Defendant Zhang Shuguang, male, born on February 25th, 1956 1956 liyang city, Jiangsu Province, Han nationality, university degree, former deputy chief engineer of the Ministry of Railways, director of the Transportation Bureau, former director of the bus department and deputy director of the equipment department of the Ministry of Railways, and living in Haidian District, Beijing.
Defendant Zhang Shuguang was detained in criminal detention on April 20 12 and arrested on April 3 1 2 of the same year.
Defender Wang Daming, lawyer of Beijing Huanbiao Law Firm. Defender Yang Xiguang, lawyer of Beijing Gaowen Law Firm.
The second branch of the Beijing Municipal People's Procuratorate accused the defendant Zhang Shuguang of accepting bribes with the first indictment. [20 13]0 155, filed a public prosecution in our hospital on July, 2065438 16.
After the case was put on file on July 19 of the same year, our hospital formed a collegial panel according to law and heard the case in public on September 10 of the same year. The Second Branch of the Beijing Municipal People's Procuratorate appointed procurator Sun Qing to appear in court to support the public prosecution, and the defendant Zhang Shuguang and his defenders Wang Daming and Yang Xiguang attended the proceedings. The trial is now over.
The presiding judge read out the facts ascertained by the court. It was found through trial that from 2000 to 20 1 1 year, the defendant Zhang Shuguang took advantage of his position as director of the bus department, deputy director of the equipment department and director of the transportation bureau of the former Ministry of Railways (hereinafter referred to as the Ministry of Railways) to solve the problems of the use of blue arrow trains, the sale of train accessories, the application of technical products and the winning of engineering projects for Guangzhou Rail Transit Equipment Co., Ltd. and other 14 units. The sum of money and goods illegally accepted and given by Yang and Ge Jianming, heads of the above-mentioned units, is equivalent to RMB 47181315.35. After the incident, all the money and stolen goods involved were recovered, and Zhang Shuguang voluntarily confessed most of the bribery facts unknown to the case-handling organ.
The presiding judge read out the fact that Zhang Shuguang took the first bribe. During the period from 2000 to 20 1 1, Zhang Shuguang accepted the entrustment of Yang, the legal representatives of Guangzhou Railway Locomotive and Rolling Stock Sales and Leasing Co., Ltd. (hereinafter referred to as the Locomotive Company) and Guangzhou Rail Transit Equipment Co., Ltd. (hereinafter referred to as the Rail Transit Company), and took advantage of his position to help the two companies solve the problems of the continued use of Blue Arrow EMU and the sale of train air-conditioning equipment after the lease expired. Has accepted or agreed to accept the money and goods given to Yang by his mistress Luo Fei (handled separately) in Beijing and other places, totaling RMB 10 102979.35.
The second fact of accepting bribes: At the beginning of 2004, when Zhang Shuguang was the deputy director of the Equipment Department of the Transportation Bureau of the Ministry of Railways, he accepted RMB30,000 from Yang Qingkai at Xinyuan Hotel in Kyoto, knowing that Yang Qingkai, then the director of Qingdao Sifang Xincheng Zhuo Zhi Bus Accessories Co., Ltd. (hereinafter referred to as Xincheng Zhuo Zhi Company), hoped that he would help the company get more orders for ordinary bus interior products and other accessories and enter the ranks of spare parts suppliers for EMU. 165438+2006 10, Zhang Shuguang received USD/kloc-0,000,000 yuan, equivalent to RMB 78,667, from Yang Qingkai, then the chairman of Xincheng Zhuo Zhi Company, in Beijing Shangri-La Hotel.
Fact 3: In 2004, when Zhang Shuguang was the deputy director of the Equipment Department of the Transportation Bureau of the Ministry of Railways, he accepted the request of Liu Yuesheng, general manager of Qingdao Yatongda Railway Equipment Co., Ltd. (hereinafter referred to as Yatongda Company). Taking advantage of his position, he agreed to the proposal submitted by CSR Qingdao Sifang Locomotive & Rolling Stock Co., Ltd. (hereinafter referred to as Sifang Company) that Yatongda Company introduce foreign battery technology and urinal technology to produce CRH2 EMU parts. Around the Spring Festival in 2005, after Liu Yuesheng thanked him for his support and hoped that he would help Yatongda participate in the 300km EMU business, Zhang Shuguang accepted Liu Yuesheng's RMB 654.38 million in Shangri-La Hotel.
