三堂会审丨在职谋利离职后收受财物如何定性

Core Points - The case involves a former tax official, referred to as A, who engaged in corrupt practices during and after his tenure, including accepting bribes and violating regulations related to tax advisory services [3][4][5][6][8][9]. Summary by Sections Basic Case Facts - A, a former deputy-level official at the tax bureau, was involved in tax-related activities and received a total of 860,000 yuan in consulting fees through contracts with companies during his service and within two years post-retirement [3][4]. - A accepted bribes totaling over 2.46 million yuan from various companies while leveraging his position to facilitate tax evasion [3][4][5]. Investigation Process - The investigation began in March 2021, leading to A's expulsion from the party and subsequent criminal charges for bribery and tax-related offenses [5][6]. - A was sentenced to eight years in prison and fined 700,000 yuan after being found guilty of multiple charges, including bribery and abuse of power [6][7]. Legal Analysis - The distinction between legitimate consulting services and bribery is crucial; A's actions were scrutinized to determine if he utilized his official position to benefit companies unlawfully [8][9]. - A's acceptance of consulting fees was deemed a violation of regulations prohibiting public officials from engaging in profit-making activities during and shortly after their service [8][9]. Implications of Actions - A's actions were characterized as a misuse of power, where he facilitated tax evasion for companies while disguising the transactions as legitimate consulting fees [9][10]. - The legal framework indicates that even if A did not directly benefit from tax evasion at the time, his prior actions established a basis for criminal liability due to the nature of his position and the agreements made [10][11][12]. Conclusion - The case highlights the complexities of distinguishing between legitimate professional services and corrupt practices within the public sector, emphasizing the need for strict adherence to ethical standards and regulations [12][13][14].