The Judgment of Huang Jianping Case in Sanming City

Legal Analysis: In March 2020, the People's Procuratorate of Quanzhou City, Fujian Province filed a public prosecution against Huang Jianping (deputy department level), former deputy secretary of Sanming Municipal Committee, to the Quanzhou Intermediate People's Court for corruption, bribery, abuse of power, illegal mining and usury. In the stage of examination and prosecution, the procuratorial organ informed the defendant Huang Jianping of his litigation rights according to law, interrogated the defendant Huang Jianping according to law and listened to the opinions of the defenders. Quanzhou People's Procuratorate prosecuted the charges: During the period from 1996 to 20 19, the defendant Huang Jianping took advantage of his position as secretary of the Party Committee of Xiamao Town, member of the Standing Committee of Shaxian County Committee, deputy magistrate, member of the Standing Committee of Sanming Municipal Committee, secretary of Yong 'an Municipal Committee and deputy secretary of Sanming Municipal Committee to commit crimes of corruption, bribery and abuse of power; From 2005 to 20 13, Huang Jianping and others committed the crime of illegal mining and high-interest lending. According to the law, he should be investigated for criminal responsibility for embezzlement of public funds, bribery, abuse of power, illegal mining and usury.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 384 Any State functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities after being prosecuted by the court, or misappropriates a large amount of public funds and fails to return it for more than three months, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Article 389 Whoever gives money or property to a state functionary in order to seek illegitimate interests is guilty of bribery. In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery. It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.

Article 390 Whoever commits the crime of accepting bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. If the briber voluntarily confesses the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.