自首

Search documents
三堂会审丨借款收息还是非法经营同类营业
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-02 01:06
Core Viewpoint - The case involves the investigation and prosecution of Shi for bribery and illegal business operations, highlighting the misuse of public office for personal gain and the legal implications of such actions [5][8][23]. Group 1: Case Background - Shi held multiple positions in a state-owned real estate development company, utilizing his role to facilitate business for others while receiving bribes totaling over 2.44 million yuan [5][23]. - A specific incident involved Shi receiving a property worth 793,000 yuan as a bribe, which was later sold by his son for 2.7 million yuan, raising questions about the proper assessment of the bribe amount [9][11]. Group 2: Legal Proceedings - The investigation began in January 2022, leading to Shi's detention and subsequent charges of bribery and illegal business operations [7][8]. - In March 2023, the court sentenced Shi to six years in prison and imposed fines totaling 550,000 yuan for his crimes, which included both bribery and illegal business activities [8][24]. Group 3: Legal Interpretations - The court determined that the bribe amount should be based on the market value of the property at the time of receipt, rather than the sale price, establishing a precedent for similar cases [11][12]. - The actions of Shi and his co-conspirators were classified as illegal business operations, as they exploited their positions to divert projects from the state-owned company to a private entity, resulting in significant illegal profits [12][13][20]. Group 4: Sentencing Considerations - The court considered mitigating factors such as Shi's confession and cooperation with the investigation, which influenced the final sentencing decision [22][24]. - The ruling emphasized the importance of accountability for public officials and the legal consequences of corruption within state-owned enterprises [23][24].
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].
三堂会审丨贪污伴随的滥用职权行为是否应单独评价
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-06-18 00:16
Core Points - The case involves three individuals (A, B, C) conspiring to falsely inflate seed procurement quantities, resulting in an overpayment of 120,000 yuan to Company C, which they later divided among themselves [5][9][10] - A, while serving as the head of the Agricultural Technology Promotion Station, engaged in corrupt practices, including embezzlement and bribery, totaling 2.08 million yuan in bribes and 460,000 yuan in collusion with another employee [6][12][14] - The investigation led to A being expelled from the party and public office, with subsequent criminal charges filed for embezzlement, bribery, and collusion [7][18][20] Summary by Sections Basic Case Facts - A was responsible for a seed procurement contract, where he, along with B and C, conspired to create a false procurement quantity, leading to an illegal return of 120,000 yuan [4][5] - A's actions included receiving bribes from multiple suppliers, totaling 2.08 million yuan over a decade [6][12] Investigation Process - The investigation began on September 25, 2023, with A being placed under detention, followed by disciplinary actions and criminal charges [7][19] - A was convicted on April 30, 2025, receiving a combined sentence of seven years in prison and a fine of 550,000 yuan [7][18] Legal Interpretations - The actions of A, B, and C were classified as joint embezzlement rather than bribery, as they involved the illegal appropriation of public funds [8][9] - The court determined that A and another employee, D, engaged in joint bribery, with A being the principal actor and D playing a secondary role [15][16]