Cheng Sanchang was sentenced.
On January 17, the Intermediate People's Court of Zhengzhou City, Henan Province, publicly pronounced a verdict on the embezzlement case of Cheng Sanchang, former secretary of the Luohe Municipal Party Committee and former chairman of Yugang (Group) Co., Ltd., a member of the "100 Red Notices":
- Defendant Cheng Sanchang was sentenced to 12 years' imprisonment and fined RMB 500,000 for embezzlement
- The proceeds of Cheng Sanchang's embezzlement crimes shall be returned in accordance with law
Who is Cheng Sanchang?
Cheng Sanchang served as party secretary of Luohe City, Henan Province, from 1996 to 1999, and he was the mayor of Wang Youjie when he was secretary of the Luohe Municipal Party Committee. In 1995, after Wang Youjie was promoted, Cheng Sanchang took over the post of secretary of the Luohe Municipal Party Committee.
Say a few more words.
As the only inland special zone, Luohe was ruled by three municipal party secretaries for 16 years, namely Wang Youjie (1991-1995), Cheng Sanchang (1995-1999), and Liu Bingwang (1999-2006), the only inland special zone.
The three "top leaders" who were in charge of Luohe were subsequently dismissed one after another: Wang Youjie was sentenced to a suspended death sentence, Cheng Sanchang fled to New Zealand, and Liu Bingwang was sentenced to 17 years in prison for accepting bribes and having a huge amount of assets of unknown origin.
Say back to Sanchang.
After stepping down as secretary of the Luohe Municipal Party Committee, in December 1999, Cheng Sanchang went to work as chairman of the Henan Provincial Government's "window company" in Hong Kong, Yugang Group Co., Ltd. However, just over a year later, in February 2001, he fled to New Zealand.
Settled in New Zealand with a huge sum of money and mistress
Cheng Sanchang was once considered a cadre who "dared to speak and dare to do", and was known for "bravely breaking into the forbidden area and boldly selling enterprises". However, the subsequent investigation found that the transactions led by Cheng Sanchang had a large number of cats, and the state-owned assets were seriously lost.
According to media reports, during Cheng Sanchang's administration of Luohe City, he personally sold more than 100 state-owned enterprises, accounting for more than 90% of the city's state-owned enterprises, and was named "Cheng Sold Out".
Some media reporters followed up and investigated the three state-owned enterprises of Luohe City Pharmaceutical Factory, the Second Knitting Factory, and the Weishida Leather Shoe Factory, which were sold by Cheng Sanchang's hand, and found that Cheng Sanchang set aside the policy of open bidding and secretly colluded with illegal businessmen, resulting in the loss of state-owned assets and the infringement of the interests of staff and workers.
Cheng Sanchang was hidden deeply.
By the time he was "bold" in advocating reform during his reign in Luohe, he was already preparing for his "future."
In February 2001, he left Hong Kong and settled in New Zealand with a huge sum of money and his mistress, leaving him 61 years old when he fled.
On 8 February 2002, Interpol issued a red notice to him.
According to the disclosure, Cheng Sanchang had earlier used his connections to open offices or branches abroad, and secretly transferred assets, and he had been wandering between china and abroad for a long time, and once the East Window incident occurred, he would not return to China.
According to the "Rule of Law of Fangyuan" report, Cheng Sanchang ran to New Zealand and became a local big money, buying a four-story luxury villa on Rick Street in Oakland City and living a luxurious and comfortable life, while Luohe had to pay for Cheng Sanchang's escape.
At the same time as the loss of state-owned assets, it was difficult to protect the interests of workers and peasants, and after Cheng Sanchang fled, there were large-scale petitions in Luohe.
In 2003, the "Half Moon Talk" once wrote that Cheng Sanchang bought a luxury villa and a car in Auckland, New Zealand, and the relevant departments of Henan Province sent cadres to New Zealand to find him and persuade him to return to China. He said, "It's better not to go back" and "the money is in my personal account, and you can't take it from me."
In addition, after Cheng Sanchang absconded to New Zealand, he also began to "write books and make statements" to disclose the various insiders of how he secretly colluded with illegal and profiteers in the sale of state-owned assets that year, and enriched his own pockets, resulting in the serious loss of state-owned assets.
According to reports, Cheng Sanchang talked about his official and business experience and experience of fleeing abroad, and did not hide his illegal and criminal facts of participating in power and money transactions and buying and selling official positions, which had an extremely bad impact.
First case
This case is the first case of embezzlement of a fugitive defendant in the mainland to apply the criminal default trial procedure.
According to Zhang Jianwei, a professor at Tsinghua University Law School, trial in absentia corresponds to a "trial in the bench", which refers to the court's trial and judgment of the case without the defendant appearing in court.
In principle, criminal proceedings are subject to counter-trials, and only in exceptional circumstances are trials in absentia. This is because criminal trials involve the issue of the criminal responsibility of individuals or units, and the stakes are very high.
In October 2018, the Sixth Session of the Standing Committee of the 13th National People's Congress passed a decision to amend the Criminal Procedure Law, adding a chapter on "Trial in Absentia Procedures" to the special procedures of Part V of the revised Criminal Procedure Law, establishing a criminal trial in absentia system for the first time in mainland criminal law.
The mainland's trial in absentia system is mainly applied to cases of corrupt persons fleeing.
Zhang Jianwei said in an interview with the Rule of Law Daily that the establishment of a trial in absentia system can more effectively crack down on fugitive corrupt officials. For this reason, when applying for or negotiating extradition to the country to which the corrupt officials have fled, some States tend to consider whether they have been legally convicted of the fleeing country. Once the identity of the offender has been established, under the Convention, the Contracting State is generally under an obligation to support the application for extradition.
On December 9, 2021, the Intermediate People's Court of Zhengzhou City, Henan Province, held a public hearing in absentia to hear Cheng Sanchang's embezzlement case. At the time of the trial, Cheng Sanchang was 80 years old.
On January 17, 2022, the Zhengzhou Intermediate People's Court publicly pronounced a verdict in Cheng Sanchang's embezzlement case, sentencing defendant Cheng Sanchang to 12 years' imprisonment and a fine of RMB 500,000 for embezzlement; the proceeds of Cheng Sanchang's embezzlement crime were recovered in accordance with law.
After trial, it was ascertained that from December 7, 2000 to December 15, 2000, defendant Cheng Sanchang took advantage of his position as chairman of Yugang (Group) Co., Ltd. to instruct financial personnel to transfer public funds to their chequing accounts under his name and their personal accounts in New Zealand on three occasions, illegally possessing more than 3,088,800 yuan of public funds equivalent to Hong Kong dollars, New Zealand dollars and US dollars.
The Zhengzhou Intermediate People's Court held that defendant Cheng Sanchang's conduct constituted the crime of embezzlement, and the amount was particularly huge and should be punished according to law.
Cheng Sanchang, who has been hiding abroad for more than 20 years, refuses to accept trial and refuses to return the stolen money shall be given a heavier punishment.
The Court accordingly rendered the above-mentioned default judgment.
Source: Zheng Zhi (Author: Afterglow)