Circular of the State Supervision Commission and the Supreme People's Procuratorate on printing and distributing typical cases of bribery crime
2022-04-20
The supervisory committees and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government, the dispatched offices and agencies of the state supervisory committee, the supervisory committee and people's Procuratorate of Xinjiang production and Construction Corps, the supervisory organs of enterprises under central management and colleges and Universities under central management: In order to thoroughly implement the important decision and deployment of the 19th CPC National Congress on the investigation of bribery and bribery, earnestly implement the opinions on further promoting the investigation of bribery and bribery, seriously investigate and deal with bribery while maintaining the high-pressure situation of punishing bribery, take multiple measures at the same time, improve the accuracy and effectiveness of cracking down on bribery, and promote the realization of addressing both the symptoms and root causes of corruption, the State Supervision Commission The Supreme People's Procuratorate has compiled five typical cases of bribery crimes, which are hereby printed and distributed for reference. Supervisory and procuratorial organs at all levels should further improve their political position, update the concept of law enforcement and justice, form a joint force, attach great importance to the investigation and handling of bribery crimes, highlight the key points of crackdown, strengthen the use of property punishment and the recovery of stolen goods, effectively prevent bribery crimes, and promote greater results in Anti-corruption Governance. State Supervision Commission and Supreme People's Procuratorate March 31, 2022 Shandong Xue Moumou bribery and collusion bidding case [Key words] Bribery, collusion, bidding, combined punishment for several crimes, supervision and inspection, and social governance [gist] To promote the joint investigation of bribery and bribery, supervisory and procuratorial organs should earnestly perform their duties, strengthen cooperation and cooperation, strengthen the investigation and punishment of bribery crimes in key areas such as bidding and tendering, provide service guarantee and optimize the business environment. To accurately apply the law, the crime of colluding in bidding by means of bribery should be punished for several crimes. For the universal and typical problems exposed by the case, the procuratorial organ can put forward procuratorial suggestions according to law, promote special rectification and improve the ability of social governance. [basic case] The defendant Xue Moumou, male, born on December 20, 1974, Han nationality, lives at * * Moumou Road, Shinan District, Qingdao City, Shandong Province. In August 2014, the Finance Bureau of Yishui County, Shandong Province conducted a bidding for the procurement project of information equipment for primary and secondary schools in Yishui County. The defendant Xue Moumou and Liu Moumou (judged), the person in charge of bidding of Sichuan Hongmou Software Co., Ltd., together with Ding Moumou (judged), the former deputy director of the Finance Bureau of Yishui County, colluded in bidding by coordinating and evaluating experts to modify scores and bidding with other bidding companies, Later, Sichuan Hongmou Software Co., Ltd. won the bid for the project, with a bid winning amount of more than 90 million yuan, which seriously damaged the interests of the state and other bidders. At the end of the same year, in order to thank Ding for his help in the bidding of the project, the defendant Xue gave Ding 150000 yuan. (other criminal facts omitted) On May 13 and 18, 2020, the Public Security Bureau and the County Supervision Committee of Yishui County, Shandong Province respectively transferred the case of Xue Moumou and others' collusion in bidding and the case of Xue Moumou's bribery to the people's Procuratorate of Yishui County for examination and prosecution. The people's Procuratorate of Yishui County accepted and examined the case, and filed a public prosecution with the people's Court of Yishui County on June 12. On September 24, the people's Court of Yishui County sentenced Xue to two years' imprisonment and a fine of 200000 yuan for the crime of colluding in bidding; For the crime of offering bribes, he shall be sentenced to fixed-term imprisonment of six months and a fine of 100000 yuan. It is decided to carry out fixed-term imprisonment of two years and three months and a fine of 300000 yuan. On December 24, Linyi intermediate people's court ruled to reject the appeal and upheld the original judgment. [performance of supervision and procuratorial work] （1） Actively promote the investigation of bribery and bribery, severely crack down on bribery crimes in the field of bidding, and maintain a fair and just market order. Fraud and even power and money