What mistake did Zhou Zhijian make?

Public Prosecution Organ: People's Procuratorate of Haifeng County, Guangdong Province.

Defendant Zhou Zhijian, male, born in * * *, Han nationality, with a college degree, was formerly the deputy director of Lian 'an Business Office of Haifeng County Power Supply Bureau and lived in Haifeng County, Shanwei City, Guangdong Province (domicile: Haifeng County, Shanwei City, Guangdong Province). Because of this case, he was criminally detained by Haifeng County Public Security Bureau in May 17, and was arrested in June 1 year of the same year. Now detained in Haifeng County Detention Center.

Trial process

Haifeng County People's Procuratorate accused the defendant Zhou Zhijian of committing corruption with indictmentNo. [20 17]452, and filed a public prosecution with our court on August 29, 20 17. Our court applied summary procedure, formed a collegiate bench according to law, and heard the case in public on September 28, 2007. Haifeng County People's Procuratorate appointed prosecutor Lin Qinci to appear in court to support the public prosecution, and the defendant Zhou Zhijian attended the lawsuit. The trial is now over.

Request situation

Haifeng County People's Procuratorate accused that from August 3, 2005 to August 3, 2007, the defendant Zhou Zhijian took advantage of his position as deputy director of Lian 'an Business Office of Haifeng County Power Supply Bureau and was in charge of overall work to accept copper wire and other power materials (worth RMB 173227.63 yuan) from Haifeng County Power Supply Bureau for sale; The proceeds were illegally diverted for personal consumption. From April to August, 2007, the defendant Zhou Zhijian took advantage of the above-mentioned position to collect the electricity fee from Haifeng Lianan Xintai Electronics Factory in advance for 14 times, which was equivalent to RMB 25,7481yuan in total; The collected electricity fee was not turned over to Lian 'an Business Office of Haifeng County Power Supply Bureau, and was taken for personal consumption in violation of regulations. On the morning of May 6, 2007, the defendant Zhou Zhijian was arrested by the Anti-Corruption Bureau of Haifeng County People's Procuratorate.

On this basis, the public prosecution agency believes that the defendant Zhou Zhijian, as a national staff member, used his position as the deputy director of Lian 'an Business Office of Haifeng County Power Supply Bureau to embezzle public property of RMB 430,708.63, which is huge, and his behavior has violated the provisions of Article 382 and Article 383, paragraph 1, item 2 of the Criminal Law of People's Republic of China (PRC), so he should be investigated for corruption. Defendant Zhou Zhijian confessed his crimes truthfully after he was brought to justice, and he can be given a lighter punishment according to the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC). I hereby request our court to make a judgment according to law.

Case facts

It was found through trial that the defendant had no objection to the above facts accused by the public prosecution, and had documentary evidence such as arrival process, household registration certificate, receipt, loan note, supporting materials and explanations, as well as the testimony of witnesses 1, 2, 3, 4, Liu and Guo.

Court view

We believe that the defendant Zhou Zhijian, as a national staff member, took advantage of his position to embezzle public property of RMB 430,708.63 during his tenure as deputy director of Lian 'an Business Office of Haifeng County Power Supply Bureau, which was huge, and his behavior constituted a crime of corruption. The public prosecutor accused the defendant Zhou Zhijian of this crime, and our court supported it. Defendant Zhou Zhijian confessed his crimes truthfully after he was brought to justice, and he can be given a lighter punishment according to law. According to the criminal facts, nature, circumstances and the degree of harm to society of the defendant Zhou Zhijian, according to the first paragraph of Article 382, the second paragraph of Article 383, the first paragraph of Article 64, the first paragraph of Article 52 and the first paragraph of Article 53 of the Criminal Law of People's Republic of China (PRC), and the second paragraph of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery,

Case results

1. Defendant Zhou Zhijian was convicted of corruption, sentenced to four years' imprisonment and fined RMB 200,000.

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from May 20 17 to May 202 16. The fine is limited to one-time payment within ten days from the second day after the judgment takes effect).

2. The defendant Zhou Zhijian's criminal proceeds of RMB 430,708.63 have been recovered.

If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Shanwei City, Guangdong Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.