纪法衔接条款适用
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三堂会审丨纪法衔接条款适用及受贿罪认定有关问题分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-11-19 00:05
Core Points - The article discusses the case of a public official, referred to as Shi, who was involved in multiple criminal activities including gambling, bribery, and abuse of power, leading to severe legal consequences [4][7][16] Group 1: Case Background - Shi joined the Communist Party in September 2013 and worked at a local government agency responsible for urban construction management [4] - From 2020 to 2023, Shi exploited his position to assist farmers in obtaining undue financial benefits, resulting in illegal gains of over 150 million yuan [4][15] - Shi was administratively punished for gambling in 2017 and later convicted of operating a gambling den, receiving a suspended sentence and a fine [5][12] Group 2: Legal Proceedings - The investigation into Shi's misconduct began in March 2024, leading to his detention and subsequent criminal charges for bribery, abuse of power, and fraud [6][7] - On November 8, 2024, the local prosecutor's office formally charged Shi with multiple offenses, culminating in a combined prison sentence of 18 years and a fine of 1.23 million yuan [7][14] Group 3: Legal Interpretations - The article emphasizes the importance of distinguishing between different types of misconduct by public officials, particularly regarding gambling and bribery [9][11] - It clarifies that Shi's actions constituted bribery rather than embezzlement, as he did not illegally possess public funds but rather solicited private payments from farmers [15][16] - The case illustrates the legal framework governing public officials' conduct, highlighting the need for strict adherence to both party discipline and national laws [3][13]