Second, differences of opinion
For the case of the perpetrator Zhangmoumou forwarded to Li Moumou 300,000 yuan of bribes should be characterized, there are four different points of view: The first point of view that: Zhangmoumou and Fang Moumou Department of friends, belonging to the close relationship of the people, Zhangmoumou to the state staff Li Moumou to convey matters of entrustment, Transfer of property, and through Li Moumou position behavior for the requestor Fang Moumou seeks an undue advantage, Zhang Moumou constitute the use of influence bribery. The second view: Zhang Moumou and state officials Li Moumou conspired, Li Moumou use the convenience of their positions to seek benefits for the requestor Fang Moumou, acceptance of the requestor's property, Zhang Moumou constitutes the crime of passive bribery **** offender. The third point of view: Zhang Moumou and Fang Moumou conspiracy, in order to seek undue advantage, to give state employees Li Moumou property, Zhang Moumou constitutes active bribery **** offender.The fourth point of view, Zhang Moumou to state officials Li Moumou introduction of bribery, Fang Moumou and Li Moumou between the collusion, to promote active and passive bribery crime can be realized, Zhang Moumou constitute the introduction of bribery.
Three, analysis
The author agrees with the fourth opinion, that Zhang Moumou transferred Li Moumou 300,000 yuan of behavior constitutes the introduction of bribery. (a) Zhang Moumou does not constitute the use of influence bribery. National staff close relatives or other people with their close relationship with the state staff with functional influence in the absence of conspiracy, through the state staff's functional behavior for the requester to seek undue advantage, solicitation or acceptance of the requester's property, constitutes the crime of using influence to accept a bribe. In the crime of passive bribery with the use of influence, the national staff deals with the utilized position, and does not have the intention of *** with the solicitation or acceptance of other people's property and possessions. In this case, ZhangMouMou accept FangMouMou request to find LiMouMou to help, LiMouMou in the finish requesting matters after asking for benefits, ZhangMouMou will LiMouMou ask for benefits amount to FangMouMou, and should be entrusted by FangMouMouMou will be transferred to LiMouMouMou, in the process, ZhangMouMou transfer property behavior based on LiMouMouMou initiative to ask, ZhangMouMou did not go behind the back of LiMouMouMou alone acceptance of property, ZhangMouMou does not constitute the crime of accepting bribes by use of influence. The crime of accepting bribes. (ii) Zhang's behavior does not constitute the crime of bribery *** offender. Passive bribery *** criminal is the use of state officials to facilitate their duties, to the actor and state officials with *** with the subjective intent to accept or solicit bribes, with "conspiracy", after receiving property both *** with the possession of the content, the actor's behavior is dependent on the powers and functions of the state officials. In this case, LiMouMou for FangMouMou to provide help before, ZhangMouMou is a third person identity, in FangMouMou and LiMouMou between communication case information, ZhangMouMou, LiMouMou and acceptance of property for discussion, planning; ZhangMouMou in the whole process also did not express or implied abetment LiMouMou to produce the intention of bribery, as the two sides of the line of bribery, FangMouMou and LiMouMou line of bribery agreement from their own intention. In the process of accepting the bribe money from Li Moumou, Zhang Moumou did not obtain the "introduction fee", "hard work fee" or other material benefits, and only acted as a "sounding board". The identity of the "mailman" to convey matters of profit, transfer of bribes, for the realization of active and passive bribery, communication, collocation, no purpose of bribery itself, it does not constitute the crime of passive bribery **** offender. (C) Zhang Moumou does not constitute active bribery *** offender. Active bribery *** offender is the perpetrator and the briber *** with the subjective intent to seek undue advantage, *** with the state staff to give property, its behavior must be dependent on the intention of the briber, generally also need to enjoy with the briber *** with undue advantage or make the national interest suffered losses. Fangmoumou looking for Zhangmoumou's purpose is to let Zhangmoumou convey claims, coordinate court relations, it did not let Zhangmoumou to participate in the case of prosecution, trial, execution and so on, not to mention to Zhangmoumou bribe and the amount of the bribe, its purpose is to promote the case as soon as possible to obtain the court's decision, as soon as possible to get the full implementation of the payment. The evidence in this case can be confirmed, Zhangmoumou just according to Fangmoumou's request to Limoumou convey request, to Fangmoumou convey Limoumou for entrusted matters and Limoumou asked for benefits, and afterwards according to Fangmoumou's request to Limoumou to transfer bribe money, Zhangmoumou subjectively did not *** with the intent to bribe, and objectively did not actively carry out the behavior of the party to help the briber, and did not unlawfully profit from it, so Zhangmoumou does not constitute the crime of bribery *** offender. Bribery *** offender. (d) Zhangmoumou's behavior constitutes the introduction of bribery. Introduction of bribery is the introduction of bribery to state officials, the circumstances are serious behavior. The Supreme People's Procuratorate on the People's Procuratorate directly accept the provisions of the investigation case filing standards (for trial implementation)" introduction of bribery refers to the bribe giver and the bribe giver to communicate between the relationship between the conditions of collusion, so that bribery can be realized behavior. Introducing bribery does not require the perpetrator and the state officials to communicate and plan with each other in the criminal bribery of profit-making matters, acceptance of property, the amount of bribe, the way of bribery, etc., and the perpetrator only has the intention to act as a "fixer" between the bribe-giving and bribe-taking parties, and has a clear understanding that he or she is in a third-party position as a "sounding board" or "messenger". The identity of the "sounding board" "postman" involved in the transfer of matters for the benefit of the transfer of bribes, the purpose of its behavior is to communicate through their own intermediary, matchmaking, contributing to the realization of the results of active and passive bribery. In this case, Zhang Moumou in the implementation of the relevant acts, not attached to the bribe giver Fang Moumou or bribe taker Li Moumou any party, not biased towards any of them, not involved in the implementation of active and passive bribery, but only for Fang Moumou, Li Moumou two sides of the communication and exchange to create the conditions as well as for the two to pass the information, not on behalf of the one party and the other side of the bargaining and negotiation to determine the amount of bribe behavior, its communication, matchmaking is a bidirectional The purpose is to matchmaking. Therefore, Zhang Moumou constitute the crime of introducing bribery.Four, the results
Lianyungang City, Ganyu District People's Procuratorate to the crime of accepting bribes, the crime of introduction of bribery on Zhangmoumou criminal proceedings, Lianyungang City, Ganyu District People's Court to the crime of accepting bribes, the crime of introduction of bribery, Zhangmoumou was sentenced to two years of imprisonment, a fine of RMB 200,000 yuan of criminal penalties.