trading in project bidding will bring major hidden dangers to project quality and safety. When the supervision committee of Yishui County filed an investigation on Xue's suspected bribery crime and solicited the opinions of the people's Procuratorate of Yishui County, the procuratorial organ believed that Xue sought competitive advantage through bribery, and his criminal behavior not only seriously affected the construction quality of the project, but also damaged the fair competition environment in the field of bidding; Although the amount of bribes offered in this case is small, the information construction of the education system involved belongs to a key project in the field of people's livelihood. It is a key bribery that should be severely punished. Since then, Yishui County Supervision Committee and the county people's Procuratorate have fully communicated on the direction of investigation and evidence collection and the standard of evidence. In view of Xue's collusive bidding behavior, Yishui County Supervision Committee transferred the clues of his collusive bidding to the public security organ for simultaneous investigation while filing an investigation on his suspected bribery crime. （2） Clarify the relationship between the application of law, accurately grasp the identification of the number of crimes, and make the punishment as the crime. Collusive bidding is often associated with bribery. Yishui County People's Procuratorate believes that although there is a connection between collusive bidding and bribery implemented by Xue, they are two acts and infringe on two types of legal interests of different nature. According to Article 6 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of bribery, which stipulates that "if the act of briber seeking illegitimate interests constitutes a crime, it shall be punished for several crimes together with the crime of bribery", the crime of bribery committed by Xue Moumou shall be punished for several crimes together with the crime of colluding in bidding. The judicial organ shall adopt the above opinions. （3） Actively perform their duties, strengthen the governance of litigation sources and improve the effect of social governance. In view of the fact that the case revealed that there were many departments involved in the supervision and management of bidding, the unclear positioning of responsibilities, and the problem of "all management and no care" to a certain extent, the people's Procuratorate of Yishui county actively extended the procuratorial function, carefully studied the provisions of the "three determinations" of the Department, clarified the responsibilities and authorities, and reported to the County Finance Bureau, the market supervision bureau The education and Sports Bureau prepares and issues procuratorial suggestions. The above-mentioned units adopted all the procuratorial suggestions and made comprehensive rectification. At the same time, according to the suggestions of the people's Procuratorate of Yishui County, the relevant departments of Yishui county jointly carried out special rectification actions on prominent problems in the field of bidding and tendering, and comprehensively sorted out and investigated the bidding and tendering projects in recent years. As of February 2022, 26 non-standard problems were found and rectified, and 3 criminal suspect collusion bidding cases were investigated and dealt with, which effectively purifies the fair competition environment in the bidding field. [typical significance] （1） Severely crack down on bribery crimes in key areas, provide service guarantee and optimize the business environment. Adhere to the investigation of bribery and bribery at the same time, and severely punish the bribery crimes that occur in the bidding field of major livelihood projects involving education and seriously damage the business environment and market fair competition rules. Supervisory and procuratorial organs should strengthen cooperation, pay attention to the analysis, research and judgment of bribery clues in key areas, strengthen consultation and gather consensus. When cracking down on the crime of bribery, we should not only consider the amount, times and circumstances of bribery, but also fully consider the field and harmful consequences of the case, accurately deal with the briber according to law, and promote the construction of a fair competition market order and a pro Qing political and business environment. （2） Strengthen the research on the legal application of bribery crime and improve the accuracy of the crackdown. Bribery crimes often coexist with other crimes. In the process of supervision, investigation and procuratorial examination, we should strengthen the research on bribery crimes and related crimes, combine the criminal law theory and legal provisions, refer to judicial cases, make full demonstration around the identification of facts, application of law and case handling, clarify the