受贿罪

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受贿超3.16亿,海南省人大常委会原副主任刘星泰一审被判死缓
Xin Lang Cai Jing· 2025-08-26 10:00
Core Viewpoint - The Guilin Intermediate People's Court sentenced Liu Xingtai, former Deputy Director of the Hainan Provincial People's Congress, to death with a two-year reprieve for bribery, confiscating all personal property and requiring the return of illicit gains to the state [1][5]. Group 1: Case Details - Liu Xingtai was found guilty of accepting bribes totaling over 316 million RMB from 2003 to 2024 while holding various official positions in Shandong and Hainan provinces [2][3]. - The court noted that Liu's actions constituted a particularly serious crime, causing significant losses to the state and the public [5]. Group 2: Mitigating Factors - The court considered mitigating factors such as Liu's confession, cooperation with authorities, and the return of all illicit gains, which led to a lighter sentence [6][5]. - Liu's significant contributions in revealing other major crimes were also acknowledged, contributing to the court's decision for a reduced penalty [6].
受贿3.16亿余元 海南省人大常委会原党组副书记、副主任刘星泰一审被判死缓
Yang Shi Wang· 2025-08-26 09:23
Core Viewpoint - The Guilin Intermediate People's Court sentenced Liu Xingtai, former Deputy Director of the Hainan Provincial People's Congress, to death with a two-year reprieve for bribery, confiscating all personal property and requiring the return of illicit gains to the state [1][3]. Summary by Sections Case Details - Liu Xingtai was found guilty of accepting bribes totaling over 316 million RMB from 2003 to 2024 while holding various official positions, including Deputy Secretary of the Wudi County Committee and Deputy Director of the Hainan Provincial People's Congress [3]. - The court determined that Liu's actions constituted a particularly serious crime, causing significant losses to the state and the public [3]. Court Proceedings - The trial was held on May 29, 2025, with evidence presented by the prosecution and Liu Xingtai admitting guilt during the proceedings [4]. - The court acknowledged mitigating factors, including Liu's confession, active restitution of embezzled funds, and cooperation with investigations, which led to a lighter sentence [3][4].
受贿8451万,农行原副行长楼文龙一审被判无期
21世纪经济报道· 2025-08-25 10:42
Core Viewpoint - The case of Lou Wenlong, former Vice President of Agricultural Bank of China, highlights significant corruption within the banking regulatory framework, resulting in a life sentence for bribery and the forfeiture of all personal assets [1][5]. Group 1: Case Details - Lou Wenlong was sentenced to life imprisonment for accepting bribes totaling over 84.51 million RMB from 2005 to 2024 while holding various high-ranking positions in banking supervision and management [3][5]. - The court found that Lou's actions constituted a particularly serious crime, causing substantial losses to the state and public interests [5]. Group 2: Court Proceedings - The trial was held on June 6, 2025, with evidence presented by the prosecution and Lou Wenlong admitting to his crimes during the proceedings [7]. - The court considered mitigating factors such as Lou's confession, cooperation with authorities, and the return of all illicit gains, which influenced the sentencing decision [5][7].
宁夏政协原常委、经济委员会原主任李文华受贿一审被判十一年六个月
Xin Hua Wang· 2025-08-20 14:03
法院经审理查明:2003年下半年至2022年6月,李文华利用担任宁夏银川经济技术开发区党工委书记、 西夏区委书记,宁夏回族自治区政府副秘书长兼任自治区金融服务办公室主任,自治区国有资产监督管 理委员会主任兼任宁夏国有投资运营有限公司总经理,政协第十一届宁夏回族自治区委员会常委、经济 委员会分党组书记、主任等职务上的便利及其职权或地位形成的便利条件,为他人在项目审批、工程承 揽等方面提供帮助,先后多次非法收受、索取他人财物折合人民币共计1344.437万元。 法院认为,被告人李文华身为国家工作人员,利用职务上的便利,或利用本人职权或者地位形成的便利 条件,通过其他国家工作人员职务上的行为,为他人谋取利益,非法收受、索取他人财物折合人民币共 计1344.437万元,数额特别巨大,其行为构成受贿罪。鉴于其归案后如实供述办案单位已掌握的受贿事 实和未掌握的大部分受贿事实,主动退缴部分违法所得,自愿认罪认罚,可依法从轻从宽处罚。遂作出 上述判决。 新华社银川8月20日电(记者邹欣媛)宁夏回族自治区吴忠市中级人民法院20日通报,该院一审公开宣 判政协第十一届宁夏回族自治区委员会原常委、经济委员会原分党组书记、主任李文华受 ...
