Is it true that a police station in Zhanjiang collected a fine and released the person convicted of accepting bribes?

The court found that after Zeng Changming became the director of the West Lake Police Station of Leizhou City Public Security Bureau in Guangdong Province, according to the usual practice, he "earned money" when investigating cases. Where the director thinks that a person can be released with a fine, he can illegally collect money and release the person after determining the amount of the fine, and part of the money collected will be shared equally by the director and the police.

A year later, the drug-related personnel released by the police station received money to create a major case of 365,438 grams of ice and 3,400 grams of heroin in the field, and the practice of the police station was exposed.

The court of Zhanjiang Economic and Technological Development Zone found the constituent units of West Lake Police Station guilty of accepting bribes and sentenced them to a fine of 200,000 yuan. Zeng Changming was sentenced to fixed-term imprisonment 1 year for accepting bribes from the unit. The police station was convicted of accepting bribes, which is the first case in China.

According to the Seventh Five-year Plan of Zhanjiang Public Security Organs to Carry out Publicity and Education on the Rule of Law uploaded by Leizhou Public Security Bureau in official website, Zhanjiang Municipal Government, the local police will improve the new law enforcement case-handling modes such as online law enforcement information entry, online law enforcement process management, online law enforcement activity supervision and online law enforcement quality evaluation, accept external supervision, and let law enforcement power always run in the sun.

The director of the police station engages in "income generation" and releases people after receiving a fine.

2065438+In February 2004, Zeng Changming was transferred to the post of director of West Lake Police Station.

The court found through trial that, according to the research and decision of the leading group of the institute, according to the usual practice, in the process of investigating and handling cases, if someone mediates or other public security cases that can be used as "fines", the leaders on duty will report to the director Zeng Changming and decide the amount of the "fines", so they will not enter the comprehensive police handling system of the public security organs, and will not submit for approval according to the prescribed handling procedures, and will directly "fine" people. 50% of the proceeds are kept by the police officer Zeng Moumou for the expenses of the police station, and the other 50% is shared equally by Zeng Changming and the staff of the duty team, excluding the informant fee and the night snack fee of the duty team. Instructor Lao Mou, deputy director Zeng Mou and policeman Ke Mou are on duty in turn as class leaders and duty groups respectively.

Zeng Changming, director of the police station, explained that this model existed in the West Lake Police Station before he came to the police station, but after he took office, he adjusted the fee ratio after consulting with the members of the leadership team. These fines are released after the amount is negotiated with the arrested person without formal bills. If the fine is less in the middle of the night, the deputy director of the class will also make a "flexible decision".

Chen Mou, deputy director of the West Lake Police Station, testified that he had been working in the West Lake Police Station since 20 13, and this model has always existed.

Officer Ke worked in the West Lake Police Station 1 1 year. He also testified that this pattern has always existed.

Chen Moumou, an auxiliary police officer, confirmed that after Zeng Changming was transferred to the West Lake Police Station, he announced at a plenary meeting that the proportion of fines allocated to cases that had not gone through the police comprehensive examination and approval system before the West Lake Police Station was cancelled, and it was divided into 50-50 according to his meaning. Auxiliary police week also confirmed the same content.

Zhou Moumou, a policeman, also confirmed that he had been a policeman at the West Lake Police Station since September 2006. This model has always existed, but after Zeng Changming came to power, there were more cases of such fines to generate income.

There are 2 1 case of collecting money and releasing people a year.

The court found that the Xihu Police Station of Leizhou Public Security Bureau failed to approve the production of case 2 1 from July 20 15 to June 20 16, and * * * charged a "fine"137,400 yuan. In addition to handing over 4,500 yuan to Leizhou Public Security Bureau, 50% of the remaining "fine", that is, 66,450 yuan, is used as the off-balance-sheet expenditure of the West Lake Police Station, and the other 50%, that is, 66,450 yuan, is given to the duty team. The duty team paid the informant fee of 65,438+00. After 940 yuan, the remaining 55,565,438+00 yuan was shared equally by the duty team and Director Zeng Changming.

The staff of Leizhou Public Security Bureau admitted that they had received money. Two of them testified that from 2065438 to the beginning of May 2006, the unit handed over three gambling cases (suspected of selling illegal lottery tickets) to the West Lake Police Station. A few days later, someone at the police station called and said that Director Zeng Changming wanted to give him several thousand yuan, and then they sent someone to the deputy director of the police station to get 4,500 yuan in cash.

Lao, the instructor of the West Lake Police Station, admitted afterwards that the money allocated by the police was used for personal consumption.

Chen Moumou, deputy squadron leader of criminal investigation, said that Zeng Changming was able to participate in the distribution of funds in various case-handling groups because "the director took on great risks and pressures".

Drug addicts were arrested by foreign police for major crimes after paying money and leaving.

The accident was caused by a drug-related case. 20 16, 15, Huang and others were arrested by Xihu police station for taking drugs. The police station "fined" 65,000 yuan and released them.

