The investigator asked Xiong Zumo to cooperate with the investigation. Xiong Zumo was taken away after the mobile phone and the belt around his waist were confiscated.
16 days later, 20 12 65438+ 101,Xiong Zumo was criminally detained by the Daozhen County Public Security Bureau on suspicion of abusing his power and accepting bribes, and on June 65438+ 10/kloc. On July 17, Zunyi City People's Procuratorate prosecuted him on suspicion of abusing his power and accepting bribes.
In the public hearing on June 6, 20 12 and 10, the prosecution accused Xiong Zumo of illegal operation in attracting investment, which caused the country a loss of 5,863,262 yuan, and listed five bribes amounting to 440,000 yuan for accepting bribes. The evidence of the above-mentioned criminal facts is Xiong Zumo's confession and defense, witness testimony and documentary evidence.
Xiong Zumo retracted his confession in court, saying that his confession was "a false confession made to save his life when his life safety and physical and mental health were seriously threatened and extremely damaged". At the same time, "the transcripts of confessions are completely out of sync with the original audio and video recordings, and the case handlers forged evidence."
Regarding the legality of the investigation organ's evidence collection, the first-instance judgment found that the investigation organ did not extort a confession from Xiong Zumo by torture.
The first-instance judgment of Zunyi Intermediate People's Court (hereinafter referred to as "Zunyi Intermediate People's Court") failed to confirm the prosecution's two allegations. One is that "Xiong Zumo accepted a bribe of 65,438+500,000 yuan from Li Xiaohong in his office in early October of 2009". Xiong Zumo and Li Xiaohong's confessions are highly consistent with the description of this bribery fact, and Xiong Zumo presented his passport in court. From June 1 65438+1October1June 17, 2009, I went abroad on business and trained and studied in Japan.
Another unconfirmed accusation in the verdict is that Xiong Zumo accepted a bribe of 200,000 yuan from his younger brother Xiong Fei. The verdict states: Xiong Fei testified in court, while Xiong Fei denied the authenticity of his testimony in the procuratorate. This court will not confirm this accusation.
201217, Zunyi intermediate people's court made a judgment of first instance, and found that Xiong Zumo abused his power, resulting in a loss of 5,863,262 yuan to the country. He also took advantage of his position to illegally accept bribes of 225,000 yuan, and was finally sentenced to fixed-term imprisonment of 1 1 year.
After the first trial, the Xiong Zumo case quickly became a typical case of anti-corruption in Zunyi City and Daozhen County. This case of punishing corruption has been mentioned many times in the report of the county commission for discipline inspection and the city's cadre conference.
2065438+On May 29th, 2003, the "Xiong Zumo case" appealed to the Higher People's Court of Guizhou Province reached a final ruling. The Guizhou High Court ruled that the first-instance judgment of Zunyi Intermediate People's Court was revoked and sent back to Zunyi Intermediate People's Court for retrial.
On June 6, 20 13, Zunyi held the kick-off meeting of "Warning Education Month" for building a clean and honest party style, and Xiong Zumo's bribery case was reported as a typical case. An article in Zunyi City Discipline Inspection and Supervision Network recorded the situation at that time: Liao, then member of the Standing Committee of Guizhou Provincial Party Committee and secretary of Zunyi Municipal Party Committee, demanded that "we should pay attention to learning from negative examples and take the case as a mirror". More than four months later, the CPC Central Commission for Discipline Inspection announced that Liao was suspected of serious violation of the law and was under investigation.
The retrial of Xiong Zumo's case in Zunyi Intermediate People's Court was held on1October 20th119th, and the trial lasted for 3 days.
In court, the focus of both the prosecution and the defense is whether Xiong Zumo abused his power and whether Xiong Zumo took bribes of 200,000 yuan.
The public prosecutor accused Xiong Zumo of abusing his power, saying that during his tenure as the executive deputy magistrate of Daozhen County, the Daozhen County government signed an investment agreement with Li Xiaohong, a Chongqing businessman, to build a star-rated hotel with 19 mu of land. Li Xiaohong Company built a commercial and residential building with 13.27 mu of land for the sale of hotel facilities. Xiong Zumo presided over the meeting and agreed to change the use of this 13.27 mu of land, and gave Li Xiaohong Company an equal subsidy according to the land listing price and land transfer fee.
The prosecution believes that this move violates the provisions of the relevant state ministries and commissions that "no region, department or unit may reduce or exempt the land transfer fee in the name of' attracting investment', or reduce or exempt the land transfer fee in disguised form in the form of first levy and then return, subsidies, etc.". .
According to the evidence presented in court, Changjiang County, then Daozhen County, signed the investment agreement with Li Xiaohong Company. The minutes of the special meeting of Daozhen County Government on August 9th, 20 10 showed that the convener of the conference on investigating hotel construction was Changjiang, who was then Ren County, which was not consistent with "Xiong Zumo presided over the meeting" in the indictment.
After being transferred to Changjiang County on August 9th, Xiong Zumo also provided his own Report on Asking the County Party Committee for Instructions at the Leadership Meeting of the County Government in June 1 1 Study on the Subsidies of Li Xiaohong Companies. The meeting minutes of county people's congress and county CPPCC leaders are submitted as new evidence. Xiong Zumo hopes this can prove that the subsidy is the result of collective resolution.
At the same time, a bribery charge of 200,000 yuan came from Li Xiaohong. The prosecution alleged that Li Xiaohong gave Xiong Zumo 200,000 yuan in his office to thank him for his care in changing the nature of the land.
The fact of accepting bribes was found in the first instance. At the retrial trial site, an important witness Li Xiaolin (Li Xiaolin is Li Xiaohong's sister-reporter's note) appeared in court to testify. The 200,000 yuan suspected of taking bribes was borrowed from Li Xiaolin by Li Xiaohong.
In an interview with China Youth Daily, Li Xiaolin said that he made it clear in court that he didn't give Li Xiaohong 200,000 yuan, and both the loan and the repayment form were false. The 200,000 yuan withdrawn from his account was used to pay wages to the company where he worked. The purpose of the fraud was to prevent his younger brother Li Xiaohong from being arrested again.
"They forced Li Xiaohong to admit that the money was given to Xiong Zumo, and Li Xiaohong asked me to help him. If I don't help him, what if he is taken away? " Li Xiaolin said.
Li Xiaolin also provided the court with a salary list of 200,000 yuan, hoping to prove the whereabouts of this 200,000 yuan.
After the three-day trial, Xiong Zumo entered an anxious wait. "I feel that the presiding judge of this trial will listen carefully to what my lawyer and I said, and the witnesses have provided new evidence, which may be hopeful." Xiong Zumo said that the only expectation during that time was the verdict.
At noon on 20 14 1 10, Xiong zumo suddenly received a notice to change the compulsory measures to obtain bail pending trial. Then he walked out of the detention center and met his wife. On this day, he was detained in criminal detention for two years.
2065438+On May 7, 2004, the Zunyi Intermediate People's Court issued a criminal ruling to Xiong Zumo, which stated that during the litigation, the Zunyi People's Procuratorate applied to our court to withdraw the prosecution on the grounds that the evidence had changed.
Zunyi Intermediate People's Court ruled that Zunyi People's Procuratorate was allowed to withdraw the prosecution.
More than a month later, the Zunyi Municipal People's Procuratorate served Xiong Zumo with a non-prosecution decision numbered 20 140 1.