三堂会审丨以“放贷收息”为名行索贿之实

Core Viewpoint - The case revolves around a government official, referred to as "甲", who engaged in lending practices to local businessmen under the guise of high-interest loans, which are being scrutinized for potential bribery rather than legitimate private lending [2][10][19]. Summary by Sections Basic Case Facts - "甲" served as the head of the Environmental Protection Bureau and later as the director of the Science and Technology Committee in a district, during which he received a total of 30 million yuan in bribes and 2.35 million yuan through high-interest loans from local businessmen [3][4][5]. Investigation Process - The investigation began on April 24, 2023, leading to "甲" being placed under detention on May 15, 2023, followed by expulsion from the party and public office on July 27, 2023 [6][7][8]. Legal Proceedings - On August 31, 2023, the district's People's Procuratorate filed a public prosecution against "甲" for bribery, resulting in a six-and-a-half-year prison sentence and a fine of 300,000 yuan on September 14, 2023 [9]. Analysis of Lending Practices - "甲" utilized his official position to lend money to businessmen who had no real need for loans, thereby coercing them into accepting high-interest terms due to his influence over their business operations [10][12][19]. - The lending practices were characterized by a lack of genuine borrower needs, with "甲" selecting financially stable businessmen to maximize his returns without facing market risks [12][13][19]. Nature of the Offense - The distinction between "甲's" actions and legitimate private lending is emphasized, as the relationships involved were not equal, but rather hierarchical, with "甲" exerting control over the businessmen [12][19]. - The legal interpretation of "甲's" actions suggests that they constitute bribery rather than mere disciplinary violations, as he leveraged his official capacity to extract financial benefits from those he managed [15][16][19]. Criminal Amount Assessment - The total amount involved in "甲's" bribery is assessed at 2.77 million yuan, with 2.35 million yuan classified as completed bribery and 420,000 yuan as attempted bribery due to the investigation halting further collection [20][21].