受贿罪
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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
Core Points - The Ningxia Hui Autonomous Region's Wuzhong Intermediate People's Court sentenced Li Wenhua, former member of the Ningxia CPPCC Standing Committee and head of the Economic Committee, to 11 years and 6 months in prison for bribery, along with a fine of 1 million RMB [1][2] - Li Wenhua was found guilty of accepting bribes totaling 13.44437 million RMB from 2003 to June 2022 while holding various government positions, including Secretary of the Yinchuan Economic and Technological Development Zone and Deputy Secretary-General of the Ningxia Government [1][2] Summary by Sections - **Judicial Outcome** - Li Wenhua received a prison sentence of 11 years and 6 months and a fine of 1 million RMB for bribery [1] - The court ordered the confiscation of illicit gains, which will be turned over to the national treasury [1] - **Bribery Details** - The total amount of bribes accepted by Li Wenhua was 13.44437 million RMB, classified as particularly large [2] - The court noted that Li used his official positions to facilitate project approvals and contract awards for others in exchange for bribes [1][2] - **Mitigating Factors** - Li Wenhua's confession and cooperation with the investigation, including the return of part of the illegal gains, were considered as mitigating factors for a lighter sentence [2]
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
Core Points - The case involves a former official, referred to as "甲," who misappropriated public funds and accepted bribes during his tenure in various positions, including as the chairman of a state-owned enterprise [5][8][10] - The investigation revealed that "甲" used his position to lend 150 million yuan of public funds to a private company, "E," through a subordinate company, "D," while seeking personal benefits [10][12][14] - The court found "甲" guilty of embezzlement and bribery, resulting in a combined sentence of 15 years in prison and a fine of 1 million yuan [8][22] Case Background - "甲" joined the Communist Party in April 1990 and held various positions until his retirement in May 2020 [4] - The investigation into "甲" began in February 2023, leading to his detention and subsequent prosecution for serious violations of discipline and law [6][7] Legal Proceedings - The case was formally prosecuted on August 1, 2023, with the court hearing taking place on September 8, 2023, resulting in a verdict on November 29, 2023 [8][9][10] - The court's decision emphasized that "甲" had used his authority to misappropriate funds and accept bribes, which constituted serious criminal offenses [12][14] Financial Misconduct - From 2014 to 2015, "甲" facilitated the lending of 150 million yuan from a state-owned company to a private entity, which was not in the interest of the public company [10][12] - "甲" received a total of over 12.57 million yuan in bribes from 2004 to 2023, indicating a pattern of corrupt behavior throughout his career [5][8] Bribery Details - "甲" was involved in a scheme where he accepted bribes in exchange for facilitating project contracts, with specific amounts linked to the value of the projects he helped secure [15][17] - The court ruled that even though "甲" did not know the exact amount of one bribe, he was still liable for the total amount received due to his involvement in the corrupt activities [16][18][22]
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]
受贿8891.43万余元,白廷辉一审被判无期!
Zhong Guo Qing Nian Bao· 2025-08-05 14:21
Group 1 - Bai Tinghui, former director of Shanghai State-owned Assets Supervision and Administration Commission, was sentenced to life imprisonment for accepting bribes totaling over 88.91 million yuan [1][3] - The court found that from 2004 to 2023, Bai used his positions to provide benefits to individuals and entities in engineering contracts and company operations, resulting in significant illegal gains [3] - Bai's actions were deemed to constitute a serious violation of duty and he was found to have accepted bribes in a particularly large amount, which led to the severe sentence [3][5] Group 2 - Bai Tinghui held multiple significant positions, including Vice President of Shanghai Shentong Metro Group and Director of Shanghai Water Authority, before becoming the director of Shanghai State-owned Assets Supervision and Administration Commission in 2019 [4] - His career ended in September 2023 when he was removed from his position, following a series of disciplinary violations and corruption allegations [4][5] - The Shanghai Municipal Government and the Central Commission for Discipline Inspection took serious actions against Bai, including expulsion from the Party and removal from public office due to his severe violations of party discipline [5]
上海市国资委原主任白廷辉一审被判无期
证券时报· 2025-08-05 12:40
Core Viewpoint - The article discusses the sentencing of Bai Tinghui, former director of the Shanghai State-owned Assets Supervision and Administration Commission, to life imprisonment for bribery, highlighting the misuse of power in public office and the significant amount involved in the case [1][3]. Summary by Sections Case Details - Bai Tinghui was found guilty of accepting bribes totaling approximately 88.91 million RMB from 2005 to 2023 while holding various positions, including roles in Shanghai Shentong Group and the Shanghai Municipal Water Affairs Bureau [3]. - The court determined that Bai's actions constituted a particularly large amount of bribery, and he was sentenced to life imprisonment, stripped of political rights for life, and ordered to forfeit all personal property [1][3]. Legal Proceedings - The Shanghai First Intermediate People's Court acknowledged Bai's cooperation during the investigation, including confessing to crimes and returning illicit gains, which were considered in the sentencing [3].
受贿7229余万元 贵州省水利厅原副厅长周从启一审被判13年
Yang Shi Wang· 2025-08-01 22:54
Core Points - The case involves Zhou Congqi, former deputy director of the Guizhou Provincial Water Resources Department, who was sentenced to 13 years in prison for bribery and fined 2 million RMB [1] - Zhou was found guilty of accepting bribes totaling over 72.29 million RMB from 2005 to 2023, leveraging his official positions to assist companies in various approvals and rights [1] - The court acknowledged mitigating factors such as Zhou's confession, cooperation with authorities, and return of illicit gains, leading to a lighter sentence [1] Summary by Sections - **Bribery Case Overview** - Zhou Congqi was sentenced for accepting bribes while serving in key government positions [1] - The total amount of bribes accepted was over 72.29 million RMB, with some not actually received [1] - **Court's Findings** - The court determined that Zhou's actions constituted a particularly serious case of bribery [1] - Mitigating circumstances included his confession and cooperation with the investigation, which influenced the sentencing [1]