Defendant: male, born on 195915 October, Han nationality, native of Jinhua, Zhejiang Province, primary school education, former deputy director of Jiu Feng Distillery, Zhejiang Province, was arrested on August 3, 20001year for this case.
Cause of action: corruption, bribery and bribery.
ProsecutionNo.: Wu Jian (2002) No.72
The presiding judge and judge:
The case of the defendants AAA and BBB for corruption, bribery and bribery was heard here today in accordance with the law. According to the provisions of Article 153 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 15 of the Organization Law of People's Procuratorate, he was appointed by the People's Procuratorate of Wucheng District, Jinhua City, Zhejiang Province to appear in court as a state prosecutor, support public prosecution and perform legal supervision duties according to law. The opinions of public prosecution are as follows:
1. The criminal facts of the defendants in this case are clear and the evidence is indeed sufficient, which can be recognized.
According to Articles 155 and 157 of the Criminal Procedure Law of People's Republic of China (PRC), the court investigation was lawful and fair. The public prosecutor interrogated the defendant according to law and produced evidence of various criminal facts accordingly. These evidences were obtained by the investigation organs through legal procedures, and were cross-examined by both the prosecution and the defense in court, and were recorded by the court.
Judging from the evidence cited by the public prosecutor, the criminal facts of the case of corruption and bribery of the defendants AAA and BBB include the employment documents of the defendant AAA, the approval of the unit project and the construction contract signed with Chen Jianmin. Documentary evidence such as the payment of project funds, financial subsidiary ledger, various payment vouchers of private villas, and witness testimony such as Chen Peiming and Chen Defence. See the evidence list for more evidence.
The above evidence is legal and sufficient, which proves that the defendant BBB had a serious traffic accident in Jinhua City, Zhejiang Province while the defendant AAA was the deputy director and director of Jiu Feng Winery (1998. 8), and was driven by Zhang Guoping, the driver of Jiu Feng Winery, and asked AAA to bear the responsibility for the traffic accident on the grounds of private use of the bus. Under the signature of AAA, BBB received 200,000 yuan of vehicle compensation from the Finance Department of Jiu Feng Winery on July 5, 1999, which constituted a crime of corruption and a joint crime.
The above evidence also proves that during the period from 1997 to 2000, the defendant AAA took advantage of his position to accept the design fee 800 yuan paid by Chen Jianmin, the project contractor of Jiu Feng Winery, for AAA to build a villa, with a labor wage of 8,000 yuan, a building permit fee of 3,429 yuan, and an aluminum alloy window fee of 8,055 yuan for 6 yuan. AAA Company accepted bribes of RMB45,000 * * from Chen twice in the advertising business entrusted by Jiu Feng Winery. These acts have constituted the crime of accepting bribes.
In addition, at the end of 1994, 1 1 and 1996, the defendant BBB paid bribes to Xiao Genyuan, the director of Jinhua Brewery, twice to undertake the business of purchasing beer dregs. In March 2000, the pearl pond contracted by the defendant BBB was polluted due to the leakage of a moving oil tanker. In order to obtain compensation, Chen Chunhui, the former Jinhua County Public Security Traffic Police, was bribed with RMB4,000. These acts were also confirmed by the testimony of witnesses Xiao Genyuan and Chen Chunhui, which constituted the crime of bribery.
Second, the characterization and applicable law of the defendant in this case are correct.
Paragraph 2 of Article 382 of the Criminal Law of People's Republic of China (PRC) stipulates that a person entrusted by a state organ, a state-owned company, an enterprise, a public institution or a people's organization to manage state-owned property embezzles, steals, cheats or illegally occupies state-owned property by other means by taking advantage of his position, which is regarded as the crime of corruption. Paragraph 3 of the same article stipulates that those who collude with the persons listed in the preceding two paragraphs and commit corruption together shall be punished as * * *. Obviously, in this case, the defendant AAA, as the director of the state-owned enterprise Jiu Feng Winery, was qualified to embezzle 200,000 yuan from Jiu Feng Winery together with the defendant BBB.
The indictment accused the defendant AAA of taking advantage of his position to illegally accept other people's property and seek benefits for others, which constituted the crime of accepting bribes. According to the provisions of Article 385 of the Criminal Law of People's Republic of China (PRC), accepting property defended by AAA, Chen and others and seeking benefits for them should be regarded as accepting bribes.
Defendant BBB paid bribes of RMB * * * to Xiao Gengen twice on 1 June 19941day and1June 19961day. In March, 2000, Chen Chunhui, a former traffic policeman in Jinhua County, took a bribe of RMB 4,000 to obtain compensation for pollution in Pearl Pond. According to Article 389th of the Criminal Law of People's Republic of China (PRC) on the crime of bribery, it is a crime of bribery to give money or property to a state functionary in order to seek illegitimate interests. Obviously, the defendant BBB meets the requirements and constitutes a crime of bribery.
To sum up, we believe that the facts of this case are clear, the evidence is true and sufficient, and the defendant has constituted the crime charged in the indictment. We hereby request the collegial panel to fully consider the public prosecution opinions expressed by the public prosecutor and make a fair judgment according to the facts, circumstances, nature, social harm and guilty attitude of each defendant!
The public opinion of the prosecutor is temporarily published here.
Prosecutor: XXX XXX
August 2002 15