The Intermediate People's Court of Yancheng City, Jiangsu Province pronounced in court that Wu Xiaodong took advantage of his position to seek benefits for others, took bribes of 6.5438+0.333 million yuan, sentenced him to 6 years' imprisonment and fined him 400,000 yuan.
After hearing the verdict, Wu Xiaodong in the court changed her smile when she entered the court, and she was extremely excited. The defense lawyer and his family conveyed the meaning. Wu refused to accept the judgment and will appeal.
Wu Xiaodong's bribery case has aroused widespread concern in society because of "the judge's wife crying about her husband". Wu Xiaodong's wife, Shi Yue, is the vice president of a criminal court in Yancheng, Jiangsu. After Wu Xiaodong was killed, Shi Yue published a large number of "aggrieved" articles in cyberspace such as Weibo, which attracted the attention of many media.
The court gave detailed answers to three key issues in Wu Xiaodong's bribery case, such as whether there was illegal evidence collection during the investigation, whether the RMB 6.5438+0.3 million deposited by his wife and cousin constituted illicit money, and whether the act of accepting money after transfer constituted the crime of accepting bribes.
The judge's wife sent a post for her husband.
Dongtai City is located in the central coastal area of Jiangsu Province, at the "south gate" of the coastal city of Yancheng, and is also the most economically developed county under the jurisdiction of Yancheng City.
Wu Xiaodong, 47, is a local cadre. According to relevant materials, Wu Xiaodong graduated from Nanjing Electric Power Institute and worked as a teacher in his early years. He entered the official career from the deputy secretary of the Dongtai Youth League Committee and served as the head of the township party and government for a long time.
September, 2065438+02-June, 2065438 +065438+2006 10, successively served as deputy director of the Administrative Committee of Dongtai Coastal Economic Zone, deputy secretary of the Party Working Committee, and concurrently served as secretary of the Party Committee of Jianggang, director of the Administrative Committee of Dongtai Coastal Economic Zone and secretary of the Party Working Committee.
From 2065438 to May 2006, Wu was promoted to be a member of the Party Group and deputy mayor of Dongtai Municipal Government, and once served as secretary of the Party Working Committee of Dongtai Coastal Economic Zone.
A year later, Wu Xiaodong was examined by the organization on suspicion of serious violation of discipline. 2065438+June 2007, Wu Xiaodong was put on file for investigation by Yancheng People's Procuratorate, which means that the case entered the judicial process.
Shi Yue interceded for her husband in Weibo. Screen capture
2018 February 15, on lunar new year's eve, Shi yue, vice president of a criminal court in Yancheng city, posted a long microblog to "cry for grievances" for her husband Wu Xiaodong.
Is there any illegal evidence collection during the investigation?
"Because of his own corruption, he not only failed the organization, but also tarnished the image of leading cadres in party member in the eyes of the people ..." During the investigation by the procuratorate, Wu Xiaodong wrote in his repentance book.
After the investigation was completed by the procuratorate, the case was transferred for review and prosecution on June 20 17. During the period, the time limit for review and prosecution was extended by half a month.
On March 5th this year, Yancheng Intermediate People's Court held its first trial of Wu Xiaodong's bribery case, mainly to investigate whether there was "illegal evidence collection". According to the court, Wu Xiaodong was given a full opportunity to speak.
Wu Xiaodong completely overturned the guilty confession during the investigation in court, and claimed that the "repentance book" was written at the handling point of the Commission for Discipline Inspection based on the dictation of a prosecutor. He believes that he was in the period of "double regulations" at that time, so the "repentance book" cannot be submitted to the court as evidence.
Wu Xiaodong claimed that the Commission for Discipline Inspection and the People's Procuratorate tried him for fatigue, physically abused him, and threatened to increase charges and impose "double regulations" on his wife.
Zhong Ruoxin, Wu's defense lawyer and lawyer of Beijing Guantao Zhongmao (Nanjing) Law Firm, told this newspaper that he had submitted an application for the exclusion of illegal evidence to the court before the first court session, applying for the exclusion of interrogation transcripts, repentance books and 13 witness testimonies during the investigation.
In the trial on March 5th, Wu Xiaodong's defense lawyer presented the testimony of a group of witnesses. Among them, Cui, who had testified to take bribes, said that under the "threat" of the case handlers, he increased the amount of bribes to 40,000 yuan.
Later, the court rejected the application for the exclusion of illegal evidence. The court of first instance held that Wu Xiaodong's confession and witness testimony were collected according to law after the investigation organ filed the case. During the investigation, the audio and video were uninterrupted, and there was no threatening language among the investigators.
The court of first instance stated that the audio and video recordings of interrogation during summoning and criminal detention did not show that the investigators had accused, lured or threatened the defendant Wu Xiaodong, and the transcripts were truthfully recorded as described by Wu Xiaodong.
The court of first instance said that relevant evidence confirmed that Wu Xiaodong had received a physical examination before entering the detention center, and his body was not injured. At the same time, there is no evidence of fatigue test.
