According to Yang's testimony in the judgment, in 20 17, the agent China Universal Leasing Co., Ltd. had a financial lease contract dispute with the Armed Police General Hospital. The case was heard in Haidian District Court. In the first half of 20 18, Yang informed Jiao, then president of Haidian Court, of the case and gave him 200,000 yuan, hoping to make a judgment as soon as possible.
Judicial corruption should also pay attention to ways and means. The attorney paid a bribe of 200,000 yuan to the president of the court, only saying that he hoped to make a judgment as soon as possible, but did not say who would win the case. But I don't want to decide each other's case as soon as possible.
Of course not. After China Universal Leasing Co., Ltd. won the case, Mr. Yang gave Jiao RMB 65,438+10,000.
More interestingly, the screenshot of this judgment also shows that Zhang Gangcheng, then vice president of Haidian Court, and Guo Qi and Jia Jun, judges of the civil court, said that Jiao did not give three instructions on specific cases.
Dean Jiao accepted a bribe of 300,000 yuan from lawyer Yang and did not say hello to his subordinates. In the view of a prosecutor in Panjin, Liaoning, this is the moral bottom line of judicial personnel!
However, it is puzzling that a court president won the case without saying hello. As a former Supreme Court judge, why did Lawyer Yang pay bribes to President Jiao? Is there no place to spend more money?
Everything is magical!
In any case, Dean Jiao was sentenced for corruption and bribery, and lawyer Yang who paid him a bribe of 300,000 yuan is still at large.
Someone analyzed this matter from a legal point of view. According to the provisions of the Criminal Law, a briber who voluntarily confesses accepting bribes before being prosecuted may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in detecting the case, or if there is significant meritorious service, the punishment may be mitigated or exempted.
Lawyer Yang paid a bribe of 300,000 yuan at a time, and the amount of the case was tens of millions, which was by no means a minor crime. However, Dean Jiao in the briefing did a lot of evil. Such an unannounced bribery case did not play a key role in detecting Jiao's corruption and bribery case and made great contributions.
What if lawyer Yang took the initiative to go to the Commission for Discipline Inspection to explain the problem after knowing that Jiao was investigated? Even in this case, according to the provisions of the criminal law, at most, the punishment is lighter or mitigated, not exempted from punishment.
Moreover, lawyer Yang has not only not been investigated for criminal responsibility by the judicial organs, but also has not been subjected to administrative punishment by the lawyer industry, which is also a serious violation of the provisions of the Lawyers Law.
Did lawyer Yang create a miracle? Or is his business exquisite, and he is indispensable for Beijing lawyers? If it is really magical, its name will not appear in the judgment. Everyone on earth is short of lawyers.
In fact, as long as we pay a little attention to some judges' bribery cases at ordinary times, it is not difficult to find that lawyer Yang paid bribes to court leaders without being punished. This is not a case. He is just one of many lawyers who paid bribes to judges without being punished.
Last year, Nick Cheung, vice president of Qianhai South High School, brought out dozens of bribery lawyers, most of whom were outstanding; Later, the case of three judges of Jinan Intermediate People's Court in Shandong Province also brought out more than 20 bribery lawyers. So far, most of these bribery lawyers who appeared in the verdict have not been punished.
If this phenomenon happens again and again, it can't be explained by coincidence, but more like the tacit understanding behind it.
This is not like the controversy caused by the female star who played Gege being fined 600,000 by the CSRC. This is a legislative issue. Although unreasonable, the maximum penalty can only be so much if the law has not changed.
The legal boundaries of bribery are clear. Although the guidelines are not clear, at least there are laws to follow.
There are laws to follow, but breaking the law is not normal, and there will be demons when something goes wrong.
Lawyers' explicit bribery behavior, but not punished by law and industry, will lead to many adverse effects and serious consequences.
First of all, whether lawyers who have paid bribes to judges or lawyers who are paying bribes to judges, when they see that a well-known lawyer has paid 300,000 yuan to the president of the court without being punished, will they continue to pay bribes to judges or will they stop paying bribes? The answer is obvious.