Workflow
受贿罪
icon
Search documents
三堂会审 | 利用职权获取原始股增值利益怎样定性
中央纪委国家监委网站 方弈霏 特邀嘉宾 唐利佳 浙江省嘉兴市纪委监委第五审查调查室主任 鲍顺平 浙江省嘉兴市纪委监委案件审理室干部 其中,2016年6月,E公司符合创业板上市条件,拟引进G私募基金和H私募基金进行增资扩股。乙为感谢甲 在企业用地审批等方面提供的帮助,提议安排甲通过投资G私募基金(该基金是专门为投资未上市的E公司而 成立的股权投资基金,按照每股5.5元的价格取得E公司股本600万股,并办理相应的变更登记手续)间接持有 E公司原始股,并告知甲E公司拟上市情况以及其会与G私募基金签订对赌协议(若E公司未实现上市,G私募 基金有权要求乙原价回购,并按照年利率10%支付补偿款),甲无需承担市场风险,稳赚不赔,甲表示同 意。此后,乙向G私募基金负责人施压,暗示若拒绝甲参与投资将削减G私募基金认购E公司的股份额度,并 将该额度交由其竞争对手H私募基金认购。随后,甲违规使用银行贷款资金以其亲戚名义投资132万元至G私 募基金(根据相关规定,私募基金投资者应当具备相应资金实力,不得用贷款资金从事股本权益性投资,甲 的行为不符合规定)。2019年6月,I私募基金以每股11.52元溢价收购G私募基金持有的部分E公司 ...
非法收受财物8191万余元,内蒙古自治区人大常委会原党组副书记、副主任杜梓一审被判15年
Yang Shi Wang· 2025-07-29 09:15
央视网消息:据最高人民法院微信公众号消息,2025年7月29日,辽宁省沈阳市中级人民法院一审公开宣判内蒙古自治区人大常委会原党组副书记、 副主任杜梓受贿案,对被告人杜梓以受贿罪判处有期徒刑十五年,并处罚金人民币八百万元;对杜梓犯罪所得财物及孳息依法予以追缴,上缴国库。 经审理查明:2002年至2015年,被告人杜梓利用担任内蒙古自治区鄂尔多斯市委副书记、代市长、市长、市委书记,通辽市委书记,内蒙古自治区党委常 委、通辽市委书记等职务上的便利以及职权、地位形成的便利条件,为相关单位和个人在企业经营、工程承揽等事项上提供帮助,非法收受财物共计折合 人民币8191万余元。 据悉,沈阳市中级人民法院于2025年5月16日公开开庭审理了该案。庭审中,检察机关出示了相关证据,被告人杜梓及其辩护人进行了质证,控辩双方在 法庭的主持下充分发表了意见,杜梓进行了最后陈述,并当庭表示认罪悔罪。人大代表、政协委员和各界群众三十余人旁听了庭审。 沈阳市中级人民法院认为,被告人杜梓的行为构成受贿罪,数额特别巨大,应依法惩处。鉴于其受贿犯罪中有未遂情节;到案后如实供述自己罪行,主动 交代办案机关尚未掌握的绝大部分受贿事实认罪悔罪,积极退 ...
何文忠,死缓!
中国基金报· 2025-07-21 09:21
Core Viewpoint - The case of He Wenzhong, former deputy general manager of China Electronics Technology Group Corporation, highlights significant corruption within the organization, resulting in a death sentence with a two-year reprieve due to the scale of bribery and subsequent cooperation with authorities [1][2]. Summary by Sections - The court found that from 2006 to 2023, He Wenzhong exploited his positions to illegally accept bribes totaling over 289 million RMB, which severely harmed national and public interests [1][2]. - The court acknowledged He Wenzhong's significant contributions after his arrest, including confessing to crimes and returning most of the illicit gains, which led to a decision to suspend the death penalty [2].
吴英杰,死缓!