boundaries between crime and non crime, one crime and several crimes, investigate and collect evidence, accurately apply the law, and initiate public prosecution according to law, Ensure the accurate fight against bribery and related crimes. （3） Fully perform the supervision and inspection functions and actively participate in social governance. Supervisory and procuratorial organs should conduct in-depth analysis of the common and typical problems found in handling cases, put forward suggestions on plugging loopholes, improving systems and preventing and controlling risks according to law, urge relevant departments to perform their regulatory responsibilities, improve regulatory mechanisms, carry out special rectification, comprehensively strengthen rectification, and promote the solution of problems in the field of bidding from the source, so as to achieve the good effect of "handling one case and dealing with one piece of problems", Promote the improvement of social governance capacity and serve the overall situation of high-quality economic and social development. [relevant regulations] Article 223, paragraph 1 of article 389 and article 390 of the criminal law of the people's Republic of China Article 45 of the supervision law of the people's Republic of China Articles 6, 8, 12 and 13 of the interpretation on Several Issues concerning the specific application of law in handling criminal cases of bribery Articles 3, 4, 5, 10 and 11 of the provisions on procuratorial suggestions of the people's Procuratorate Bribery case of Zhejiang Precious Metals Co., Ltd. and Li [Key words] Accurate integration of ecological remediation supervision and bribery supervision units [gist] In handling bribery cases, we should implement the spirit of the central government's investigation of bribery and bribery, accurately grasp the differences and connections between unit crimes and natural person crimes, and accurately crack down on crimes. We should give full play to the functions of supervision and inspection, strengthen cooperation and restriction, deepen integration and supervision, promote the process of not daring to corrupt, not corrupting and not wanting to corrupt, fight a "combined fist" against corruption in case handling, recovery of stolen goods and damage, ecological restoration and other aspects, and realize the organic unity of "three effects" in handling bribery cases. [basic case] The defendant, Zhejiang guimou Precious Metals Co., Ltd. (hereinafter referred to as "guimou"), a private enterprise, is located in the industrial park of XX street, Xianju County, Zhejiang Province. Defendant Li Moumou, male, born on September 21, 1972, Han nationality, legal representative of your company. From 2015 to 2018, relevant national staff such as Lin Moumou, then a staff member of Taizhou Environmental Protection Bureau of Zhejiang Province (handled separately), Wang Moumou, a staff member of Xianju Environmental Protection Bureau (adjudicated), accepted the entrustment of your company's legal representative Li Moumou to provide help for your company in handling hazardous waste business license, production and operation, evading environmental protection law enforcement inspection, etc. At the end of 2015, Li gave Lin a gold product worth 37940 yuan, which Lin accepted. In 2018, Mr. Li bought a second-hand Volkswagen Huiteng brand car at the price of RMB 400000 and gave it to Mr. Wang, who accepted it; Your company gave half of the profits from illegal refining of metal rhodium to Wang, who successively received 6.35 million yuan, of which 5.45 million yuan was lent to Li for capital turnover. (facts of environmental pollution crime omitted) On October 30, 2020, the people's Procuratorate of Xianju County, Zhejiang Province filed a public prosecution with the people's Court of Xianju County for the crime of environmental pollution committed by the defendant guimou company and the defendant Li Moumou. On March 26, 2021, the Xianju County Supervision Committee filed an investigation on the suspected bribery crime of Li Moumou, and on September 8, it filed an investigation on the suspected bribery crime of your company. On September 14, the Xianju County Supervision Committee transferred the bribery crime of your company and Li to the procuratorial organ for examination and prosecution, and the procuratorial organ made a supplementary prosecution on October 19. On October 30, the people's Court of Xianju County made a judgment of first instance, and sentenced the defendant unit your company to a fine of 150000 yuan for the crime of environmental pollution, 800000 yuan for the crime of bribery, and 950000 yuan for the combined punishment of several crimes; The defendant Li Moumou committed the crime of environmental pollution and was sentenced to fixed-term imprisonment of one year and two months and punished
Edit：Luo yu Responsible editor：Jia jia
Source：ccdi.gov.cn
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