The defendant appealed on the grounds that the sentence was too heavy. However, during the trial, the court of second instance found that the fine of 6.5438+0.5 million yuan imposed by the first instance was improperly applied by law and should be fined more than 200,000 yuan. However, the court of second instance ruled that the appeal was dismissed and the original judgment was upheld according to the principle of no additional punishment on appeal. At the same time, it is suggested that the CRIC start the retrial procedure. In this case, how to judge the fine? How to change the sentence according to criminal procedure? We invited the staff of relevant units to analyze and explain this.
Basic information:
Since 1990, Zhang Hongwen has been teaching in Shuicheng Primary School and Xishan Primary School in Chadian Township, Wuding County, Chuxiong Prefecture, Yunnan Province. Later, he served as the office director of the school near the town center in Wuding County and the general manager of Shishan Town Center School in Wuding County. From August 2007 to the incident, Zhang Hongwen worked in the school security department of Wuding County Education Bureau, responsible for the planning, design, bidding, construction, acceptance, project settlement and project audit of school construction projects. 20 12, Zhang Hongwen is responsible for the construction project of Wuding county education bureau. Taking advantage of his position, he asked Cai for 30 thousand yuan in cash in the name of refueling. From the beginning of 20 13 to February of 20 15, he took bribes from Cai five times, totaling 48,000 yuan. In addition, Zhang Hongwen also took advantage of his position to accept bribes of 80,400 yuan from Bimou, a primary and secondary school construction contractor in Wuding County, Zengmou, a school safety contractor in Wuding County, and Youmou, a school safety building materials salesman in Wuding County, from 20 13 to 20 16.
On September 2, 20 18, Zhang Hongwen was put on file for investigation by the Supervision Committee of the Commission for Discipline Inspection of Wuding County on suspicion of serious violation of discipline and law, and was detained in criminal detention on September 5. On September 6th, 20 18 and June 7th, 2065438, Zhang Hongwen mobilized his family members to return the money involved, totaling RMB 320,000.
On September 20 1818, the Commission for Discipline Inspection of Wuding County made a decision to expel Zhang Hongwen from the Party and confiscate his illegal income. On September 2018 19, the Wuding County Supervisory Committee transferred the case of Zhang Hongwen suspected of corruption and bribery to the Wuding County People's Procuratorate for review and prosecution. 2065438+On May 3, 20091,the Wuding County Supervision Committee made a decision to expel Zhang Hongwen from public office.