Brief introduction of events
20 12, 1 1, an indecent video suspected to be the former secretary of the Beibei District Party Committee in Chongqing was circulated on the Internet. Chongqing defined the report of this incident as a real-name report, and the relevant departments quickly launched an investigation. After investigation and verification by the Chongqing Municipal Commission for Discipline Inspection, the male in the indecent video is indeed Lei. 2012165438+123 October, Chongqing Municipal Committee decided to remove its post as secretary of Beibei District Committee.
20 13 In May, the Chongqing Municipal Commission for Discipline Inspection dealt with 2 1 party member cadres involved in indecent videos. Lei is proposed to be expelled from the party and public office. His suspected crime was transferred to the judicial organs in June 20 13, and the procuratorial organs are reviewing and prosecuting. 20 13 may, the first branch of Chongqing people's procuratorate was held.
Lei was prosecuted on suspicion of accepting bribes. On June 9, 20 13, 19 was heard in public in Chongqing No.1 Intermediate People's Court, and the amount of bribes involved was about 3160,000 yuan. Lei and his defenders objected to the amount of bribes, and retracted their confession in court, saying that they were in love.
Before the trial of June 20, 2065438+03, his defense lawyer denied that Lei had feelings with him at first, and refuted the media report that "Zhao Hongxia was tried and cried for Lei to testify, saying that he had feelings at first". On September 6, 20 13, the Chongqing Higher People's Court conducted a second trial on Lei's suspected bribery case.
On the morning of 2013/9 17, the Chongqing Higher People's Court made a final ruling on the bribery case of Lei, former secretary of the district party committee in Beibei District, Chongqing, dismissing the appeal and upholding the original judgment.
Lei, male, Han nationality, was born in July 2007, 1958, and his native place is Changshou District, Chongqing. /kloc-0 joined the China * * * production party in May, 1984.198/kloc-0 graduated from the Correspondence College of the Central Party School with a postgraduate degree. Former secretary of Beibei District Party Committee of Chongqing.
20 12, 1 1 Chongqing Municipal Committee decided to remove its post as secretary of Beibei District Party Committee and put an investigation on it. 20 13 On June 28th, Chongqing No.1 Intermediate People's Court sentenced Lei to fixed-term imprisonment of 13 years.
Recently, our reporter learned from the criminal ruling published by China Judgment Document Network that Lei, the former party secretary of Beibei District, Chongqing, was given three administrative demerits for repentance during his prison term, and the Fifth Intermediate People's Court of Chongqing ruled that Lei was sentenced to fixed-term imprisonment 10 month.
Extended data:
Detailed process
From beginning to end
June 5438+October 2007 10, Xiaoye told Zhao Hongxia that his company "Chongqing Representative Office of Hong Kong Valenda Clothing (Group) Co., Ltd." lost tens of millions, and hoped that Zhao Hongxia would help the company as a "girlfriend", but the "love relationship" was not allowed to be disclosed in the company. After entering the company, Zhao Hongxia didn't have a basic salary at his initial job, and his income depended entirely on sales commission.
Zhao Hongxia and another employee went to a district government office to sell clothes door to door. When lawyers Peng from Zhihao Law Firm met with them, they told them that he completely believed that he was only selling clothes. Under various offensives of Xiao Ye, Zhao Hongxia finally agreed to Xiao Ye.
June 5438+October 2008 10, Lei began to contact. Since then, Xiao Ye has instructed him to meet Lei four times, including having sex three times. On the evening of February 14, 2008, Xiao Ye arranged for Lei to stay in Jinyuan Hotel for the third time, and ordered someone to rush into the room to show Lei his indecent video. Lei Fu is trying to rob the video without success.
Xiao Ye was present, gave his business card to Lei and left. Later, Xiao Ye borrowed 3 million yuan from Lei by indecent video, and asked Lei to hand over a renovation project to his company for construction. 2012165438+1In late October, an indecent video about Lei, secretary of the Beibei District Party Committee in Chongqing, was circulated on the Internet.
2012165438+123 October, after investigation and verification by Chongqing Municipal Commission for Discipline Inspection, the male in the indecent video circulating on the Internet was indeed Lei, secretary of Beibei District Party Committee. The Chongqing Municipal Committee decided to remove Comrade Lei from the post of secretary of Beibei District Committee and initiate an investigation. 1At the end of October, Chongqing 1 1 officials were arrested for indecent video cases.
20 1365438+1October 3 1 Zhang Zhiyong, deputy director of the Criminal Professional Committee of Chongqing Lawyers Association and director of Chongqing Zhihao Law Firm, as the defense lawyer of the criminal suspect Zhao Hongxia, revealed to the media that on the New Year's Day holiday of 2013, his family entrusted Peng as the defense lawyer.
20 13 14 two lawyers met Zhao Hongxia for the first time in a detention center in Chongqing according to the provisions of the new criminal procedure law. In May 20 13, the Chongqing Municipal Commission for Discipline Inspection suggested that Lei be expelled from the Party and public office. On June 20 13, his suspected crimes and other issues were transferred to the judicial organs according to law, and the procuratorial organs are reviewing and prosecuting.