The fourth fact of accepting bribes: From 2005 to 2006, when Zhang Shuguang was the deputy director and director of the Equipment Department of the Transportation Bureau of the Ministry of Railways, he accepted the entrustment of Alva Wang, the general manager of China National Technology International Tendering Company (hereinafter referred to as China National Technology Corporation), and took advantage of his position to help the company win the bid for the project of "Localization of EMU Technology Import with a speed of 200 kilometers per hour and above" and obtain higher agency fees. For this reason, I have received RMB 70,000, USD 40,000 and EUR 1 10,000 from Alva Wang in the office and other places for seven times, and the above money is equivalent to RMB 479,538.
Fact 5: During the Spring Festival of 2005, 2007 and 2009, Zhang Shuguang accepted the entrustment of Xu Hongfa, the legal representative of Suzhou Rail Transit Equipment Co., Ltd. (hereinafter referred to as Suzhou Company) to help the company participate in the window business of EMU, and received the money of RMB 300,000 from Xu Hongfa in Shangri-La Hotel.
Fact 6: During Zhang Shuguang's tenure as the director of the Transportation Bureau of the Ministry of Railways from 2005 to 2009, Ge Jianming, president of Jinchuang Group Co., Ltd. (hereinafter referred to as Jinchuang Group), expressed his willingness to give him property, asked him to support Jinchuang Group, and took advantage of his position to help Jinchuang Group become an auxiliary power supply manufacturer for EMU, thus reducing the negotiation conditions for foreign parties. So on the grounds of needing money and participating in the activities of Chinese Academy of Sciences, he asked Ge Jianming the specific amount of money he needed. He accepted Ge Jianming's money for three times in Xinyuan Hotel, Kyoto, totaling RMB 8 million. Part of the money was given by Zhang Shuguang to his brother-in-law Wang Yong for safekeeping, part was used to buy a house for Luo Fei, and the rest was squandered by Zhang Shuguang and Luo Fei.
The fact of accepting bribes for the seventh time: In 2007, when Zhang Shuguang was the director of the Transportation Bureau of the Ministry of Railways, Wang Jianxin, the legal representative of Wuhan Jacky Railway Electric Co., Ltd. (hereinafter referred to as Jacky Company), asked him for help many times to transform the AC-DC-AC 1600KW traction converter technology and train computer network control system developed by the company into high-speed rail products, and instructed the company not to stop its research work, to prepare for future application, and expressed its appropriateness. Therefore, from 2007 to 2009, Zhang Shuguang received money from Wang Jianxin three times in Beijing on the grounds of buying a house and participating in the evaluation of Chinese Academy of Sciences, totaling RMB18.5 million yuan. Part of the money was used by Zhang Shuguang to buy a house, part was given to Wang Yong by Zhang Shuguang for preservation, and the rest was squandered by Zhang Shuguang and Roffe.
Eighth bribery fact: Around 2007, when Zhang Shuguang was the director of the Transportation Bureau of the Ministry of Railways, he accepted the entrustment of Tan, the legal representative of Wuxi Wanli Industrial Co., Ltd. (hereinafter referred to as Wuxi Wanli Company), and promised to help the company obtain the collection business of 300 km/h EMU. The following year, Zhang Shuguang accepted Tan's request and took advantage of his position as the director of the Transportation Bureau of the Ministry of Railways to call Li Piqing, then the deputy general manager of Changchun Railway Bus Co., Ltd., to help Wuxi Wanli Company to urge the payment for toilets. Changchun Rail Bus Co., Ltd. quickly paid for the toilet of Wuxi Wan Li Company. Therefore, Zhang Shuguang received RMB 50,000 from Tan at Shangri-La Hotel in 2007 and RMB 654.38+10,000 from Tan at home before the Spring Festival of 20 10.
The fact of accepting bribes for the ninth time: In March 2009, when Zhang Shuguang was the director of the Transportation Bureau of the Ministry of Railways, he accepted the entrustment of Chen, the legal representative of Beijing Bode Transportation Equipment Co., Ltd. (hereinafter referred to as Bode Company), to help the company obtain the train door project of 380 km/h EMU, and received RMB 5 million from Chen at Shangri-La Hotel in Beijing. Part of the money was given to Wang Yong by Zhang Shuguang, and the rest was squandered by Zhang Shuguang and Roffe.
