Quyu even needed a house in Hebei to cause trouble.
The procuratorate determined that he had accepted bribes from shareholders and representatives of a pharmaceutical company. But he always insisted that the house was bought by his friends at his own expense.
On July 20, 2018, the first trial of the Gagdage District Court in the Greater Hinggan Mountains region ruled that Quyu was more liable to bribery and sentenced to five yearsimprisonment, confiscating the commercial housing, basement and parking spaces involved.
After the appeal, the Greater Hinggan Mountains Intermediate Court ruled that the facts of the first trial judgment were unclear and the original judgment was revoked and sent back to the Gagdage District Court for retrial.
On March 28, 2019, the Gagdage District Court retried and reached the same results as the original first instance judgment. Song needs to appeal again.
On July 24, the Intermediate Court of Greater Hinggan Mountains held a trial to hear the retrial of the second instance case, but did not pronounce a verdict in court.
On July 24, the Greater Hinggan Mountains Intermediate Court heard the retrial of the second instance case.
The director of pharmacys field house is in trouble.
The prosecution charged that it was bribery on behalf of drug-taking companies.
Quqian and his wife both work in the hospital. He was the head of the pharmacy department of the Second Peoples Hospital of Greater Hinggan Mountains.
The first wife told Red Star News that they had worked for more than 20 years and all had senior titles. Their monthly income was more than 7,000 yuan per person. Now they still live in 62 square meters of railway welfare housing. In 2012, when their children went to university in Beijing, they wanted to buy a house nearby, and finally chose Shijiazhuangs house.
Relevant purchase agreements show that they bought a 88 square meters commercial house in Shijiazhuang, Hebei Province. The unit price of the house is 7260 yuan per square meter, and the total amount of the house is more than 638,000 yuan. The payment method is mortgage, with a down payment of more than 388,000 yuan.
Unexpectedly, this apartment, which is far away from the field and has not yet been renovated, has brought great trouble to the need of Quyu.
The Gagdage District Procuratorate accused Quyu of being in charge of the procurement of medical and medical equipment during his tenure as director of the Pharmaceutical Department of the Second Peoples Hospital of Daxingan Mountains. Every year, through the network drug bidding platform, a pharmaceutical company in Hebei Province purchases a large number of drugs for the Second Peoples Hospital.
In 2013, the shareholder of the above-mentioned pharmaceutical company and the medical representative in charge of the Greater Hinggan Mountains region, Yu Jinguo (another case), ordered the company salesman Lin Mou (another case) to buy the above apartment for the purpose of music.
The prosecution charged that Yu Jinguo ordered Lin Mouweiqu to pay a purchase deposit of 10,000 yuan, and his son Yu Mouxiong (another case) to go through the purchase formalities for him. On the same day, when he entered the country, he made a down payment of more than 318,000 yuan for the purchase of his house by transferring money from others.
After that, Jingqu needed more consent. Yu Jinguo also ordered Lin Mou to buy a basement and a parking space for Qudai, worth more than 241,000 yuan. Lin also pays down payment differential and property management fee for Qudai.
Accordingly, the Gagdage District Procuratorate believes that Quyu needs to receive more than 632,000 yuan in the value of the property market in China.
Two key witnesses retracted their confessions in court
The first-instance judgment of the Gagdage District Court showed that the case was heard by the Court on 25 April 2018.
In the court trial, Qu even needs to say that he and Lin met through QQ chat. Lin said that he suffered from uremia. He was a physician. At that time, when Lin was so young, he got the disease. He sympathized with Lin and instructed Lin how to treat it online.
The song needs to be remembered. They have a good conversation and get along well with each other. Lin Mou sent him some housing photos through QQ and asked him if he wanted to buy them. He saw that the photo household was very good. He also searched the community on the internet. Seeing the good planning of the community, he decided to buy a set.
