Chen Hua, former deputy director of Beijing Network Information Office, was sentenced to 9 yearsimprisonment and fined 600,000 yuan in the second instance.

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 Chen Hua, former deputy director of Beijing Network Information Office, was sentenced to 9 yearsimprisonment and fined 600,000 yuan in the second instance.


The reporter learned from Beijing Court Trial Information Network in the morning that Chen Hua, a former member and deputy director of the Party Group of Beijing Internet Information Office, was sentenced to eight yearsimprisonment and a fine of 400,000 yuan by the Second Trial of Beijing Higher Peoples Court for the crime of corruption; he was sentenced to three years imprisonment and a fine of 200,000 yuan for the crime of accepting bribes; he decided to carry out nine yearsimprisonment and a fine of 600,000 yuan.

Chen Hua is involved in two counts of corruption and bribery

Chen Hua was a member and deputy director of the Party of Beijing Internet Information Office. On April 8, 2018, Chen Hua was arrested and brought to justice by the Beijing Municipal Supervisory Commission on suspicion of corruption. Later, the Second Branch of Beijing Peoples Procuratorate prosecuted Chen Hua on two charges of corruption and bribery.

The first instance judgment of the Second Intermediate Peoples Court of Beijing confirmed several criminal facts of Chen Hua. During the period from 2007 to 2018, Chen Hua was found guilty of embezzlement. He served as deputy director and director of the Network News Management Office of Beijing Internet Publicity and Management Office (hereinafter referred to as the Network Management Office of the Network Publicity Office), director of the Network Information Service Management Office of the Beijing Internet Information Office (hereinafter referred to as the Network Management Office of the Network Information Office), member and Deputy member of the Party of the Beijing Internet Information Office (hereinafter referred to as the Network Information Office). For the convenience of holding posts, the capital Internet Association (hereinafter referred to as the Association) has been embezzled and defrauded by means of returning publicity and promotion fees, fabricating official expenditures and reimbursing personal expenses, amounting to more than 322,000 yuan.

Specific facts are that Chen Hua cheated the Association for 10 times from 2009 to 2018 in the name of returning the publicity and promotion fees of the sponsors of the Internet Media Gala activities, totalling RMB 2.85 million; from 2009 to 2011, he cheated the Association for seven cheques in the name of purchasing office supplies by means of false increase in the value of goods or false collection, totaling corruption. From 2007 to 2012, Chen Hua reimbursed his personal consumption expenditure for 16 times in the name of meals, service fees and gifts, totaling RMB 82431.5. In September 2011, Chen Hua printed 2000 copies of his book Towards Cultural Consciousness: A Study of Self-Discipline Mechanism in Chinese Internet Media Industry through Peoples Publishing House. In January 2012, Chen Hua reimbursed the publishing fee of 80,000 yuan in the name of purchasing books in the Association.

From 2004 to 2010, Chen Hua, the accused, took advantage of his position as director of the Publicity Office of the Ministry of Propaganda of the Beijing Municipal Committee, deputy director and director of the network management department of the network publicity office, to provide assistance to enterprises and individuals such as Tianshi Group Co., Ltd., State Grid Co., China Electric Power Group Co., Ltd. and Li Mou in the management and control of Internet information. From 2006 to 2018, Chen Hua illegally received more than 1.5 million yuan of property from the above-mentioned units and individuals.

The specific fact is that from 2004 to 2010, Chen Hua took advantage of his position as director of the Publicity Office of the Ministry of Propaganda of the Beijing Municipal Committee, deputy director and director of the network management department of the network publicity office to provide assistance to Tianshi Group and its legal representative, Li Mou, on matters such as Internet information management and control. To this end, Chen Hua received a total of 879.1 million yuan from Li Mou from 2006 to 2013. In 2008, Chen Hua took advantage of his position as deputy director of the network management department of the network publicity office to provide assistance to the State Grid Corporation in matters such as Internet information management and control. In February 2012 and January 2018, Chen Hua received RMB 50,000 yuan, four computers, printers and other equipment, totaling RMB 84,853.79 yuan. From 2009 to 2010, Chen Hua took advantage of his position as Deputy Director and Director of the Network Management Department of the Network Publicity Office to provide assistance to Guodian Group in matters such as Internet information management and control. For this reason, Chen Hua received one camera lens from the company in 2010, equivalent to RMB 86.92 million yuan.

Chen Hua refused to appeal against the 11-year fine imposed by the first trial ruling of 700,000 yuan

After trial, the Second Intermediate Peoples Court of Beijing sentenced Chen Hua to 10 yearsimprisonment and a fine of RMB 500,000 on the first trial for the crime of corruption; sentenced him to three years imprisonment and a fine of RMB 200,000 on the crime of accepting bribes; and decided to carry out 11 yearsimprisonment and a fine of RMB 700,000. The defendant was ordered to return more than 322,000 yuan to the Capital Internet Association and recover more than 960,000 yuan of Chen Huas illegal income. The money and property seized in the case shall be dealt with separately.

