Court scene Prosecutors carefully review the files Not long ago, the first intermediate court in Hainan was sentenced to Liu Minggui, the former chairman of Hainan Development Holding Co., Ltd., sentenced to twelve years in prison for the crime of bribery, and a fine of 1 million 800 thousand yuan. The case involved in the case amounted to about 12000000 yuan, the prosecution in the examination and prosecution of each bribe fact has been repeatedly verified, to work hard to ensure the quality of the case. A bribe of more than a thousand million years in ten years Prosecutors found that Liu Minggui had taken bribes of RMB 10 million 857 thousand yuan, HK $1 million 300 thousand, $15 thousand and a pair of 7000 yuan pears, with a total of more than 1221 yuan RMB. When the 53 year old Liu Minggui was born in Nanchang, Jiangxi Province, he took the seat of general manager of Hainan electronics industry general company in November 1999 and later served as general manager of Xingye polyester company of Hainan Province, general manager of Hainan Steel Corp and chairman of Hainan Development Holding Co in August 2016 to August 2016. Prosecutors accused Liu Minggui of taking part in the project and collecting substantial benefits. In the course of accepting bribes, he got the first 500 thousand yuan bribes, which took place during his tenure in Hainan Electronics Industry Corporation in 2000. In October 2000, the Hainan electronic industry general company and Guangzhou commercial foreign storage and transportation company had a storage lease contract dispute. The Hainan Provincial Electronic Industry Corporation brought Guangzhou commercial foreign storage and transportation company to the intermediate court of Guangzhou City, and commissioned the lawyer Jiang Han of Zhenchang law office in Shenzhen to act the case. Finally, after the first instance and the second trial procedure, the case was settled by mediation in May 2005. The Guangzhou commercial foreign storage and transportation company paid 20 million yuan to the Hainan Provincial Electronic Industry Corporation. The Hainan provincial electronic industry general company paid 30% or 6 million yuan of the winning bid to the lawyers office when the agency cost was paid to Jiang culvert. After that, Lin Xiang handed over 500 thousand yuan to yang to Liu Minggui as a thank you fee. The prosecutor found that in the past 10 years, Liu Minggui had taken bribes of RMB 10 million 857 thousand yuan, HK $1 million 300 thousand, $15 thousand and a pair of Huali wooden chairs with a total value of 7000 yuan, totaling more than 1221 yuan RMB. On the occasion of Liu Mingguis power to accumulate wealth, when the 2016 Spring Festival just passed, the Hainan Provincial Commission for Discipline inspected the Hainan Development Holding Co. Seeing the inspection team members checking their accounts all day, he made a painful decision: rather than waiting for a check, it is better to wash themselves out. In the early May 30, 2016, Liu Minggui confessed to the discipline inspection and supervision organ that the organization had mastered his personal owner Li Tiezhong to send money to the discipline. In order to express his sincerity, he turned the 1 million 110 thousand yuan of violation of discipline into the honest and clean account of the Hainan Provincial Commission for discipline. In August 4, 2016, the Hainan Provincial Commission for Discipline Inspection decided to file a review on Liu Mingguis alleged serious violation of discipline. Fixed evidence for booty With the prosecutors evidence collection, certification and certification work, the briber and the witness came to the case successively, and all the evidence, evidence and documentary evidence of Liu Mings bribery case were obtained and obtained. The examination of the procuratorial organ found that the case involved a huge amount of money: in July 2005, when Liu Minggui was the general manager of the Hainan electronic industry general company, he received a bribe of 500 thousand yuan per time. In the office of the general manager of the Steel Corp in Hainan Province, there were 15 times of bribery of RMB 2 million 357 thousand yuan, HK $1 million 100 thousand, $15 thousand and a pair of 7000 yuan of Huali. From July 2007 to August 2016, Liu Minggui was bribed by the chairman of the Hainan Development Holding Co for 5 times, accepting bribes of 8 million yuan and HK $200 thousand. In the face of such a huge bribery of corrupt officials, the case handlers understand that there is no evidence for the conviction, because the evidence in the bribery case is the key to the conviction, and the complete chain of evidence is the basis for ensuring the quality of the case. For this reason, based on Liu Mingguis account, investigators based on the repeated verification of each bribe fact, quickly searched the witness for full evidence collection. With the investigation and forensics, solid evidence and verification, the briber and the witness came to the case successively. All the evidence, evidence, and evidence of the Liu Minggui bribery case were obtained and obtained. The files show that Liu Minggui was transferred to