证券时报· 2025-07-16 10:36
Core Viewpoint - The article discusses the sentencing of Wu Yingjie, a former member of the National Committee of the Chinese People's Political Consultative Conference, who was sentenced to death with a two-year reprieve for bribery, highlighting the severity of corruption in government positions [1][3]. Summary by Sections Case Details - Wu Yingjie was found guilty of accepting bribes totaling over 343 million RMB from June 2006 to February 2021 while holding various high-ranking positions in the Tibet Autonomous Region [3]. - The court emphasized that Wu's actions caused significant losses to the state and the public, warranting a death sentence due to the particularly severe nature of the crime [3]. Mitigating Factors - The court considered Wu's cooperation with authorities, including reporting other illegal activities, and his confession, which led to a more lenient sentence of death with a two-year reprieve [3]. - Wu's proactive return of a significant portion of the illicit gains was also noted as a factor in the sentencing decision [3].
正部级吴英杰,一审被判死缓
第一财经· 2025-07-16 09:57
Core Viewpoint - The article discusses the sentencing of Wu Yingjie, a former high-ranking official in Tibet, for bribery, highlighting the severity of his crimes and the court's decision to impose a death sentence with a two-year reprieve due to mitigating factors [1][2]. Summary by Sections - **Case Overview**: Wu Yingjie was sentenced to death with a two-year reprieve for accepting bribes totaling over 3.43 billion RMB from 2006 to 2021 while holding various government positions in Tibet [1]. - **Court's Rationale**: The court emphasized the particularly severe nature of Wu's crimes, which caused significant losses to the state and society. However, it acknowledged his cooperation with authorities, including reporting other crimes and returning a substantial portion of the illicit gains, which influenced the decision for a reprieve [2].
从宾馆服务员干到副厅级领导,柴高潮涉嫌受贿罪被决定逮捕
中国基金报· 2025-07-16 08:45
Group 1 - The core viewpoint of the article highlights the investigation and arrest of Chai Gaochao, former deputy director of the People's Congress in Linfen City, Shanxi Province, for alleged bribery [2][6] - Chai Gaochao's career trajectory is noted, starting from a hotel service worker to a deputy-level official, indicating a significant rise in his political career [3][4] - The article details the timeline of Chai Gaochao's disciplinary actions, including his expulsion from the Communist Party and the transfer of his case to the judicial authorities for prosecution [6][4] Group 2 - Chai Gaochao is accused of serious violations of party discipline and law, including accepting gifts and money, and using his position to benefit others in job transfers and business operations [5][6] - The investigation revealed that Chai Gaochao's actions occurred after the 18th National Congress of the Communist Party, indicating a persistent disregard for regulations [6] - The disciplinary measures taken against Chai Gaochao include the cancellation of his benefits and the confiscation of his illegal gains, reflecting the strict enforcement of anti-corruption policies [6]
三堂会审丨玩忽职守还是滥用职权
Core Viewpoint - The case involves a former official, referred to as A, who is accused of negligence in approving land use permits, leading to significant state asset losses amounting to over 1.48 billion yuan [6][10][17]. Summary by Relevant Sections Basic Case Facts - A served as the deputy director and director of the Natural Resources Bureau in B District from 2019 to 2024, during which he allegedly accepted bribes totaling 350,000 yuan and gold bars worth approximately 90,560 yuan [4]. Negligence in Duty - A was responsible for the approval of land use permits and failed to verify the authenticity of application materials submitted by company B, which led to the issuance of 106 permits to ineligible individuals [5][6][10]. Investigation and Legal Proceedings - The investigation began on May 30, 2024, leading to A's expulsion from the party and public office, followed by the transfer of the case to the People's Procuratorate for prosecution on August 27, 2024 [7][8]. Court Ruling - On December 30, 2024, A was sentenced to four years in prison and fined 250,000 yuan for both bribery and negligence [8][20]. Assessment of Losses - The value of the land use rights associated with the improperly issued permits was assessed at over 1.48 billion yuan, which was confirmed by a qualified evaluation agency [17]. Legal Interpretation of Negligence - The legal definition of negligence in this context emphasizes the failure to perform duties responsibly, resulting in significant losses to public assets [9][10][12]. Distinction from Abuse of Power - There was a discussion regarding whether A's actions constituted abuse of power; however, it was concluded that his actions were more aligned with negligence rather than intentional misconduct [13][15].
