Fan Wenyi:
Appellant: Wu Mou, male, Han nationality,1born on February 20th, 960.
The appellant refuses to accept the criminal judgment of (20 12) XXXX of Haidian District People's Court and appeals to your hospital.
Appeal request
1. Request to cancel the criminal judgment of Beijing Haidian District People's Court (20 12)XXXX, and give the appellant a lighter fixed-term imprisonment and suspended sentence according to law;
2. Request to re-identify the amount of bribes accepted by the appellant according to law;
3. Request confirmation that the appellant has surrendered himself.
Facts and reasons
First, the amount of bribes taken by the appellant should be re-determined.
1. In this case, the appellant accepted the travel expenses of 30,000 yuan from the detainee's family Li, which should not be regarded as the amount of bribes received by the recipient. On the one hand, the briber didn't consciously give the money to the appellant, and the appellant didn't realize that the money was for himself. Both parties unanimously stated that the money was sent to the escort for the expenses during the escort. On the other hand, the 30,000 yuan was actually returned by the appellant to the detainee's family Wang twice, and should not be regarded as the amount of bribes.
2. Including the above-mentioned 30,000 yuan, the appellant returned 40,000 yuan to Wang twice before the crime. According to Article 9 of the Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Accepting Bribery, state functionaries timely return or hand over the consignor's property. This is not a bribe. After accepting a bribe, a state functionary who returns or turns it in for covering up a crime after being investigated for himself or someone or something related to his bribery does not affect the determination of the crime of accepting bribes. The appellant's refund occurred shortly after receiving the money and before the first inquiry by the discipline inspection and supervision organ. Moreover, the appellant did not return it because he investigated the person or thing related to the recipient's bribery. Therefore, the 40,000 yuan should not be regarded as the amount of bribes received by the recipient.
Two, the circumstances of the appellant's surrender should be identified.
According to the second paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC), if the defendant truthfully confesses his other crimes that the judicial organs have not mastered, he shall be deemed to have surrendered himself. In this case, on June 24, 201/year, when the Commission for Discipline Inspection of Beijing Public Security Bureau asked the appellant for the first time, the appellant voluntarily confessed that the discipline inspection and supervision organs had not grasped the fact that they had received 40,000 yuan in cash and 5,000 yuan in fuel cards twice. At this time, the discipline inspection and supervision organs of the Beijing Public Security Bureau grasped the clue that the above-mentioned personnel accepted the travel expenses of 30,000 yuan from Li Xiaofen, the family members of the detainees. According to the above legal provisions, the appellant accepted 40,000 yuan.
To sum up, the appellant has legal and discretionary mitigating circumstances. The appellant cooperated with the investigation and voluntarily confessed the relevant facts, with a good attitude of pleading guilty. After receiving the relevant funds from detainees, most of them are also used to improve the lives of detainees, and the rest are also returned. Subjective malignancy is minimal, and the circumstances are minor, causing no harmful consequences. In addition, the appellant is older and has poor physical fitness, so the application of probation will not have harmful consequences to society, and he requests the court of second instance to give a lighter sentence and consider probation.
I am here to convey
Beijing No.1 Intermediate People's Court
Appellant: Wu Mou.
Fan Wener:
Appellant (defendant in the original trial) Chen XX, male, XX years old, from Dafeng County, Jiangsu Province, Han nationality, is now in custody.
The appellant refuses to accept the criminal judgment of the Intermediate People's Court of XX, XX, XX, and now appeals.
The appeal request and reasons are as follows:
1. The original trial found that the appellant accepted bribes from the trustee, which constituted a crime, and the appellant had no opinion. However, the plaintiff did not accept the bribe from the receiver for his own pocket. Of the $5,000 received, except for $5,000 and $500 spent abroad, the remaining $4,500 was immediately remitted back to China.
2. The original trial found that the appellant "bribed by the recipient is not only unfavorable to the negotiation of imported machinery, but also bears the unreasonable additional clause of unilateral fine". The fact is this: a leather machine Expo was held in XX, and the technical reform was great and the price was relatively stable. It is under such circumstances that we went abroad. After negotiation, foreign businessmen gave us a discount of 65,438+08%. How can this be said to be "unfavorable bargaining and high price"? In the second quarter of XX year, the currency of XX country depreciated and the price fell. At the same time, our embassy in that country told us: "If we deal directly with manufacturers now, the lowest cost can be reduced by 100000 dollars." This is learned from the manufacturers in XX country. The manufacturer's opening price is 5%- 15% lower than the transaction price quoted by the trading group. This is also normal. Therefore, it is obviously inappropriate to compare the manufacturer's price in XX with the market trading group's price in early XX as the basis for demonstrating that "the bargaining is unfavorable and the price is high". Moreover, the main negotiator who makes the final decision is Wang XX, so the appellant can only assume the leadership responsibility, but not the direct negotiation responsibility.
About the additional terms. When going abroad, it was the policy of deepening domestic reforms, and country XX demanded compensation for the losses of domestic XX factory. Therefore, foreign businessmen propose to sign a contract:
(l) A deposit of 5% is required; (2) Failure to perform the contract requires compensation for 1% loss (i.e. fine). This is a mistake made by the appellant because he is not familiar with the business, not a clause added because of accepting bribes.
3. The camera and flashlight were bought on XX, XX, XX with personal savings for eating and 20 yuan pocket money. The appellant agreed to hand it in, but it should not be confiscated. Through the patient education of the government, the appellant's understanding of his crimes has been greatly improved. I urge the government to be lenient according to the provisions of Article 32 and Article 192 of the Criminal Law, and give the appellant a chance to continue to serve the people and make meritorious deeds to make amends.
I am here to convey
Higher People's Court of XX Province
Appellant: Chen XX
XX year XX month XX day
Fan Wensan:
Appellant Chen XX, male, XX years old, XX nationality, XX county, XX province, accountant of XX factory, and living at XX. XX Street, XX City.
The appellant refuses to accept the criminal judgmentNo. ×××× District People's Court19×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Reasons and requests for appeal:
The appellant stole a bicycle from Lin on 19. During the trial, Zhang XX, a judge of XX court, chased me many times and said that I was a recidivist and would never steal only one bicycle. There must be more. If I don't confess, I will get a heavy sentence. You made it clear, promised leniency, and not sentenced or only sentenced to a very light sentence. In order to strive for "leniency", I made up19××××100×1000×1000×1000×1000×/. Kloc-0/000× 1000×1000 The fact that I confessed10 bicycles are all fake, and there is nothing at all; Only the one who stole Lin XX is real. As soon as I was found out, I confessed my crime and made a positive restitution. According to the party's policy, I meet the conditions of "being frank and lenient". However, the people's court that originally tried sentenced me to 10 years in prison, which did not conform to the legal provisions and the spirit of the policy. Therefore, I refused to accept the original judgment, appealed, requested to cancel the original judgment, reopened the trial, changed the judgment according to law, and treated me leniently.
Zhezhi
Xx Intermediate People's Court
Appellant: Chen XX.
Authorized Agent: Lawyer Wang Xx.
* * * * Year * * Month * Day
Attached:
1. Two appeals.
2. The volume records Judge Zhang's interrogation of me, please check it.