The Supreme People's Court's criminal ruling on Wang Huaizhong case
People's Republic of China (PRC) the Supreme People's Court criminal ruling
(2004) Criminal auxiliary characters. 15
Defendant Wang Huaizhong, male, 1946+0 was born in Bozhou City, Anhui Province in August, Han nationality, university culture, former deputy governor of Anhui Provincial People's Government, and deputy to the Ninth People's Congress of Anhui Province (dismissed on September 28th, 2002). He used to be Deputy Secretary of Fuyang District Committee, Commissioner of Fuyang District Administration Office and Secretary of Fuyang District Committee of China. Room KLOC-0/02, Building 3, No.2 Shucheng Road, Hefei City, Anhui Province. He was arrested from June 6th to1October 6th, 2002. Bet now.
The Intermediate People's Court of Jinan City, Shandong Province, heard the case that the People's Procuratorate of Jinan City accused the defendant Wang Huaizhong of taking bribes and the source of huge amounts of property was unknown. On February 29th, 2003, the Intermediate People's Court made a criminal judgment (2003) No.32 of Ji Jian Criminal Final Word, and found the defendant Wang Huaizhong guilty of accepting bribes, sentenced to death, deprived of political rights for life, and confiscated all his personal property. He committed the crime of huge amount of property with unknown sources, was sentenced to four years in prison, decided to execute the death penalty, deprived of political rights for life, and confiscated all personal property. After the verdict, Wang Huaizhong refused to accept it and appealed. On June 5, 2004+10/October 5, 2004, the Shandong Higher People's Court made a criminal ruling (2004) Lu Xinger Zhongzi No.6, dismissed the appeal, upheld the original judgment and submitted it to our court for approval according to law. Our court formed a collegial panel according to law and reviewed the case. Now the review is over.
After examination, the court of first instance ruled that:
1September, 1994, the defendant Wang Huaizhong took advantage of his position as deputy secretary of Fuyang District Committee and Commissioner of Fuyang District Administrative Office to instruct Wang Hanqing, the former mayor of Fuyang, and others to go through the bail pending trial procedures for Yang Xiaoming, the vice chairman of Fuyang Longfei Leather Co., Ltd., who was suspected of tax evasion. In February of the same year, Wang Huaizhong accepted RMB 60,000 from Yang Xiaoming.
During the period from 1995 to 1997, the defendant Wang Huaizhong took advantage of his position as the Commissioner of Fuyang Administrative Office and the secretary of Fuyang Municipal Party Committee, and presided over several coordination meetings attended by the heads of Fuyang Administrative Office and relevant departments of Fuyang City. So as to solve the construction land for the international industrial park and Hai Yin Garden developed by Anhui Guoyin Fuyang International Industrial Park Development Co., Ltd. and reduce the supporting fee of Hai Yin Garden Phase II by 65438+1 0. At the end of July, 1997, Wang Huaizhong accepted Xiang Kun110,000 Australian dollars (equivalent to RMB 6 1 10,000), the chairman of the company.
1997 to 2000, Wang Huaizhong, the defendant, took advantage of his position as secretary of Fuyang Municipal Party Committee to hold coordination meetings attended by the heads of relevant departments of Fuyang City for many times, and solved the problems of land development, demolition and resettlement of Fuyang Trade City and Jing Xian Villa for Anhui Fuyang Huixin Development Co., Ltd., and received RMB 400,000 from the heads of the company, Jiang Xu and Yu Yongqiang.
1998 10, the defendant Wang Huaizhong took advantage of his position as secretary of Fuyang Municipal Party Committee to ask the relevant departments of Fuyang City to solve the demolition problem encountered by Anhui Fuyang Longteng Industrial Co., Ltd. (hereinafter referred to as Longteng Company) in the process of developing Jingxin Villa, and accepted 300,000 yuan from Ma Ping, chairman of Longteng Company, and Lu Qiang, general manager of Longteng Company. 1999 65438+ 10, Wang Huaizhong took advantage of his position as secretary of Fuyang Municipal Party Committee and asked Fuyang public security organs not to hold Longteng Hotel employees responsible for smashing the glass windows and vehicles of Buckingham Palace Hotel, and accepted 400,000 yuan from Ma Ping and Lu Qiang afterwards; In February of the same year, Wang Huaizhong signed the "Report on Building Longteng Shopping Center" of Longteng Company to request the support of relevant departments of Fuyang City, and then received 200,000 yuan from Ma Ping and Lu Qiang; In May of the same year, Wang Huaizhong greeted the relevant leaders in Yingzhou District, Fuyang City, and went through the formalities for the land use certificate of Longteng Gas Station for Longteng Company, and received RMB 200,000 from Ma Ping and Lu Qiang.
