Lawyer

Chapter 465

In the eighth trial court of the Provincial High Court, there were not many people in the auditorium. Zhou Yingqi's father, Mr. Zhou, was among them. Daughter is a blessing or a curse.

The three judges of the collegial panel sat on it, and the presiding judge was the chief judge of the Criminal Division of the Provincial High Court.The inspectors of the Provincial Procuratorate sitting opposite Fang Yi and Zhou Ying were two middle-aged male prosecutors.It seems that both sides have sent relatively strong lineups.

……

"Next, the public prosecutor will read out the statement of protest," said the presiding judge.

"Presiding judge and judge: This court believes that the appellant Zhou Yingqi constituted a crime of accepting bribes, and the protest opinions are as follows:
…The court of first instance did not determine that Zhou Yingqi received all the 8108 million yuan from Zhao Xiaojie as bribes, which was an error in determining the facts; it did not determine that Zhou Yingqi received the 30 yuan from Jiayue Company as bribes, which was an error in applying the law.In addition, the court of first instance sentencing was obviously abnormally light, and the court is requested to change the sentence.complete. " said the inspector.

"Next, the appellant Zhou Yingqi will state the reasons for the appeal," said the presiding judge.

"The first trial found that the 1808 million yuan I received from Zhao Xiaojie was a bribe, but I do not agree. My promotion for Zhao Xiaojie's activities was based on the relationship between us, and it was a transaction of power and money." Zhou Yingqi said.

"The appellant's defender announced his reasons for appeal," said the presiding judge.

"The defender believes that the court of first instance found that the appellant Zhou Yingqi's acceptance of Zhao Xiaojie's 1808 million yuan was bribery, which was a factual error.

The appellant Zhou Yingqi and Zhao Xiaojie were lovers, and they already planned to get married. It was this special relationship between them that led to frequent economic exchanges between the two parties, and the confusion of property.

According to Zhou Yingqi and Zhao Xiaojie's plan, they will live together and become a family in the near future.In view of this, Zhou Yingqi's activities for Zhao Xiaojie's job promotion are suspected of violating discipline, but it is also human nature.

Therefore, Zhou Yingqi's acceptance of 180 million from Zhao Xiaojie did not constitute bribery.Ask the court to acquit the appellant in accordance with the law.complete. "Fang Yi said.

(According to the provisions of the "Criminal Procedure Law", in a second-instance case where both the procuratorate protests and the defendant appeals, the public prosecutor who protests first speaks, then the appellant speaks, and finally the defender speaks)

The subsequent descriptions of the facts of the case by all parties are consistent with those of the first instance, and no new evidence has been submitted by all parties, so we will not repeat them here.

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

Let the prosecutor speak first. " said the presiding judge.

"Presiding judge and judge: We believe that Zhou Yingqi received a total of 8408 million yuan from Zhao Xiaojie and Jiayue Company, which should be regarded as bribes. The reasons are as follows:
[-]. Although the appellant Zhou Yingqi and Zhao Xiaojie were lovers, Zhao Xiaojie gave Zhou Yingqi large sums of money many times and asked Zhou Yingqi to help her in promotion and reduction of responsibilities. Zhou Yingqi recommended and interceded with relevant leaders of the group company according to Zhao Xiaojie's request .On the whole, Zhou Yingqi was seeking illegitimate benefits for Zhao Xiaojie, and her behavior should be classified as bribery.

30. The judgment of the court of first instance failed to accurately evaluate the nature of Zhou Yingqi's entire behavior, resulting in the reduction of some criminal facts.At the same time, the appellant Zhou Yingqi used her right to select suppliers to help Jiayue Company established by Zhao Xiaojie’s relatives Zou Jia and Zhao Yue to obtain business from a technology company, and received [-] yuan, which should also be considered bribery.

18. The court of first instance ruled that Zhou Yingqi’s purchase of houses with bribes was not based on the provisions of Article No. [-] of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery. The recovery is due to the improper handling of the money and property involved in the case, which should be corrected according to law.

The above is the protest opinion of this court, and it is over. " said the inspector.

"Next, the appellant Zhou Yingqi will defend herself," said the presiding judge.

"I think the facts determined by the court of first instance are wrong. I have a relationship with Zhao Xiaojie as lovers. During this period, I received money from Zhao Xiaojie and Jiayue Company entirely based on my special relationship with Zhao Xiaojie. There is no power-for-money transaction. , I feel that I should not constitute the crime of accepting bribes.

My own legal knowledge is shallow. If the Provincial High Court decides that my behavior constitutes bribery and makes a judgment against me, I will accept the judgment.However, there is a special relationship between me and Zhao Xiaojie. My family has refunded 280 million yuan to the procuratorate for me, and I ask the court to give it full consideration when sentencing. "Zhou Yingqi said.

This set of words was carefully considered by her, and her meaning is very clear: first, express her attitude, she believes that the facts found by the court of first instance are wrong, if the court of second instance finds her guilty, she accepts it unconditionally (the key is not to accept it); secondly , once again affirming the relationship between her and Zhao Xiaojie, let the court consider the actual situation; finally, tell the court of second instance that the family members have actively returned the stolen goods, and the second-instance court should properly consider the situation of actively returning the stolen goods, and don’t judge too severely !

She felt that she could advance and retreat or defend like this, and she would not suffer from left or right, but it sounded a bit inconsistent, which made people confused and didn't know what she was thinking.

"The defender of the appellant Zhou Yingqi made a speech," said the presiding judge.

Fang Yi picked up the rewritten defense and said: "Presiding judge, judge: the defender believes that the appellant Zhou Yingqi does not constitute the crime of accepting bribes. The reasons are as follows:
[-]. Zhou Yingqi's behavior of accepting money from her lover should not be regarded as bribery.

The defender believes that in the case of accepting bribes, no matter how long the timeline between receiving property and seeking benefits is stretched, even if the two parties agree to "do things" while on the job and receive money after retirement, the corresponding relationship between seeking profit and receiving money Still self-explanatory, generally no special proof required.

However, when there is a special relationship between the bribe-giving party and the bribe-receiving party, it is necessary to further prove the purpose of the behavior of both parties, which is the case in this case.

First, the evidence in the case shows that the appellant Zhou Yingqi and Zhao Xiaojie had a lover relationship. During more than four years, the appellant Zhou Yingqi and Zhao Xiaojie went from confirming their lover relationship to agreeing to get married and preparing to purchase a "marriage room". Then they lived together, finally broke up, and maintained a lover relationship for more than four years. Although there were immoral factors, the two hoped to eventually form a family during the relationship.And after Zhou Yingqi confirmed her lover relationship with Zhao Xiaojie, she quickly went through the divorce procedure.Since then, Zhao Xiaojie has also sued the court for divorce many times, but all of them were rejected. "

(End of this chapter)