How is the legal responsibility of the principal and the accessory divided in the second-instance judgment of Academician China's first case?

Li Ning, the first academician sentenced since 1949, was sentenced to fixed-term imprisonment of 12 years after the court of first instance found that he and his assistant had embezzled scientific research funds of 346.5438 million yuan. During the second trial, Li Ning pleaded guilty and was sentenced to fixed-term imprisonment of 10 years.

On February 8, 2020, 65438, the Higher People's Court of Jilin Province held a public hearing in the second instance on the case of Li Ning, an academician of China Academy of Engineering and a professor of China Agricultural University, and the co-defendant Zhang Lei, and pronounced a verdict in court.

In the second instance, the defendant Li Ning's conviction and the second and third judgments of criminal judgmentNo. (20 15) of Songyuan Intermediate People's Court were upheld, the sentencing part of the judgment was revoked, and the appellant Li Ning was sentenced to 10 years' imprisonment for corruption and fined RMB 2.5 million.

The Intermediate People's Court of Songyuan City held that from July 20, 2008 to February 20, 2008, the defendant Li Ning took advantage of his position as a professor of China Agricultural University, director of the State Key Laboratory of Agricultural Biotechnology of China Agricultural University, and Li Ning's research group in charge of managing the funds of a number of major national science and technology projects, and together with the defendant Zhang Lei, he embezzled, falsely invoiced and falsely listed the labor expenses, and embezzled the scientific research funds of the project. All the above funds were transferred from Li Ning and Zhang Lei to Li Ning's personal control account for investment in many companies such as Li Ning.

The original judgment held that the actions of both defendants had constituted the crime of corruption. In the joint crime, Li Ning plays a major role and is the principal offender. Zhang Lei plays a secondary role, is an accessory, has a frank plot, and confesses and repents, which can be mitigated according to law.

Judgment of the court of first instance: 1. Defendant Li Ning was convicted of corruption, sentenced to 12 years in prison and fined RMB 3 million. 2. Defendant Zhang Lei was convicted of corruption, sentenced to five years and eight months' imprisonment and fined 200,000 yuan. Three, the seizure of funds confiscated according to law, turned over to the state treasury, the insufficient part to continue to recover.

After the verdict, Li Ning appealed.

During the second trial of Jilin Higher People's Court, the appellant Li Ning voluntarily pleaded guilty and pleaded guilty, submitted a confession and repentance, and signed a letter of commitment to plead guilty and plead guilty under the witness of his defense lawyer.

During the trial of the second instance, Li Ning had no objection to the facts, evidence and charges identified in the original judgment, and pleaded guilty and repented in court. He asked the court of second instance to give him a lighter punishment according to his guilty attitude and was willing to accept the punishment of the court.

According to Li Ning's attitude of pleading guilty, the procuratorate put forward suggestions for sentencing in the second instance.

After the adjournment, the collegial panel made a careful appraisal, and concluded that the fact that the appellant Li Ning and the defendant Zhang Lei were convicted of corruption in the original judgment was clear, the evidence was true and sufficient, and the conviction was accurate. The trial procedure is legal. In view of Li Ning's confession and repentance during the second trial, the sentencing of the appellant Li Ning should be changed. According to the sentencing suggestions put forward by the procuratorate, the court made the above-mentioned second-instance judgment. ?

In the second trial, the appellant Li Ning's close relatives attended the trial, and invited some NPC deputies, CPPCC members, some media representatives and public representatives to attend the trial and verdict.