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Defendant Cheng, male, born in1933+1.03, Zhuang nationality, from Shanglin County, Guangxi Zhuang Autonomous Region, with a university education, was the former vice chairman of the Standing Committee of the Ninth National People's Congress and was arrested on April 25, 2000. Bet now. The Beijing No.1 Intermediate People's Court heard the case that the first branch of the Beijing Municipal People's Procuratorate accused the defendant Cheng of accepting bribes. On July 3rd, 2000, the defendant Cheng was convicted of accepting bribes, sentenced to death, deprived of political rights for life, and confiscated all his personal property. After the verdict was pronounced, the defendant Cheng refused to accept the appeal. On August 22, 2000, the Beijing Higher People's Court ruled that the appeal was dismissed, the original judgment was upheld, and it was submitted to our hospital for approval according to law. Our hospital formed a collegiate bench to review the case according to law, and comprehensively reviewed whether the facts identified in the first-instance judgment and the second-instance ruling were clear and whether the evidence was true and sufficient; Whether the applicable law is correct; The circumstances, consequences and harm of the defendant's crime are uncertain, and there are circumstances that can be given a lighter, mitigated or aggravated punishment as appropriate; Whether the death penalty must be executed immediately; First, whether the trial procedure of second instance is legal. After deliberation by the collegial panel, it was decided through discussion at the 65438th+065438th+028th meeting of the Judicial Committee. Now the review is over. Upon examination, it was found that the defendant Cheng and his mistress Ping Li (Hong Kong resident, handled separately) negotiated divorce and marriage at the end of 1993, and agreed to make money first before getting married, taking advantage of Cheng's position to seek benefits for others and accept other people's property for future use. From the beginning of 1994 to the end of 1997, Cheng learned from Li Ping that if he helped Guangxi Yinxing Industrial Development Company (hereinafter referred to as Yinxing Company) to build Nanning Jiangnan Parking Shopping City Project and Guangxi National Palace Project and solve the construction funds, he could get the "benefit fee", so he accepted the entrustment of the person in charge of Yinxing Company and used his authority to put Yinxing Company under the management of the general office of the autonomous region government. The project of Nanning Jiangnan Parking Shopping City was undertaken by Yinxing Company, and the planning commission of the autonomous region was requested to establish the project as soon as possible. Instruct Nanning Municipal Government to transfer 85 mu of land of this project to Yinxing Company at a low price; Guangxi Ethnic Palace Project was handed over to Yinxing Company for development and construction with the Autonomous Region Ethnic Affairs Commission, and the legal person of the project was changed from the original Autonomous Region Ethnic Affairs Commission to Yinxing Company; Repeatedly asked China Construction Bank Guangxi Branch and China Industrial and Commercial Bank Guangxi Branch to issue loans to Yinxing Company totaling RMB 654.38 billion; Instruct the Housing Reform Office of the Autonomous Region to lend 25 million yuan of housing reform funds to Yinxing Company in violation of regulations; Twice instructed the Finance Department of the Autonomous Region to lend 50 million yuan of financial liquidity to Yinxing Company; We applied to the State Planning Commission for the project appropriation of Yinxing Company130,000 yuan. To this end, Li Ping accepted bribes of RMB 29,265,438+065,438+0597 and HK$ 8.04 million from Yinxing Company, and paid bribes of RMB 65,438+065,438+05,000 to Zhang Jinghai, a Hong Kong businessman who transferred bribes for him, and informed Cheng of the bribery. During this period, Cheng and Ping Li also received RMB, Hong Kong dollars, US dollars, gold diamond rings, gold bricks, handicrafts, golden lions, Rolex watches and other property. , a total of 559,428 yuan, of which more than 455,000 yuan received by Cheng was kept by Ping Li. From July 1994 to July 10, Cheng learned from Li Ping that if he helped Guangxi Trust and Investment Company and its subsidiary Guangxi Jorgen Industrial Development Company to obtain loans, he would get a "benefit fee", so he accepted the entrustment of the above two companies and took advantage of his position to ask Guangxi Branch of China Construction Bank and Guangxi Branch of China Bank to issue loans to the above two companies respectively, totaling RMB/kloc. All the loans are used by Guangxi Jorgen Industrial Development Company. To this end, Ping Li has twice accepted bribes of 600,000 yuan from Guangxi Jorgen Industrial Development Company, and informed Cheng of the bribery. 1July, 1997, Cheng learned from Li Ping that the Tunnel Engineering Bureau of the Ministry of Railways contacted the chairman of Guangxi Gui Long Economic and Trade Co., Ltd. to undertake the drainage leveling tunnel project in the reservoir area of Yantan Hydropower Station. If he helps the Tunnel Engineering Bureau of the Ministry of Railways to build the project, he can collect the "benefit fee", so he accepted the request and used his authority to instruct the Autonomous Region Immigration Office to hand over the project to the Tunnel Engineering Bureau of the Ministry of Railways. After learning that the project contractor has passed the bidding, it directly intervened in the bidding work and changed the bidding conclusion in violation of regulations, so that the Tunnel Engineering Bureau of the Ministry of Railways, which should have undertaken the upstream project with a lower quotation, undertook the downstream project with a higher quotation. Therefore, Ping Li accepted a bribe of RMB 6.5438+0.8 million from the Tunnel Engineering Bureau of the Ministry of Railways, and informed Cheng of the bribe. 1early 1994 to1April 1997, Cheng accepted Gan's entrustment through Li Ping, and promoted Gan from the deputy magistrate of Hepu County, Guangxi to the mayor of tieshangang district, Beihai City, Guangxi, and the deputy secretary-general of the autonomous region government. To this end, Li Ping received a bribe of 270,000 yuan from Gan four times and informed Cheng of the bribery. In addition, from the beginning of 1996 to1February 1997, Cheng accepted the entrustment of Zhou Yisheng, the former director of Haicheng Branch of Beihai Public Security Bureau, and the former director of the service center of the Planning Commission of the autonomous region, and used his powers to recommend Zhou Yisheng to the relevant departments as the director of Beihai Public Security Bureau, thus making him the deputy director of Beijing Office of the autonomous region government. To this end, Cheng accepted a bribe of 3,000 yuan from Zhou Yisheng and a bribe of 654.38 yuan+800,000 yuan, and gave the 3,000 yuan to Li Ping for safekeeping. To sum up, Cheng alone or together with Ping Li took bribes totaling RMB 465,438+RMB 0,090,373, which were all recovered after the incident. The above facts identified in the judgment of first instance and the ruling of second instance are confirmed by witness testimony, material evidence, documentary evidence, expert conclusion and other evidence read, presented, cross-examined and verified in the trial of first instance, and the defendant Cheng also made a confession. The above-mentioned evidence has been itemized in the judgment of first instance, which is true and sufficient enough to be confirmed by our court according to law.
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