It is a felony to use one's position to extort bribes and impose death penalty

Use position to claim accept bribes Sentencing the death penalty is a felony

    [Introduction to the case]

The defendant, Deng Mou, male, 40 years old, was the director of a certain section of the National Planning Commission before arrest.

The bribery case of the defendant Deng Mou shall be filed for investigation by the Beijing Municipal People's Procuratorate. After the investigation is completed, it shall be transferred to the branch office of the Beijing Municipal People's Procuratorate for examination and prosecution. On July 18, 1998, the Beijing Municipal People's Procuratorate Branch initiated a public prosecution to the Beijing First Intermediate People's Court. The indictment finds the facts of the case as follows:

From February to March 1995, the defendant Deng Mou was responsible for formulating additional plans to each tobacco factory when he served as the deputy director of a certain section of the National Planning Commission. Deng took advantage of his position and claimed 1 million yuan from a Yunnan (Group) Co., Ltd. in the name of sponsorship fees.

    [Case analysis]

    The crime of accepting bribes refers to the act of state functionaries taking advantage of their positions to extort money or property from others, or illegally accepting money or property from others to seek benefits for others.

    [Case result]

　   On November 6, 1998, the Beijing First Intermediate People's Court held that the fact that the branch of the Beijing People's Procuratorate accused the defendant Deng Mou of accepting bribes was clear, and the evidence was reliable and sufficient to be identified. In accordance with the provisions of Paragraph 1 of Article 12, Paragraph 1 of Article 385, Article 386, Paragraph 1 (1) of Article 383, Paragraph 1 of Article 48, Paragraph 1 of Article 57, Paragraph 1 of Article 59, and Article 614 of the Criminal Law of the People's Republic of China, it is decided that:

1、 The defendant, Deng Mou, was sentenced to death for accepting bribes with a two-year suspension of execution, deprived of political rights for life and confiscated all his personal property.

2、 The stolen money of 1 million yuan seized on the case will be confiscated and turned over to the state treasury.

After the sentence was pronounced, the defendant, Deng, refused to accept it and appealed.

On February 1, 1999, the Beijing Higher People's Court held that the defendant Deng claimed from a (group) limited liability company in Yunnan Province by taking advantage of his position “ Sponsorship fee ” RMB 1 million. On May 16, 1997, when the discipline inspection department investigated the situation of the 1 million yuan from Deng, Deng concealed the truth and returned the stolen money to a Yunnan (Group) Co., Ltd. through others on May 20, 1997. The defendant Deng Mou's behavior has constituted the crime of accepting bribes. And the amount is particularly huge, the circumstances are particularly serious, should have been sentenced to death according to law, in view of Deng Mou before the prosecution was able to withdraw the stolen money, show repentance, so his death sentence, can not be executed immediately. Defendant Deng Mou's appeal and confession during the second instance “ One million yuan is borrowed for Zhu, not for bribes ” 。 It was found that Mr. Zhu never mentioned the loan to Mr. Deng, but Mr. Deng borrowed the account from Mr. Zhu. When the money was remitted to the account of Shanghai Shengda Industrial Company, Mr. Zhu soon entrusted the money to other enterprises for deposit; And the fund is entrusted by a (group) limited liability company in Yunnan to the township enterprise management committee of Dayingjie Town “ Small vault ” During the two years after the account number was remitted out, neither Deng nor his so-called user has gone through any borrowing procedures with a Yunnan (Group) Co., Ltd., nor has there been any evidence of borrowing funds, so the defendant Deng's appeal grounds cannot be established. On the defense's proposal “ If Deng is found guilty, his act is also a suspension of crime ” After investigation, Deng did not want to voluntarily return the 1 million yuan he demanded from a Yunnan (Group) Co., Ltd. for more than two years, but when the discipline inspection department had to return the money in order to cover up his criminal behavior of asking for bribes during the investigation, Deng could be deemed to have shown repentance, but it did not constitute a suspension of the crime, so the defender's opinion was not accepted. The judgment of the original court that the conviction and application of the law are correct, the sentencing is appropriate, and the trial procedure is legal should be maintained. On February 1, 1999, the Beijing Higher People's Court ruled to reject the appeal and uphold the original judgment in accordance with the provisions of Paragraph 1 of Article 12 of the Criminal Law of the People's Republic of China and Paragraph 1 of Article 189 of the Criminal Procedure Law of the People's Republic of China.

    [Relevant regulations]

Article 12 of the Criminal Law of the People's Republic of China If an act committed after the founding of the People's Republic of China and before the implementation of this Law is not considered a crime under the laws at that time, the laws at that time shall apply; If the law at the time considered a crime and should be prosecuted in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with the law at the time, but if this Law does not consider a crime or imposes a lighter punishment, this Law shall apply.

Article 383 Whoever commits the crime of embezzlement shall, according to the seriousness of the circumstances, be punished in accordance with the following provisions:

（1） An individual who embezzles more than 100000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also be sentenced to confiscation of property; If the circumstances are especially serious, he shall be sentenced to death and confiscation of property.

（2） An individual who embezzles not less than 50000 yuan but not more than 100000 yuan shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property.

（3） An individual who embezzles not less than 5000 yuan but not more than 50000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than 10 years. If an individual embezzles more than 5000 yuan but less than 10000 yuan and shows repentance after committing a crime and actively returns the stolen goods, he may be given a mitigated punishment or be exempted from criminal punishment, and the unit to which he belongs or the competent authority at a higher level shall give him administrative sanctions.

（4） An individual who embezzles less than 5000 yuan, if the circumstances are relatively serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, the unit to which he belongs or the competent authority at a higher level shall, at its discretion, impose administrative sanctions.

Those who repeatedly embezzle without being dealt with shall be punished according to the accumulated amount of embezzlement.

Article 385 Any State functionary who, taking advantage of his position, extorts money or property from another person or illegally accepts money or property from another person in order to seek benefits for another person shall be guilty of accepting bribes.

Any State functionary who, in economic intercourse, violates State regulations by accepting rebates and service charges of various descriptions and taking them into his own possession shall be regarded as taking bribes and punished.

Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law on the basis of the amount and circumstances of the bribes he has received. A heavier punishment shall be given for demanding bribes.

Article 48 The death penalty shall only be applied to criminals who have committed extremely serious crimes. If it is not necessary to execute the sentence immediately, a criminal who should be sentenced to death may be sentenced to death with a two-year suspension of execution.

The death penalty shall be submitted to the Supreme People's Court for approval, except that it shall be decided by the Supreme People's Court according to law. A death sentence with a suspension of execution may be sentenced or approved by a higher people's court.

Article 57 A criminal sentenced to death or life imprisonment shall be deprived of his political rights for life.

When the death penalty with a suspension of execution is commuted to fixed-term imprisonment or life imprisonment is commuted to fixed-term imprisonment, the term of additional deprivation of political rights shall be changed to not less than three years but not more than 10 years.

Article 59 Confiscation of property is the confiscation of part or all of the property owned by a criminal. If all the property is confiscated, the necessary living expenses shall be reserved for the individual criminal and the family members he supports.

When a sentence of confiscation of property is imposed, the property owned or due to the criminal's family members may not be confiscated.

Article 64 All property illegally obtained by a criminal shall be recovered or ordered to return or compensate; The lawful property of the victim shall be returned in a timely manner; Contraband and personal property used for the crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by oneself. Dong Bumin/Xue Lian