Zeng Changming recalled the situation at that time: "Deputy Director Zeng called me for instructions and said that 8 grams of drugs were seized from drug addicts, which could not meet the criminal filing standards, but three people confirmed drug abuse. I said that if we can't meet the standard of criminal filing, we must go through the procedure. In the afternoon, it was said that each of the three drug addicts was willing to accept a fine of 1.5 million. I said I dare to fine so much money. I told the auxiliary police present that I was not afraid, and I acquiesced after listening. "

He admitted that in this case, he got 1200 yuan.

But in fact, the drug-related personnel gave 65,000 yuan instead of 45,000 yuan. Zeng Changming said that after more than ten days, he heard from the outside world that several drug addicts arrested by the West Lake were fined more than 60,000 yuan. He was very angry and asked why Zeng wanted more than 60 thousand. At this time, I admitted that I and the auxiliary police had asked for another 20,000 yuan. "I said that it was easy to have an accident, and you would refund the fine. He agreed at that time, but he never retired."

The deputy director of the police station once admitted that he left 20 thousand yuan privately without telling Zeng Changming, but said that all the money was used for informant fees. Huang, a drug-related person, testified that at the scene, he saw the auxiliary police put the 20,000 yuan given to him by his wife directly in his right trouser pocket.

But no one expected that on May 2, 20 16, Huang and others were arrested by xuwen county Public Security Bureau on suspicion of drug trafficking. Huang and others committed a major case this time: Huang was suspected of transporting more than 2,000 grams of ice and more than 370 grams of heroin; Zhong Mou and Mi Mou were suspected of transporting 29843438+0g of ice and 306838+0g of heroin.

During his stay at the detention center, Hwang told the West Lake Police Station that he was collecting money to release people.

Zeng Changming said: "I called Zeng and asked him why he hasn't given people a refund yet." I once said that my money has not been raised, and other people's money has not been confiscated. I said how much I can raise and I'll pay the rest first. Later, I took out 40,000 myself and returned 65,000 to Huang's wife. "

But things still went to the supervision department of Zhanjiang Public Security Bureau, a superior unit.

After the incident, Wu Mou, head of the legal system of Leizhou Public Security Bureau, testified that he was not aware of any cases that were not recorded in the comprehensive police system at the grass-roots police station and were handled privately.

Zhanjiang Public Security Bureau transferred the case clue to Zhanjiang Procuratorate on June 8th, 20th16th. On the same day, the prosecution filed a case against the police and Zeng Changming of Xihu Police Station of Leizhou Public Security Bureau on suspicion of accepting bribes.

The superior public security bureau handed over criminal clues and the police station was convicted of accepting bribes.

2065438+On March 23rd, 2007, the Procuratorate of Zhanjiang Economic and Technological Development Zone sued the case to the court of Zhanjiang Economic and Technological Development Zone. In court, the agent of West Lake Police Station and Zeng Changming had no objection to the prosecution's allegations.

After trial, the court held that the Xihu Police Station of Leizhou Public Security Bureau, as a dispatched institution of state organs, illegally accepted other people's property in the course of its work, with a total amount of RMB137,400 yuan, seeking illegal benefits for others. If the circumstances are serious, his behavior has constituted the crime of accepting bribes by the unit.

Zeng Changming, as the person in charge of the West Lake Police Station of Leizhou Public Security Bureau, is the directly responsible person in charge, and his behavior has also constituted the crime of accepting bribes by the unit.

According to the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Bribery, if a state functionary is investigated for himself or someone or something related to bribery and returned or handed in to cover up the crime, it will not affect the determination of the crime of accepting bribes. In this case, after receiving Huang's "fine", the defendant unit failed to return it in time and handled it on its own. After the refund, Huang was found to have exposed the matter, and the relevant departments were prepared to investigate and deal with it. Because he was forced to return for fear of being implicated, and his unit's bribery crime has been implemented, it should still be recognized as the amount of crime.

After the incident, 13 police returned 19300 yuan to the procuratorate, and 8 police returned 8200 yuan to the Leizhou Municipal Commission for Discipline Inspection. After the trial, Zeng Changming's relatives returned 6750 yuan to the Leizhou Municipal Commission for Discipline Inspection.

In the end, the court of Zhejiang Economic and Technological Development Zone sentenced the Xihu Police Station of Leizhou Public Security Bureau to a fine of 200,000 yuan and sentenced Zeng Changming to fixed-term imprisonment of 1 year for accepting bribes. The 34,250 yuan seized was regarded as illegal income, confiscated and turned over to the state treasury.

On June 365438+1October 3 1, 20 17, the seventh five-year plan for public security organs in Zhanjiang to carry out publicity and education on the rule of law was uploaded in the sub-column of "Leizhou Public Security Bureau" on the portal website of Zhanjiang Municipal Government. ?

In the plan, it is proposed to further improve the integrated comprehensive law enforcement mechanism such as power exercise, supervision and restriction, and improve the new mode of law enforcement case handling such as online entry of law enforcement information, online management of law enforcement process, online supervision of law enforcement activities, and online evaluation of law enforcement quality; It is necessary to form a joint force of supervision work, correctly treat and consciously accept the supervision of the people and the news media, deal with the problems reflected by the people and the news media in a timely manner, and make the law enforcement power always run in the sun.