转任新职前收钱待履新后谋利构成受贿
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-20 00:38
Core Viewpoint - The article discusses the evolving nature of bribery, highlighting a case where a public official accepted a bribe before assuming a new position, leading to a complex relationship between the act of receiving money and the subsequent provision of benefits [1][2][3]. Group 1: Case Analysis - The case involves Wang, a deputy mayor, and Zhang, a construction company owner, where Zhang gave Wang 300,000 yuan before Wang took office as the mayor of E Town, expecting Wang to facilitate business opportunities for him [1][2]. - There are two interpretations regarding the nature of Wang's acceptance of the bribe: one argues that there was no administrative relationship at the time of receiving the money, while the other asserts that Wang's actions constitute bribery due to the subsequent benefits provided to Zhang [2][4]. - The article supports the view that Wang's actions represent a clear case of bribery, as he accepted the money with the intent to provide benefits once in his new role [3][5]. Group 2: Legal Framework - The legal definition of bribery involves a quid pro quo relationship, where the acceptance of money is linked to the provision of benefits through the abuse of official power [4][6]. - The article emphasizes that the timing of the actions (receiving money before taking office and providing benefits after) does not negate the existence of a bribery relationship, as long as there is a substantive connection between the two actions [6][7]. - It concludes that Wang's acceptance of the bribe and subsequent actions to benefit Zhang are interconnected, thus fulfilling the criteria for bribery under the law [5][7].
三堂会审 | 私设“小金库”并侵吞和挪用如何定性
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-20 00:38
Core Viewpoint - The case involves the misuse of public funds by a former court official, highlighting issues of corruption and the establishment of an unauthorized "small treasury" for personal gain [3][9][10]. Summary by Relevant Sections Basic Case Facts - The individual in question, referred to as Xiang, misappropriated a total of 356.9 million yuan in execution guarantee funds and judicial relief funds from 2007 to 2012, using them for daily expenses of the court [3][9]. - Over the years, Xiang and accomplices embezzled over 354 million yuan and misappropriated 60 million yuan for personal investments, including stock trading and real estate [3][4]. Investigation and Legal Proceedings - The investigation began in September 2020, leading to Xiang's expulsion from the party and public office by August 2021 [4]. - The case was transferred to the C District People's Procuratorate for prosecution, resulting in a ten-year prison sentence for Xiang in March 2023, along with fines totaling 655,000 yuan [4][5]. Nature of the "Small Treasury" - The "small treasury" was established by Xiang and involved the unauthorized management of public funds, which were supposed to be deposited in a designated court account [7][9]. - The establishment of such a treasury is classified as a violation of financial discipline, particularly as it occurred before the 2016 regulatory changes [8][9]. Classification of Crimes - The actions of Xiang and his accomplices were classified as embezzlement rather than the misappropriation of state assets, as the funds were considered public property [10][12]. - The court determined that the funds in the "small treasury" were public assets, and the actions constituted a collective crime of embezzlement [11][12]. Misappropriation of Funds for Personal Use - Xiang directed the transfer of 350,000 yuan from the "small treasury" to his personal account for stock trading, which was classified as misappropriation of public funds [13][14]. - The court ruled that this act constituted a completed crime of misappropriation, despite the subsequent return of the funds [14]. Transition from Misappropriation to Embezzlement - In a specific instance, Xiang misappropriated 300,000 yuan in execution guarantee funds, which transitioned from misappropriation to embezzlement when he conspired to illegally retain the funds [15][18]. - The court found that Xiang's actions demonstrated a clear intent to illegally possess public funds, leading to a classification of his actions as embezzlement [17][18].
