2011June 13. Luo Fei was arrested in Zhang Shuguang for four months, and was placed under residential surveillance by Changping Branch of Beijing Public Security Bureau on suspicion of accepting bribes. On June 24th of the same year, he was criminally detained by Dongcheng Branch of Beijing Public Security Bureau. On June+10, 5438, Luo Fei was released on bail pending trial by Dongcheng Procuratorate. On June+10, 5438, Luo Fei was released from bail pending trial.
20 1 1 In August, the investigation by the Anti-Corruption and Bribery Bureau of Dongcheng Procuratorate ended, and Luo Fei's suspected bribery case was transferred to the Second Branch of Beijing Procuratorate for review and prosecution.
After examination, the Second Branch of the Municipal Procuratorate changed Luo Fei's crime from accepting bribes to concealing and concealing criminal facts. The crime refers to "the act of concealing, transferring, buying, selling on behalf of others or concealing or concealing in other ways knowing that it is the proceeds of crime and the income generated by it".
The prosecution alleged that during the period from 2007 to 2011,Luo Fei concealed and concealed the money and materials given by Yang, the legal representative of Guangzhou Railway Locomotive and Rolling Stock Sales and Leasing Co., Ltd., knowing that it was the proceeds of his lover Zhang Shuguang's bribery crime, and the above money and materials were equivalent to RMB19800 yuan. Luo Fei was seized on June 20 1 1 and the money involved was recovered.
The prosecution believes that Luo Fei should be investigated for criminal responsibility by covering up and concealing the crime. The prosecution did not characterize Luo Fei's crime as "serious". If the prosecution is recognized by the court, Luo Fei may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and may also be fined; If you sue for accepting bribes, you will start with a heavy sentence.
On February 2nd, 20 14, Luo Fei was sentenced to five years' imprisonment by Beijing No.2 Intermediate People's Court for accepting bribes. After sentencing, Luo Fei was transferred from bail pending trial to prison.
After the verdict, Luo Fei refused to accept the verdict and appealed to the Beijing High Court.
At the second trial, the Beijing Higher People's Court decided not to hold a hearing on the case according to law. Luo Fei's appeal reason is that there is no conspiracy between him and Zhang Shuguang to take advantage of Zhang Shuguang's position to benefit Yang, and he requests the court of second instance to be acquitted. Luo Fei's defender believes that Luo Fei has nothing to do with Yang's request to Zhang Shuguang and Zhang Shuguang's use of his position to help Yang, and Luo Fei has neither known nor participated in it. According to the criminal law, Luo Fei and Zhang Shuguang should not constitute a crime of accepting bribes. After trial, the Beijing Higher People's Court held that Luo Fei, as a special relation of Zhang Shuguang, a state functionary, had illegally accepted the trustee's property totaling 6,543,800+0,570 yuan, knowing that Zhang Shuguang took advantage of his position to seek benefits for the trustee, which constituted the crime of accepting bribes. In view of the fact that Luo Fei is an accessory to the crime of * * *, and can truthfully confess his crimes, all the stolen money and goods have been recovered, and his punishment shall be mitigated according to law.
2065438+On April 20, 2005, the Beijing Higher People's Court made a final judgment and upheld the first-instance judgment.