the Hainan Provincial Commission for Discipline Inspection and clean government account before returning to pay 1 million 110 thousand yuan of illicit money through his wife Yu Mou before being investigated by the Discipline Inspection Commission of the province. During the investigation of the first branch of the Hainan provincial Procuratorate, after Liu Minggui confessed his crimes, he expressed repentance to the harm caused by his crime to the state and the society, and mobilized his wife to take the initiative to return the stolen goods in order to get the forgiveness of the law. After that, his wife Yu paid off the stolen money 1 million 800 thousand yuan. Prosecutors open the door to see the mountain: the previous trial, you confessed the fact of bribery, except for the 2 million 910 thousand yuan of stolen money, what are the other stolen money you have taken out of the bribe? You want to understand, the number of stolen goods and less, and the next courts conviction and sentencing has a direct link. In the previous account, I said that Wei Maowen, the boss of the engineering team, once sent me 500 thousand yuan, and later I didnt get the project. He had to go back again. In addition to the 2 million 910 thousand yuan I paid, I spent a lot of money in my family, and there was still some money for Li Tiezhong to keep for me. How much did Li Tiezhong keep for you? about 4 million 500 thousand yuan. For the money, the cases were quickly recovered. The court expresses the confession of the law Liu Minggui acknowledged the facts of the specific crimes charged by the procuratorial organs, but defended the nature of some of the money involved in the case, and the prosecutor retorted with solid evidence. Liu Minggui pleaded guilty in court. He sincerely repented and asked the court to give a lighter sentence. In June 19, 2017, Liu Mingguis bribery case was prosecuted by the first branch of the Hainan provincial procuratorate to the first intermediate court of Hainan. On the morning of August 14th of the same year, the first intermediate court of Hainan opened a trial, and the courts criminal trial court had no seats, and hundreds of people from the Hainan Development Holding Co., Ltd. and the provincial audit office, and Liu Mingguis friends and friends listened to the trial. In the court hearing, Liu Minggui acknowledged the specific criminal facts alleged by the procuratorial organ, but defended the nature of some of the money involved. He argued that some people gave him some money before and after the Spring Festival and the Mid Autumn Festival, but this was just the relationship between friends; some of the projects he was responsible for, even if the other side did not send money, would do the job like that, not for the benefit of the other. In this regard, the prosecutor rebutted: the purpose of establishing the crime of bribery is to ensure the integrity and unacceptable nature of the state staff. As a company leader, Liu Minggui takes power and bribes in major projects such as engineering construction. It is right to do things for the people, but collecting money is a kind of power and money transaction. The normal human relations will send hundreds of thousands of yuan, millions of dollars? The money is the owner of the construction and development, they give public service to the service is taken care of, this is not bribe and what? In the trial, Liu Minggui also defended that the 500 thousand yuan he received from Wei Maowen had been transferred to Wei Muven in 2008, and should not be counted as the amount of bribes taken by Li Tiezhong. The prosecutor believes that the facts of the crime have the testimony of the defendant, the testimony of the bribe person, and the bribe parties agree on the content of the time, place, amount and cause of the bribe. The relevant documentary evidence confirms that the bribe Wei Maowen seeks the interests of the people to seek the interests objectively. His money delivery is Liu Mingguis authority so that the project will get Liu Mingguis attention and help it to gain the benefit. It is a kind of power and money transaction and should be identified by the nature of bribery. In view of the question that the defendant Liu Mingguis defender returned 500 thousand yuan to the bribe before the case was issued and could be identified as receiving the trustee and property in a timely manner, the public prosecutor believes that the ninth first paragraph of the Supreme Peoples court and the Supreme Peoples Procuratorate views on the application of law in criminal cases of bribery The state staff to accept the money and property in time to return or to pay in time, not bribe situation, can not simply consider the question of time, more important is the state staff to accept the property when accepting bribes intentionally. After the review, Liu Mingguis refund act was the act of receiving a bribe from another person, without any rejection of the money in 2007, without any refundable words and deeds before the refund, and no hindrance to the return of the money. Objectively, the act of accepting property has constituted a completed acceptance of bribes. The reasons for