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Criminal judgment, Chengdu Intermediate People's Court, Sichuan Province

(20 12) Chengchuzi No.269

The public prosecution organ is the People's Procuratorate of Chengdu, Sichuan Province.

Defendant Yan Rencai.

Defender Chen Wu, lawyer of Sichuan Min Law Firm.

Defender Zeng Li, lawyer of Sichuan Min Law Firm.

The People's Procuratorate of Chengdu City, Sichuan Province filed a public prosecution with our hospital on May 23rd, 20th12nd with the indictment No.20 of (II) Criminal Chu Zi. Our court formed a collegial panel according to law and heard the case in public. Qin Yongchun, appointed by the People's Procuratorate of Chengdu, Sichuan Province, appeared in court to support the public prosecution. Defendant Yan Rencai and his defenders Chen Wu and Zeng Li attended the proceedings. The trial is now over.

The People's Procuratorate of Chengdu, Sichuan Province accused the defendant Yan Rencai of being the deputy director of Jintang County Urban and Rural Construction Bureau from July 20, 2008 to February 20, 2008. In September 2008, with the approval of Jintang County State-owned Assets Management Committee Office, he became the general manager of Chengdu Jintang Construction Investment Company (later renamed Chengdu Garden Watertown Urban and Rural Construction Investment Co., Ltd., hereinafter referred to as Jintang Construction Investment Company).

In July 2008, Jintang Jiantou Company, as the project owner of resettlement housing construction in Jintang County after the disaster, awarded the fifth bid section of Zhoucheng Garden Phase II in Jintang County to Jintang Tongda Construction Co., Ltd. (hereinafter referred to as Tongda Company). Hu Qingping (handled separately), a self-employed person without the qualification of construction contracting, got the construction project of four houses of Zhoucheng Garden Project from Tongda Company with the help of Wen Bin, the former director of Jintang Urban and Rural Construction Bureau (handled separately). Hu Qingping thanked Yan Rencai for his help in allocating project funds, and gave him RMB cash six times from September to the beginning of 20 1 1 in 2008.

The People's Procuratorate of Chengdu, Sichuan Province sued and accused the above facts, and the evidence presented in court included relevant documentary evidence, witness testimony, defendant's confession, etc. The People's Procuratorate of Chengdu, Sichuan Province sued that the defendant Yan Rencai, as a national staff member, illegally accepted 200,000 yuan in cash from others to seek benefits for others, and his behavior constituted the crime of accepting bribes, and requested to be sentenced in accordance with the provisions of Articles 385 and 386 of the Criminal Law of People's Republic of China (PRC).

Defendant Yan Rencai has no objection to the charges and facts, and thinks that he surrendered himself and asked for a lighter or mitigated punishment. His defender put forward the following defense opinions: 1. Yan Rencai paid the project progress payment for Hu Qingping's normal performance, and the evidence that the public prosecutor accused Yan Rencai of using his position to seek benefits for others was insufficient; 2. Yan Rencai has the plot of surrender and can be given a lighter or mitigated punishment; 3. Yan Rencai pleaded guilty and repented after returning to the case, and returned all the money, which may be given a lighter punishment as appropriate.

Defender of the defendant Yan Rencai presented the following defense evidence in court to support his defense opinion:

1. The mobile phone call record of the defendant Yan Rencai, which proves that Yan Rencai received a call from the Anti-Corruption Bureau of Chengdu People's Procuratorate at 0: 00 a.m. on February 2nd, 12 for 36 seconds.

2. 1. A bill for settlement of funds between administrative institutions in Sichuan Province, which proves that Yan Rencai's relatives withdrew 200,000 yuan of illicit money on July 24, 2002.

A written statement issued by witness Zhang Hongjun (Yan Rencai's driver), which proves that Yan Rencai entered Chengdu People's Procuratorate on the evening of February 12, 1965 and arrived at about 0: 30 the next morning.

