People's Procuratorate of Huoshan County, Anhui Province

　　 Criminal protest

　　 Huo Jian Xing Kang [ two thousand and thirteen 〕 two number

　　 The People's Court of Huoshan County（ two thousand and thirteen ）Huo Xingchu Zi Di 00116 In the Criminal Judgment No. 1, the defendant Pan Yong was sentenced to four years' imprisonment for bribery and abuse of power; Whoever commits the crime of abuse of power shall be sentenced to 10 months of fixed-term imprisonment, and a decision shall be made to execute four years of fixed-term imprisonment. 2、 The illegal gains of the defendant Pan Yong shall be confiscated and turned over to the State Treasury by the CPC Lu'an Yu'an District Discipline Inspection Committee. After reviewing according to law, the Court believed that the judgment was wrong in the application of law, the sentencing was obviously improper, and there was a mistake, so it should be sentenced to more than 10 years of fixed-term imprisonment according to law. The reasons are as follows.

　　 1、 Applicable law error

　　 According to Paragraph 7 of Article 1 of the Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Determination of Sentencing Circumstances such as Voluntary Surrender and Meritorious Service in the Handling of Duty Crime Cases, criminals with circumstances of voluntary surrender should, according to the facts, nature, circumstances of the crime and the degree of harm to society, and in combination with the motivation, stage and objective environment of voluntary surrender, Explain the integrity, stability, repentance and other specific circumstances of the criminal facts, and decide according to law whether to give a lighter, mitigated or exempted punishment and the extent of the lighter or mitigated punishment. From the perspective of this case, the defendant Pan Yong should be given a lighter punishment rather than a mitigated punishment.

　　 one The defendant Pan Yong made use of his position to openly trade power and money in the process of house requisition and relocation, ignoring the national interests, and the heavy losses caused to the country by abuse of power were not recovered, which caused great social harm.

　　 two The defendant Pan Yong took advantage of his position to ask for money from the relocated households, and bargained with the relocated households on bribes, which was deeply subjective. In accordance with Article 386 of the Criminal Law of the People's Republic of China, the circumstances of demanding bribes shall be severely punished.

　　 three The defendant Pan Yong did not voluntarily surrender after the crime.

　　 2、 Evidently improper sentencing

　　 According to Article 383 (1) and Article 62 of the Criminal Law of the People's Republic of China, the defendant Pan Yong, who committed the crime of accepting bribes, shall be sentenced to criminal punishment within the range of fixed-term imprisonment of not less than 10 years. Only the defendant Pan Yong was sentenced to four years' imprisonment, which was obviously improper.

　　 To sum up, the first instance judgment clearly identified the facts and accurately determined the nature, but the application of the law was wrong, and the sentencing was obviously improper, which was indeed wrong. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 217 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

　　 Sincerely

　　 Intermediate People's Court of Lu'an City, Anhui Province

　　 (No text on this page)

　　 People's Procuratorate of Huoshan County, Anhui Province

　　 two thousand and thirteen year twelve month twenty-six day

　　 Attachment: The defendant Pan Yong is now in custody in Huoshan County Detention Center.