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三堂会审丨借用房屋还是受贿
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-06-25 00:34
Core Viewpoint - The case involves a former hospital executive, referred to as "甲," who engaged in corrupt practices, including accepting bribes and misusing his position to benefit others, leading to significant legal consequences [4][5][10]. Summary by Sections Basic Case Facts - "甲" held multiple senior positions at a public hospital and violated organizational discipline by accepting a bribe of 10,000 yuan from a subordinate, "乙," in exchange for helping "乙's" daughter secure a job, which he ultimately failed to do [4][5]. - Over the years, "甲" received over 4.75 million yuan in bribes while leveraging his authority in procurement and project contracts [5][10]. Investigation Process - The investigation began on May 10, 2024, leading to "甲" being placed under detention on May 13, 2024, and subsequently expelled from the Party and public office in August and October 2024, respectively [7][8]. - On September 18, 2024, the case was formally prosecuted, resulting in a conviction for bribery with a sentence of eleven years in prison and a fine of 1.5 million yuan [9][20]. Legal Analysis - The actions of "甲" were classified as a violation of organizational discipline and bribery, as he accepted money and facilitated a promotion for "乙" based on the bribe received [11][12]. - The court determined that "甲's" acceptance of a property from a supplier, "戊," constituted bribery, despite the property not being formally registered in his name [13][15]. - The court rejected arguments that "甲's" return of the property indicated a cessation of criminal activity, affirming that the bribery was complete upon acceptance and use of the property [14][16]. Sentencing Considerations - "甲" argued for a lighter sentence based on claims of self-reporting and cooperation, but the court found these claims unsubstantiated, as the investigation had already uncovered his actions prior to any self-reporting [20][21]. - The court concluded that "甲's" actions constituted a particularly large amount of bribery, justifying the eleven-year sentence and fine [21].