1August, 1998 to1August, 1999, the defendant Wang Huaizhong took advantage of his position as secretary of Fuyang Municipal Party Committee to sign opinions on the report of Zhou Wei, chairman of Fuyang Oriental Hotel, on buying out Oriental Hotel and applying for working capital loan for seven times, helping Zhou Wei to buy out Oriental Hotel and coordinate to solve the loan of149.63 million yuan, and accepting RMB * * from Zhou Wei for four times.
1in April, 1997, the defendant Wang Huaizhong took advantage of his position as the secretary of Fuyang Municipal Party Committee to preside over a coordination meeting attended by the heads of relevant departments of Fuyang City, demanding that the supporting fees for urban construction, land transfer fees and automobile transportation tax for the development of automobile transportation building by Anhui Tian Li Real Estate Development Co., Ltd. be reduced. 1August, 1999, Wang Huaizhong accepted RMB 654.38 million from Wang Xinhua, the chairman of the company.
1from the second half of 1996 to199, the defendant Wang Huaizhong took advantage of his position as the secretary of Fuyang Municipal Party Committee to hold a coordination meeting attended by the heads of relevant departments of Fuyang City to solve the demolition problems encountered in the process of expanding Buckingham Palace Hotel for Fuyang Buckingham Palace Hotel Co., Ltd., and twice asked Fuyang Office of Anhui Trust and Investment Company to solve the construction funds of Buckingham Palace Hotel. 1August, 1999, Wang Huaizhong accepted RMB 200,000 from Liu Shiqiang, the chairman of the company.
1February, 1996 to1February, 1998+01February, the defendant Wang Huaizhong took advantage of his position as secretary of Fuyang Municipal Party Committee to reduce the land transfer fee and urban construction supporting fee for Fuyang Oasis Real Estate Development Co., Ltd., where Ni Chao was located, by holding a coordination meeting and signing documents, totaling RMB 65,438. In May 2000, when meeting in Tianjin, Wang Huaizhong asked Ni Chao for RMB 50,000.
1July, 1996 to1July, 1999, the defendant Wang Huaizhong took advantage of his position as secretary of Fuyang Municipal Party Committee to sign the document and hold a coordination meeting, etc., in order to reduce the expenses of urban construction supporting fees and fixed assets investment adjustment tax for Anhui Fuyang International Trade Mall Co., Ltd., Anhui National Real Estate Development Co., Ltd. and Anhui Yajie International Trade Group Co., Ltd., whose legal representatives are Li Zhou. On June 5438+February, 2000, she was promoted to vice governor of Anhui Provincial People's Government and learned that the relevant departments were investigating her suspected economic crimes, demanding RMB 2 million, of which 1.2 million was given to Hou (pseudonym, sentenced for committing fraud) in an attempt to prevent the relevant departments from investigating her economic crimes.
On June 5438+February 2000 and February 5438+0, 2006, the defendant Wang Huaizhong demanded RMB 200,000 from Wang Jing, the chairman of Anhui Niuwang Leather Clothing (Group) Company, which planned to build an agricultural base in Bozhou, Anhui. Ask Deng Shuangmei and Yu Dansheng, heads of Anhui Peng Yun Real Estate Co., Ltd., who are planning to build the agricultural high-tech park project in Changqing Town, for 500,000 yuan, and arrange for Yu Dansheng to give 300,000 yuan to Yu Yongqiang, deputy manager of Beijing New Century Sihuan Investment Co., Ltd., and 200,000 yuan to Su Huiman, a self-employed person, to find a relationship and try to prevent the relevant departments from investigating and dealing with his suspected economic crimes.