以案明纪释法 | 国有公司人员滥用职权相关问题辨析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-20 00:38
Core Points - The article discusses the legal implications of Liu's actions as the general manager of a state-owned enterprise, specifically regarding the abuse of power and bribery [5][6][15] - It highlights the distinction between two types of abuse of power crimes under Chinese law: one involving state officials and the other involving employees of state-owned enterprises [1][8] Group 1: Case Background - Liu served as the general manager of a state-owned real estate management company from 2015 to 2020, responsible for managing public housing [2] - The company was tasked with managing 5,800 public housing units and ensuring the safety of state assets [2] - Liu was involved in approving the transfer of public housing rights, which required adherence to specific regulations regarding fees and evaluations [3] Group 2: Actions and Consequences - Between 2016 and 2020, Liu received over 500,000 yuan in bribes to reduce or waive transfer fees for public housing rights [3][4] - Liu's actions resulted in the improper waiver of fees totaling over 180,000 yuan, which should have been collected and deposited into the municipal treasury [4][15] - After the investigation, the involved parties reimbursed the waived fees, but this did not negate the losses incurred during Liu's tenure [4][15] Group 3: Legal Opinions - There are differing opinions on how to classify Liu's actions: one view suggests he should be charged with abuse of power as a state-owned enterprise employee, while another argues for classification as a state official [5][6] - The first opinion emphasizes the significant loss to the state-owned enterprise due to Liu's actions, while the second focuses on his role as a representative of a state agency [5][6][8] Group 4: Legal Framework - The article outlines the legal definitions and implications of abuse of power under Chinese law, specifically referencing Articles 397 and 168 of the Criminal Law [1][8] - It explains that the abuse of power crime involves actions that lead to significant losses to public assets and interests, with specific thresholds for what constitutes "major losses" [13][14][15]
国家烟草专卖局原副局长,被判15年
券商中国· 2025-08-12 11:19
Core Viewpoint - The case of Xu, former deputy director of the National Tobacco Monopoly Administration, highlights significant corruption within the tobacco industry, with a total of over 65.33 million RMB in bribes received from 2010 to 2024 [1][2]. Summary by Sections Case Details - Xu was sentenced to 15 years in prison and fined 5 million RMB for accepting bribes during his tenure in various positions within the tobacco administration [1]. - The court found that Xu used his official capacity to assist certain entities and individuals in administrative approvals, business operations, and employee recruitment, leading to substantial illegal gains [1]. Court Proceedings - The trial was held on May 28, 2025, with evidence presented by the prosecution and Xu's acknowledgment of his crimes during the proceedings [2]. - The court considered mitigating factors such as Xu's confession, remorse, and the return of all illicit gains, which influenced the sentencing decision [1].
三堂会审丨通过下属单位将公款借给其他单位如何定性
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-05 23:59
中央纪委国家监委网站 方弈霏 特邀嘉宾 张涛 重庆市纪委监委案件审理室副主任 朱闯 重庆市渝中区监委委员 黄延钦 重庆市渝中区人民检察院检察二部主任 赵文康 重庆市渝中区人民法院刑庭庭长 编者按 本案中,甲通过"集体研究"将C公司公款1500万元拨付给D公司后借给E公司使用,并要求E公司将某供配电工 程交由其特定关系人丙的亲属承揽,该行为应如何定性?甲接受丙转达丁的请托,利用职务便利帮助丁承接 项目,丙收受丁所送100万元后告知甲但未说明具体金额,甲是否应当对该100万元承担刑事责任?我们特邀 相关单位工作人员予以解析。 基本案情: 甲,1990年4月加入中国共产党,曾任A市B区房屋管理局(以下简称B区房管局)副局长、局长,B区区属国 有企业C公司党委书记、董事长等职。2020年5月退休。 挪用公款罪。2014年至2015年,甲接受商人乙的请托,利用其担任C公司党委书记、董事长等职务便利,个 人决定将C公司公款1500万元通过下属单位D公司借给与C公司有代建合作项目的E公司(私营企业,实际控 制人为乙)使用,并谋取了个人利益。 受贿罪。2004年至2023年,甲利用担任B区房管局副局长、局长,C公司党委书记、 ...
执意拍板上项目致2230万打水漂的县委书记,有新消息
Xin Jing Bao· 2025-08-05 19:39
Core Points - The case of Chen Hua, former deputy mayor of Hezhou City, Guangxi, has been transferred to the prosecution for alleged bribery [1][5] - Chen Hua's involvement in the failed tourism projects in Fuchuan County has raised concerns about mismanagement and misuse of public funds [2][4] Group 1: Allegations and Investigations - Chen Hua is accused of leveraging his official positions to gain illegal benefits and accepting substantial bribes [1][5] - The Guangxi Autonomous Region's supervisory committee concluded the investigation and referred the case to the prosecution [1] - The prosecution has informed Chen Hua of his legal rights and has begun formal proceedings against him [1] Group 2: Project Mismanagement - In 2017, Chen Hua approved tourism projects in Fuchuan County without adequate risk assessment, leading to financial losses [2] - The total investment for the "Water Show" and "Light Festival" projects was over 22.3 million [2] - Both projects ceased operations within a year due to poor financial performance, resulting in significant public discontent [2] Group 3: Disciplinary Actions - Chen Hua was expelled from the Communist Party and removed from public office due to severe violations of party and governmental regulations [4][5] - His actions included accepting gifts and engaging in corrupt practices, which were deemed detrimental to public interests [4][5] - The disciplinary measures were approved by the regional party committee and included confiscation of illegal gains [5]