Original title: Jiangsu Yancheng "vice president of the Tribunal for the husband shouted injustice" concluded: the court responded three queries
In June 11th, Wu Xiaodong, the former deputy mayor of Dongtai, Jiangsu, who received much attention, was sentenced in the first instance.
The intermediate court in Yancheng City, Jiangsu Province, declared that Wu Xiaodong used his post to seek benefits for other people, accepting bribes of 1 million 333 thousand yuan, sentenced to 6 years in prison, and penalized 400 thousand yuan.
After hearing the verdict, Wu Xiaodong in Court changed his smiling expression and emotion when he entered the courtroom. Defense lawyers and family members referred to Wu Xiaodong's meaning that Wu refused to accept the verdict and would appeal.
Wu Xiaodong's bribery case has aroused widespread concern in the society because of the "judge's wife's calling for a wrong husband". Wu Xiaodong's wife, Shi Yue, is vice president of the criminal court in a place in Yancheng City, Jiangsu. After the Wu Xiaodong incident, Shi Yue released a lot of "injustice" articles in micro-blog and other online space, and caused the concern of many media.
Www.thepaper.cn reporter listened to some of the trial and public sentencing.
The reporter noted that, in view of the three major issues of Wu Xiaodong's bribery case, reflecting and paying high attention to the families of the parties concerned, such as whether there is an illegal evidence collection during the investigation, whether the 1 million 300 thousand yuan placed at the wife's cousin is able to constitute the stolen money and whether the act of receiving the money after the transfer constitutes a bribe, and so on, the court is in the trial process. Detailed explanations were given in the first instance and the first instance judgment.
The judge's wife sent a post to "cry out"
Dongtai is located in the middle of Jiangsu coast. It is located in the southern gate of Yancheng, a coastal city. It is also the most developed county in Yancheng City.
Wu Xiaodong, 47, is a cadre who has grown up locally. Related materials show that Wu Xiaodong graduated from Nanjing Power Institute and was a teacher in his early years. He stepped into the official career by the Deputy Secretary of the municipal Party committee of the Dongtai regiment and served as the leader of the township party and government for a long time.
In November -2016 September 2012, he served as deputy director of the Dongtai Coastal Economic Zone Management Committee and Deputy Secretary of the Party Work Committee. It also served as the Secretary of the Party committee of Hong Kong and Hong Kong, the director of the Dongtai Coastal Economic Zone Management Committee and the party work committee secretary.
In May 2016, Wu was elected as a member and deputy mayor of the Dongtai municipal government. He served as secretary of the Work Committee of the Dongtai coastal economic zone.
A year later, Wu Xiaodong was examined for serious violation of discipline. In June 2017, Wu Xiaodong was investigated by the people's Procuratorate of Yancheng City, which means that this case has entered the judicial process.
In February 15, 2018, the thirty year of the lunar new year, deputy director of the criminal court in Yancheng City, Shi Yue, issued a long micro-blog, "for his husband, Wu Xiaodong."
Is there any illegal evidence in the investigation?
"Because of corruption and degeneration, they are not only ashamed of the organization, but also the party leaders in the minds of the people in the image of the black." During the investigation of procuratorial organs, Wu Xiaodong wrote in the book of repentance.
The investigation was terminated by the procuratorial organ, and the case was transferred to the prosecution in October 2017. During the period, the period of examination and prosecution is extended for half a month.
In March 5th this year, the Yancheng City intermediate people's court held the first hearing of Wu Xiaodong's bribery case, mainly investigating whether there was "illegal collection of evidence". The court said Wu Xiaodong had a full opportunity to speak.
Wu Xiaodong overthrew the guilty confession during the investigation, and said that the book of repentance was written in accordance with the mouth of a prosecutor at the point of the Commission. He believed that he was in the period of "double regulation", so the "repentance" could not be submitted to the court as evidence.
Wu Xiaodong claimed that the Discipline Inspection Commission and procuratorial organ had tried to deal with their fatigue, corporal punishment and ill treatment, and also increased their charges and threatened their wives with "double regulations".
