As a result, Xing Yun became the third tiger to wear the prison bottom after the 18th National Congress of CPC.
Xing Yun, male, Han nationality, born in March 1952 in TUZUO banner, Inner Mongolia, worked in September 1968, joined the Communist Party of China in March 1981, with a graduate degree from the Central Party school.
According to the public information, he once served as the Secretary of the allied committee of YIKEZHAO League and the Secretary of Ordos Municipal Party committee. In December 2001, he became a member of the Standing Committee of the Party committee of Inner Mongolia Autonomous Region, the Secretary of Baotou municipal Party committee, and the Secretary of the political and Legal Committee of the Party committee five years later.
In February 2012, Xing Yun took the post of deputy director of the Standing Committee of the National Peoples Congress of the new Inner Mongolia Autonomous Region. On October 25, 2018, Xing Yun was inaugurated.
According to the court hearing, Xing Yun began to collect money in 1996, with a span of 21 years.
From 1996 to 2017, the defendant Xing Yun took advantage of his position as the Deputy Secretary of the CPC YIKEZHAO League Committee, the head of the Administration Office of YIKEZHAO League, the Secretary of the CPC YIKEZHAO League Committee, the member of the Standing Committee of the CPC Inner Mongolia Autonomous Region, the Secretary of Baotou Municipal Committee, the member of the Standing Committee of the CPC Inner Mongolia Autonomous Region, the book of the political and legal committee, and the deputy director of the Standing Committee of the peoples Congress of Inner Mongolia Autonomous Region People provide assistance in project contracting, job adjustment and promotion, and illegally receive property from others directly or through their close relatives, amounting to 449 million yuan in total.
According to the court, the amount of bribes taken by Xing Yun is particularly huge, the circumstances of the crime are particularly serious, the social impact is particularly bad, and the interests of the country and the people are particularly damaged, so the death penalty should be imposed for the crime. Xing Yun has been seeking promotion and adjustment for many people for many times, and should be punished strictly according to law.
However, Xing Yun has mitigated or given a lighter punishment. For example, he reported and exposed other peoples crimes, which proved to be true through investigation, and has made great contributions.
Finally, Xing Yun was sentenced to a reprieve of death and life imprisonment!
The Bureau noted that Xing Yun was the third tiger to be sentenced to life imprisonment after the 18th National Congress.
Before him, Bai Enpei, former Secretary of Yunnan provincial Party committee and Wu Changshun, former director of Tianjin Public Security Bureau were also sentenced to life imprisonment, no commutation or parole.
Bai Enpei, male, Han nationality, born in September 1946, is 73 years old, born in Qingjian, Shaanxi Province, with a college degree and an engineer. He joined the Communist Party of China in June 1973 and worked in August 1970.
On October 9, 2016, Bain Pei was sentenced for bribery and unidentified huge amount of property, thus becoming the first person sentenced to life imprisonment since the implementation of the criminal law amendment (IX). According to the court hearing, bainpei spent 13 years accumulating more than 246 million yuan.
Next, Wu Changshun followed suit.
Wu Changshun, 66, was sentenced in May 2017. At that time, the court found out that he was guilty of corruption, bribery, misappropriation of public funds, unit bribery, abuse of power and bending the law for personal gain. Of which, 342 million were embezzled, 84.4 million were bribed and 101 million were embezzled.
What is the law about?
The amendment (IX) to the criminal law passed in August 2015 added that: for those who have committed the crime of corruption and bribery and are sentenced to death penalty with reprieve, the peoples court can decide at the same time according to the circumstances of the crime, after the two-year reprieve of death penalty is reduced to life imprisonment according to law, life imprisonment is not allowed to be commuted or paroled.
After the implementation of the new law, some senior officials were also punished, such as Guo Boxiong, former vice chairman of the Central Military Commission, and lingpian, former Minister of the United Front Department of the CPC Central Committee. However, they were all sentenced to life imprisonment, and no one applied life imprisonment.
All the way to Bain Pei.
In the trial of Bain Peis case, the court said that Bain Pei received a huge amount of bribes, the circumstances of the crime were particularly serious, the social impact was particularly bad, and the interests of the country and the people were particularly damaged, so the death penalty should be imposed for the crime..
In view of the fact that Bai Enpei confessed his crime truthfully after he came to the case, he took the initiative to account for most of the bribery facts that the case handling organ had not yet mastered; he confessed his guilt and repented, and all the stolen money and goods had been recovered, which had the legal and discretionary circumstances of light punishment, so he was sentenced to death, which could not be executed immediately.
The Bureau noted that just before bainpei was sentenced, in April 2016, the two senior officials issued a clear judicial interpretation:
If the amount of embezzlement and bribery is especially huge, the circumstances of the crime are especially serious, the social impact is particularly bad, and the interests of the state and the people are particularly damaged, the death penalty may be imposed.
If the circumstances in line with the provisions of the preceding paragraph, such as surrendering oneself, performing meritorious service, truthfully confessing ones crime, sincerely repenting, actively returning stolen goods, or avoiding or reducing the occurrence of the result of damage, are not necessary for immediate execution, the death penalty may be suspended for two years.
If the circumstances specified in the first paragraph are met, the death penalty may be imposed with a two-year suspension of execution according to the circumstances of the crime. At the same time, the judgment decides that after the two-year suspension of execution has been reduced to life imprisonment according to law, life imprisonment shall not be reduced or paroled.
Source: responsible editor of Beijing Toutiao Bureau of sea observation and interpretation: Zhou Xinyi, Niu nb12002