Fact of taking bribes for the tenth time: At the beginning of 2009, when Zhang Shuguang was the director of the Transportation Bureau of the Ministry of Railways, he accepted the entrustment of Liu Zhiyuan, the general manager of China Railway Electrification Bureau Group Co., Ltd. (hereinafter referred to as China Railway Electrification Bureau), to help the company obtain the entrustment of electrification project, and received RMB 300,000 from Liu Zhiyuan in Shangri-La Hotel, Beijing, and then took advantage of his position to help the company win the bid for the electrification project of Harbin-Dalian Line in June 2009. 20 10 At the beginning of March, when Zhang Shuguang was the director of the Transportation Bureau of the Ministry of Railways, he accepted Liu Zhiyuan's entrustment to help the company obtain electrification projects, and received 30,000 euros from Liu Zhiyuan at Shangri-La Hotel, equivalent to 272,625 yuan. Zhang Shuguang took advantage of his position to help the company win the bid for the electrification project of Nanguang Line and Hebing Line from August to September of 20 10.
Eleventh fact of accepting bribes: During the period from 2009 to 20 10, Zhang Shuguang accepted the entrustment of Xue, the chairman of China Railway Construction Electrification Bureau Group Co., Ltd. (hereinafter referred to as China Railway Construction Electrification Bureau) and Zheng Bin, the general manager of the company, and took advantage of his position to help the company win the bid. He received RMB 50,000 from Xue and Zheng Bin in the office for five times.
Fact of the 12th bribery: In the summer of 20 10, Zhang Shuguang, then director of the Transportation Bureau of the Ministry of Railways, received three bank cards from Jin Mingnan, the legal representative of Jilin Jindou Industrial Group Co., Ltd. (hereinafter referred to as Jindou Group), during a meeting in Changchun, Jilin Province, in which RMB 2 million was deposited.
The 13th bribery fact: During the period from the end of 2009 to 20 11,Zhang Shuguang accepted the entrustment of Chen Xiaomei, the legal representative of Shuangshuang Group Co., Ltd. (hereinafter referred to as Shuangshuang Group) as the director of the Transportation Bureau of the Ministry of Railways, and took advantage of his position to help the company cooperate with Japanese mitsubishi electric Co., Ltd., and received the HK$/from Chen Xiaomei at Shangri-La Hotel in June 2065438.
The presiding judge read out the contents of the court's verification and comprehensive evaluation of the defendant Zhang Shuguang's defense and the defender's defense opinions. For the defense put forward by the defendant Zhang Shuguang and the defense opinions put forward by the defender, our court verified and comprehensively judged as follows:
65438+ Ge Jianming did express his meaning to Zhang Shuguang, such as "call him if you need money", which should be regarded as a general expression that he offered to give Zhang Shuguang property in advance. In this case, Zhang Shuguang asked Ge Jianming how much he needed and how much he spent, which was not a bribe. Therefore, this part of the defense and defense opinions are established and adopted by this court.
2. Defendant Zhang Shuguang didn't do anything that harmed the national interests in this case, and the defender's defense that Zhang Shuguang didn't deliberately seek illegal interests for the client in the process of accepting other people's property, he was able to stick to the bottom line of not harming the national interests, strictly control safety and technical quality, act in accordance with various rules, regulations and procedures, and didn't say hello to interfere with the normal bidding of enterprises. This part of the defense and defense opinions are basically true, but Zhang Shuguang's actions mentioned in it are all related to his position, which is not enough to be a reason for lenient punishment. Therefore, this part of the defense and defense opinions will not be adopted by our court.
