In July of 20 13, Kuang Guanghua was transferred from the secretary of Anyuan County Party Committee to Ganzhou Municipal Bureau of Organ Affairs, and was "double-regulated" during the National Day of 20 13.
20 13 12.23, Kuang Guanghua was criminally detained on suspicion of accepting bribes, and was arrested on 20 14 16.00. On August 20 1414, Kuang Guanghua was accused of accepting bribes and abusing his power in the Intermediate People's Court of Ganzhou City, Jiangxi Province.
The prosecutor of Ganzhou City Procuratorate read out the indictment: From 2005 to 20 13, when Kuang Guanghua was deputy secretary of Anyuan County Committee, deputy head of Huichang County Committee, deputy head of Huichang County Committee, county magistrate and secretary of Anyuan County Committee, he used his position to seek benefits for others and illegally accepted other people's property with a total value of RMB 695,505,438+0.33 million.
The indictment detailed the details of Kuang Guanghua's nine bribes. The public prosecutor believes that Kuang Guanghua's criminal facts are clear and the evidence is indeed sufficient, so he should be investigated for criminal responsibility for accepting bribes. In response to the indictment of Ganzhou City Procuratorate, Kuang Guanghua denied accepting bribes and abusing his power one by one in court, saying that he was tortured by the task force and forced to fabricate the plot of accepting bribes. He only admitted that he had received the gift of Toti watches and Canon DV, and other matters were forced to fabricate confessions under the torture of the case-handling personnel of the task force.
According to the indictment, "On the day before the Spring Festival of 20 10, at the fork of the road from Junmenling Town to Xunwu County in Huichang County, Xie gave Kuang Guanghua RMB 1 10,000 yuan." Kuang Guanghua said that during the Spring Festival of 20 10, he had never seen Xie Mou in this section and had not received any money from Xie Mou. This statement was fabricated under the inducement and coercion of the case handlers.
Kuang Guanghua said that during his 88 days of double detention, he was tortured by the case handlers to extract confessions. Kuang said that in the end, he really couldn't bear to be beaten, and the other party threatened his family, so he was forced to make a confession according to the other party's meaning. Kuang Guanghua showed his scars in court. He said that he was severely squeezed from the waist down, his legs were swollen, his legs were seriously injured, and he was inconvenient to move. Family members have repeatedly asked for medical examinations, but they have all been rejected by relevant parties.
These "extorting confessions by torture" do not involve the exclusion of illegal evidence. "The court only cares about extorting confessions by torture by the procuratorate and the public security." Gong Zhifang, Kuang Guanghua's lawyer, said that after the case was handed over to the procuratorate, the procuratorate did not extort a confession by torture, and the relevant confession evidence was recreated by the procuratorate. At this stage, Kuang Guanghua made the same confession as when he was detained.
During the trial, the presiding judge repeatedly interrupted Kuang Guanghua's speech and asked him to discuss only the criminal facts involved in the indictment, not the contents unrelated to the case.
Zhang Qingsong, the attorney of Kuang Guanghua, demanded in court that the evidence in the investigation stage be excluded as illegally obtained evidence. The presiding judge said that according to the relevant provisions of the law, the court decided to investigate the legality of the evidence before the end of the court investigation.
The court held that Kuang Guanghua's confession was important evidence in this case. The court finally found that although Kuang retracted his confession during the trial, he could not reasonably explain the reasons for his retraction, and his defense contradicted the evidence of the whole case, so he could accept his confession at the investigation stage. During the trial, Kuang Guanghua reported that Su Rong's wife Yu Lifang wanted to intervene in the rare earth mine in Anyuan County, but Kuang Guanghua failed, causing retaliation from the main leaders of Ganzhou City.
The judge of the court and the prosecutor of the procuratorate did not comment on Kuang Guanghua's report in court. Zhang Qingsong, the attorney of Kuang Guanghua, said that if Kuang Guanghua's report is true, once it is verified that there are criminal clues or criminal acts, he can make meritorious deeds according to the report and appropriately impose a lighter sentence.
The presiding judge said in court that the court reviewed the evidence provided by the judicial organs, and the procuratorial organs obtained evidence legally, and there was no confession by torture.
According to the verdict, according to the law, criminals who report and expose other people's criminal acts after they arrive at the case or provide important clues for the detection of other cases shall be deemed as meritorious deeds after verification. In this case, although Kuang Guanghua "reported" in court, he did not report or expose anyone who committed a criminal act. This kind of "report" does not belong to "report and expose other people's criminal acts" or "provide important clues for solving other cases", and it cannot be recognized that he has made meritorious deeds according to law. The court of first instance held that Kuang Guanghua took advantage of his position to illegally accept other people's property and seek benefits for others, and his behavior constituted the crime of accepting bribes. Kuang Guanghua, as a staff member of state organs, knew that his relative Luo Moumou was illegally mining rare earths in Anyuan County, and still instructed his subordinates to keep them illegally. As a result, the illegal exploitation of rare earths by Luo Moumou and others has not been investigated and dealt with by relevant departments for a long time, causing serious losses to the country's mineral resources. It is an act of handling official duties in violation of regulations and the circumstances are particularly serious, and its behavior constitutes a crime of abuse of power.
20 14,10 On the morning of June 9, the Intermediate People's Court of Ganzhou City, Jiangxi Province held a public hearing on the case of Kuang Guanghua, former secretary of the county party committee of Anyuan County, accepting bribes and abusing his power, and sentenced him to fixed-term imprisonment of 15 years for accepting bribes, and confiscated 600,000 yuan of property. Kuang Guanghua was sentenced to five years in prison for abusing his power. Decided to execute a fixed-term imprisonment of 17 years and confiscate property of 600,000 yuan.
Kuang Guanghua expressed dissatisfaction in court and will appeal. On September 7th, 20 15, Kuang Guanghua was notified by Jiangxi Provincial High Court for accepting bribes, and was sentenced to fixed-term imprisonment in the second instance 15 years.
The second trial of Jiangxi Provincial High Court found that Kuang Guanghua used his position to seek benefits for others many times, and illegally accepted property totaling RMB 6,399,338 +0.300 yuan and US$ 2,252.5 (including 700,000 yuan). Among them, Xie, the chairman of Jiangxi Huichang Shunda Industrial Co., Ltd., received a bribe of 3.7 million yuan.