It was found through trial that from July 20, 2008 to February 20, 2008, the defendant Yan Rencai took advantage of his position as deputy director of Jintang County Urban and Rural Construction Bureau and general manager of Jintang Construction Investment Company (later renamed as Chengdu Garden Watertown Urban and Rural Construction Investment Co., Ltd.) to assist Wen Bin, director and chairman of Jintang Construction Investment Company, to preside over the overall work of Chengdu Jintang Construction Investment Company. From February of 20 1 1 year to February of 201year, Yan Rencai served as the chairman of Jintang Construction Investment Company and the director of Jintang County Urban and Rural Construction Bureau respectively, and presided over the overall work of Jintang Construction Investment Company and Jintang County Urban and Rural Construction Bureau.

In July 2008, Jintang Jiantou Company, as the project owner of resettlement housing construction in Jintang County after the disaster, contracted the fifth bid section of the second phase project of Zhoucheng Garden in Jintang County to Tongda Company. Hu Qingping, an individual contractor, with the help of Wen Bin, the former director of Jintang Urban and Rural Construction Bureau (handled separately), obtained the construction project of four residential buildings in the "Zhoucheng Garden" project from Tongda Company. Since Yan Rencai is responsible for the disbursement of funds for related construction projects of Jintang Construction Investment Company, Hu Qingping found Yan Rencai and asked him to take care of the disbursement of progress payment for his own project. After Yan Rencai agreed. Hu Qingping thanked Yan Rencai for his help. From September 20, 2008 to the beginning of 20 1 1, Yan Rencai received a total of 200,000 yuan in cash.

20 1 1 On March 29th, the Anti-Corruption Bureau of Chengdu People's Procuratorate received a tip that Wen Bin and Yan Rencai, former directors of Jintang County Construction Bureau, were suspected of taking bribes and launched a preliminary investigation. On February 4, 20 12, 12, Yan Rencai was notified to the case and truthfully confessed the fact that he received 200,000 yuan in cash from Hu Qingping.

During the trial of this case, the relatives of the defendant Yan Rencai returned the money of 200,000 yuan.

The above facts have been confirmed by the following prosecution evidence and dialectics:

I. Documentary evidence and material evidence

1. The source of the case and the blocking process confirmed that on March 29th, 201/year, the Anti-Corruption Bureau of Chengdu People's Procuratorate went to a place to investigate and got clues that Wen Bin and Yan Rencai, former directors of Jintang County Construction Bureau, were suspected of taking bribes. On February 201February 14, Yan Rencai was informed to appear in court by the Anti-Corruption Bureau of Chengdu People's Procuratorate.

2. Information on the permanent population, basic information and resume of Yan Rencai, and employment documents issued by the Organization Department of Jintang County Committee of the Communist Party of China, Jintang County People's Government, Jintang County State-owned Assets Management Committee Office and Jintang County People's Congress Standing Committee, which confirm the household registration of the defendant Yan Rencai and the relevant employment status of the deputy director and director of Jintang County Urban and Rural Construction Bureau, general manager and chairman of Jintang Construction Investment Company.

3. Document No.42 (2008) of Jintang Mansion, the description of the relationship between Jintang County Urban and Rural Construction Bureau and Jintang Construction Investment Company's legal person business license and tax registration certificate, confirmed that Jiantou Company (later renamed Chengdu Garden Watertown Urban and Rural Construction Investment Co., Ltd.) was a wholly state-owned company established by Jintang County Construction Bureau, registered in June 2008, and Yan Rencai became the general manager in September 2008. March 20 1 1 year ago, the main management personnel of the construction investment company were seconded from the county construction bureau, and then the main management personnel were selected from the editorial unit through the county personnel department.

4. Documents such as the Notice of Jintang County Urban and Rural Construction Bureau on the Division of Labor among the members of the leading group of the bureau confirmed that the defendant Yan Rencai helped manage the overall work of Jintang Construction Investment Company during his tenure as the deputy director of Jintang County Urban and Rural Construction Bureau.

5. The payment voucher of Jintang Jiantou Company to Tongda Company proves that the defendant Yan Rencai signed the invoice of Jintang Jiantou Company to pay the contract advance payment and project payment to Tongda Company and agreed to pay.

6. With regard to relevant meeting minutes, construction contracts, bidding materials and Tongda Company's explanation about subcontracting some projects to Hu Qingping, it is confirmed that the resettlement housing project of Zhoucheng Garden Phase II has been approved by Jintang County Government, Jintang Construction Investment Company is the owner, and Tongda Company has contracted the fifth bid project through competitive negotiation. After Tongda Company subcontracted the project to Hu Qingping, Tongda Company did not participate in the project management and only charged 5% management fee. After the construction investment company allocated the project funds to Tongda Company, Tongda Company asked Hu Qingping to flush out the project funds by means of material invoices, manual payroll, etc., and then allocated them to Hu Qingping.