检察机关依法分别对梁志敏、杜平太、喻辉、张强提起公诉
Yang Shi Wang· 2025-07-11 08:30
Group 1 - The core viewpoint of the articles is the legal actions taken against several officials for alleged bribery, highlighting ongoing anti-corruption efforts in various provinces [1][2][3][4] Group 2 - The Yunnan Provincial People's Procuratorate has filed a public prosecution against Liang Zhimin for accepting bribes while holding multiple significant positions, including the Director of the Yunnan Provincial People's Congress [1] - The Anhui Provincial People's Procuratorate has initiated a public prosecution against Du Ping Tai for accepting bribes during his tenure as Vice Chairman of the Hefei Municipal People's Congress [2] - The Hunan Provincial People's Procuratorate has brought charges against Yu Hui for accepting bribes while serving as Deputy General Manager of Hunan Airport Management Group [3] - The Guangdong Provincial People's Procuratorate has filed charges against Zhang Qiang for accepting bribes while holding various leadership roles in the Zhuhai Municipal Government [4]
检察机关依法分别对薛建华、赵队家、黄兴海提起公诉
Yang Shi Wang· 2025-07-09 08:08
Group 1 - The prosecution has been initiated against three individuals: Xue Jianhua, Zhao Duijia, and Huang Xinghai for alleged bribery offenses [1][2][3][4] - Xue Jianhua, former director of the Social Construction Committee of the Qinghai Provincial People's Congress, is accused of accepting bribes amounting to a particularly large sum while holding various positions from 2006 to 2017 [2] - Zhao Duijia, former deputy general manager and chief engineer of Shanxi Transportation Holding Group, is also accused of accepting bribes while leveraging his official positions to benefit others [3] - Huang Xinghai, former party secretary and chairman of Hainan Transportation Investment Holding Company, is charged with using his official capacity to solicit bribes and provide improper benefits to others [4] Group 2 - The cases against these individuals have been investigated by their respective provincial supervisory commissions and have now been transferred to the prosecution stage [2][3][4] - Each accused has been informed of their legal rights and has undergone questioning, with their defense opinions being considered during the prosecution process [2][3][4] - The prosecution emphasizes the particularly large amounts involved in the alleged bribery, indicating the severity of the charges against each individual [2][3][4]
以案明纪释法丨准确认定以购买原始股为名受贿行为
Core Viewpoint - The article discusses a case of potential bribery involving state officials and private companies, highlighting the complexities of identifying corrupt practices disguised as legitimate transactions [1][4]. Basic Case Facts - A state employee, referred to as A, was involved in facilitating the IPO of a private company, B, through his relative, C, who was the legal representative of another private company [2]. - B's actual controller approached C to leverage A's position to expedite the IPO process, leading to a series of actions that benefited B [2]. Key Events - In June 2013, as B was preparing for its IPO, the controller of B promised to gift shares to C as a thank-you for the assistance provided by A and C [3]. - C made a nominal investment of 540,000 yuan for shares valued significantly higher at the time of the IPO, with the understanding that there would be no risk involved [3]. Diverging Opinions - Three differing opinions exist regarding the classification of A and C's actions, ranging from not constituting bribery to being classified as joint bribery due to the nature of the transactions [4][5][6]. Analysis of Opinions - The third opinion, which views the actions of A and C as a form of bribery, is supported by the argument that C's investment was merely a facade for receiving substantial profits from the IPO [7][8]. - The nature of C's investment and the subsequent profits are analyzed, indicating that the transaction was not a legitimate investment but rather a means to facilitate a corrupt exchange [9][10]. Conclusion on Criminality - A and C are deemed to have committed joint bribery, as A utilized his position to benefit B, while C received shares under the guise of investment, ultimately profiting significantly from the IPO [11][12][13]. - The total amount of bribes is suggested to be the entire profit C received from the shares, amounting to 26 million yuan, rather than just the nominal investment [14][15][16].