Bribery of 240 thousand yuan and bribery of 6.5438+0.7 thousand yuan, why is the sentence similar?
Is there a relationship between the amount of bribes and the range of sentencing? According to the report of Guangzhou Intermediate People's Court, according to the criminal law, the amount of crime in bribery cases should generally be directly proportional to the sentencing range, but in fact, judging from the sentencing situation of bribery amounts below 6,543,800 yuan, 6,543,800-500,000 yuan, 500,000-6,543,800 yuan and 6,543,800 yuan, this proportional relationship is not obvious. A case shows that the sentence of accepting bribes of150,000 yuan 10 year seems unreasonable compared with the sentence of accepting bribes of 750,000 yuan10 year, but both sentences are within the range of sentencing prescribed by law and are legal.
Why do we have to do that？ In recent years, the bribery cases tried by Guangzhou Intermediate People's Court found that similar cases had already existed. For example, on September 20 1 1, former deputy general manager of the training department of China Southern Airlines was sentenced in the first instance. Guangzhou Intermediate People's Court found that Hui accepted bribes of 1.7 million yuan and sentenced him to fixed-term imprisonment of 1.5 years. Almost at the same time, Gu Mou, an employee of a district transportation bureau in Guangzhou, was accused of taking bribes of 240,000 yuan during the execution of official duties (the money was cleared after the incident), and Guangzhou Intermediate People's Court also sentenced Gu Mou to fixed-term imprisonment 10 year for accepting bribes. Some judges explained why this happened. This is because Article 383 of the current Criminal Law stipulates that individuals who embezzle more than 100,000 yuan shall be sentenced to fixed-term imprisonment of more than 10 years, that is, taking bribes of 6,543,800 yuan and 6,543,800 yuan. There is no obvious difference in sentencing range.
Why do ordinary people question the sentencing of some bribery cases that have a negative impact on society? The report pointed out that because the current criminal law mainly determines the conviction and sentencing range based on the amount of bribes, it is easy to cause other crimes with the same amount of crimes but different circumstances, resulting in great differences in social harm. Sentencing can only be carried out within a sentencing range, and different cases cannot be treated differently.
Why are there more bribers than bribers?
Judging from the number of cases, although the number of bribery cases is increasing year by year, it is still not commensurate with the number of bribery cases. The report of Guangzhou Intermediate People's Court uses a set of figures to illustrate the situation: 20 10 to 20 12. Among the 767 cases of bribery in first instance concluded by two-level courts in Guangzhou, 528 cases were bribed and 239 cases were bribed, accounting for about 2.2: 1. The mismatch between the number of bribery cases and the number of bribery cases reflects that a large number of bribers have not been punished accordingly. If calculated according to the "one-on-one" criminal pattern of bribery crimes, at least half of bribery cases may not be prosecuted.
"In the past, the threshold for accepting bribes and the sentencing range were very low." A judge explained. This situation can be seen from a serious bribery case. During the period from 2006 to 20 1 1, the then director, party secretary and director of Zengcheng Forestry Bureau thanked Guo Qinghe, then director of Guangzhou Forestry Bureau, and Liu, then deputy director, for their help in personnel adjustment, and tried to win over the Municipal Forestry Bureau to speed up the disbursement of funds for greening project contractors, and paid Guo Qinghe a bribe of 240,000 yuan for them several times to seek illegitimate interests. When hearing the case, the court of first instance held that "bribery is a serious category" and sentenced it to only one year and ten months in prison.
A judge explained that the main body of the crime of accepting bribes is that the defendant uses the state's public power for personal gain, and the crime of accepting bribes is to use money for personal gain. Therefore, the former is regarded as the key target. However, in recent years, the state has also intensified its crackdown on bribery. "No one sends money, no one collects money."