CFP offers a plan
Bribery property amount to humanness of 6460 more than misuse of authority profits 30 beyond
The court thinks decide on the nature of the guilt should sentence capital punishment, because of admitting one's guilt contrition cooperates make sb disgorge the spoils to give light
According to report of Xinhua News Agency on July 8, court of the 2nd intermediate people is opposite Beijing formerRailway ministryMinisterial Liu Zhijun takes bribes, case of misuse of authority makes first instance adjudge, with taking bribes to Liu Zhijun the blame sentences capital punishment, postpone a deadline is carried out 2 years, privative politics right is lifelong, be in confiscate an individual total worth; Sentence a set term of imprisonment 10 years with blame of misuse of authority, count a blame and punish, decide to execute, postpone a deadline is carried out 2 years, privative politics right is lifelong, be in confiscate an individual total worth. Recently, the presiding judge that the problem that the reporter cares with respect to social all circles covered this case, Beijing Bai Shanyun of assistant dean of court of the 2nd intermediate people.
Details of a case and court decision
Cognizance of classics of court of the 2nd intermediate people finds out Beijing: Came 1986 2011, liu Zhijun is being held the position ofZhengzhou railroad bureaumodern dining chairsWuhan railroadDeputy director general of bureau of railroad of director of secretary of substation Party committee, cent, Zhengzhou, Shenyang railroad bureauDirector, former railway ministry is carried always attemper during long, undersecretary, minister, exploit functionary advantage, for the 11 people such as heart of Shao Liping, man feather on-the-job Wu promotes to a high office, contract to do a job project, get the respect such as railroad goods traffic plan to provide a help, the property that receives afore-mentioned personnel illegally to give early or late adds up to amount to RMB more than yuan 6460; During Liu Zhijun is holding the position of railway ministry minister, deregulation, practise favouritism fraud, for Ding Yu the heart reachs its and relative actual pilot company acquires the railroad goods traffic plan, equity that gets company of project of wheel pair of management motor-car group, run railroad to build project project to win the bid, solve an enterprise to manage capital difficulty to provide a help, make man feather heart and its relative acquire interest of economy of a huge sum, cause public property, country and people interest to suffer significant loss.
Forensic cognizance thinks, the fact that procuratorial work mechanism accuses is clear, evidence really, sufficient, the accusation of accusation holds water. With taking bribes the blame sentences Liu Zhijun capital punishment, postpone a deadline is carried out 2 years, privative politics right is lifelong, be in confiscate an individual total worth; Sentence its set term of imprisonment 10 years with blame of misusvancouver to harrison hot springse of authority, two blames are punished, decide to execute, postpone a deadline is carried out 2 years, privative politics right is lifelong, be in confiscate an individual total worth.
Central issue of front courtyard debate
Is flower of man feather heart Liu 49 million yuan to handle affairs how qualitative? modern dining chairs
The court maintains the money that belong to authority to trade, should in order to take bribes punish
Ask: According to media the report says, the focus of the public prosecutor when sessional cognizance and paraclete controversy of Liu Zhijun is to be in more than yuan 6400 when Liu Zhijun takes bribes in, having 49 million yuan is Ding Yu the heart handles affairs for Liu Zhijun be used, whetthe best selling north face shirtsher does Liu Zhijun make bribery crime to this?
Bai Shanyun: (the presiding judge of this case, Beijing assistant dean of court of the 2nd intermediate people, similarly hereinafter) of this fact qualitative it is the central point that controversy of argue both sides charges in front courtyard careful really. Heart of Ding Yu of Liu Zhijun incite sb to do sth solves relevant matters concerned for its dredge relation, man feather heart costs 49 million yuan for this. The court thinks via cognizance, on record evidence confirms, liu Zhijun uses a post to facilitate, for Ding Yu heart and its relative got interest of economy of a huge sum to provide a help; The Hehharrison hot spring weather forecastong that Liu Zhijun is dealing with to prevent to concern a section amounts to case him embroil, and for oneself the pnorton internet antivirusost adjusts creation requirement, dredge of heart of Ding Yu of incite sb to do sth concerns. Liu Zhijun confesses its know perfectly well man feather heart to run afore-mentioned item to need to cost beforehand gigantic endowment, and the case that heart of Ding Yu of after the event also will cost 10 thousand yuan thousands of informed Liu Zhijun, although Liu Zhijun did not have this directly, but this are basis of Ding Yu heart Liu Zhijun's incite sb to do sth, for Liu Zhijun's interest expenditure; The attestation of Ding Yu heart also confirms, its flower is gigabrass faucet aerator ntici want modern dining chairs endowment handle affairs for Liu Zhijun, it is the redound that helps its get benefit of economy of a huge sum to Liu Zhijun. On put together, although Liu Zhijun did not have afore-mentioned debt directly, but its behavior belongs to power money to trade substantially property, the court maintains Liu Zhijun's behavior to make bribery crime accordingly. In judicatory practice, similar action also is maintained by bribery blame.