the refund are not active. From the time of their refund, although the time of the testimony is different, it does not affect the judgment of the refund of the refunds, which does not affect the identification of the crime of accepting bribes. In the face of the comprehensive and conclusive evidence of the procuratorial organ, Liu Minggui confessed to his own crime. In the court, he pleaded guilty to the law, sincerely repented, and asked the court to give a light sentence. According to the defendant, Liu Minggui proposed that he had taken the initiative to explain some of the fact that the organization had not mastered the criminal facts, and asked the court to give a light sentence to the request. The court held that, before the defendant Liu Minggui came to the case, the facts of his acceptance of the property of Li Tiezhong and others had been mastered by the authorities of the case. After Liu Minggui came to the case, he only took the initiative to confess the fact that he had not grasped the facts of his money and property when the office of the case handling was not mastered, and the confession of Liu Mingguis proactive confession of the facts of his own crime could be punished according to law. In response to the defendant Liu Mingguis defender, Liu Minggui pleaded guilty and actively returned to the stolen goods, and asked for a light sentence to be made by Liu Minggui. According to the fact that the court had identified the facts, the defendant Liu Minggui received a pair of bribes of 10 million 857 thousand yuan, HK $1 million 300 thousand, $15 thousand and $7000 in the wooden chair of the pears. RMB 12 million 213 thousand and 759 yuan, Liu Minggui has returned the illicit money 7 million 410 thousand yuan. Accordingly, the Court adopted a defence of Liu Mingguis lighter punishment. The court heard that the defendant, Liu Minggui, used the convenience of his duty, received 10 million 857 thousand yuan, HK $1 million 300 thousand, and $15 thousand, and converted into RMB, deducting 7 million 410 thousand yuan from the stolen money, and not withdrawing from the $4 million 296 thousand and 759. It should be recovered in accordance with the law. Wei Maowen, the briber, bribed the defendant Liu Minggui for 500 thousand yuan. Since the defendant Liu Minggui had returned Wei Maowen, the money should be recovered to Wei Maowen. Cai Yijia bribe Cai Yijia to the defendant Liu Minggui bribe 7000 yuan of the pear wood chair a pair, the defendant Liu Minggui has returned to the bribe Cai Yijia, Cai Yijia will sell the chair of the pear tree, 15 thousand yuan, more than 7000 yuan belongs to the fruits, should be recovered together with the stolen money itself 7000 yuan. Prosecutors case Most of the corruption cases occur in key areas and key positions in the construction of engineering projects, land, housing and other areas. These places are too centralized and become the most vulnerable areas of corruption. In investigating corruption cases of state-owned enterprises, bribery is the highest frequency of crimes committed by state-owned enterprises. The crime of bribery is the incorruptible and unacceptable behavior of job-related acts. The huge number of bribery crimes has seriously poisoned the social atmosphere. We found that most of the people involved were lucky enough to take bribes. Some think that they help the bribe people to gain the benefit, the briber is out of thanks and take the initiative to bribe; some think that good friends, good buddies to send money in the year is human relations, get up the peace of mind. As far as state-owned enterprise executives are concerned, most of them often deal with the big boss of engineering and real estate development. Because the people involved in the case hold the real right, there is a space for rent-seeking power. In order to gain greater interests, these big bosses often do all the best to eat, drink, entertain, and take bribes from the occasion of the holiday. We must clearly realize that the power in the hands of the state public officials is not the capital for personal gain. Power is a double-edged sword, and it can also put people in the dead while gaining interest. The source of this article: Justice net editor: Zhu Xiaodong _NBJS6126 We found that most of the people involved were lucky enough to take bribes. Some think that they help the bribe people to gain the benefit, the briber is out of thanks and take the initiative to bribe; some think that good friends, good buddies to send money in the year is human relations, get up the peace of mind. As far as state-owned enterprise executives are concerned, most of them often deal with the big boss of engineering and real estate development. Because the people involved in the case hold the real right, there is a space for rent-seeking power. In order to gain greater interests, these big bosses often do all the best to eat, drink, entertain, and take bribes from the occasion of the holiday. We must clearly realize that the power in the hands of the state public officials is not the capital for personal gain. Power is a double-edged sword, and it can also put people in the dead while gaining interest.