After the judgment of the first instance was made, Chen Hua appealed on the grounds that he had surrendered himself and returned the stolen goods, believing that the sentencing at the first instance was too heavy. Chen Huas advocates argue that Chen Huas position in the Association is not official, and the property of the Association is not public property, so Chen Hua does not constitute a crime of corruption. Chen Hua once gave Zou a part of the kickback to Amway employees. Part of the stolen money is used for the official activities of the unit. Chen Huaweis reimbursement of books purchased by the association does not constitute a crime of corruption. Chen Hua surrendered voluntarily when he knew he was being investigated and dealt with and truthfully explained the criminal facts that most of the organs had not grasped.

The facts ascertained by the Beijing High Court after trial are consistent with those ascertained by the court of first instance. According to the Beijing High Court, the appellant Chen Hua, as a state functionary, illegally occupies public property by taking advantage of his position, which is especially huge and constitutes a crime of embezzlement; Chen Hua also illegally accepts other peoples property by taking advantage of his position, which amounts to a huge amount and seeks benefits for others. His actions also constitute the crime of accepting bribes, and Chen Huas crimes of corruption and acceptance of bribes should be punished according to law. Punishment and concurrent punishment for several crimes.

Regarding Chen Huas defense opinion that Chen Hua does not constitute a crime of corruption or bribery, the Beijing High Court held that Chen Hua, as a cadre above the department level of Municipal Networks Credit, was appointed by the unit to serve as a standing director in the Association concurrently, which conformed to the provisions of Article 93, paragraph 2, of the Criminal Law and belonged to the state workers engaged in public affairs. The testimony of Wei Mou, secretary-general of the association, also confirms that the source of funds of the association includes government appropriations and the cost of government purchasing services, so the property of the association has the nature of public property. Chen Hua took advantage of the aforementioned position to cheat and embezzle the property of the Association, which accords with the constitutive requirements of the crime of corruption.

There is not enough evidence to prove whether Chen Hua gave Zou a part of the rebate, but the amount of Chen Huas embezzlement is not confirmed. According to the Interpretation of Several Questions Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery by the Most Important Peoples Court and the Supreme Peoples Procuratorate, even after Chen Hua illegally possesses public property and accepts other peoples property, the use of dirty money and stolen goods in the units official expenditure will not affect the determination of the crime of corruption and bribery.

In addition, the Municipal Network Information Office and the Association have issued relevant materials to prove that the Municipal Network Information Office and the Association do not allow individuals to reimburse for the cost of publishing books in the unit. In violation of the regulations, Chen Hua reimbursed part of the cost of publishing his own books in the name of purchasing books in the Association, which accords with the constituent elements of the crime of corruption.

Confirming that Chen Hua has surrendered to himself and mitigating punishment in second instance

With regard to Chen Huas defense opinions of surrender by Chen Hua and his defenders, the Beijing High Court, after investigation, has obtained some facts about Chen Huas crime of corruption and bribery according to the process of the case submitted by the supervisory organ. The supervisory organ has notified Chen Hua by telephone that Chen Hua Ming, knowing that he has been investigated and dealt with, automatically goes to the supervisory organ to cooperate with the investigation and shall be deemed to have surrendered the case automatically.

After the case, Chen Hua not only truthfully explained the fact that the supervisory organ had taken advantage of his position to facilitate the embezzlement of 148,800 yuan of the Association public funds and accepted 879,900 yuan of Li Mou, but also voluntarily explained that the supervisory organ had not grasped the use of his position convenience in the name of propaganda and promotion fees, procurement of office supplies for units and so on. He owned 3.1 million yuan of the Association public funds and received 3.1 million yuan from the State Grid Corporation, the State Grid Corporation and the The facts of bribery by Guodian Group. Until the court hearing period, Chen Hua can truthfully confess the crime, its behavior conforms to the legislative intention of voluntary surrender and relevant judicial interpretations, should be recognized that Chen Hua has the circumstances of voluntary surrender. In view of the fact that all the stolen money and goods involved in the case have been returned, the crime of corruption can be mitigated according to law and the crime of accepting bribes can be lightly punished.

Accordingly, on April 3, the Beijing High Court issued a second judgment, upholding the second and third judgments of the first instance and revoking the first judgment of the first instance. Chen Hua was sentenced to eight yearsimprisonment for corruption and a fine of 400,000 yuan; Chen Hua was sentenced to three years imprisonment and a fine of 200,000 yuan for bribery; Chen Hua was sentenced to nine yearsimprisonment and a fine of 600,000 yuan.

Chen Hua resume

Chen Hua, male, Han nationality, born in October 1971, Shangyu, Zhejiang Province, took part in work in July 1994, joined the Communist Party of China in April 1993, with an in-service postgraduate degree and a Doctor of Literature.

1994.07-2006.01 Cadres of the Publicity Department of the Beijing Municipal Committee of the Communist Party of China

2006.01-2009.12 Deputy Director of Network News Management Office, Beijing Internet Publicity and Management Office

2009.12-2013.06 Director of Network News Management Department, Beijing Internet Publicity and Management Office

2013.06-2016.04 Director of Network Information Service Management Department of Beijing Internet Information Office

2016.04 - Member and Deputy Director of the Party Group of Beijing Internet Information Office (probation period)

Source: Beijing Evening News Responsible Editor: Wang Zheng_N7526