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约定型受贿犯罪形态认定
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安排“代理人”收受保管贿款如何认定犯罪形态
Core Viewpoint - The article discusses a case involving bribery, focusing on the actions of Huang, a government official, and Wang, a private company representative, in relation to the receipt and management of bribes, and the legal interpretations of their actions [1][2][3]. Group 1: Case Background - Huang, a government official, facilitated a construction project for Li, a private company representative, through his connections with Wang, who is also a private company representative [1]. - Li agreed to pay a 4% commission on the project value, amounting to 236.08 million yuan, as a bribe to Huang and Wang [2]. Group 2: Bribery Amounts and Payments - Li paid a total of 179 million yuan to Wang as a bribe, of which Huang received 90 million yuan, held by Wang for Huang's use [2]. - At the time of the case's discovery, Li had not yet paid the remaining 57.08 million yuan due to financial difficulties [2]. Group 3: Legal Interpretations - There are two main viewpoints regarding the nature of Huang and Wang's actions: one considers them as separate crimes, while the other views them as co-conspirators in a joint bribery offense [2][3]. - The second viewpoint is supported, asserting that both Huang and Wang are guilty of joint bribery, with a total amount of 236.08 million yuan, including both completed and attempted payments [2][3]. Group 4: Criminal Liability - Huang and Wang are considered co-conspirators in the bribery, as they had a mutual understanding to share the bribe and acted together to facilitate the bribery [3][4]. - The legal standard for determining the completion of the crime is based on whether the bribe was effectively controlled by the recipients, which in this case, was established when Wang received the 179 million yuan [4]. Group 5: Unreceived Bribe Amounts - The unreceived amount of 57.08 million yuan is classified as an attempted crime, as both Huang and Wang had initiated actions to collect this amount despite it not being paid due to external financial issues faced by Li [5].