7. Relevant vouchers of Tongda Company's payment to Hu Qingping, which prove that Hu Qingping collected the project payment from Tongda Company in the name of building materials and workers' wages.

8. 1. Details of Yan Rencai's account with the suffix "38272" in China Construction Bank, which proves that Yan Rencai deposited RMB 6,000.00 in his personal account in CCB on October 23rd, 2008; 201010 June 17 deposited 20,000 yuan,

9. The situation of Jintang County Urban and Rural Construction Bureau confirmed that Yan Rencai did not hand over gifts and money to the discipline inspection department during his tenure.

10. Mobile phone call list, which confirmed that at 0: 00 on February 20 12 13, the landline called Yan Rencai at 0288782267 13568863878, and Yan Rencai called the landline at 08: 00 on the same day.

Second, witness testimony.

1. The testimony of witness Hu Qingping (briber) confirmed that in July 2008, Hu Qingping personally contracted the construction of four buildings in the name of the project manager of Tongda Company. The payment method of this project is that the construction investment company first allocates funds to Tongda Company, and then Tongda Company pays Hu Qingping, and Hu Qingping pays 5% management fee to Tongda Company as agreed. Because Yan Rencai was then the deputy director in charge of financial work of Ren Jintang County Construction Bureau, and also the general manager of Jintang Construction Investment Company, the contractor of "Zhoucheng Garden" project, the project payment of "Zhoucheng Garden" must be approved by him. On June 5438+ 10, 2008, in order to get the project payment earlier, Hu Qingping found Yan Rencai and asked Yan Rencai to take care of the project payment. Yan Rencai agreed. After that, Yan Rencai signed the project payment in time according to Hu Qingping's construction progress. To express his gratitude, Hu Qingping gave Yan Rencai a total of 200,000 yuan in cash several times. The first time was after the Mid-Autumn Festival in 2008. He sent 60,000 yuan in cash at the gate of Yan Rencai's residential area. The second time was the day before the Spring Festival in 2009, and I sent 1 0,000 yuan in cash at Zhao Zhen Night Market Street. The third time was the day before the Spring Festival of 20 10. I sent 20,000 yuan in cash downstairs of Yan Rencai's house. The fourth time was the day before the 20 10 Dragon Boat Festival, and 60,000 yuan in cash was sent downstairs in Yan Rencai's house. The fifth time was the day before the Mid-Autumn Festival on 20 10. I sent 20,000 yuan in cash downstairs of Yan Rencai's house. The sixth time was 20 1 1 The day before the Spring Festival, I sent 30,000 yuan in cash downstairs in Yan Rencai's house. Yan Rencai refused slightly every time and finally accepted it all. The source of bribery is the cash of the project reserve fund, and part of it is the money in the rural commercial bank card.

2. The testimony of witness Yi Chuanlun (the legal representative of Tongda Company) confirmed that Tongda Company is a state-owned company under Jintang County Construction Bureau. In August, 2008, Tongda Company won the bid for the second and fifth sections of the resettlement housing project of "Zhoucheng Garden" through competitive negotiation. Because Tongda Company is a state-owned enterprise with few employees, it subcontracted all the projects to private bosses after winning the bid. Subsequently, the director of Jintang County Construction Bureau called Yi Chuanlun and asked Yi to hand over four buildings of the "Zhoucheng Garden" project to individual Hu Qingping for construction. Yi Chuanlun gave Hu Qingping four building construction projects in this project, 19, 20A, 22, 24, with a total quotation of about 600. Because Hu Qingping himself was unqualified, Tongda Company set up a project department and verbally appointed Hu Qingping as the head of the construction team. But in essence, Tongda Company subcontracted the project of "Zhou Chenghua" Garden to Hu Qingping. Hu Qingping's cost and profit in this project have nothing to do with Tongda Company, and he only needs to pay a management fee of 5% of the total cost to Tongda Company. After the construction investment company allocated the project funds to Tongda Company, Tongda Company allocated the corresponding project funds to Hu Qingping, who washed out the project funds with invoices and manual payroll. Tongda Company did not review the authenticity of the invoices provided by Hu Qingping.

