Song, the former chairman of Inner Mongolia Gankun Gold and Silver Refining Co., Ltd., was once called the "golden thief" by the outside world because the investigation agency seized gold and silver 1 ton in his residence. On Baidu Encyclopedia, he is known as one of the "China's most corrupt criminals in the past 30 years". Yesterday, the reporter learned that nearly two years after 20 13 was sentenced to death by the Inner Mongolia High Court for embezzlement and misappropriation of public funds, the Supreme Court recently ruled on the Song case, and the case entered the stage of death penalty review in the Supreme People's Court. The Supreme Court held that some facts identified in the case were unclear and the evidence was insufficient. It did not recognize the ruling of the Inner Mongolia High Court to uphold the death penalty in the first instance, and revoked the ruling and sent it back to the Inner Mongolia High Court for retrial.
□ case
More than 80 million people were sentenced to death for greed.
It is understood that Song, a 53-year-old chairman of Inner Mongolia Gankun Gold and Silver Refining Co., Ltd., was criminally detained on 201015 and arrested on February 28 of the same year. The case was filed for investigation by the Procuratorate of Inner Mongolia Autonomous Region. On 201265438+1October 26th, the procuratorate of the autonomous region submitted the case to the procuratorate of Bayannaoer City for examination and prosecution.
The Bayannaoer Intermediate People's Court found that Song constituted the crime of corruption and misappropriation of public funds. Taking advantage of his position, he embezzled and defrauded Gankun Company's share premium and other public property worth more than 65.045 million yuan, and misappropriated public funds of 265.438+0.8 million yuan for profit-making activities three times.
The court of first instance found Song guilty of corruption, sentenced him to death, deprived him of political rights for life, and confiscated all his personal property. He was convicted of misappropriating public funds and sentenced to 9 years in prison; Decided to execute the death penalty, deprived of political rights for life, and confiscated all personal property.
Song appealed after being sentenced to death in the first instance. On August 9, 20 13, the Inner Mongolia High Court held that the facts of the first-instance judgment were clear, the evidence was sufficient, the conviction and applicable law were correct, and the trial procedure was legal, and the first-instance judgment was upheld. The case then entered the stage of death penalty review by the Supreme Court.
The lawyer said that many facts lacked evidence.
Song did not recognize the judgments of the first and second trials, so he hired a lawyer to defend him during the review of the death penalty by the Supreme Court.
Xie Tongxiang, a defense lawyer in the Song death penalty review case, said that according to the case file, many facts identified by the court lacked evidence. Among them, the court found that it was unclear that Song appropriated 6,543,800 yuan from Gankun Company to register and set up his own company and obtained 6,543,807 yuan from 29,000 mu of land rent.
Xie Tongxiang believes that the company established by Song here is actually Niuyuan Company. On August 1 1, 2003, three senior managers of Gankun Company, including Song, set up Niuyuan Company on behalf of Gankun Company, which is essentially a subsidiary of Gankun Company. Later, on February 19, 2004, Niuyuan Company re-registered for capital verification. At this time, the investors of this company are Song and three outsiders. All these four individuals contributed funds, and the working capital was100000 yuan borrowed from Ma outside Song's case and transferred to the account of Niuyuan Company, but there was no money from Gankun Company. So the nature of this company is a private company in the Song Dynasty. It obtained 29,000 mu of land and other preferential conditions through the contract signed by its second Niuyuan Company and the government, and rented this part of the land, and the rent collected was legal.
In addition, Xie Tongxiang also pointed out that according to the resolution of the board of directors of Gankun Company in March 2005, Song no longer served as the representative of state-owned shares at that time, and the Development Zone Management Committee appointed others as the representative director of state-owned shares of Gankun Company. Song failed to meet the main requirements of embezzlement and corruption.
After the death penalty is reviewed, it is sent back for retrial.
On August 6th, 2005, the Supreme People's Court made a ruling on Song's death penalty review case.
The Supreme Court held that some facts identified in the first-instance judgment and the second-instance ruling were unclear and the evidence was insufficient.
The Supreme Court ruled that the Inner Mongolia High Court was not allowed to maintain Song's crime of corruption, sentenced to death, deprived of political rights for life, and confiscated all personal property; He was convicted of misappropriating public funds, sentenced to 9 years in prison, decided to execute the death penalty, deprived of political rights for life, and confiscated all personal property. Finally, the final ruling was revoked and sent back to the Inner Mongolia High Court for retrial.
□ Follow-up
Get a death sentence, write to the lawyer of the detention center and make a statement.
