According to the Supreme People's Procuratorate "on the People's Procuratorate direct acceptance of the case investigation case filing standards (for trial implementation)" Article 1, suspected of one of the following circumstances, shall be filed:
1, the amount of individual bribery in the amount of 5,000 yuan or more; (Note: This is a specific amount of standard, as long as the perpetrator of the individual bribery of the amount of cumulative amount reached more than 5,000 yuan) the case shall be opened for investigation.)
2. If the amount of individual passive bribery is less than 5,000 yuan, but one of the following circumstances applies:
(1) the state or social interests suffer a significant loss as a result of the act of passive bribery;
(2) intentionally making things difficult and blackmailing the relevant units or individuals, resulting in a bad influence;
(3) forcibly soliciting property.
Expanded:
Related Cases: Ophthalmology Director Receives "
Recently, for accepting bribes in the procurement of medical supplies, the Chongqing Bishan District Procuratorate investigation and prosecution, the former ophthalmology director of a hospital in Bishan District, Chongqing City, Zhao Mou for accepting bribes was sentenced to three years' fixed-term imprisonment, four years' probation, and a fine of 250,000 yuan.
According to the contractor prosecutor, medical consumables procurement link commercial bribery cases are characterized by a person bribe more than one person, a person to accept more than one person's bribe. In the process of handling the case, it is often investigated and handled a case involving several cases, investigating and punishing a person implicated in several people.
Bishan Procuratorate closely around the characteristics of this type of case layout investigation plan, seize the key links to dig series of cases, the bribery side as a breakthrough in the digging and investigation, locking the key investigation object, quickly mastered the pharmaceutical company staff in the sale of IOLs in the business of the bribery of many people, to do the "investigation and handling of a case, with a string". "In 2015, the Bishan Procuratorate has continuously investigated and handled three cases of six people in the field of medical consumables procurement, involving three medical institutions.
Implanted crystals belong to the specialty consumables, due to the high degree of specialization of medical consumables, medical institutions, equipment section of such medical consumables procurement, need to be based on the director of the specialty to make the purchase application. When the director of the specialty submits an application for the purchase of IOLs to the equipment section, the application form will indicate the specifications of the IOLs, the quantity, the unit price, the name of the supplier, etc. The application form will be submitted to the equipment section for approval. The equipment section of the medical institution will then negotiate and purchase the IOLs according to the application submitted by the specialty director. Specialty directors have some say in the medical supplies inquiry, negotiation, contract signing and purchasing process, and therefore, specialty directors are tightly "targeted" by medical supplies resellers to pay bribes.
In 2006, a medical device company sales staff Tangmou find then Bishan County hospital ophthalmology director Zhaomou, hope that Zhaomou can purchase a large number of their own sales of IOLs, at the same time, to Zhaomou said, they will be based on the actual sales of IOLs, the number of models, in accordance with a certain kickback standard to give Zhaomou kickbacks, Zhaomou on the sales staff of the proposal was readily accepted.
"Every time they gave me money, they would give me a note at the same time, which recorded the number of crystals used, the model, the rebate standard, so that I know the specific rebate standard." After tasting the sweetness, Zhao used the same trick, and purchased another company to sell the artificial crystals on behalf of the company, using the power in their hands to make illegal profits for themselves.
In this way, between 2008 and 2015, Zhao used his position as director of ophthalmology of a hospital in Bishan District, in the introduction, procurement of medical supplies and other economic transactions, for two companies in the sale of IOLs to a hospital in Bishan District in the process of seeking benefits, off the books and secretly accept the above two companies staff to pay kickbacks **** totaling 370,000 yuan.