3. The testimony of witness Huang Desheng (former deputy general manager of Tongda Company) confirmed that Huang Desheng was the project manager of "Zhoucheng Garden" during his tenure in Tongda Company. Because part of the project was subcontracted to Hu Qingping, Huang Desheng was only responsible for signing the invoice of material cost and the worker's salary report submitted by Hu Qingping when he applied for payment of the project.

Third, the defendant's confession

Defendant Yan Rencai confessed that in 2008, Jiantou Company, as the project party, built the "Zhoucheng Garden" project in Huaikou, Jintang County. Tongda Company won the bid for the construction of six residential buildings, and Hu Qingping personally got four of them from Tongda Company. Yan Rencai was then the general manager of China Construction Investment Company, and was responsible for allocating funds for related construction projects of China Construction Investment Company. In September 2008, Hu Qingping approached Yan Rencai, hoping that Yan Ren could pay the project progress payment in time, and Yan Rencai agreed to Hu Qingping's request. Later, after Yan Rencai signed and approved the project in time according to Hu Qingping's construction progress, he paid the project progress payment to Tongda Company on time, and Tongda Company paid Hu Qingping. Hu Qingping thanked Yan Rencai for his help and gave Hu Qingping 200,000 yuan in cash six times. The first time was the second day of the Mid-Autumn Festival in 2008. Yan Rencai received 60,000 yuan in cash from Hu Qingping near his telecom community. The second time was one day in early 2009. Yan Rencai received Hu Qingping's cash 1 ten thousand yuan in Zhao Zhen Night Market Street, Jintang County. The third time is the day at the beginning of 20 10. Yan Rencai received 20,000 yuan in cash from Hu Qingping near the telecom community where he lived. The fourth time was a day in June of 20 10. Yan Rencai received 60,000 yuan in cash from Hu Qingping near the telecom community where he lived. The fifth time was a day in September of 20 10. Yan Rencai received 20,000 yuan in cash from Hu Qingping near the telecom community where he lived. The sixth time is the day beginning with 20 1 1. Yan Rencai received 30,000 yuan in cash from Hu Qingping near the telecom community where he lived.

The evidence of the above allegations is legal, objective and true, which can mutually confirm the criminal fact that the defendant Yan Rencai took a bribe of 200,000 yuan, and this court will accept it. The 1-2 pieces of defense evidence submitted by the defender confirmed that Yan Rencai had returned all the stolen goods and mobile phone calls, which were accepted by our court. The third written testimony of Zhang Hongjun, the signature of the defense evidence, cannot be confirmed because the investigation organ did not collect Zhang Hongjun's testimony and Zhang Hongjun did not testify in court.

Our court believes that the defendant Yan Rencai, as a national staff member, took advantage of his position as deputy director, director, general manager and chairman of Jintang County Construction and Investment Company to illegally accept 200,000 yuan in cash from others and seek benefits for others, and his behavior has constituted the crime of accepting bribes. The fact that the People's Procuratorate of Chengdu, Sichuan Province sued and accused the defendant Yan Rencai of taking bribes was clear, the evidence was true and sufficient, and the charges were established, which our court supported. After the defendant Yan Rencai was brought to justice, he truthfully confessed the facts of the crime of accepting bribes, and his relatives returned all the money on his behalf, which may be given a lighter punishment as appropriate.

