Defendant Zhang Xianhui argued that "No.19 and No.20, who were accused of taking bribes, entered the ICAC account". After investigation, there were two cases of * * * with the amount of 1 ten thousand yuan, which was proved by Luanchuan County Commission for Discipline Inspection. After inquiring about the deposit information of ICAC account in Luanchuan County, Jason was not found as a depositor, and Jason was not found in 2007.
His defender argued: "The fourth item (4) 1 000 yuan is to help He Yongchuan's son go to college, which is a personal relationship and does not use his power." After investigation, Zhang Xianhui accepted 1 10,000 yuan from He Yongchuan to help Zhang's son go to college, which was a bribe, but he promised to take advantage of his position or status. Therefore, this defense cannot be established and is not supported.
His defender argued that "the 20th RMB 500,000 yuan is the reason why the two families have a good relationship and give gifts to each other, so visiting the sick old man is not a bribe". After investigation, the defendant Zhang Xianhui accepted RMB 500,000 yuan, knowing that Li Zuoduan was still the principal after the merger of the teacher training school and the vocational secondary school, which constituted the crime of accepting bribes. Therefore, the defense reason could not be established and was not supported. His defender argued: "The starting price of 2 1 is 5000 yuan, which is arranged for the clerk. Because he is going to Tibet, he left Zhang Xianhui 5,000 yuan, and it is impossible to seek benefits for him. " After investigation, the defendant Zhang Xianhui confessed that he often made friends with me on business trips, and he was easy to talk to when he needed my help in the future. Witnesses often testify: I work beside Zhang Xianhui, and Zhang Xianhui is also very kind to me. I want to take the opportunity of business trip to express my mind, and hope that he will take care of me more when adjusting the use of cadres in the future. Therefore, the defense reason of the defender cannot be established and will not be supported.
His defender argued that "He Yongchuan's fourth item (3) is 1 000 yuan, Guo Ermao's sixth item (2) is 1 000 yuan, Cheng Minsheng's eighth item (2) is 5,000 yuan, and Cui Feng's second item (1) is 5,000 yuan. I don't think giving help in his promotion or job adjustment constitutes a crime of accepting bribes. After investigation, the defendant Zhang Xianhui took advantage of his position to accept bribes after the relevant personnel were promoted, and his behavior met the constitutive requirements of the crime of accepting bribes. Therefore, the defender's defense cannot be established and will not be supported.
Defenders argue that the bonuses awarded by the relevant units are the 6th case 1.5 million yuan, 6th case 1 yuan, 6th case 1 yuan, 3rd case 1 yuan, 6th case 1 yuan and 4th case 1 yuan. Although Guo Ermao discussed with the team members before giving money to Zhang Xianhui, the main purpose of Guo Ermao's giving money is for personal promotion and appreciation after promotion, so 654.38+0.5 million yuan should be considered as bribery. Judging from 1 1 yuan, Zhang Xianhui's confession confirmed that Zhang wanted to take advantage of the opportunity of the New Year to get in touch with his feelings and take care of him in his future work and promotion. In May, 2005, Luo Yang recommended Zhang when he organized an assessment to recommend cadres at the deputy department level. In July of the same year, Zhang was promoted to deputy county magistrate of yiyang county. Therefore, 1 0,000 yuan should be regarded as the crime of accepting bribes. No. 13 (1) Zhang Xianhui's confession: Because I am the secretary of Luanchuan County Party Committee, Cui sent me money in order to have a good relationship with me and continue to get my help for himself and family planning in future work. Cui also confirmed that the purpose of sending money is to thank Zhang Xianhui for his support for family planning and personal work. Therefore, 1 0,000 yuan should be regarded as the crime of accepting bribes. From 14,10,000 yuan, Liang Changshun's testimony confirmed that Luanchuan County won the "Henan Hongqi Canal Spirit Award", and the Provincial Water Resources Department and the Finance Department jointly awarded Luanchuan County15,000 yuan. After winning the prize, in 2006 1 month, I discussed with Yuan, the former deputy director of the Water Resources Bureau, and the deputy secretary of the Bureau of Discipline Inspection, and said that the Water Resources Bureau had won the prize. Therefore, the initial amount of 6,543,800 yuan should be confirmed now.
Defendant Zhang Xianhui and his defenders argued that 1 was sent by Guo Ermao on his own initiative, and the cause of the qualitative error was confirmed by Guo Ermao's testimony. After investigation, Zhang Xianhui took the initiative to ask for euros. After returning to China, Zhang Xianhui took 2,000 euros for himself, which constituted a crime of corruption. Regarding whether the second crime of corruption constitutes a crime of corruption, after investigation, Zhang Xianhui's confession confirmed that Zhang Xianhui asked CoCo Lee to arrange expenses, and witness CoCo Lee also confirmed that Zhang Xianhui asked Zhang Xianhui to arrange expenses. Wu Mingjie confirmed that CoCo Lee asked him to call Zhang Xianhui to apply for a bank card, and Zhang Xianhui left 50,000 yuan for himself, which constituted a crime of corruption. Regarding whether 1 10000 yuan constitutes a crime of corruption, after investigation, Zhang Xianhui instructed others to buy shopping vouchers and embezzled public funds of 1 10000 yuan in order to win the real position of the deputy department level, which has constituted a crime of corruption.
As to whether Zhang Xianhui constitutes surrender, this defense cannot be established because there is no relevant evidence to prove that he has surrendered himself, and this court does not support it.
Regarding whether Zhang Xianhui has made meritorious deeds, after investigation, Zhang Xianhui reported Xu Citizen's fraud after knowing that he defrauded 600,000 yuan, and reported it as a victim. His behavior does not constitute meritorious service.
Regarding Zhang Xianhui's confession, repentance and active return of stolen money, he can be given a lighter punishment as appropriate. After investigation, Zhang Xianhui has a good attitude of pleading guilty, can actively cooperate with the organization investigation, voluntarily account for his bribery and corruption, and actively withdraw from illegal income, so he can be given a lighter punishment. According to Article 385, Paragraph 1, Article 386, Article 382, Paragraph 1, Article 383, Paragraph 1, Article 93, Paragraph 2, Article 69, Article 64, Article 59, Paragraph 1, Paragraph 2, Article 55 and Article 56 of the Criminal Law of People's Republic of China (PRC).
1. Defendant Zhang Xianhui was convicted of accepting bribes, sentenced to 12 years in prison, deprived of political rights for two years, and confiscated his personal property of RMB 654.38+10,000 yuan; He was convicted of corruption and sentenced to 10 years in prison; Decided to execute 15 years' imprisonment, deprive of political rights for two years, and confiscate personal property of RMB 65,438+10,000.
(The term of imprisonment shall be calculated from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. That is, from 1 1.3 in 2008 to1.2 in 2023. )
2. Defendant Zhang Xianhui received bribes of 928,000 yuan, corruption of 6,543.8+600,000 yuan and Euro2,000 yuan, which were recovered and turned over to the state treasury.
If you refuse to accept this judgment, you can appeal to the Higher People's Court of Henan Province through our court or directly within ten days from the second day of receiving the judgment. A written appeal shall be submitted in one original and three copies.
Chief referee Yin Qinghong
Judge Dai Hejun.
Judge Wang
20 10 August 26th
Bookkeeper Aili