On June 30th, Guangde City People's Court publicly pronounced the case of defendant Gao Jian accepting bribes and abusing his power by state-owned company personnel in the first instance, and sentenced the defendant Gao Jian to eight years and six months' imprisonment for accepting bribes and fined RMB 1 million. Sentenced to one year and six months in prison for the crime of abuse of power by state-owned company personnel; Decided to execute nine years' imprisonment and impose a fine of one million yuan; The illegal income of RMB 4.345 million was recovered and turned over to the state treasury.
Guangde County People's Court held a public hearing on Gao Jian's case on May, 2022 10. During the trial, the court informed the defendants and defenders of their rights and obligations in accordance with the law, which fully guaranteed their litigation rights. The procuratorate produced relevant evidence, and the defendant Gao Jian and his defender conducted cross-examination. Both the prosecution and the defense fully expressed their arguments under the auspices of the court. Gao Jian made a final statement and pleaded guilty in court.
It was found through trial that from 2008 to 20 18, the defendant Gao Jian took advantage of his position as the deputy magistrate of Jingxian County People's Government and the chairman of Xuancheng Cultural Tourism Group Co., Ltd. to provide care and help for others in undertaking projects, enterprise settlement, land planning, etc., and demanded or illegally accepted the property of Jiang et al. 10, totaling RMB 5.537 million.
2065438+At the beginning of April 2008, Gao Jian, the defendant, decided to invest in Jin Meiling Scenic Spot without investigation and approval from SASAC, knowing that the management right of Jin Meiling Scenic Spot was about to be taken back, resulting in the direct economic loss of Lv Wen Group 139438+0 100000 yuan.
Guangde City People's Court held that the defendant Gao Jian, as a national staff member, took advantage of his position to seek benefits for others and demanded or illegally accepted the property of others, which was extremely huge. As a staff member of a state-owned company, he abused his power, causing great losses to the national interests, and his behavior constituted the crime of accepting bribes and the crime of abuse of power by state-owned company personnel respectively. In view of the circumstances of asking for bribes, the part of asking for bribes should be given a heavier punishment; When accepting some bribes, it is an attempted crime for reasons other than will, and RMB 1 192000 yuan can be given a lighter or mitigated punishment according to the completion of the crime; During the investigation, truthfully confessing the facts of accepting bribes that the investigation organ has not yet mastered has the plot of surrender, and the crime of accepting bribes can be given a lighter or mitigated punishment; Can truthfully confess the crime of abuse of power by state-owned company personnel, and can be given a lighter punishment. The court then made the above judgment according to law.
Legal basis:
Article 397 of the Criminal Code of People's Republic of China (PRC).
Crime of Abuse of Power Crime of Dereliction of Duty State functionaries who abuse their powers or neglect their duties, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail.
Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.