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三堂会审丨怎样认定合作投资型受贿的犯罪数额
Core Points - The case involves a public official, referred to as "甲," who engaged in illegal profit-making activities while holding various government positions, leading to charges of bribery and embezzlement [4][5][9] - The investigation revealed that "甲" utilized his official capacity to facilitate business opportunities for private individuals, resulting in significant financial gains for himself [6][7][12] Summary by Sections Basic Case Facts - "甲" invested 4.3 million yuan in a factory project during his tenure as a police chief, with a personal investment of 2.15 million yuan, and received a total of 4 million yuan in rental income from 2008 to 2023 [4][5] - Over the years, "甲" accepted bribes totaling approximately 14.88 million yuan, with some amounts being unsuccessful attempts [5][6] Investigation Process - The investigation began in December 2022, leading to formal charges in July 2024, with "甲" ultimately receiving a 12-year prison sentence and fines totaling 1.2 million yuan [8][9] Legal Interpretations - The collaboration between "甲" and other public officials in investment activities was deemed a violation of disciplinary regulations, as it directly related to "甲's" official duties and the potential for personal financial gain [10][11] - The court determined that the rental income and compensation received by "甲" from the factory project constituted bribes, as he did not actively participate in the management or investment of the project [12][13] Bribery and Embezzlement Details - "甲" was found to have facilitated business opportunities for private individuals, receiving benefits in return, including cash and other financial advantages [14][15] - The case also involved the employment of "甲's" relative in a company controlled by a businessman, which was interpreted as a means of providing bribes through salary payments and social security contributions [18][19]
三堂会审丨出资假象难掩受贿实质
Core Viewpoint - The case involves Wu, a former leader of a state-owned enterprise, who engaged in corrupt practices by investing in a real estate project through relatives and receiving illicit profits, leading to serious disciplinary actions and legal consequences [3][4][10]. Group 1: Background of the Case - Wu served as the Party Secretary and Chairman of A Province Investment Company and Chairman of B Investment Management Company until his resignation in January 2021 [3]. - Wu violated integrity discipline by investing 3.08 million RMB in a real estate project through relatives, earning a total profit of 786,500 RMB from 2019 to 2021, with Wu personally profiting 418,600 RMB [3][4]. Group 2: Corruption Details - Wu and Zhang conspired to receive 10.14 million RMB from D Investment Partnership, manipulating the shareholding structure of B Investment Management Company to benefit themselves [4][5]. - They arranged for Zhang to take out a loan in the name of D Investment Partnership to cover their investment, agreeing to repay the loan with the investment returns, which was deemed a form of bribery [12][15]. Group 3: Legal Proceedings - The investigation into Wu's misconduct began on May 27, 2023, leading to his expulsion from the Party on November 27, 2023, and subsequent criminal charges for bribery [7][8]. - On February 5, 2024, the court sentenced Wu to ten and a half years in prison and imposed a fine of 2 million RMB for his bribery offenses [9]. Group 4: Expert Opinions on Misconduct - Experts argue that Wu's actions constituted a violation of integrity regulations, as he used his position to engage in profit-making activities that conflicted with his official duties [10][11]. - The nature of Wu's investment in the real estate project was scrutinized, with opinions suggesting it was a facade for receiving bribes rather than a legitimate investment [18][19]. Group 5: Implications for State-Owned Enterprises - The case highlights the risks associated with leadership positions in state-owned enterprises, emphasizing the need for strict adherence to integrity and anti-corruption regulations [10][20]. - It serves as a cautionary tale regarding the potential for abuse of power and the importance of transparency in investment activities within state-owned entities [20].
三堂会审丨在职谋利离职后收受财物如何定性
中央纪委国家监委网站 程威 特邀嘉宾 柯 键 江苏省苏州市姑苏区纪委监委第二纪检监察室副主任 黄艳虹 江苏省苏州市姑苏区纪委监委案件审理室主任 黄 晔 江苏省苏州市姑苏区人民检察院检察二部主任 纪长波 江苏省苏州市中级人民法院刑二庭副庭长 编者按 基本案情: 甲,曾系A市B区税务局副科级干部,先后负责办理企业股权变更、注销等涉税业务,2019年5月提前退 休。 违反廉洁纪律。2016年至2021年2月,甲在税务局工作期间,以及从税务局退休后两年内,通过与财税 中介代理机构合作"代理业务",以其女儿、亲属名义开办公司,与相关企业签订服务协议担任税务顾 问、收取顾问费用等方式,共计获取薪酬86万元。 受贿罪。2012年1月至2019年5月,甲利用负责办理企业股权变更、注销等涉税业务的职务便利,或利用 本人职权或者地位形成的便利条件,通过其他税务工作人员办理上述业务的职务行为,为相关企业在不 缴少缴税款等方面谋取利益,先后收受他人所送钱款共计246万余元。 其中,2012年上半年,甲利用负责办理企业注销涉税业务的职务便利,在经办D公司(私企)注销税务 登记业务中,促成丙向D公司收回房租,丙为感谢甲提供的帮助送其钱款 ...
三堂会审丨准确区分认定分红款与受贿款
中央纪委国家监委网站 王李彬 特邀嘉宾 刘重稷 四川省南充市纪委监委第十三纪检监察室副主任 杨 梅 四川省南充市纪委监委案件审理室干部 林 燕 四川省南充市嘉陵区人民检察院检察官 【立案审查调查】2023年6月27日,B市纪委监委决定对王某某涉嫌严重违纪违法问题立案审查调查。 同年7月3日,经批准,对王某某采取留置措施。同年9月28日,经批准,对王某某延长留置时间三个 月。 【党纪政务处分】2023年12月13日,经B市纪委常委会会议研究并报B市委批准,决定给予王某某开除 党籍处分,并取消其享受的退休待遇。 罗泽民 四川省南充市中级人民法院法官 编者按 本案中,国家工作人员王某某投资30万元与兰某经营某砖厂,获取分红400万元及债权30万元,后又出 资290万元以兰某名义入股某公司陇南项目获取分红1293.4万元,相关行为如何定性?王某某在明知某 公司已不再吸收股本金的情况下,坚持以30万元债权追加"投资"到兰某处,并因此获取"分红"133.8万 元,该行为应如何定性?程某在兰某明确表示不愿意的情况下,提出追加30万元债权"投资",并事后告 知王某某的行为,能否认定为索贿?我们特邀相关单位工作人员予以解析。 ...