According to Xie Tongxiang, when he met Song on October 20 13, Song was still full of hope for his case, and he didn't feel like a person who had passed the second trial and was waiting for the death penalty review. According to Xie Tongxiang's description, Song was a shrewd man, who didn't have a good grasp of legal viewpoints and laws, unlike ordinary criminal parties. Song knows the law very well, and he can have his own defense for every criminal fact accused by the prosecution and every criminal fact identified by the court according to the legal provisions and rules. "It may be because he once served in the Inner Mongolia High Court. He knows the law and believes in it. " Xie Tongxiang introduced.
Xie Tongxiang told reporters that he unexpectedly received a letter from Song in the middle of this year, asking for an urgent meeting with his lawyer. Xie Tongxiang said that he met Song at his request, and he looked a little tired at that time. Song said that when he was reading a book, he found a news about himself, saying that Han, vice chairman of Inner Mongolia Autonomous Region, was accused by Song. Song thought it was ridiculous. He didn't have much communication with South Korea, so he wrote a statement and gave it to Xie Tongxiang. Song said in a statement: "I have no contact with Korea and know nothing about North Korea, so I can't report on North Korea. I didn't report Han. In the statement, Song claimed to be "a person who values friendship, abides by rules and has a conscience. I will never frame others and report others to save my life. "
Waiting for the death penalty review, worrying about being executed every morning.
According to Xie Tongxiang, a lawyer of Song Xiang, it has been more than one year since 20 15, and Song began to feel anxious.
Xie Tongxiang said that Song once talked about the great influence of two death sentences on him. In recent years, he has a new understanding of life and death. "He said that he witnessed that about five people in the detention center were put forward for execution, which had a great influence on Song at that time."
Xie Tongxiang said that Song told him that the detention center where he was held stipulated that the time to bring people up was 6 o'clock every morning. Some of these people have been brought to court for trial, some have been questioned, and some are waiting for the death penalty review Song Like Dai Wen. "He gets up from one o'clock to five o'clock every day, waiting, waiting to pick up people at six o'clock. After a while, he hasn't come to meet people, which means he is safe. This day is safe. " Xie Tongxiang said that because the Supreme Court's death penalty review ruling was sent directly to the detention center, the day of delivery was the execution day, so Song could only know whether the death penalty was reviewed on the day of execution or the day of receiving the review ruling.
□ Expert statement
The retrial applies the new criminal law according to the principle of benefiting the defendant.
Song was ruled by the Supreme Court in August this year to revoke the ruling of the second instance and sent back for retrial. This year, the Ninth Amendment to the Criminal Law was promulgated and implemented for 5438+065438+ 10 month, in which the provisions on the crime of corruption were revised. So will the retrial of the Song case be conducted in accordance with the new criminal law standards?
In this regard, the professor of Criminal Procedure Law of China University of Political Science and Law believes that the principle of benefiting the defendant should be followed after retrial. In other words, the sentencing of Amendment 9 and Amendment 8 of the Criminal Law is more favorable to the defendant and the penalty is lighter, so which is like the law?
The ruling of the Supreme Law is to revoke the judgment of the second instance and send it back for retrial, which means that the case has not become final, and there may be conflicts between the old and new criminal laws during retrial, so the principle of benefiting the defendant is applied. Judging from the current situation, the punishment scale and conviction threshold of corruption cases in Amendment 9 of the Criminal Law have been improved, and retrial cases should be tried in accordance with the new criminal law.
& gt& gt The specific content involved
According to the court of first and second instance, during his tenure as the chairman and general manager of Inner Mongolia Gankun Gold and Silver Refining Co., Ltd. (hereinafter referred to as Gankun Company), Song took advantage of his position to illegally acquire more than 5170,000 shares of Gankun Company by subscribing and purchasing shares at a low price, and illegally took the share premium of10,000 yuan for himself.
From the second half of 2002 to June 2003, Song appropriated funds of100000 yuan from Gankun Company to set up a company. At the same time, in the investment agreement signed with the government of Molidawa Daur Autonomous Banner, Song changed the owner of the 19 state-owned land use certificate with an area of more than 29,000 mu invested by the Bureau of Land and Resources of Molidawa Daur Autonomous Banner for Gankun Company to his own company name, and rented the land for farming and charged rent. In eight years, Song collected rent of170,000 yuan and kept it for himself.
From March, 2005 to June, 5438+February, 2007, Song took advantage of his position to misappropriate 3 million yuan of public funds from Gankun Company for the registration and establishment of Shengkun Company, and illegally resold a gold mine purchased by Gankun Company in the name of Shengkun Company, embezzling more than 25 million yuan.
From the end of 2005 to 2006, in the name of investing in a factory, Song misappropriated 8 million yuan of public funds loaned by the management committee of a high-tech industrial development zone in Chifeng, registered and established a company in the name of his relatives, and engaged in business activities. At the same time, he illegally took the gold and other property of Gankun Company worth more than 6,543,800 yuan as his own.