3. Regarding the bribery mentioned by the defendant Zhang Shuguang, he did not deliberately seek benefits for others; Because some enterprises negotiate with foreign countries for the overall interests of the country and reduce the cost of national high-speed rail construction, their behavior is different from the excuse of directly benefiting others. The defender mentioned that Zhang Shuguang, as the person in charge of the introduction of high-speed rail technology, safeguarded the national interests in the cooperation negotiations between Chinese and foreign enterprises and benefited related enterprises in China. Zhang Shuguang's actions are essentially different from those that directly benefit China enterprises. Most of the money and goods received by Zhang Shuguang have the nature of interpersonal communication, and there is a certain excuse in sentencing. After investigation, the first paragraph of Article 385 of the Criminal Law stipulates that a state functionary who takes advantage of his position to illegally accept other people's property and seek benefits for others is guilty of accepting bribes. According to this regulation, there is no essential difference between intentionally benefiting others and intentionally benefiting others, directly benefiting others and indirectly benefiting others. In view of the fact that the defendant Zhang Shuguang's bribery was particularly serious, he did not intentionally benefit others or directly benefited others, which was not enough to be given a lighter punishment. In this case, Zhang Shuguang's behavior of accepting other people's property belongs to the power and money transaction of illegally accepting other people's property by taking advantage of his position, and does not have the attribute of interpersonal communication. Therefore, this part of the defense and defense opinions will not be adopted.
4. Defender's accusation of Zhang Shuguang's bribery crime is still in the stage of commitment and promise to the entrusted matters, and Zhang Shuguang has not yet dealt with the entrusted matters. After investigation, according to the relevant provisions of the Notice of the Supreme People's Court on Printing and Distributing the Minutes of the Symposium on the Trial of Economic Crime Cases by National Courts, seeking benefits for others includes three stages: commitment, implementation and realization; Knowing that others have specific entrusted matters, accepting their property is regarded as a commitment to seek benefits for others; When accepting property from others, state functionaries promise to seek benefits for others according to the specific entrusted matters put forward by others, that is, they have the elements to seek benefits for others. Therefore, although some bribery crimes in Zhang Shuguang are still in the stage of promise and commitment to the entrusted matters, they have also constituted the accomplished crime of accepting bribes. This situation is not enough to justify lenient punishment for Zhang Shuguang, and this part of the defense opinion is not accepted by our court.
5. Regarding the defender's defense opinion that Zhang Shuguang didn't help Yang Qingkai and Xu Hongfa and refused Chen and Jin Mingnan's request for help, after investigation, Zhang Shuguang's confession in the investigation stage and the testimony of witnesses Yang Qingkai, Xu Hongfa, Chen and Jin Mingnan confirmed that Zhang Shuguang knew the purpose and content of the four people's giving money, although Zhang Shuguang had refused Chen and Jin Mingnan's request for help. However, after that, he still accepted the property given by Yang Qingkai, Xu Hongfa, Chen and Jin Mingnan, knowing that they had specific entrusted matters, which should be regarded as a promise to seek benefits for his unit. His behavior of accepting the property given by these four people has constituted the crime of accepting bribes, so this part of the defense opinions will not be adopted by our court.
6. Regarding the defender's suggestion that Zhang Shuguang believes that receiving foreign currency from Wang Kang many times abroad is one of the expenses incurred by Alva Wang Company for introducing the project, Zhang Shuguang subjectively holds a wrong defense opinion. After investigation, Zhang Shuguang confessed that he knew clearly the purpose of Alva Wang's sending foreign currency many times in the investigation stage, one was to let the project go on, and the other was to help put in a good word on the determination of agency fees for various projects. The confession and Alva Wang's testimony and other evidence can be mutually confirmed, and the defender's opinion that Zhang Shuguang has subjective misunderstanding cannot be supported by evidence, so this part of the defense opinion is not adopted by our court.
7. Regarding the defender's defense opinion that Wang Jianxin wants Zhang Shuguang to provide technical assistance to support the application of two technologies independently developed by him to railway locomotives one day, Zhang Shuguang did not seek improper benefits for Wang Jianxin by accepting money and goods. After investigation, the testimony of witness Wang Jianxin and the confession of defendant Zhang Shuguang proved that Wang Jianxin did not want Zhang Shuguang to provide technical assistance. However, I hope that Zhang Shuguang will use his position to help Wang Jianxin's two technologies to be used on EMUs, and the evidence is consistent enough to be confirmed; Zhang Shuguang accepted Wang Jianxin's property while knowing that Wang Jianxin was entrusted, and his behavior constituted the crime of accepting bribes. Whether Zhang Shuguang seeks illegitimate interests for Wang Jianxin will not affect the establishment of the crime of accepting bribes in Zhang Shuguang, and this part of our defense opinion will not be adopted.