The court of first instance also stated that the testimony formed by individual retracted witnesses in the investigation process was obtained by the investigation organ according to law, and the contents of witness testimony can be mutually confirmed with other evidence in this case. Therefore, the court did not adopt the opinions of Wu Xiaodong and his defense lawyers on excluding illegal evidence.
1.3 million yuan is illegal?
The case file shows that on July 25th, 2007, 2065438, he confessed to the procuratorate that the money he received was in the form of cash at his wife's cousin Deng Moumou, and told Deng Moumou that it was "a friend's money" when he gave it, but he did not tell his wife about it, "for fear that she would be worried".
The next day, Wu Xiaodong was taken to Dafeng District Detention Center in Yancheng City for criminal detention. He wrote a note and entrusted the investigation agency to Deng Moumou.
The note reads: "I have gone to the procuratorate now, and the money I deposited in your place in the name of a friend a few years ago, if it is convenient, please return it according to the requirements of the procuratorate." If you have difficulty in doing business, see if my sister can take some and give you trouble! "
Deng Moumou is the owner of a local agricultural machinery company in Dongtai. According to the case file, Deng told the procuratorate to deposit 6,543,800 yuan+0.3 million yuan in three times, and the two sides did not agree on interest. Deng mainly uses this money for daily purchases and other purposes.
However, after making the testimony of hiding stolen goods, Deng Moumou dug up the evidence. Deng's testimony mentioned that his testimony in the procuratorate was "false" and was obtained by the relevant personnel under the threat of investigating the company's business behavior.
Zhong Ruoxin, a defense lawyer, believes that Wu paid a bribe to Deng Moumou in cash, and then put the large amount of cash at home first, and then used it to buy goods and register a company. These statements are inconsistent with the facts.
Zhong Ruoxin told the newspaper that Deng's testimony said that there was a shortage of goods, so he borrowed money from him. However, after consulting its bank flow, it was found that its operating funds were abundant. Moreover, his payment for goods and sales refund are made through bank transactions, and his purchase and sale records and bank flow transactions confirm each other. Deng has no habit of using cash in the course of business.
The court of first instance found that Deng's testimony at the investigation stage proved that the investment of 6,543.8+0.3 million yuan was not recorded, and the accounts could not reflect the entry, exit and use of the money. Therefore, the materials submitted by the defense lawyers have nothing to do with proving the whereabouts of the stolen money and will not be adopted.
At the same time, the confession in the investigation stage and Deng's testimony confirm each other, and it should be considered that Wu paid bribes to Deng.
Are you still collecting money from your post?
The court of first instance found that Wu Xiaodong accepted bribes of 6.5438+0.33 million yuan from 654.38+06 units or individuals, ranging from several thousand yuan to tens of thousands of yuan, with the maximum amount as high as 300,000 yuan.
According to relevant persons in Dongtai Coastal Economic Zone, after Wu Xiaodong became the deputy director of the zone, he helped to take charge of the overall work, so he basically signed and approved the project funds in the zone. After he was promoted to secretary and director of the district Party Working Committee, he also signed and approved the project funds. The loan application of the construction unit ultimately needs the approval of the secretary and director of the Party Working Committee before it can be lent to the construction unit.
According to the indictment, among the bribers, nine people in Wu Xiaodong sought benefits in borrowing money, allocating project funds and borrowing funds. Among them, in the reconstruction project of Jianggang Road in Dongtai City, Zheng Wei, deputy general manager of a company in Dongtai City, was taken care of when allocating the project funds and gave it 80,000 yuan.
In this regard, the defense lawyer said that the above-mentioned project was completed and accepted in August 20 12, and Wu Xiaodong was transferred to Dongtai coastal economic zone on August 30, 20 12 as deputy secretary of the Party Working Committee, deputy director of the Management Committee and concurrently secretary of the Party Committee of Jianggang. Defense lawyers believe that it is unreasonable to give money to new officials after all projects have been accepted.
The court of first instance held that although the main body of the above-mentioned project passed the completion acceptance in August of 20 12, some houses were demolished in June of 20 13, during which Wu Xiaodong's approval was indispensable. The project that the briber Zheng was responsible for involved more than 27 million yuan, which was not settled until February 20 16. The two money deliveries occurred before the Spring Festival in 20 13 and 20 14, both after taking office.
What puzzled the defense lawyers was that Wu Xiaodong was accused of accepting 40,000 yuan from He Mouming in the "Real Stone Paint" project in Fu 'an Town, Dongtai. He Mouming asked Wu Mou to handle the issuance time of the project environmental assessment procedures, but it was after Wu Mou was transferred from Fuan Town, Dongtai City.
The court of first instance responded that He Mouming's project belongs to "get on the bus first and then buy the ticket", and Wu Xiaodong had already started renting the factory, installing equipment and starting production during his tenure in Fuan Town. When Wu Xiaodong accepted the bribe and asked for help, Wu Xiaodong had not left Fuan Town.
The law may be just.
The news came from Phoenix.