Six months later, Xinhua News Agency reported that since June, the Supervision Department of the Central Commission for Discipline Inspection has initiated an investigation into Liu Zhihua's serious violation of discipline. Upon investigation, during his tenure as Secretary-General and Deputy Mayor of Beijing Municipal Government, Liu Zhihua took advantage of his position to seek benefits for others, and demanded and accepted other people's property equivalent to several million yuan. Corrupt life, keeping mistresses, abusing power to seek huge illegal interests for mistresses to undertake projects. Liu Zhihua's disciplinary facts are clear, the evidence is conclusive, the circumstances are serious and the influence is bad. Among them, bribery and other issues have been suspected of committing crimes.
Before and after Liu's "double regulations", Beijing merchants were investigated, and it was rumored that Zhang Wenzhong, chairman of Wumart Group, gave Liu Zhihua shares worth over 100 million yuan.
As Liu is in charge of the Olympic project construction, the outside world also suspects that his benefits are related to the Olympic project. It is also reported that Liu Zhihua kept many mistresses and built a palace in Huairou Kuangou for their entertainment. The case originated from a sex video of him and his mistress. It took 28 months from Liu Zhihua's "double detention" to the trial.
On February 6, 2006, 65438, Liu Zhihua was put on file for investigation by the procuratorate. On June 29, 2007, he was transferred for review and prosecution.
Later, due to the seriousness and complexity of the case, the time limit for review and prosecution was extended for half a month three times and returned for supplementary investigation twice. On June 26th, 2006, 165438+ was again transferred for review and prosecution. On June 65438+1October 65438+April 2008, the case of Liu Zhihua's alleged bribery was heard in the Intermediate People's Court of Hengshui City, Hebei Province. The nine-page indictment only accuses Liu Zhihua of taking bribes, saying that he took advantage of his position as deputy mayor of Beijing and director of the management committee of Zhongguancun Science Park in 2006 1999 to seek benefits for others in terms of asset replacement, land development, job promotion and bank lending. , alone or in collusion with his mistress, Wang Jianrui, solicited or illegally accepted the property of 10 units and individuals, amounting to RMB 6,965,900.
Judging from the indictment and court materials, most of the allegations of bribery against Liu 10 came from real estate projects, and none of them involved Olympic projects. In addition, the rumor that Xinggong and Zhang Wenzhong donated 1 100 million shares has not been confirmed. In the indictment of Hengshui Procuratorate and the judgment of Hengshui Intermediate People's Court, Liu Zhihua's mistress, Wang Jianrui, the legal representative of Beijing Peng Sen Project Management Company, was mentioned at the age of 50.
Liu Zhihua admitted this at the trial, and in the final statement of the court, he said he was sorry for his wife and children. Wang Jianrui is also the only mistress confirmed by official materials and Liu Zhihua himself.
Liu Zhihua's defense lawyer Mo said that after many meetings with Liu Zhihua, Liu Zhihua said he knew nothing about the sex video. "If there is a video, it is me and Wang Jianrui." Don't repeat what Liu said.
Mo said that Liu Zhihua had many mistresses, while Liu Zhihua's mistress was untrue. "If there are others, Liu Ye will definitely be included in the accusation." Mo said that when Liu Zhihua was working in the Ministry of Labor, they met on the train to Zhuhai for business. 200 1, Wang Jianrui divorced her husband and kept in love with Liu Zhihua.
On June 23, 2006, at 5438+00, five days after the verdict of Liu Zhihua case, Hengshui Intermediate People's Court sentenced Wang Jianrui to eight years' imprisonment for accepting bribes.
Of the nearly 7 million yuan in bribes, Liu Zhihua only took more than 480,000 yuan, and the remaining 6 million yuan was related to his mistress Wang Jianrui.
Among them, the largest sum is to receive more than 4.4 million yuan of property from Beijing Zhongrong Property Co., Ltd. (hereinafter referred to as Zhongrong Company).
