退休后牵线搭桥并收好处如何定性

Core Viewpoint - The case involves former government official Wang, who engaged in corrupt practices by leveraging his influence to benefit a private company, A Company, through collusion with current employees of a state-owned enterprise, leading to significant financial gains from bribery [1][3][4]. Group 1: Case Overview - Wang served as the Deputy Director of a state-owned assets supervision commission from August 2015 to December 2018 and retired in January 2019 [1]. - In October 2020, Wang accepted a request from Zhang, the legal representative of A Company, to assist in securing a contract with a state-owned company, B Company [1]. - Wang received a total of 1.8 million yuan in bribes from Zhang, of which he retained 300,000 yuan and distributed the remaining 1.5 million yuan equally among himself and two accomplices, Li and Wu [1][6]. Group 2: Legal Opinions - There are two differing legal opinions regarding the classification of Wang, Li, and Wu's actions [2]. - The first opinion suggests that Wang should be charged with multiple offenses, including utilizing influence for bribery, while Li and Wu should be charged with receiving bribes, each amounting to 500,000 yuan [3]. - The second opinion posits that all three should be considered co-conspirators in bribery, with a total of 1.5 million yuan recognized as the joint crime amount, while Wang's retention of 300,000 yuan constitutes a separate offense of utilizing influence for bribery [3][4]. Group 3: Criminal Responsibility - Wang, Li, and Wu are deemed to have committed joint bribery, with Li recognized as a state worker and Wu as a non-state worker, complicating the classification of their roles [4][5]. - The legal framework indicates that when non-state and state workers collude in bribery, they should be prosecuted as co-conspirators, especially when their actions are interdependent [5][6]. - The total amount of joint bribery is established at 1.5 million yuan, as Wang's personal retention of 300,000 yuan is not included in the shared crime amount due to Li and Wu's lack of knowledge about it [6][7].