存疑有利于被告人原则

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以案明纪释法丨向确有资金需求的请托人高息放贷如何定性
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-04-30 00:20
Core Viewpoint - The article discusses the legal implications of high-interest lending by state officials to borrowers with genuine financial needs, emphasizing the need to distinguish between legitimate private lending and potential bribery or disciplinary violations [1][6][9]. Summary by Sections Basic Case Facts - The case involves a state official, referred to as A, who provided financial assistance to a company director, referred to as B, from 2008 to 2023, receiving significant interest payments in return [2]. Divergent Opinions - Four differing opinions exist regarding the classification of A's high-interest lending behavior: 1. A's actions are seen as normal private lending due to B's genuine financial need [3]. 2. A's lending violates party discipline as it could affect the impartial execution of duties [3]. 3. The relationship between A and B is viewed as a facade for bribery, with all interest payments considered as bribes [3]. 4. A's actions are partially classified as bribery and partially as a disciplinary violation, with specific calculations for the amounts involved [3][4]. Opinion Analysis - The article supports the fourth opinion, advocating for a nuanced approach to determine the nature of the lending and its implications [5]. Legal Framework - The essence of bribery is highlighted as a transaction involving power and money, necessitating a thorough examination of the lending circumstances to determine if they constitute bribery [6][9]. Objective and Subjective Aspects - Objective analysis requires assessing whether the interest rates charged were reasonable and if there was a genuine need for the loan [7][8]. - Subjectively, the intent behind A's lending actions is crucial in determining if they were aimed at helping B or merely for personal gain [8][9]. Judicial Practice - The article references judicial interpretations regarding the calculation of interest rates in private lending cases, emphasizing the need for adherence to legal standards [13][15]. Financial Implications - The case illustrates the importance of correctly identifying and processing illicit gains from high-interest lending, ensuring that no one benefits from illegal activities [15][16].
小学副校长强奸女生案重审宣判:变更为强制猥亵罪判三年半,被告人决定上诉
Peng Pai Xin Wen· 2025-03-25 10:47
Core Points - The case of a vice principal accused of attempted rape of a female student has been retried, resulting in a conviction for forced indecency with a sentence of three and a half years in prison [1][10] - The court found that the evidence presented by the prosecution was insufficient to support the charge of attempted rape, leading to a change in the charge to forced indecency [2][9] Group 1 - The defendant, Ma, was previously convicted of attempted rape and sentenced to four and a half years, but this was overturned on appeal due to unclear facts [1][2] - During the retrial, the court noted inconsistencies in the victim's statements and found that the evidence did not support the claim of rape [2][10] - The court emphasized that while some of the victim's statements lacked credibility, this did not invalidate all her claims, leading to the conviction for forced indecency instead [2][11] Group 2 - The prosecution had initially sought a sentence of four to six years for the charge of attempted rape, citing the defendant's abuse of his position [3][5] - The defendant maintained his innocence throughout the proceedings, with his defense arguing that the evidence was contradictory and insufficient [6][8] - The court ultimately ruled that the defendant's actions constituted forced indecency, given the context of his role as a school official and the nature of the offense [10][11]