Zhang Shuguang's real estate was confiscated Mistress Luo Fei's file photo objection was finally rejected

Zhang Shuguang Profile picture

After Zhang Shuguang, the former director of the Transportation Bureau of the Ministry of Railways, and his mistress Luo Fei were both sentenced, their property was dissented in the process of enforcement - Zhang Shuguang's lover Luo Fei proposed that the court ruled to enforce a property involved in Zhang Shuguang's property, and 1.1 million yuan of the purchase price was paid by his parents, so he applied to the court to stop the execution of the house.

The Beijing News reporter learned yesterday that the Beijing Municipal High Court recently ruled in the final judgment rejecting Luo Fei's application. The court held that the enforcement measures taken against the houses involved in the case based on the effective criminal judgment were in accordance with the law, and Luo Fei's objection was an objection to the basis of enforcement, which should be resolved through trial supervision and other procedures.

Court confiscates property Lofi "stop"

On October 17, 2014, Zhang Shuguang, former director of the Transportation Bureau of the Ministry of Railways and deputy chief engineer, was sentenced to a two-year suspension of execution and confiscated all personal property for accepting bribes.

The Beijing News reporter noted that the "List of Treatment of Seized Funds and Property" attached to Zhang Shuguang's judgment included a property on Lan indigo Factory South Road in Haidian District.

On December 11 last year, the Beijing Municipal Second Intermediate People's Court issued an announcement that the seized houses involved in the case would be assessed and auctioned in accordance with the effective criminal judgment, and ordered the owners and occupiers of the houses to move out of the houses involved in the case before January 11 this year.

Luo Fei, Zhang Shuguang's mistress, who was sentenced for accepting bribes, raised an enforcement objection to the Second Intermediate Court on the grounds that part of the purchase price was paid by her parents, requesting that the enforcement of the property involved in the case be suspended.

The Second Intermediate People's Court held that the enforcement measures taken by the court against the houses involved in the case in accordance with the effective judgment were in accordance with the law, and Luo Fei claimed that most of the money for the purchase of the houses involved in the case belonged to his personal and parents, but the evidence submitted by him was insufficient to prove the claim. And Luo Fei acted as a witness in Zhang Shuguang's bribery case, making it clear that Zhang Shuguang gave him 2.8 million yuan to buy the house involved in the case.

The Second Intermediate People's Court ruled to reject Luo Fei's objection request, and Luo Fei later applied to the Beijing Municipal High Court for reconsideration.

Rofe said his parents invested millions to buy a house

"The original ruling found that the house involved in the case was the property executed in Zhang Shuguang's case was wrong", Luo Fei applied to the High Court for reconsideration, saying that in The Zhang Shuguang case, his and Zhang Shuguang's confessions on the amount of the purchase price could not be corroborated with each other, and the cash was not a specific object, there was no evidence to prove that the cash he used to buy the house was the specific cash given by Zhang Shuguang, the creditor's rights were different from the property rights, and even if the execution was to be carried out, it should be to recover the money rather than confiscate the house.

In addition, in luo fei's own bribery case, the Beijing Municipal Higher People's Court ruled in the final judgment that all the stolen money and stolen property had been recovered, indicating that Luo Fei's other property should be protected, and the court had no reason to enforce his other property. At the same time, the relevant indictment against Luo Fei by the Second Branch of the Beijing Municipal People's Procuratorate did not accuse the property under his name.

Luo Fei said that as an only child, his parents did not hesitate to pour all their savings and invested more than 1.1 million yuan to help their daughter buy the house, and has been living in the house, if the court enforces it, his parents will have no place to live in Beijing. In summary, the High Court is requested to revoke the enforcement ruling of the Second Intermediate Court in accordance with the law and stop the enforcement of the houses on Lan indigoChang South Road in Haidian District, Beijing.

This month, the Beijing Municipal High Court rejected Luo Fei's application for reconsideration, and the final ruling upheld the Enforcement Ruling of the Second Intermediate Court.

Rofe released on bail

■ Follow-up visits

Court: The property involved in the case is stolen property, and the execution is legal

The Beijing Municipal Higher People's Court held that the Criminal Law stipulates that "all property illegally obtained by criminals shall be recovered or ordered to be returned; the lawful property of the victim shall be returned in a timely manner; and the contraband and personal property used in the crime shall be confiscated." Confiscated property and fines shall be handed over to the State Treasury and shall not be misappropriated or disposed of by oneself. ”

The house involved in this case is a specific property of the criminal judgment of the Beijing Second Intermediate People's Court, which has already taken legal effect, and is included in the list of seized funds and property that "shall be confiscated for the proceeds of conversion", and it is clearly stated that the funds and property seized in the case shall be confiscated and handed over to the state treasury, and the part exceeding the proceeds of crime shall be regarded as the personal property of defendant Zhang Shuguang and shall be included in the confiscation of all personal property. Based on the effective criminal judgment, the Beijing Second Intermediate People's Court took enforcement measures against the houses involved in the case in accordance with the law.

According to article 15 of the Several Provisions of the Supreme People's Court on the Partial Enforcement of Property involved in Criminal Judgments, "In the course of enforcement, if an outsider or victim believes that the property involved in the case in the criminal judgment is wrongly determined as stolen money and stolen property or should be determined but should be determined, and submits a written objection to the enforcement court, and may make corrections through a ruling, the enforcement organ shall transfer the objection materials to the criminal trial department for handling; if it is not possible to make corrections through the ruling, it shall inform the objector to handle it through trial supervision procedures." "Luo Fei, an outsider in the case, held in the enforcement procedure that the criminal judgment raised an objection to whether the property involved in the case was an erroneous determination of whether it was stolen money and stolen property, which was essentially an objection to the basis for enforcement itself and should be resolved through procedures such as trial supervision.

The Beijing Municipal Higher People's Court ruled that the Second Intermediate People's Court held that Luo Fei's objection request lacked factual and legal basis, and that rejecting his objection in accordance with the law was not improper and should be upheld.

■ Background

Zhang Shuguang paid a bribe to Luo Fei to buy the house involved in the case

Born in 1981, Luo Fei was originally a singer in the Song and Dance Troupe of the China Railway Literary and Labor Troupe and a soprano singer.

The court found that between 2000 and 2011, Zhang Shuguang took advantage of his position to receive money and property equivalent to more than 47.18 million yuan, either directly or through his mistress Luo Fei.

The court ruled that one of the facts of Zhang Shuguang's bribery was that between 2005 and 2009, Zhang Shuguang took advantage of his position to provide assistance to a group company in becoming a supporting manufacturer of accessories such as auxiliary power supplies for EMUs, and to lower the negotiation conditions of foreign parties, and accepted RMB 8 million from the group company on three occasions on the grounds that academicians of the Chinese Academy of Sciences needed to use money.

Part of the money was given to his brother-in-law by Zhang Shuguang for preservation, part of it was used to buy a house for Luo Fei, and the rest was squandered by Zhang Shuguang and Luo Fei.

Zhang Shuguang agreed with this fact. Luo Fei also said in his testimony that in 2007, Zhang Shuguang gave him 2.8 million yuan to buy the property on South Lan indigo Factory Road. In December 2014, the Second Intermediate People's Court sentenced Luo Fei to five years in prison in the first instance for accepting bribes, and Luo Fei appealed against the verdict, and the Beijing Municipal High Court upheld the first-instance judgment.

At present, Zhang Shuguang and Luo Fei are both serving sentences.

This edition is written by Beijing News reporter Wang Wei