After the incident, the investigation organ seized and frozen the property of the defendant Wang Huaizhong according to law. Except for the proceeds from bribery crimes and legal income, Wang Huaizhong can't explain the legal source of the property with the value of RMB 4,805,438+01030,000.
The above facts are proved to be true and sufficient by witness testimony, documentary evidence, expert conclusion and other evidence, and the court of first instance confirms them and makes a judgment of first instance.
The defendant refused to accept the judgment of the first instance, and appealed that the facts identified in the judgment of the first instance were basically true. However, after asking for 2 million yuan, he asked Yang to return 800,000 yuan, and the amount of bribes this time should be 6.5438+0.2 million yuan; Excessive sentencing in the first instance; After the verdict was pronounced in the first instance, he accused others of committing crimes, showed sincere repentance and asked for a lighter punishment. Wang Huaizhong's defender not only put forward the same defense reasons as Wang Huaizhong, but also put forward that the circumstances of Wang Huaizhong's bribery crime did not reach a particularly serious level, and the first-instance judgment was too heavy for the crime of accepting bribes, suggesting a lighter punishment; The calculation method of unknown property is incorrect, and there is the possibility of repeated calculation.
After the second trial, the Higher People's Court of Shandong Province confirmed that Wang Huaizhong's defense reasons and his defenders' defense opinions could not be established, so it made a ruling to uphold the judgment of first instance and reject his appeal, and submitted it to our court for approval according to law.
Upon examination, our court held that the defendant Wang Huaizhong, as a national staff member, took advantage of his position to extort RMB 2.75 million from others and illegally accepted RMB 2.3 million and AUD 6.5438+0.0000, equivalent to RMB 5.65438+0.765438+0.0000, which constituted the crime of accepting bribes. Wang Huaizhong's property and expenditure obviously exceed the legal income, with a huge difference. For the huge amount of property with a value of RMB 4,805,438+0,654,38+0,030, the legal source cannot be explained, and its behavior has constituted the crime of unclear source of huge property. Wang Huaizhong's bribery amount is extremely huge, and it has the statutory heavier punishment circumstances of repeatedly asking for bribes. To make matters worse, in order to escape legal sanctions, Wang Huaizhong continued to demand bribes from others while the relevant departments investigated and dealt with his alleged economic crimes, and tried to prevent the relevant departments from investigating and dealing with his economic crimes by using the huge bribes demanded. The circumstances of the crime of accepting bribes are particularly bad, which is extremely harmful to society and extremely serious. During the trial, Wang Huaizhong reported another person's crime. After verification by the relevant departments, the report either lacks specific circumstances such as time and place, and does not meet the conditions for filing a case for verification, or the person involved has been reported for investigation before reporting in Wang Huaizhong, or it does not constitute a crime. Wang Huaizhong's behavior does not conform to the provisions on meritorious service in the first paragraph of Article 68 of the Criminal Law, and does not have the statutory circumstances of a lighter punishment. During the first trial, Wang Huaizhong refused to plead guilty; During the second trial, Wang Huaizhong confessed to most of his crimes, but still denied other criminal facts proved by conclusive evidence, which was not enough to be given a lighter punishment. The facts ascertained in the first-instance judgment and the second-instance ruling are clear, the evidence is true and sufficient, the conviction is accurate, the sentencing is appropriate, and the trial procedure is legal. In accordance with the provisions of Article 199 of the Criminal Procedure Law of People's Republic of China (PRC) and the first paragraph of Article 285 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:
Approved the Shandong Higher People's Court (2004) Lu Xinger Zhongzi No.6 to maintain the first instance, sentenced the defendant Wang Huaizhong to death for accepting bribes, deprived of political rights for life, and confiscated all personal property; He was sentenced to four years in prison for the crime of huge amount of property with unidentified sources, and decided to execute the death penalty, deprive him of his political rights for life, and impose a criminal ruling of confiscating all his personal property.
This ruling shall take legal effect as of the date of service.
Judge René Hua Wei
Judge Han Weizhong
Acting Judge Guo Qingguo
February 2004 1 1 day
Bookkeeper Cui Ran