According to the judgment, from 1999 to 2005, Liu Zhihua, then vice mayor of Beijing, provided assistance for the asset replacement of Sany Building of Zhongrong Company, and demanded 409,000 yuan of Buick cars and 4 million yuan from the chairman of Zhongrong Company twice.
Beijing municipal government plans to build a new capital museum. This project is the largest cultural public welfare facility in Beijing since the founding of New China.
According to the opinions determined by the Beijing municipal government office meeting, the project site is located at Fuxingmenwai Street 16, where the State Bureau of Machinery Industry is located. As a condition, the Beijing municipal government needs to find housing for the National Bureau of Machinery Industry for replacement.
Liu Zhihua is in charge of this work. Liu handed over the project to a comprehensive investment company, which designated it as responsible.
The news of the replacement spread quickly. At the beginning of 2000, Huimou, the chairman of Zhongrong Company, learned about this matter and found Liu, demanding that Sany Building, which became an unfinished building due to insufficient construction funds, be sold to the State Bureau of Machinery Industry.
Sanyi Building is a famous unfinished building in Xuanwu District. Wang Jianrui said that she and the leaders of Xuanwu District found Liu Zhihua and offered to help sell it.
"I put forward to buy me a car after the job is done. The leaders of Xuanwu District agreed. " Wang Jianrui recalled that when talking about buying a car, "Liu Zhihua said' should' at that time".
After a coordination meeting hosted by Liu Zhihua, Sany Building was sold to the State Bureau of Machinery Industry for 400 million yuan.
Recall that when the two parties got together after signing the agreement, Wang Jianrui asked him to honor his promise to buy a car. In June of the same year, 5438+065438+ 10 gave Wang Mai a Buick worth more than 400,000 yuan.
At the beginning of 2005, Liu Zhihua and Wang Jianrui are going to set up an engineering agency company with a registered capital of 8 million yuan.
Liu Zhihua and thought of Hui. "They helped him a lot when selling Sanyilou. According to the unspoken rules, I can get a rebate of 1%, which is 4 million yuan. " So I found Hui and asked him for help.
At this time, Huimou was faced with the problem that the cotton piece reconstruction project was stopped due to the protection of cultural relics. "If Wang Jianrui is not satisfied, the project approval will definitely not pass."
In the end, Huimou transferred RMB 4 million from Zhongrong Company and its subsidiaries to Beijing Peng Sen Project Management Co., Ltd. in the name of "invested capital". Then, Wang Jianrui raised 4 million yuan from two companies and established Peng Sen Company.
According to industrial and commercial data, the legal representative of Peng Sen Company is Wang Jianrui. It is reported that the actual controller of the company is Liu Hewang.
Many leaders of Zhongrong Company and other companies have confirmed that they have never participated in the management of Peng Sen Company and have never held any positions.
Afterwards, Liu Zhihua asked Hui to find a cultural relic expert determined by the Beijing Municipal Government to demonstrate the cotton piece reconstruction project, and then reported it to the municipal government for approval, and Liu Zhihua signed it.
Liu Zhihua admitted the biggest accusation at the investigation stage, but denied it at the trial.
Mo's point of view is that the establishment procedure of the company is legal, and 4 million yuan belongs to the property of the company as a legal person, and Liu Zhihua can't possess it personally, and he didn't participate in the company's operation.
But Mo's point of view was not adopted. On June 5438+1October 65438+August 2008, Hengshui Intermediate People's Court sentenced Liu Zhihua to death, suspended his execution for two years, and confiscated all his personal property.
In July 2007, the "two high schools" issued the judicial interpretation of "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Bribery", which became an important basis for the judgment of this case. The Opinions mentioned for the first time that * * * was identified as a specific related person (including mistress, etc.) for accepting bribes. ), that is to say, the responsibility of the relevant officials should also be investigated for small three crimes. In addition, if a state functionary takes advantage of his position to seek benefits for the trustee, ask the trustee to contribute money, start a company "cooperatively" or make other "cooperative" investments, he should also be punished for accepting bribes.
