The amount of money is particularly huge! How many years will Li Tie, Du Zhaocai, and Chen Xuyuan be sentenced to? 15 years will start or end indefinitely
On January 9, Beijing time, CCTV broadcast the last episode of the feature film "Continue to Make Efforts to Promote in Depth", revealing the details of the corruption case in the football field, so how many years are Du Zhaocai and Chen Xuyuan likely to be sentenced?
How many years might Chen and Du be sentenced?
As state functionaries, Chen Xuyuan and Du Zhaocai are suspected of accepting bribes. According to the previous official report, Chen Xuyuan "sought benefits for others and illegally accepted other people's property, the amount of which was particularly huge, and he should be investigated for criminal responsibility for the crime of accepting bribes in accordance with the law", and Du Zhaocai "used his position to facilitate the interests of others in business operations and employee recruitment, and illegally accepted huge amounts of property." ”
Article 385 of the Criminal Law stipulates: "A state functionary who takes advantage of his position to solicit property from others, or illegally accepts property from others to seek benefits for others, shall be guilty of accepting bribes." ”
Article 383 stipulates: "Whoever commits the crime of embezzlement shall be punished in accordance with the following provisions according to the severity of the circumstances:
(1) Where the amount embezzled is relatively large or there are other more serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and a concurrent fine.
(2) Where the amount embezzled is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine or confiscation of property is to be given.
(3) Where the amount embezzled is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property shall be given; ”
According to the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Corruption and Bribery:
1. Where the amount of embezzlement or bribery is between 30,000 and 200,000 RMB, it shall be found to be a 'relatively large amount', and a sentence of up to three years imprisonment or short-term detention and a concurrent fine shall be given in accordance with law.
2. Where the amount of embezzlement or bribery is between 200,000 and 3,000,000 RMB, it shall be found to be a 'huge amount', and a sentence of between 3 and 10 years imprisonment and a concurrent fine or confiscation of property shall be given in accordance with law.
3. Where the amount of embezzlement or bribery is 3 million RMB or more, it shall be found to be "an especially huge amount", and a sentence of 10 or more years imprisonment, life imprisonment, or death imprisonment shall be given in accordance with law, and a concurrent fine or confiscation of property.
4. Where the amount of corruption or bribery is especially huge, the circumstances of the crime are especially serious, the social impact is especially heinous, and the interests of the state and the people are especially heavy, the death penalty may be given.
According to the disclosure of CCTV's feature film, Chen Xuyuan and Du Zhaocai both accepted bribes amounting to tens of millions, although the specific amount was not announced, but it was completely in line with the "extremely huge amount", and they were sentenced to more than 10 years in prison, life imprisonment or death in accordance with the law, and fined or confiscated property.
According to judicial practice, generally speaking, more than 10 million, 12 years in prison starts, 3-40 million, 15 years in prison, and the two "debuted" in the last episode of the feature film, which is obviously regarded as the most typical case, at least in line with the "particularly bad social impact", so I am afraid that at least 15 years will be sentenced.
How many years can Li Tie be sentenced?
Li Tie is suspected of a total of five crimes, including accepting bribes, offering bribes, offering bribes by units, accepting bribes from non-state functionaries, and offering bribes to non-state functionaries.
It should be noted that the subject of the crime of accepting bribes is a state functionary, and during his tenure as the coach of the national football team, although Li Tie is not a civil servant, he is a person entrusted with official business, so he is a state functionary. That is, this crime is aimed at Li Tie's criminal behavior as the coach of the national football team.
The crime of accepting bribes has been mentioned above, and as the coach of the national football team, Li Tie and Wuhan Zall exchanged interests and signed a 60 million contract to transport national players, which obviously reached a "particularly huge amount" and may be sentenced to at least 15 years in prison.
Article 389 of the Criminal Law stipulates that a person who gives money or property to a state functionary for the purpose of obtaining improper benefits is guilty of bribery.
Article 390 of the Criminal Law stipulates that whoever commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; whoever seeks improper benefits by offering bribes and the circumstances are serious, or who causes major losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; and whoever commits especially serious circumstances or cause particularly heavy losses to the interests of the State shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated.
"Serious circumstances" refers to bribes between 1 million and 5 million RMB, and "especially serious circumstances" refers to bribes of 5 million RMB or more.
Li Tie directly offered a bribe of 1 million yuan to Liu Yi, then secretary general of the Football Association, which met the "serious circumstances" and was sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Article 393 of the Criminal Law stipulates that the crime of offering bribes by a unit refers to a unit offering bribes for the purpose of obtaining improper benefits, or violating state regulations by giving kickbacks or handling fees to state functionaries, and if the circumstances are serious, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined. Where unlawful gains obtained through bribery are owned by individuals, they are to be convicted and punished in accordance with the provisions of articles 389 and 390 of this Law.
"Serious circumstances" refers to the amount of bribes offered is large, the amount of bribes offered by units is more than 200,000 yuan, or there are other serious circumstances.
Article 163 of the Criminal Law stipulates that the crime of accepting bribes by a non-state functionary refers to a staff member of a company, enterprise or other unit who takes advantage of his position to solicit property from others or illegally accept property from others to seek benefits for others, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
The starting point for "larger amounts" is 60,000 yuan. The starting point for "enormous" is $2 million.
Article 164 of the Criminal Law stipulates that the crime of offering bribes to non-state functionaries refers to giving property to the staff of a company, enterprise or other unit for the purpose of obtaining improper benefits, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined;
The starting point for "larger amounts" is 60,000 yuan. The starting point for "enormous" is $2 million.
Each of the five counts will be sentenced separately and then punished concurrently. According to article 69 of the Criminal Law, where a person commits several crimes, in addition to the death penalty or life imprisonment, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences. Therefore, Li Tie's sentence may reach 20 years, or even be sentenced to life!