After I agreed to buy a house, the money given to Lin Mou twice in Beijing was cash, one was 330,000 yuan, and the other was 240,000 yuan. And when I checked in, I gave Lin another 60,000 yuan. So three times a total of 630,000 yuan in cash to buy a house in Linmou. Quyun needs to say that he did not accept bribes and that the house was purchased at his own expense.
According to the first judgment of the Gagdage District Court, witness Lin Mou appeared in court to confirm that she needed to know Qu more through QQ chat ten years ago, and accepted the entrustment of Qu. She bought a house in Shijiazhuang on behalf of Qu, which was not confirmed in her previous volume, but was entrusted by the entrustment of entering the country, because she invested in buying a house for Qu.
Another witness, Yu Yixiong, testified in court that it was arranged by his uncle to sign a purchase contract for his wife, Yang Yimou, rather than accepting his fathers entrustment to go abroad.
The testimony given by Lin Mou and Yu Moxiong in court is inconsistent with the testimony given by the investigative organ. They all argue that it is because the investigative organ has been tortured to extort a confession, and that it is a testimony made against the true meaning.
The first-instance decision of the Gagdage District Court showed that the two witnesses had retracted their confessions in court.
However, the court held that Lin and others did not provide the court with evidence clues to extort confessions by torture. Ultimately, the court supported the prosecutions accusation and sentenced him to five yearsimprisonment for bribery, with a fine of 300,000 yuan. The houses, basements and parking spaces involved were confiscated.
The court of second instance returned the case with unclear facts
During the retrial, the author argued that who bribed and whether there were bribers or not
After the sentence was pronounced, Qu had to appeal against it.
On November 6, 2018, the Great Hinggan Mountains District Court opened its second instance to hear the case. Two days later, the court of second instance ruled that the facts of the first instance judgment were not clear. It decided to revoke the first instance judgment and send it back to the Gagdage District Court for retrial.
On November 8, 2018, the Great Hinggan Mountains District Court returned the case to the second instance with unclear facts.
On March 28, 2019, the Gagdage District Court retried the trial and delivered its first instance judgment. The verdict shows that the prosecution still needs to accept more than 632,000 yuan of the value of the property market in China. Quqian also insists that he did not take bribes and that the house was bought with his own money.
Quqians defense lawyers argue that the focus of the dispute in the case is who bribed Quqian to buy Shijiazhuang property, and whether there were bribers? To determine whether a song constitutes a crime of accepting bribes, we must find out whether the briber exists or not. If even the briber can not prove it, what about constituting the crime of accepting bribes?
According to the Judgment Record, Quqians defense lawyer suggested that after the retrial of the case, the Gagdage District Procuratorate did not submit any new evidence to the court after supplementary investigation. The supplementary investigation statement issued fully reflects that some of the circumstances required by the Court of Second Instance are not difficult to ascertain, but the public prosecution organ It has not yet been ascertained, so the case is still in the state of unclear facts determined by the court of second instance, and there is no solid and sufficient evidence to prove that the song constitutes the crime of accepting bribes.
According to reports, regarding whether the bribery party is a unit or an individual, the prosecution mentioned in the job description that the case handlers went to Shijiazhuang many times and found that the medical companies involved had been empty and could not be investigated. Moreover, the witness in the case did not appear in China, and at present it is impossible to prove whether the company or individual bribery.
According to the prosecution, the existing evidence is sufficient to prove that the property in Shijiazhuang needs to be purchased in the country. As for whether the briber is a unit or an individual, it does not affect the conviction and sentencing of the bribery.
However, Quqians defense lawyers argue that since the public prosecution cant prove whether the medical company bribes or individual bribes after supplementary investigation, there is no evidence to prove that the medical company bribes in this case. In addition, the indictment accused him of being a shareholder and a medical representative of the pharmaceutical company in China, and he needed to pay bribes even more. There was no evidence to prove that individual bribery was justified.
