Join hands with village members to defraud more than 25 million yuan.
The prosecution alleged that from 2009 to 20 12, Zhang Zhenxiong took advantage of his position to help the government manage the land acquisition and demolition work in Changping community, and together with at least eight members, he took measures such as falsely reporting land ownership information and forging sales contracts, and included the unlicensed planting plots that did not meet the conditions for applying for compensation for nursery relocation and the plots that were planted after the release of the Pre-Announcement on Land Acquisition into the ownership scope of several planting fields in Luogang District (now Huangpu District). Defrauding the compensation for the relocation of the nursery of the Finance Bureau of the Economic and Technological Development Zone by 25.4385 million yuan, of which Zhang Zhenxiong got 3.65438+0.65438+0.85 million yuan, which constituted the crime of corruption.
In addition, during the period from 20 12 to 20 13, taking advantage of his position, he helped Zhong Moming, the person in charge of Minghui Planting Farm, to obtain a high compensation for demolition, and received a thank-you fee of 2.5 million yuan twice, which constituted the crime of accepting bribes.
The case was heard in the first instance of Guangzhou Intermediate People's Court last year. Subsequently, the first instance ruled that the facts of the crimes they were accused of were clear, and they were both convicted and sentenced to four years in prison. Later, Zhang Zhenxiong filed an appeal. Although he said that he carried out the facts accused by the prosecution, he thought that it did not constitute the crime of corruption and bribery, but only constituted the crime of accepting bribes by non-state staff. After hearing the case, Guangdong Provincial High Court sent the case back to Guangzhou Intermediate People's Court for retrial on the grounds of unclear facts and insufficient evidence.
Retrial trial-land requisition notice is illegal, is it corruption to rob seeds?
Yesterday morning, the case was retried in Guangzhou Intermediate People's Court. The focus of the trial is whether the "pre-announcement of land acquisition" has legal effect. During the retrial, the public prosecution agency supplemented the evidence and believed that the pre-announcement of land acquisition was an administrative act of the government and a seed-grabbing act after the announcement was issued. However, defense lawyers believe that the bidding procedure of the pre-announcement of land acquisition in 2009 is illegal and has no corresponding legal effect. In other words, it is not illegal for Zhang Zhenxiong to steal seeds before the official announcement.
According to the lawyer, after the pre-announcement of land acquisition was issued, the district government did not carry out relevant land acquisition work in 2009 and 20 10, and it was not carried out until 20 1 12. This shows that the real purpose of issuing the pre-announcement of land acquisition at that time was not to requisition the land reserved by the government, but to prevent farmers from sowing ahead of time and reduce the government's compensation expenditure for land acquisition.
In addition, in this case, the phenomenon that farmers without business licenses are "linked" to plantations with business licenses, lawyers said, is very common in Luogang District. Before the land acquisition, the district government asked the local industrial and commercial departments to strictly examine and approve the business license, but in fact, no new business license was issued. "Joining in" is actually an alternative form of certifying growers and farmers to pay rent. The affiliated farmers and affiliated parties also agreed on 37% compensation. Finally, Zhang Zhenxiong believes that he should not be regarded as a national staff member, not a qualified subject of corruption, and should not be regarded as a crime of corruption.
It is reported that the case is still awaiting further trial.