Announcement on the detailed explanation of the law: How long is Li Tie likely to be sentenced? The punishment for the five crimes will be combined! There is a high probability that there will be no life sentence, and there is also a possibility that the death penalty will be suspended
On March 28, Beijing time, Li Tie, the former coach of the national football team, was suspected of accepting bribes, offering bribes, offering bribes to units, accepting bribes from non-state workers, and offering bribes to non-state workers in the Intermediate Court of Xianning City, Hubei Province.
Previously, Chen Xuyuan, the former chairman of the Chinese Football Association, accepted bribes of 81.03 million yuan and was sentenced to life imprisonment. Yu Hongchen, former chairman of the Chinese Athletics Association and former vice chairman of the Chinese Football Association, accepted bribes of more than 22.54 million yuan and was sentenced to 13 years in prison.
Dong Zheng, the former general manager of the Chinese Super League Co., Ltd., accepted bribes of more than 22 million yuan and was sentenced to 8 years in prison. Chen Yongliang, former executive deputy secretary general of the Chinese Football Association and former director of the national team management department, accepted bribes of more than 19.34 million yuan and was sentenced to 14 years in prison.
[Acceptance]
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 383 provides:
(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 law, if the bribe exceeds 3 million, it is considered a "particularly large amount".
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 was not a civil servant, he was a person entrusted with official business, so he was a state functionary.
According to the announcement, "From 2019 to 2021, the defendant Li Tie took advantage of his position as the head coach of the Chinese National Men's Football Selection Team (hereinafter referred to as the men's national football selection team) and the head coach of the Chinese National Men's Football Team (hereinafter referred to as the men's national football team) or the convenience of his authority and status to provide assistance to relevant units and individuals in matters such as the selection of players for the national team, winning games, and signing clubs, and illegally accepted a total of more than 50.89 million yuan from others. ”
In other words, Li Tie's bribes amounted to more than 50.89 million yuan, which is a particularly huge amount, and according to judicial practice, I am afraid that he will be sentenced to 15 years in prison at the minimum, or even higher.
[Bribery]
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 provides:
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 through bribery 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 those who are especially serious 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 their property confiscated.
The announcement reads: "In 2019, Li Tiewei was elected as the head coach of the men's national football team, asked others to help, and then gave others 1 million yuan in 2020. ”
At least, including "state functionary" Chen Xuyuan, is guilty of offering bribes, and if the amount of bribes offered is between 1 million and 5 million yuan, the circumstances are serious and he will be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and Li Tie may be sentenced to six years in prison.
[Bribery 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.
The announcement shows: "In 2019, during Li Tie's tenure at Wuhan Zall Professional Football Club Co., Ltd. (hereinafter referred to as Zall Club), in order to seek the benefits of being elected as the head coach of the men's national football selection team and improving the influence of Zall Club, he agreed with the person in charge of the club to ask others to help, and the club gave others RMB 2 million. ”
Ask others, at least including "state functionary" Chen Xuyuan, so this is a crime of offering bribes by a unit, and the maximum sentence is less than five years, and Li Tie may be sentenced to 3-4 years.
[Crime of accepting bribes by non-state functionaries]
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; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine.
According to the law, if a non-state functionary accepts bribes of more than 3 million yuan, it is considered a "particularly large amount".
The announcement shows: "From 2017 to 2019, Li Tie took advantage of his position as the general manager and head coach of Zall Club to provide assistance to Hebei Huaxia Happiness Football Club Co., Ltd. (hereinafter referred to as Huaxia Club) in matters such as player transfer and winning games, and successively received a total of 26.75 million yuan from Huaxia Club. ”
Before Li Tie became the coach of the national football team, he was not a state functionary, and he was guilty of accepting bribes from non-state employees, and 26.75 million yuan is a "particularly huge amount", and he is likely to be sentenced to at least 10 years in prison.
[Bribery of non-state functionaries]
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;
If an individual pays a bribe of more than 2 million, it is a "huge amount".
The announcement shows: "From 2015 to 2019, during Li Tie's tenure in Huaxia Club and Zall Club, in order to win the game or obtain favorable results, he agreed with the person in charge of the club to ask other football clubs to cooperate or play negatively in the game, and Huaxia Club and Zall Club gave a total of more than 39.05 million yuan to relevant personnel. The procuratorate requested that Li Tie be investigated for criminal responsibility for the crimes of accepting bribes, offering bribes, offering bribes to units, accepting bribes from non-state functionaries, and offering bribes to non-state functionaries. ”
The 39.05 million yuan reached the standard of a huge amount, and he was sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and Li Tie was likely to be sentenced to 8 years in prison.
[Combined punishment for several crimes]
In short, under the five counts and the combined punishment of several crimes, Li Tie is likely to be sentenced to life imprisonment, and the possibility of a suspended death sentence cannot even be ruled out.