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三堂会审 | 违规从事营利活动与受贿犯罪相关问题分析
Core Points - The article discusses the case of Wang, a former official, who engaged in various corrupt activities, including providing intermediary services for private loans and accepting bribes, leading to his conviction for bribery and abuse of power [2][4][12]. Group 1: Case Background - Wang joined the Communist Party in December 1997 and held several positions, including Deputy Secretary of the C Town Party Committee and Deputy District Governor of E District [2]. - From December 2009 to September 2010, Wang provided intermediary services for private loan activities, earning a total of 250,000 RMB [2]. - Between 2003 and 2023, Wang illegally accepted over 8.29 million RMB in bribes while leveraging his official position [2]. Group 2: Investigation and Legal Proceedings - The investigation into Wang's activities began on May 5, 2023, leading to his detention on May 17, 2023 [3]. - On November 10, 2023, Wang was expelled from the Party and removed from public office [4]. - The case was transferred to the People's Procuratorate for prosecution on November 13, 2023, and a public prosecution was initiated on December 27, 2023 [4]. Group 3: Legal Analysis of Corruption - The distinction between engaging in paid intermediary activities and bribery is emphasized, focusing on whether the official used their position to benefit others [7][8]. - Wang's actions were classified as a violation of discipline rather than bribery since he did not leverage his official capacity to benefit the parties involved in the loan transactions [8]. - Wang's acceptance of 1 million RMB disguised as "dividends" from a mining project was determined to be bribery, as he used his position to facilitate the arrangement [9][12]. Group 4: Financial Implications - Wang's acceptance of 620,000 RMB in cash from a relative, who was a private entrepreneur, was recognized as completed bribery, with an additional 4.59 million RMB in interest classified as criminal proceeds [13][15]. - The legal framework for determining the nature of Wang's financial transactions is discussed, highlighting the importance of actual control over the funds received [15][17].