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Case interpretation
Xia Yan (deputy county level), former executive vice president of the Party School of Langxi County Party Committee, upheld the original judgment in the second instance of the case of bribery, corruption and abuse of power
Time: March 28, 2019 Author: News source: [Font size: large | in | Small
  

    201 nine year three month twenty-five day , by Anhui Province Xuancheng Handled by the Municipal People's Procuratorate Of Xia Yan, former Executive Vice President of the Party School of Langxi County Party Committee (Sub county level) Bribery, corruption and abuse of power court second instance give a ruling Reject the appeal and uphold the original judgment.

   Xuanzhou District People's Procuratorate first instance charge From April 2004 to July 2017, Xia Yanyong served as the Director of Langxi County Forestry Bureau, the Secretary of the Party Committee and the Head of Lingda Township, and the Director of the County Investment Promotion Bureau, county The deputy director, director and other positions of the Economic Development Zone Management Committee are convenient. They accept others' requests in terms of project funds settlement, enterprise operation, dispute coordination, etc., seek benefits for others, and extort or illegally receive others' property of 3.39 million yuan and 60000 yuan; In the second half of 2014, Xia Yan Taking advantage of their positions, colluding with people close to them to defraud public property 274 640000 yuan, a huge amount; From May to June 2014, Xia Yan The subsidiary company of the Management Committee of Langxi Economic Development Zone was illegally arranged to borrow 5 million yuan to a manufacturing company in Langxi. At the beginning of 2015, the manufacturing company stopped production and the person in charge of the enterprise absconded, resulting in the failure of the subsidiary company of the Management Committee of the Development Zone to realize the creditor's rights of 5 million yuan.

   Under the strong accusation of the procuratorial organ, Xuanzhou District People's Court in 2018 twelve month eleven The verdict of the first instance was issued on January 1, which supported Xuanzhou All claims of the district people's procuratorate, first instance The court held that Xia Yan, as a state functionary, accepted the property of the object related to his performance of duties, which was particularly huge and constituted a crime of bribery; Colluding with people close to them, taking advantage of the position of state functionaries, illegally occupying public property by means of encroachment and deception, which amounts to a huge amount and constitutes a crime of corruption; Dealing with public affairs through favoritism in violation of regulations has caused 5 million yuan of national property losses, and the circumstances are especially serious, constituting the crime of abuse of power. Xia Yan should be severely punished if he asks for bribes in the bribery crime; If it is verified that the accusation and exposure of another person's crime are true, they have rendered meritorious service and may be given a lighter punishment; Withdrawal of part of the illegal gains may be given a lighter punishment as appropriate To sum up, Xia Yan is sentenced according to law It was decided to carry out 18 years of fixed-term imprisonment and a fine of 900000 yuan.

   Xia Yan refused to obey the first instance verdict and lodged an appeal.

   The Xuancheng Intermediate People's Court heard the case in public on March 21, 2019, and the Xuancheng People's Procuratorate appointed procurators to perform their duties in court. The court held that Xia Yan criminal Bribery, corruption and abuse of power crime The facts are clear, the evidence is indeed sufficient, the conviction is accurate, the sentence is appropriate, and the trial procedure is legal. The above ruling was adopted by the procuratorial organ of second instance.