Specific case:
In the second half of 2010, when Wu served as the general manager of a wholly state-owned infrastructure construction company (hereinafter referred to as the infrastructure company), Xu found Wu several times and asked to undertake all the supply of steel strands for a certain project of the company. Wu originally planned to arrange for his mistress Zhao to take over the business, so he asked Xu to give the "leader's friend" a benefit of 300,000 yuan on the grounds of "letting the leader's friend to withdraw", and Xu agreed. After that, Wu used his power to decide to undertake the supply of steel strands in the name of Xu with a total of more than 7 million yuan. At the end of September 2010, Xu contacted Wu as agreed to pay a 300,000 yuan benefit fee. Wu took Xu to meet with Zhao, falsely claiming that Zhao was a friend of the leader, Xu gave 300,000 yuan to Zhao.
In 2011, Xu also contracted a project for a public school. After the project was completed according to quality and quantity, the school has been in arrears with the project payment (more than 30 million yuan). Xu heard that Wu knew well with the principal Zhang, so he gave Wu 100,000 yuan and asked Wu to help. Wu asked Zhang to help, and Zhang paid Xu for the project.
Case analysis:
Wu lied and asked Xu to pay 300,000 yuan to Zhao on the grounds of "letting the leader’s friend to withdraw." Although he used deception to actively ask the briber to deliver the property, in essence, Wu still used his power to make the payment. There is an obvious power-to-money transaction relationship between Xu's delivery of property, Xu's delivery of 300,000 yuan and Wu's authority. Xu paid 300,000 yuan to Wu in order to seek illegitimate benefits, and it was not just a relationship of being deceived. Moreover, in this case, Wu took the initiative to ask for property from Xu by suggestion and should be punished on the basis of soliciting bribes. According to the law, he should be punished severely. The court’s judgment also pointed out: “The act of applying pressure on the briber by fictionalizing facts and concealing the truth to demand property, and using the convenience of the position to seek benefits for the briber is a bribery request.” And Wu’s mistress, Zhao. , Also constitutes an accomplice in the crime of bribery. Based on the 2007 Supreme People’s Court and the Supreme People’s Procuratorate’s "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Bribery" (hereinafter referred to as the "Opinions"), “State officials use the convenience of their positions as trustee In order to seek benefits and instruct the trustee to give the relevant property to a specific related person in the form listed in this opinion, it shall be punished as bribery", "If a specific related person conspires with a state official to jointly implement the acts in the preceding paragraph, the specific related person shall be treated as The accomplices of the crime of bribery", "the "specially related person" in this opinion refers to people who have close relatives, mistresses (husbands) and other common interests with state officials." In this case, Zhao is Wu's mistress, and belongs to the specific related person specified in the "Opinions". According to the regulations, Wu should be punished as an accomplice in the crime of accepting bribes. And the "Criminal Law" Article 389 paragraph 1 stipulates: "In order to seek illegitimate benefits, giving money to state personnel is the crime of bribery." Therefore, Xu constitutes the crime of bribery.
Article 388, paragraph 1, of the Criminal Law provides for mediation and acceptance of bribes, that is, “State officials use their own power or status to form conveniences to seek illegitimate benefits for the trustee through the conduct of other state staff members. If the property or property of the trustee is accepted, it shall be punished as accepting bribes. "To establish this kind of bribery, the perpetrator needs to use the convenient conditions formed by his power or status, and what he seeks must be illegitimate interests. In this case, Xu paid 100,000 yuan to Wu for help in order to protect his legitimate interests (more than 30 million yuan in project funds). Since what he sought was a legitimate interest, Wu did not constitute a crime, and Xu did not constitute a crime of bribery.