On May 2013 10, the first branch of Chongqing Municipal People's Procuratorate filed a public prosecution with Chongqing No.1 Intermediate People's Court. 20 13 in may, six people, including Xiao ye,, and tan, were suspected of extortion. After the hospital was handed over to the People's Procuratorate of Yubei District of Chongqing, it filed a public prosecution with the People's Court of Yubei District.
Lei He, who appeared as a "victim" in this case, did not pay for himself when he was blackmailed by Xiao Ye's gang.
find
The court found through trial that from March 20, 2007 to12, 1 1, the defendant Lei was the head of Beibei District and the secretary of the district party committee. From July 2007 to June 5438+February 2008, Lei accepted the entrustment of the legal representative of a company in Chongqing and took advantage of his position to undertake the contract for the company.
In February 2008, Lei was threatened by Xiaoye and others with indecent videos, and Xiaoye asked for 3 million yuan in the name of borrowing money. In order to prevent indecent video exposure, Lei found Ming and asked him to lend Xiaoye 3 million yuan. When the loan was due, Xiaoye refused to return it, and Lei told Ming to return it himself.
Ming said that there is no need to give it back to Lei for approval. 20 10 1 1 In order to avoid leakage, Lei and Xiao Ye conspired to transfer Xiao Ye Company 1 ten thousand yuan to a company in the name of repayment.
Withdraw one's confession
On June 9, 20 13, 19 was heard in public in Chongqing No.1 Intermediate People's Court, and the amount of bribes involved was about 3160,000 yuan. In the indictment, the public prosecution agency mentioned that Lei took bribes three times, the largest of which was 3 million yuan. Lei and his defenders disputed the amount of bribes. Among them, the largest sum is 3 million yuan, and Lei claimed to have been cheated by Xiao.
At the same time, Lei and his defenders also objected to another sum of 654.38+10,000 yuan. At the trial site, he also told the story of indecent video. It is said that he fell in love and played with his friends because Zhao was getting married, just to find a little grandfather to help him "settle down" Zhao. Lei said that "the materials he explained to the Commission for Discipline Inspection were distorted", but the prosecution immediately refuted the evidence.
The public prosecutor believes that Lei, as a national staff member, took advantage of his position to seek benefits for others and illegally accepted the property given by others, equivalent to RMB 365,438+RMB 6,000. His behavior has constituted the crime of accepting bribes. During the trial, the defendant and defender believed that the 3 million yuan that Lei asked a company to lend to Xiaoye was a loan and should be a civil dispute.
Lei has no right to possess, use, control or dispose of the introduced loan of 3 million yuan in daily life, which does not meet the constitutive requirements of the crime of accepting bribes. Lei and his defenders also raised objections to the criminal facts of the other two charges. During the trial, both the prosecution and the defense presented relevant evidence witnesses, Fan and Nie, to testify in court and accepted the court's inquiry and investigation.
deal with
It is recommended that Lei be expelled from the party and dismissed from public office. On June+10, 5438, the suspected crime was transferred to the judicial organs according to law. The procuratorial organ is examining and prosecuting Xia Zeliang, the former party secretary of Zhongnan' an District, and the case has been handled by the judicial organ separately; Han Shuming, the former head of Changshou District, is suspected of serious economic problems and is under investigation. The remaining 18 party member cadres were found guilty of serious violations of socialist morality.
Disciplinary actions such as warnings within the party and serious warnings are being implemented. * * * The Chongqing Municipal Party Committee has always insisted on finding and investigating party member cadres' violations of discipline and law, and will never tolerate them. The relevant departments take facts as the basis, take the law as the criterion, follow strict procedures and conduct in-depth investigations to ensure that the case can stand the test of historical and social judgment.
preliminary examination/check
20 13 On June 28th, the case of Lei, former secretary of Beibei District Committee of Chongqing Municipality, was pronounced in the first instance of Chongqing No.1 Intermediate People's Court. Lei was sentenced to fixed-term imprisonment of 1 60,000 yuan for accepting bribes, deprived of political rights for three years, and confiscated property of 300,000 yuan, recovered bribes of 3160,000 yuan and turned over to the state treasury, confiscated property and paid bribes within1month.
Lei said in court that he would discuss with his lawyer before deciding whether to appeal.
second trial
On September 6th, 20 13, at 9: 00 am, Lei, the former secretary of Beibei District Party Committee in Chongqing, was tried in the second instance of Chongqing Higher People's Court. During the eight-hour trial, Lei confessed, and Xiao Ye and others testified in court. The prosecution refuted ray's confession. After fully listening to the opinions of all parties, the court announced the selective sentencing.
On the morning of September 17, Chongqing Higher People's Court made a final ruling on the bribery case of Lei, former secretary of the district party committee in Beibei District, Chongqing: the appeal was rejected and the original judgment was upheld.
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