Li Tie will be sentenced to a sentence of several years or more than 15 years for five crimes, but it is unlikely that he will be sentenced to life

On February 24, Beijing time, CCTV News refuted the rumor that "Li Tie was sentenced to life imprisonment" and confirmed that Li Tie's case has not yet been tried. So, Li Tie is suspected of five crimes, namely, accepting bribes, offering bribes, offering bribes to units, accepting bribes from non-state functionaries, and offering bribes to non-state functionaries, and is he likely to be sentenced to several years? Will he be sentenced to life imprisonment?

Crime of restitution

Article 385 of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law") stipulates that the crime of accepting bribes refers to the crime of accepting bribes when a state functionary takes advantage of his position to solicit property from others, or illegally accepts property from others to seek benefits for others.

Article 386 stipulates that those who commit the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of the bribery gains. Solicitation of bribes shall be punished severely. Article 383 With regard to the punishment of the crime of corruption, those who commit the crime of corruption 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.

The subject of the crime of accepting bribes is a state functionary, and although Li Tie was not a civil servant during his tenure as the coach of the national football team, he was a person entrusted with public affairs, so he was a state functionary.

According to the CCTV anti-corruption documentary, Li Tie flew to Wuhan to negotiate a deal with Zall Club the day after becoming the coach of the national football team, and finally signed the so-called "contract" with a total amount of 60 million yuan, using this as a cover to cover up the essence of the power and money transaction: soon he selected four players from Zall into the national team squad.

The amount of 60 million is a "particularly huge amount", at least it must be more than 10 years in prison, according to judicial practice, it may be 12 or even 15 years in prison, and theoretically it is possible to be sentenced to life imprisonment, but the probability is not high.

Bribery

Whoever, in order to obtain improper benefits, offers bribes to state functionaries in the amount of 30,000 yuan or more, shall be pursued for criminal responsibility for the crime of offering bribes in accordance with the provisions of article 390 of the Criminal Law. Article 389 of the Criminal Law stipulates that the crime of offering bribes refers to the crime of offering bribes to a state functionary in order to obtain improper benefits. In the course of economic exchanges, those who violate state regulations by giving property to state functionaries in relatively large amounts, or who violate state regulations by giving state functionaries kickbacks or fees in various names, shall be punished as bribery.

Article 390 of the Criminal Law stipulates that anyone who 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; where the circumstances are especially serious, or cause especially heavy harm to national interests, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

In any of the following circumstances, the crime of offering bribes shall be found to be "especially serious circumstances" as provided for in the first paragraph of Criminal Law article 390:

(1) The amount of bribes offered is 5 million RMB or more;

(2) The amount of bribes offered is between 2,500,000 and 5,000,000 RMB, and there are any of the circumstances provided for in items (1) through (5) of paragraph 2 of article 7 of this interpretation;

(3) Other especially serious circumstances.

The crime of offering bribes refers to the offering of bribes to state functionaries. In the CCTV anti-corruption documentary, it was not revealed whether Li Tie personally (excluding the club) paid bribes to Chen Xuyuan and Du Zhaocai, and the amount of bribes was amount, so it is impossible to judge at present.

The crime of offering bribes by a unit

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.

Wuhan Zall Club paid a bribe of 2 million yuan to Chen Xuyuan to help Li Tie become the coach of the national football team, and Li Tie, as a matchmaker and direct beneficiary, may be sentenced to up to five years in prison.

Bribery of non-state functionaries

Article 163 of the Criminal Law of the People's Republic of China stipulates that the crime of accepting bribes by non-state functionaries refers to the crime of taking bribes by a functionary 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;

Li Tie was not a state employee before he became the coach of the national football team, so this crime was aimed at his behavior during his tenure as the coach of the club.

Offering bribes to non-state functionaries

Article 164 of the Criminal Law of the People's Republic of China 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 seeking 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 the crime of offering bribes to non-state functionaries is "huge".

CCTV anti-corruption documentary clearly disclosed that Li Tie paid a bribe of 1 million to Liu Yi, the former secretary general of the Football Association, which is not a "huge amount" and may be sentenced to less than three years in prison.

To sum up, Li Tie is suspected of 5 crimes, and under the "combined punishment for several crimes", combined with judicial practice, it is possible to be sentenced to more than 15 years in prison, but the possibility of life imprisonment is not large.