In this regard, in the trial, Mo raised an objection. In its view, Liu Zhihua's case was committed in June 2006, and all the alleged acts occurred before the "new law". According to the principle of "non-retroactivity", Liu Zhihua should not be held accountable by the new law. Mo Shaoping pointed out that in this case, most of the bribes were collected through his mistress Wang Jianrui. If the case is tried in time, it can be tried before judicial interpretation. "The sentencing in the Liu Zhihua case may not be that heavy".
For this, Hengshui Intermediate People's Court specifically refuted in the judgment. The court held that Article 2 of the "Provisions on the Time Effect of Criminal Judicial Interpretation" of the "Two Highs" stipulates that if there is no relevant judicial interpretation for the acts that occurred before the implementation of the judicial interpretation, the cases that have not been processed or are being processed after the implementation of the judicial interpretation shall be handled in accordance with the provisions of the judicial interpretation. Therefore, the Intermediate People's Court held that the Liu Zhihua case should be handled by the "new law". Mo said that after the verdict, Liu Zhihua was very disappointed with the verdict. "I was not saved in the coal mine gas explosion." Don't repeat what Liu said.
According to Mo's account, Liu Zhihua thought that the court imposed a heavy sentence and did not consider his surrender and meritorious service. After several days of consideration, Liu's mood stabilized, and he passed the time by reading books. After being detained in Qincheng Prison, he asked his lawyer to bring him some books, and asked for some Buddhist books and Zi Tong Zhi Jian by name.
On June 27th, 2008 10, Liu Zhihua submitted an appeal to Qincheng Prison and initiated the appeal procedure.
"He wrote the appeal." Mo Shaoping said that the two sides have discussed the appeal opinions before.
There are three main reasons for Liu Zhihua's appeal.
First, "the court found the facts wrong." For the biggest accusation of 4 million yuan, Liu believes that 4 million yuan is the capital invested by Zhongrong Company at that time, which is a long-term investment of Zhongrong Company, not the personal kickback he asked for. Buick is a personal reward promised by Xuanwu District Government to Wang Jianrui after the successful replacement of Sany Building in uncompleted residential flats.
Second, "don't consider the merits of the plot." Liu believes that at the time of the incident, he was the commander-in-chief of the Olympic engineering construction. During his "double detention" and detention, he repeatedly reported to the relevant departments the problems that he should pay attention to in the Olympic project construction from planning to construction, and made contributions to the Olympic construction, which should be regarded as "meritorious service".
Third, "it is not appropriate to confiscate all personal property." Liu believes that this does not take into account the future livelihood of his wife and children. His savings and house are his personal legitimate income and should not be confiscated.
On the same day, at the request of Liu Zhihua himself, Qincheng Prison telegraphed Hengshui Intermediate People's Court that "Liu Zhihua formally appealed". On the morning of 065438+ 10/2/kloc-0, the Higher People's Court of Hebei Province issued a second-instance verdict on the case of Liu Zhihua, former vice mayor of Beijing, and upheld the death sentence of the court of first instance.
On June 5438+1October 65438+August, 2008, Hengshui Intermediate People's Court pronounced the Liu Zhihua case in the first instance, and found that Liu Zhihua took advantage of his position to seek benefits for others, asking for and accepting other people's property equivalent to RMB 6.96 million, which constituted the crime of accepting bribes, and the circumstances were particularly serious, so the death penalty should be applied. In view of Liu Zhihua's voluntary confession of some criminal facts after committing a crime, most of the stolen money and goods have been recovered, so he was sentenced to death, not immediately executed, so he was sentenced to death, suspended for two years, deprived of his political rights for life, and confiscated all his personal property. After the verdict was pronounced in the first instance, Liu Zhihua refused to accept it and appealed. After trial, the Higher People's Court of Hebei Province held that the facts ascertained in the first-instance judgment were clear, the evidence was true and sufficient, the conviction was accurate, the sentencing was appropriate and the trial procedure was legal. The ruling dismissed Liu Zhihua's appeal and upheld the original judgment.