself. It is essentially different from the penalty of fines and confiscation of property that deprive criminals of their legitimate property. In this case, the first-instance judgment omitted to recover the criminal proceeds, and the second-instance court added a recovery sentence based on the ascertainment of Zhang Mouhong’s criminal proceeds, which does not violate the principle of no additional penalty on appeal. The People's Courts and People's Procuratorates will pursue the recovery of criminal proceeds from bribery throughout the entire case-handling process without setting a time limit. They will be pursued to the end and will never be cleared.