Regarding the defender's defense opinion that Yan Rencai's payment for Hu Qingping's project progress is a normal performance of his duties, and there is insufficient evidence to accuse the defendant Yan Rencai of taking advantage of his position to seek benefits for others, our hospital holds that, first of all, during his tenure as deputy director and director of Jintang County Urban and Rural Construction Bureau, the defendant Yan Rencai was the general manager and chairman of Jintang Construction Investment Company, and was responsible for the allocation of funds for related construction projects of Jintang Construction Investment Company. The allocation of funds for the "Zhoucheng Garden" project won the bid in Jianda Company. Secondly, the defendant Yan Rencai's confession, witness testimony and relevant documentary evidence can confirm that although it is Yan Rencai's normal obligation to pay the project progress payment, the briber Hu Qingping knew that the project progress payment of the four subcontracted buildings needed Yan Rencai's approval before it could be paid in time, and made a request to Yan Rencai in advance, and Yan Rencai also made a clear commitment, and signed and paid the project progress payment undertaken by Hu Qingping in time according to the construction progress of the project. At the same time, I thanked Hu Qingping for accepting 200,000 yuan in cash. Therefore, the defendant Yan Rencai regarded the signature of the project payment as his normal performance, but after accepting Hu Qingping's request, he promised to use his performance to seek benefits for Hu Qingping and illegally accepted the property paid by Hu Qingping. His behavior violates the integrity of official's duty behavior and conforms to the constitutive requirements of accepting bribes. Whether it is normal for him to seek benefits for the trustee does not affect the establishment of the crime of accepting bribes. Therefore, the above defense opinions put forward by the defender cannot be established and will not be adopted by our court.

Defendant Yan Rencai and his defenders think that Yan Rencai has surrendered himself. We believe that to constitute surrender, we must have two elements: voluntary surrender and truthful confession of one's crimes. According to the source of the case, the interception process, and the interrogation record of the briber Hu Qingping and the defendant Yan Rencai issued by the investigation organ, it was confirmed that the investigation organ had discovered the clues of the suspected bribery case of Yan Rencai and others on March 29, 201year, and the bribers Hu Qingping and Yan Rencai truthfully confessed bribery after being notified by the investigation organ on February 201year. The record of inquiry (inquiry) provided by the public prosecution agency shows that the briber Hu Qingping confessed to the fact of bribing Wen Bin and Yan Rencai in the early morning of February 2 12, and the record provided by the public prosecution agency reflects that the defendant Yan Rencai confessed to the fact of bribery for the first time on the night of February 2 12, that is, on February 2 14. Therefore, before Yan Rencai came to the case to explain the facts of accepting bribes, the case-handling organ had already mastered the criminal facts of accepting bribes. When Yan Rencai informed him of the investigation conversation, the criminal facts confessed by the case-handling organ belonged to the facts already mastered by the case-handling organ. According to the relevant provisions of the Supreme People's Court and the Supreme People's Procuratorate's Opinions on Several Issues Concerning Determining Sentencing Circumstances such as Surrender and Meritorious Service in Handling Duty Crime Cases, this behavior cannot be considered as surrender. Therefore, the defendant Yan Rencai and his defender's defense and defense opinions about Yan Rencai's surrender plot cannot be established and will not be adopted by this court.

Defendant Yan Rencai and his defender suggested that Yan Rencai had a good attitude of pleading guilty after being brought to justice, and all the stolen money and goods had been returned, so he could be given a lighter punishment, which was consistent with the facts found in the trial and was adopted by our court.

Therefore, in order to maintain the integrity of state functionaries and punish corruption, the verdict is as follows:

1. According to the provisions of Article 385, paragraph 1, Article 386, Article 383, paragraph 1, and Article 67, paragraph 3 of the Criminal Law of People's Republic of China (PRC), the defendant Yan Rencai was convicted of accepting bribes and sentenced to 10 years' imprisonment;

(The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from February 20, 2002 to February 4, 2022.

2. In accordance with the provisions of Article 64 of the Criminal Law of People's Republic of China (PRC), the defendant Yan Rencai's bribe income of RMB 200,000 was recovered and turned over to the state treasury.

If you refuse to accept this judgment, you can appeal to the Sichuan Higher People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.

Presiding Judge Li Yonghui

Acting judge process

People's Juror Cheng Gende

20 12 years 1 1 month 2 1 day

Bookkeeper Shi Jinfeng

Attachment: Relevant laws and regulations shall apply to this case;

Article 383 Paragraph 1 (1): Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) Individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also have their property confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated.

Paragraph 1 of Article 385: A State functionary who takes advantage of his position to extort money or property from others, or illegally accepts money or property from others to seek benefits for others, commits the crime of accepting bribes.

Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.

Paragraph 3 of Article 67: A criminal suspect who truthfully confesses his crime may be given a lighter punishment, although he does not have the circumstances of surrender as stipulated in the preceding two paragraphs; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.

This one?