8. Regarding the defender's suggestion that Zhang Shuguang always truthfully confessed the relevant criminal facts of accepting bribes, it constituted a confession; Taking the initiative to account for a number of criminal facts that the case-handling organ does not have, should be considered as a defense opinion of surrender. After investigation, Zhang Shuguang did have a frank plot; He took the initiative to account for the fact that the criminal facts not mastered by the case-handling organ and the criminal facts already mastered by the case-handling organ belong to the same kind of criminal facts. According to the provisions of Articles 2 and 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service, Zhang Shuguang's voluntary surrender does not constitute surrender. Therefore, this court adopts the opinion that constitutes frankness in this part of the defense opinions, and rejects the opinion that constitutes surrender.
9. As for the defender's suggestion that Zhang Shuguang reported other people's criminal clues at the beginning of investigation and made great contributions to China's railway construction and development, it should be regarded as a defense opinion with great meritorious service. After investigation, there is no evidence that Zhang Shuguang's reporting of other people's criminal clues has played a practical role in the detection of other people's criminal cases; His contribution to the railway construction and development in China is not an act after the event. According to the provisions of Articles 5 and 7 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service, and the relevant provisions of the Supreme People's Court and the Supreme People's Procuratorate's Opinions on Several Issues Concerning Determining Surrender and Sentencing Circumstances of Meritorious Service Crimes, it does not constitute meritorious service, so this part of the defense opinions will not be adopted by our hospital.
10. Defender's defense opinion is that Zhang Shuguang has no criminal record, pleaded guilty and repented after committing the crime, and actively contacted his family to return the stolen money and goods, and all the stolen money and goods involved have been recovered or returned. After investigation, this part of the defense opinion is true, which is adopted by our court as appropriate and considered when sentencing.
We believe that the defendant Zhang Shuguang, as a national staff member, took advantage of his position to seek benefits for others and illegally accepted other people's property, equivalent to more than 47 million yuan. His behavior has constituted the crime of accepting bribes, and the amount of bribes is particularly huge and the circumstances are particularly serious, which should be punished according to law. Defendant Zhang Shuguang is guilty of accepting bribes, and the circumstances are extremely serious, so he should be sentenced to death. In view of the fact that after being put on file for investigation on suspicion of accepting bribes, he voluntarily confessed most of the facts of accepting bribes that the case-handling organ has not yet grasped, pleaded guilty and repented, and all the money and stolen goods have been recovered, and he can be sentenced to death, but he can not be executed immediately. The Second Branch of the Beijing Municipal People's Procuratorate accused the defendant Zhang Shuguang of accepting bribes. The facts are clear, the evidence is true and sufficient, and the crime is established. Just before Zhang Shuguang asked Ge Jianming how much money he needed and how much he used, Ge Jianming had generally expressed his willingness to give his property to Zhang Shuguang and accused him of improper bribery. Zhang Shuguang agreed that the two watches that Yang bought for Luo Fei were selected by Luo Fei, and Yang paid for them. Zhang Shuguang's amount of bribes should be determined according to the amount actually paid by Yang, and the appraisal price of the above two watches is accused of Zhang Shuguang's improper amount of bribes, which is not supported by our hospital. According to the facts of the defendant Zhang Shuguang's crime, the nature, circumstances and degree of harm to society of the crime are in accordance with the provisions of Article 385, Paragraph 1, Article 386, Article 383, Paragraph 1, Item 2, Article 25, Paragraph 1, Item 4, Article 67, Item 3 and Article 48 of the Criminal Law of People's Republic of China (PRC).
1. Defendant Zhang Shuguang was convicted of accepting bribes, sentenced to death, suspended for two years (from the date of approval by the Beijing Higher People's Court), deprived of political rights for life, and confiscated all personal property.
Second, the money seized in this case shall be confiscated and turned over to the state treasury. The part other than the proceeds of crime shall be taken as the personal property of the defendant Zhang Shuguang and incorporated into the confiscated personal property (the list is attached). If you refuse to accept this judgment, you can appeal to the Beijing Higher People's Court through our court or directly within ten days from the second day of receiving the judgment.