2012年12月21日星期五

The Lanzhou Municipal Price Bureau, former director of suspicion of taking bribes 3.4 million jailed for 15 years

December 21, Lanzhou City Intermediate People's Court in accordance with the law of Lanzhou Municipal Price Bureau, former director of Du Mingfei allegedly accepting huge bribes the case of an open verdict. Court that defendant Duming Fei as a national staff, used his position to illegally demanding and accepting other people's property, for the benefit of others behavior constituted the crime of accepting bribes, and a huge amount of bribes, have extorted the plot, should be severely punished according to law. At the same time, the court held that, frankly most of the bribery facts truthfully view of Du Mingfei justice and recovered part of the stolen money, stolen goods, can be given a lighter punishment it. Accordingly, the court accepted bribes sentenced Du Mingfei sentenced to 15 years; seizure documented the stolen money 550,000 yuan, Du Mingfei relatives name of a property is located in Shenzhen City, as well as a catering company under the name of BMW a confiscated confiscated by law treasury, and the gap continues to pursue. After listening to the sentence, Du Mingfei immediately said "sure to appeal", while his wife burst into tears almost syncope.
Yunguan Chu long money soca "by BMW
1999-2012 February, Du Mingfei served as the Director of the supervision and management of the Lanzhou City incoming, Lanzhou City, Lanzhou City Department of Transportation deputy director and Chairman of the Transportation Management Director and other positions up to the 13-year period, the lease management the car road transport permit issuance, inspection, annual inspection and vehicle scrap trade-positions to facilitate, or accept my gift to help handle affairs commissions, or an excuse to "join forces to real estate speculators, borrowing" the name of the receiving huge amounts of money matter. Meanwhile, Du Mingfei also utilize its terms of reference, the status of conditions, when friends are asking him a big appetite. Identified Duming Fei has a total of 53 times the receipt, ask for 11 units or a total of 340 million yuan personal belongings, including 1.595 million yuan in cash, the purchase of 1.13 million yuan, 347,000 yuan shopping card, and another 33 million yuan worth BMW one. After the incident, the investigation organ from Du Mingfei family members at the seizure of 200,000 yuan in cash, involved in real estate set.
Trial, the public prosecutor, according to China's criminal law, corruption and bribery sentencing up to a file from the criminal point of 10 million, Du Mingfei amount of bribes is 34 times more than this starting point, and Du Mingfei to have extorted plot 4 from the facts of the crime , the extorted property up to 223 million, suggest that the courts be severely punished in accordance with the law of the accused Du Mingfei.
Frankly the ill-gotten plot can be punished more leniently
About the Du Mingfei their counsel made its confession Department illegally obtained evidence should be excluded, as well as subpoena the Du Mingfei in, monitoring of living and other investigative procedures there are violations of the law of excuse and defend opinions in the investigation stage, the court based on hearing investigation that the Public Prosecution The court on investigation stage forensics legitimate evidence is reliable and sufficient, able to exclude Du Mingfei pre-trial confessions of the suspects is illegal to obtain. The court recognized the prosecutor read out in court Duming Fei confession, made in the investigation stage and as finalized according to use in conjunction with other evidence. Whether there are violations of the law on the investigation procedure, the court held that the Public Prosecution in court to have lawful instructions.
Duming Fei and his defenders mentioned behavior of accepting Wenyou and 4 Gaopeng confidant both hands belongings after rebate corresponding value of the property, should not be identified as taking bribes excuse and defend opinions, the court based on the above witness testimony to identify them in the give Du Mingfei belongings during other economic exchanges and creditor-debtor relationship with DU, on the contrary, the other confirmed Duming Fei does bribes behavior during this period, its extorted plot accordingly been identified.
In addition, on Du Mingfei and his defender Du Mingfei with bribery mentioned exists "joint investment to buy a house, the borrower by car" are legitimate civil conduct excuse defense opinion, the court held that Du Mingfei knowingly bribe people belonging to the responsible person within the scope of its terms of reference management related management matters, there are bound to be asking him, this proposed partnership investment to buy a house, it is the use of the terms of reference to the name of the joint real estate ", extorted the real line. As for the so-called friends. "Exceptionally" requirement, is Du Mingfei knowing each other for "exchange" loans, borrow the car before the incident never repayment also mean material, obtain a copy of the BMW car by his wife long-term use, and only later forced to be refunded during the the Du Mingfei being investigated. All these acts were all the Du Mingfei means to cover up the crime, their behavior in accordance with the law should be punished for taking bribes.
The court also found, to Duming Fei Department investigation after authorities received the alleged bribery Crime Report and subpoena before the account of the facts of the crime of bribery, move merely Frankly, not voluntary surrender, but a lighter punishment according to law.

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