warning! Lawyers who taught officials how to accept bribes "without leaving a trace" were convicted of teaching criminal methods

Article Source: Criminal Memorandum Transferred from: Supreme Adjudication Practice

The copyright of this article belongs to the author, if there is any labeling error or other objections, please contact us by private message

Summary of the case

Zhao Mou, then director of the Management Office of Wunufeng National Forest Park in Ji'an City and secretary of the party branch (which has been handled in a separate case), signed ecological toilet contracts worth 185,000 yuan and 240,000 yuan with Xie Mou, representatives of Zhejiang Senhe Environmental Protection Technology Co., Ltd. and Jiaxing Sen Green Environmental Protection Technology Co., Ltd., respectively, in April 2016 and September 2018, and before signing the contract, Xie promised to pay Zhao a benefit fee of 60,000 yuan and 40,000 yuan twice, a total of 100,000 yuan.

In order to evade investigation, how to safely and without leaving a trace of bribery of 100,000 yuan, on November 1, 2018, Zhao used his own mobile phone and his wife Xu's mobile phone to call defendant Zhao Xifu to inquire in detail about the method, according to the method taught by Zhao Xifu, on November 11, 2018, Zhao let his brother-in-law Wang take a train from Dunhua City to Changchun City, Zhao took a taxi to Changchun Railway Station to connect with Wang, and delivered the newly purchased mobile phone, mobile phone card and four boxes of ginseng prepared in advance to Wang. Wang went to Changchun Longjia Airport to meet xie and collect a benefit fee of 100,000 yuan, and Wang received the benefit fee and delivered the money to Zhao.

Huinan County People's Court of Jilin Province

Criminal verdict

(2021) Yoshi 0523 sentence first No. 54

The people's procuratorate of Huinan County, Jilin Province, the prosecuting organ.

Defendant Zhao Xifu, male, born on March 4, 1950, Han ethnicity, native of Ji'an City, Jilin Province, bachelor's degree, lawyer, retired from the Dongchang District Bureau of Justice, member of the Communist Party of China, living in Dongchang District, Tonghua City, Jilin Province. He was criminally detained by the Huinan County Public Security Bureau on December 29, 2020, and arrested by the Huinan County Public Security Bureau on January 12, 2021, and is now detained in the Tonghua City Detention Center.

Defender Yin Man is a lawyer at Jilin Huifa Law Firm.

Defender Zhou Xicai, a lawyer at Jilin Tongxing Law Firm.

On April 9, 2021, the People's Procuratorate of Huinan County, Jilin Province, filed a public indictment with this court on charges of imparting criminal methods to defendant Zhao Xifu in the Huinan County People's Procuratorate's Criminal Complaint [2021] No. 63. After accepting the case, this court applied the summary procedure in accordance with law, and conducted a trial in a public hearing. The public prosecution organ appointed procurator Sun Guangqian to appear in court to support the public prosecution, and the defendants Zhao Xifu and his defenders Yin Man and Zhou Xicai attended the court to participate in the litigation, and the case has now been concluded.

The public prosecution alleged that Zhao Mou, then director of the Management Office of Wunufeng National Forest Park in Ji'an City and secretary of the party branch (which has been handled in a separate case), signed ecological toilet contracts worth 185,000 yuan and 240,000 yuan with Xie Mou, representatives of Zhejiang Senhe Environmental Protection Technology Co., Ltd. and Jiaxing Sen Green Environmental Protection Technology Co., Ltd., in April 2016 and September 2018, respectively, and before signing the contract, Xie promised to pay Zhao a benefit fee of 60,000 yuan and 40,000 yuan twice, a total of 100,000 yuan. In order to evade investigation, how to safely and without leaving a trace of bribery of 100,000 yuan, on November 1, 2018, Zhao used his own mobile phone and his wife Xu's mobile phone to call defendant Zhao Xifu to inquire in detail about the method, according to the method taught by Zhao Xifu, on November 11, 2018, Zhao let his brother-in-law Wang take a train from Dunhua City to Changchun City, Zhao took a taxi to Changchun Railway Station to connect with Wang, and delivered the newly purchased mobile phone, mobile phone card and four boxes of ginseng prepared in advance to Wang. Wang went to Changchun Longjia Airport to meet xie and collect a benefit fee of 100,000 yuan, and Wang received the benefit fee and delivered the money to Zhao. The defendant had no objection to the facts and evidence of the alleged crime and voluntarily pleaded guilty and accepted punishment.

The public prosecution organ held that defendant Zhao Xifu taught Zhao the method of crime, causing Zhao to commit the crime of accepting bribes, and his conduct violated the provisions of article 295 of the Criminal Law of the People's Republic of China, the facts of the crime were clear, the evidence was credible and sufficient, and he should be investigated for criminal responsibility for the crime of teaching criminal methods. Defendant Zhao Xifu who admits guilt and accepts punishment may be given a lenient disposition in accordance with article 15 of the Criminal Procedure Law of the People's Republic of China.

Defendant Zhao Xifu had no objection to the facts and charges charged by the public prosecution organs, and pleaded guilty and repented in court.

Defender Yin Man argued that 1. The defendant admitted guilt and accepted punishment and should be given a lighter punishment; 2. The detention period has been four months, the purpose of education has been achieved, and it is hoped that the sentence will be mitigated.

Defender Zhou Xicai argued that he fully agreed with the defendant's decision to admit guilt and accept punishment. I issued the following defense opinions: 1. The defendant was a middle-level cadre, served as a party official for decades, and was commended many times, this crime is purely accidental, and I hope to be lenient; 2. The defendant is old and frail, suffers from a variety of diseases, and hopes to give a lighter punishment in light of the actual situation of the case.

The facts ascertained by this court are consistent with the allegations made by the public prosecution organs.

The above facts were confirmed by evidence such as the defendant Zhao Xifu's no objection during the trial, and was confirmed by evidence such as the citizen's household registration information certificate, the proof of no criminal record, the arrest process, the testimony of witnesses Zhao X, Xie X, and others, the product sale contract and accounting vouchers, the electronic evidence inspection work records, the diagnosis and case, and the defendant Zhao Xifu's confession and defense, which are sufficient to determine.

This court held that the defendant Zhao Xifu had taught others the method of crime, and his conduct had constituted the crime of imparting the method of crime, and the charges charged by the public prosecution organs were established. Defendant Zhao Xifu's truthful confession of the facts of the crime after arriving at the case is a confession and may be given a lenient punishment; defendant Zhao Xifu's voluntary admission of guilt and acceptance of punishment may be given a lenient disposition. In summary, this court comprehensively considers the defendant's criminal circumstances, harmful consequences, and expression of remorse, and renders the following judgment in accordance with the provisions of articles 295, 67, paragraph 3, 72, and 73 of the Criminal Law of the People's Republic of China and article 15 of the Criminal Procedure Law of the People's Republic of China:

Defendant Zhao Xifu was convicted of imparting criminal methods and sentenced to one year's imprisonment with a two-year suspended sentence.

(The probation period for probation is calculated from the date the judgment is determined.) ）

If you are not satisfied with this judgment, you may file an appeal through this court or directly to the Intermediate People's Court of Tonghua City, Jilin Province within 10 days from the second day of receipt of the judgment, and if you appeal in writing, you shall submit an original copy of the appeal and two copies.

Chief Judge Zhao Qingbo

People's Assessor Xin Linrong

People's Assessor Yan Dexin

April 16, 2021

Clerk Wang Xiaoran