For Lin Mous identity, the prosecutions job description mentioned that because the medical company involved was in a state of suspension, people went to the building empty, unable to find relevant witnesses and materials. Lin admitted that he knew and had contacts with Yu Jinguo. Whether he was an employee of a pharmaceutical company or not did not affect the identity of the joint offender of bribery.
Quqingnians lawyer put forward in his defense opinion that the indictment clearly stated that Lin Mou was a salesman of the pharmaceutical company involved, which was a support for the accusation. Now it is said that whether Lin Mou is a salesman of the company does not affect the identity of the joint offender of bribery, and further illustrates that the reasons for accusing Lin Mou of participating in bribery abroad are more far-fetched.
The lawyers plea for a verdict was more in need of an innocent defence opinion, which was not supported by the court in the end. The first-instance judgment of the Gagdage District Court after retrial is the same as that of the original first-instance judgment.
In this regard, the song still needs to disagree and appeal again.
On July 24, the Intermediate Court of Greater Hinggan Mountains held a court session to hear the second instance case of suspected bribery.
In court, Quqian needed to say that the prosecutions charges were not true. He invested his own money and entrusted Lin Mou to help buy a house. What he gave Lin Mou at the beginning was cash. He did not know Jinguo and his son Yu Moxiong.
Song needs more memories. He has known Lin Mou for more than 10 years. He recommended treatment and maintenance methods for Lin Mou, while Lin Mou recommended house information for him. I heard that Lin Mou is engaged in building materials business.
They met four times. The first meeting was in Beijing. He handed over 330,000 yuan of cash to Lin Mou for the down payment of house purchase. Lin Mou gave him a receipt. The second meeting, Lin Mou will purchase the relevant agreement and payment receipt to him, will also be the receipt back.
They were asked why they should take cash with them on a long journey rather than through bank transfers. Quyi needs more explanation. This is Lins requirement. There may be a discount on the price of the house paid in cash.
During the trial, the defendant, the procurator and the defense lawyer did not submit any new evidence. The court investigated the position and duties of the director of the pharmacy department in Quqian. Quyun needs more introduction. When the hospital purchases drugs, the relevant departments first raise the demand, then convene the Pharmaceutical Administration Committee to study and decide, and the leaders of the competent hospital sign, before purchasing.
During the court debate, defense lawyers said that they had submitted to the court a number of documents concerning the hospital drug procurement management system, examination and approval procedures, and the minutes of meetings of the Pharmaceutical Administration Committee, proving that the purchase of drugs by the hospital in which Quyu belongs must be discussed collectively by the Hospital Pharmaceutical Administration Committee and examined and approved by the competent president before final decision can be made. Ding, Qu needs to be the director of pharmacy department. He does not have the right to make personal decisions on purchasing drugs, nor does he have the professional convenience of accepting bribes.
In this regard, the court prosecutor refuted that many hospital leaders confirmed that Qu needed more decision-making power in the procurement of drugs. During Qugengs appointment as director of the pharmacy department, the hospital purchased a large number of drugs from the pharmaceutical companies involved. Ququ needs to be acquainted with Yu Jinguo and have business contacts.
In addition, in the three rounds of court debates, the prosecution and the defense also focused on the issue of whether the bribery in the case is necessary or not.
In the opinion of the procurator appearing in court, the first instance procedure is lawful, the facts are clear and the sentencing is accurate, and the appeal request for more needs should be rejected.
Defense lawyers believe that the indictment song of the public prosecution organ needs insufficient evidence of crime, and the key evidence of Lin Mou and Yu Moxiongs pre-court testimony is not authentic and legitimate. If the court of first instance has made a wrong judgment, it shall correct it according to law, and it is even more necessary to plead innocence to change the judgment.
I didnt take bribes. I was innocent. Its more important to say it in the final statement of the court.
On July 24, the trial lasted until about 17:00 on that day. The presiding judge adjourned the trial and delivered the judgment on that day.
Source: Red Star News Author: Gao Xin Responsible Editor: Liu Xiaowu_NN4113