Jiang,/kloc-0, born in June, 1974, is a native of Hulan County, Heilongjiang Province, and graduated from Gansu University of Political Science and Law./kloc-0 joined the work in July, 1997, and his career began in the People's Court of Qilihe District, Lanzhou City. From June 2005 1 1, he served as the chief clerk and the second office of the leading group office for maintaining social stability in Gansu Province. ?
The bribery case occurred on 20 12, when Jiang was the director of China Merchants Bureau of Wuwei.
On April 20 12, the briber Sun Mou and others prepared to implement the humic acid compound fertilizer production line project, and Sun Mou was responsible for the company's business, and handled the license and related procedures.
During the preparation of the company, in order to speed up the implementation of the production line project with an annual output of 300,000 tons of humic acid compound fertilizer and the examination and approval of mining rights, Sun introduced Jiang through Xu Dengsheng, then deputy director of China Merchants Bureau of Tianzhu County.
Sun Xiangjiang suggested that Jiang could get 20% of the company's shares without actual capital contribution, which is commonly called dry shares. After Jiang acquiesced, the shares of this branch company were registered in her mother's name.
Sentencing standard of bribery cases
Whoever commits the crime of accepting bribes shall be punished according to the amount and circumstances of accepting bribes, that is, referring to the crime of corruption, in accordance with the provisions of Article 383 of the Criminal Law. And those who ask for bribes are severely punished.
Whoever accepts a huge amount of bribes or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
Whoever accepts a huge amount of bribes or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated.
If the amount of bribes is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated.
Those who accept bribes for many times without handling them shall be punished according to the accumulated amount of bribes.
Identification of large amount and huge amount;
The amount of accepting bribes is 30,000 ~ 200,000, which should be considered as the situation stipulated in the first paragraph of Article 383 of the Criminal Law? A lot? Sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law, and fined.
The amount of bribes received is 1 10,000 ~ 30,000, and it shall be deemed as the case stipulated in the first paragraph of Article 383 of the Criminal Law in any of the following circumstances? Other serious circumstances? Sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law, and fined:
(a) repeatedly asking for bribes;
(2) Being disciplined or administratively punished for corruption, bribery or misappropriation of public funds;
(3) Being criminally investigated for intentional crimes;
(four) the stolen money is used for illegal activities;
(5) refusing to account for the whereabouts of the stolen money or refuse to cooperate with the recovery work, which makes it impossible to recover it;
(6) Causing adverse effects or other serious consequences.
(seven) to seek illegitimate interests for others, resulting in losses to public property, the interests of the state and the people;
(8) seeking job promotion or adjustment for others.
If the amount of corruption or bribery is more than 200,000 yuan but less than 3 million yuan, it shall be deemed as the case stipulated in the first paragraph of Article 383 of the Criminal Law? Huge amount? Sentenced to fixed-term imprisonment of not less than three years but not more than ten years according to law, and fined or confiscated property.
The amount of bribes is 6,543.38+0,000 ~ 200,000, and if one of the above eight situations occurs, it shall be deemed as the situation stipulated in the first paragraph of Article 383 of the Criminal Law? Other serious circumstances? Sentenced to fixed-term imprisonment of not less than three years but not more than ten years according to law, and fined or confiscated property.
If the amount of bribes is more than 3 million, it shall be deemed as stipulated in the first paragraph of Article 383 of the Criminal Law? The amount is particularly huge? Sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death in accordance with the law, and fined or confiscated property.
The amount of bribes is 6,543,800+5,000 to 3,000,000,000. If one of the above eight circumstances exists, it shall be deemed as the situation stipulated in the first paragraph of Article 383 of the Criminal Law? Other particularly serious circumstances? Sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death in accordance with the law, and fined or confiscated property.
If the amount of bribes is especially huge, the circumstances of the crime are particularly serious, and the social impact is particularly bad, causing particularly heavy losses to the interests of the state and the people, the death penalty can be imposed.
Those who meet the above circumstances, but have surrendered themselves, rendered meritorious service, truthfully confessed their crimes, sincerely repented, actively returned stolen goods, or avoided or reduced the occurrence of damage results, may not be executed immediately, and may be sentenced to death with a two-year moratorium.
Those who meet the prescribed circumstances may be sentenced to death according to the circumstances of the crime, with a two-year suspension. At the same time, the referee decided that after the expiration of the two-year suspension period, he would be sentenced to life imprisonment without commutation or parole.