Sentence a basis
Why doesn't tremendous, clue sentence bribery amount badly dead?
Admit his guilt actively, positive disgorge ill-gotten gains, have contrition show
Ask: Liu Zhijun takes bribes more than yuan 6400, the court sentences capital punishment to its, is postpone a deadline is carried out 2 years what to reason be based on?
Answer: Liu Zhijun bribery amount is particularly huge, the clue is particularly serious, according to criminal law the 386th mixes the 383rd the first (one) regulation, decide on the nature of the guilt should sentence capital punishment to its. The court did not sentence capital punishment to Liu Zhijun, carry out instantly, sentence capital punishment however, postpone a deadline is carried out 2 years, it is the clue of measurement of penalty that is based on Liu Zhijun to have the following and light punishment:
The first, liu Zhijun can tell guilty fact according to the facts during concerned branch is investigated, and explained actively handle a case to take bribes what mechanism has not master partly fact. Criminthe best spring poolal law amendmthe most popular watch casesent (8) addition criminal law the 67th the 3rd section provision, "The criminal is not had confess one's crime clue, but offer those who narrate him crime according to the facts, OK and light punishment. " top people court " confess his crime about processing and make contributions is specific use law the explanation of a certain number of problems " the 4th regulation, "Person of the guilty suspect of the coercive measures that be adopted, the accused and the criminal that had sentenced, confess the guilt that narrates a jharrison hot spring public pooludiciary to have not master according to the facts, already mastered with the judiciary perhaps adjudicate certain crime belongs to akin crime, can take into consideration the circumstances is punished lightly. Can take into consideration the circumstances is punished lightly..
The 2nd, the Liu Zhijun after case hair and its family member cooperate to manage illicit money of case mechanism pursue and wipe out, its take bribes illicit money is major already pursue and wipe out. Procuratorate of top people court, top people " confess his crime about dealing with functionary crime case to maintain, the clue of measurement of penalty such as make contributions the opinion of a certain number of problems " regulation, "Spoil of the illicit money in bribery case is all of major perhaps pursue and wipe out, inspect particular case to be able to drink to be punished lightly surely. Criminal and its relatives and friends are active disgorge ill-gotten gains perhaps is handling a case in process of spoil of illicit money of mechanism pursue and wipe out cooperate actively, when measurement of penalty ought to with handle a case mechanism checks what spoil of illicit money of pursue and wipe out of powers and authorities of office depends on in running case course to be distinguished somewhat " .
The 3rd, liu Zhijun is being investigated, sue, it is good that the manner admits his guilt during adjudgement, have contrition show.
The court considers entire case details of a case and Liu Zhijun integratedly to have afore-mentioned legal and drink to punish a clue lightly surely, think to sentence capital punishment to Liu Zhijun, either must carry out instantly, reason make afore-mentioned court decisions lawfully.
New China when judge
18 big since the first be on trial be on trial of ministry class official
Ring the alarm bell that awaken the deaf noisy to cadre of leaders of all levels
On July 8, liu Zhijun of minister of former railway ministry takes bribes, first instance of case of misuse of authority is adjudged, liu Zhijun blame of blame, misuse of authority counts a blame and be punished in order to take bribes by court of first instance, decide to execute, postpone a deadline is carried out 2 years, privative politics right is lifelong, be in confiscate an individual total worth. This one court decision made clear people court to punish severelwatch case openery corruption, "Tiger " " fly " the manner that makes together, declare publicly the everybody is equal law spirit before law, give a Party member the cadre again especially cadre of leaders of all levels rings the alarm bell that awaken the deaf noisy.
From the point of guilty fact of Liu Zhijun and clue, before Liu Zhijun is holding the position of railway ministry minister, have serious criminality. After he is holding the position of director of substation of basic level railroad, use a post, the post class that is other is rising provide a help, for relevant industry try to gain special interest, receive bribery of a huge sum for many times from which. As functionary preferment, influence greatens, liu Zhijun is him, profit for other " strength " bigger and bigger, go further more on guilty road. To case hair when, his misuse of authority, receive RMB of other property amount to illegally more than yuan 6460, clean-fingered to the country figure was caused great damage, cause country and people interest to suffer significant loss, be of the most heinous guilt, ought to punish severely lawfully.
Liu Zhijun case is a party 18 the first when try with courtyard of bearer civil code greatly cadre of ministerial class leader takes bribes, case of misuse of authority. To Liu Zhijun try lawfully, reflected the Party Central Committee firm hold case is checked surely, corrupt needs the determination of punish and strength. Current, countrywide each district teachs an activity in the mass line that develops a party, the cognizance of first instance of Liu Zhijun case and court decision, provided a newest opposite teaching material to all Party member, also ring the alarm bell of anti-corruption initiate cheap noisy again: To corrupt element, who be no matter, no matter the post has many tall, conceal have many deep, be sure to get legal punish.
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