Lawyer

Chapter 460 Wail

"Let's present evidence and cross-examination. Do the prosecution and the defense and the defendant have any new evidence to submit?" asked the presiding judge.

"No." All three said.

"It's up to the public prosecutor to provide evidence," said the presiding judge.

The evidence cited by the prosecutor, in addition to the bank transfer records and the seized items and asset certificates, is the confessions of Zhou Yingqi and Zhao Xiaojie and the testimony of witnesses. These all prove the facts of the case, and the defendant Zhou Yingqi agrees.Fang Yi raised objections to the proving purpose of the evidence, arguing that the money Zhou Yingqi received was not bribery money.

Before the trial, Fang Yi had an interview with Zhou Yingqi. In order to fight for leniency, Zhou Yingqi could plead guilty and accept punishment in court.Because of doubts about the nature of the money involved, Fang Yi planned to take the risk of defending her innocence, but Fang Yi made it clear that the probability of the innocence defense being adopted was not high, and it mainly depended on the court's decision.

Zhou Yingqi knew that Fang Yi's move was for her sake, so she nodded in agreement with Fang Yi's defense plan.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

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

"The presiding judge and the judge: We believe that the defendant Zhou Yingqi constituted a crime of corruption for the following reasons:
…Defendant Zhou Yingqi took advantage of her position to help Zhao Xiaojie’s promotion and the handling of the defrauded cultural project, and accepted a bribe of 8108 million yuan; after that, she accepted Zhao Xiaojie’s request to use her position to Jiayue Company provided a business opportunity and received a payment of 30 yuan from Jiayue Company.

Although there is a special relationship between Zhou Yingqi and Zhao Xiaojie, we believe that the money Zhao Xiaojie transferred to the defendant Zhou Yingqi was to thank him for taking care of him. Therefore, the money Zhao Xiaojie and Jiayue Company gave the defendant Zhou Yingqi 8408 million yuan should be recognized is the amount of bribes.

In view of the fact that the defendant Zhou Yingqi actively returned the stolen goods and pleaded guilty to punishment, we recommend that the court impose a fixed-term imprisonment of 15 years on her.complete. " said the inspector.

Although Zhou Yingqi in the dock was well prepared, when the prosecutor announced the proposed sentence, her body still trembled and her eyes were full of horror.

15 years!How many 15 years can a person live? She is already in her 30s. After 15 years, she will be like those old women on the street and in the park.Thinking of this, she couldn't help but let out a whimper in her heart.

"Defendant Zhou Yingqi is defending herself." The judge said coldly.

"All the money I received from Zhao Xiaojie should not be regarded as bribes. Most of it was based on our lover relationship. He gave me living expenses and house purchases. There was no power-for-money transaction between us, and only 180 The [-] is the fee he gave me to promote him..." Zhou Yingqi was a little confused, but she tried her best to maintain her composure.

"Defendant Zhou Yingqi's defender issued a defense opinion." The presiding judge said.

"The presiding judge and the judge: the defender believes that the defendant Zhou Yingqi's receipt of money from Zhao Xiaojie and Jiayue Company does not constitute a crime of accepting bribes. The reasons are as follows:
8108. The nature of the [-] million yuan that the defendant Zhou Yingqi received from Zhao Xiaojie should be recognized as funds to maintain the relationship between the two parties, and should not be treated as bribes.

1. The nature of the defendant Zhou Yingqi’s acceptance of Zhao Xiaojie’s 8108 million yuan should be analyzed from various aspects, including the emotional background between the two parties, the economic relationship, the relationship between the entrusted items and the collection of property, etc., and the transfer of funds should not be identified as bribery .

2. According to the evidentiary materials provided by the procuratorate, the corresponding relationship between the defendant Zhou Yingqi’s acceptance of Zhao Xiaojie’s money and the entrusted matters by Zhao Xiaojie is not clear and definite. , the capital exchange between the two parties is also normal, and it cannot be ruled out that the two people live together for the purpose of marriage. Reasonable doubts.

3. According to the evidence provided by the public prosecutor, the defendant Zhou Yingqi and Zhao Xiaojie had a lover relationship for four years, and they were ready to live together. In view of the closeness of the two parties, the defendant Zhou Yingqi helped Zhao Xiaojie in career promotion and accountability. Although it is suspected of violating discipline, it is indeed human nature to make suggestions, inform and report, and even engage in mediation activities, and there is no illegitimate interest.

4. According to the evidence provided by the public prosecution agency, the defendants Zhou Yingqi and Zhao Xiaojie did not regard the transfer of funds as a transaction subjectively, but believed that it was a voluntary payment driven by emotional factors.

30. The defendant Zhou Yingqi's acceptance of [-] yuan from Jiayue Company did not constitute the crime of accepting bribes.

The defendant, Zhou Yingqi, does not have the authority to help Jiayue Company obtain business from a technology company. Considering her close relationship with Zhao Xiaojie, the defendant recommended Jiayue Company, founded by her relatives Zou Jia and Zhao Yue, to a technology company out of emotional factors. There is no illegitimate interest between them.

Article 380 of the "Criminal Law" stipulates that state functionaries who take advantage of the convenience formed by their own powers or status, seek illegitimate benefits for the client, ask for the client's property, or accept the client's property through the behavior of other state functionaries in their positions. Punishment for taking bribes.

Although the defendant Zhou Yingqi had violated the regulations, the motive of his behavior was entirely out of his close relationship with Zhao Xiaojie, and there was no illegitimate interest, which did not comply with the above-mentioned legal provisions. Therefore, the defendant's behavior did not constitute bribery.complete. "Fang Yi said.

Fang Yi knew that his defense was a bit weak in reasoning, but the defense opinion of the procuratorate was full of loopholes, and it was not much better than his own.But as long as there is reasonable doubt, not the only conclusion, the defense is half the battle.The rest is up to the court to decide.

……

"The defendant Zhou Yingqi's bribery case brought by the Municipal People's Procuratorate, the collegial panel has heard the trial, conducted court investigations and court debates, and listened to the allegations of the public prosecutor, the opinions of the defendant, the defense and statement of the defendant, and the defense opinions of the defender. , The court hearing is over. Now the court is adjourned, and the collegial panel will decide to pronounce the sentence after deliberation. Take the defendant out of the court." After the presiding judge sounded the gavel, the court hearing ended.

The presiding judge did not pronounce the verdict in court, and Zhou Yingqi and her family were still worried about how the court would ultimately decide.

After the case was transferred to the court, because Zhou Yingqi's release on bail had not yet expired, the Intermediate People's Court believed that Zhou Yingqi met the conditions for release on bail, so she continued to release on bail.

(Article 70 of No. [-] of the "Criminal Procedure Law" stipulates that the people's courts, people's procuratorates and public security organs shall not release a suspect or defendant on bail for a maximum of twelve months)
(End of this chapter)