Mr. Wu, a lawyer of Wu's defense lawyer and the lawyer of the Beijing Guan Tao (Nanjing) law firm, told the news that he had submitted the application for the exclusion of illegal evidence to the court before the first court, and applied for the inquiry, the book of repentance, and the testimony of 13 witnesses during the investigation.
In the court hearing of March 5th, Wu Xiaodong's defense counsel submitted a group of witnesses' testimony. Among them, Cui, who had made bribery testimony, claimed that he had increased the amount of bribe to 40 thousand yuan under the "threat" of investigators.
After that, the court dismissed the application to exclude illegal evidence. After investigation, the court of first instance held that Wu Xiaodong's testimony and testimony were collected in accordance with the law. There was no interruption of audio and video recording during the investigation. There was no language threatening intimidation.
The court of first instance said that the recordings and videos of the interrogation and criminal detention during the period of the summons and criminal detention did not find the investigators having a confession, a confession and a threat to the defendant, Wu Xiaodong, and the records were recorded in accordance with the account of Wu Xiaodong's account.
The court of first instance said that relevant evidence confirmed that Wu Xiaodong had undergone physical examination before he entered the detention center and had no injuries. At the same time, there is no evidence to prove that there is a fatigue trial.
The court of first instance also indicated that the testimony formed during the investigation during the investigation was obtained by the investigative organs in accordance with the law, and the contents of the witness' testimony and the other evidence in the case could be confirmed by each other. Therefore, the court did not accept Wu Xiaodong and his defense counsel's opinion on excluding illegal evidence.
Does 1 million 300 thousand yuan belong to the stolen money?
The file shows that in July 25, 2017, Wu Xiaodong confessed to the procuratorial organ, the money he received in the form of cash, in the form of his wife's cousin Deng, when he said to Deng, "is a friend's money", this matter did not tell his wife, "afraid she worried."
On the second day, Wu Xiaodong was taken to the detention center of Dafeng District in Yancheng City for criminal detention. He wrote a note and entrusted the investigation agency to Deng.
The paper contents are as follows: "I have come to the procuratorial organ now, the money that is stored in your name in the name of a friend in the last few years. If it is convenient, the trouble is refunded according to the request of the procuratorial organ. If you have difficulties in business, see if my sister can take some, give you trouble!"
Deng Moumou is the owner of a local agricultural machinery company in Dongtai. The file shows that Deng Mou to the procuratorial organ said that Wu Xiaodong divided 1 million 300 thousand yuan three times in his place, the two sides did not agree on interest, Deng mainly used the money in the daily use of goods.
However, Deng made a proof after he made the testimony of possession of stolen goods. Deng Moumou said that his testimony in the procuratorate was "false", and it was acquired by the relevant personnel in order to check the company's operating behavior.
Wu Xiaodong's defense lawyer, Zhong Ruoxin, said that Wu handed the bribe in cash to Deng, and then put a large amount of cash at home first, and then used it for the purchase and registration of the company, which did not match the facts.
Zhong rushin said to the surging news that Deng's testimony was that the purchase was bad money, so he borrowed money from Wu Xiaodong. But after consulting the bank's running water, it found that its operating capital was abundant. And his payment and sales return all through the bank, its purchase and sales records and bank flows to each other confirmed, Deng Mou business process of no use of cash habits.
The court of first instance found that Deng's testimony at the stage of investigation proved that the 1 million 300 thousand yuan placed in his place was not accounted for by Wu Xiaodong, and that the import and use of the money could not be reflected from the account, so the materials submitted by the defense lawyer were not related to the whereabouts of the stolen money.
At the same time, Wu Xiaodong's testimony in the investigation stage was verified with Deng's testimony. Therefore, Wu Xiaodong should deposit the bribe money somewhere in Deng.
Do you still receive money after leaving the post?
After the first instance court, Wu Xiaodong received 1 million 333 thousand yuan bribe, from 16 units or individuals, the amount of bribes less than thousands of yuan, tens of thousands, the largest amount of the sum of up to 300 thousand yuan.
According to the Dongtai coastal economic zone related people said that Wu Xiaodong to be the deputy director of the District, to assist in the overall work, so the area of the project is basically signed by him. After he was promoted to the Secretary and director of the Party Working Committee of the District, he signed the project funds. The loan application of the construction unit also needs to be signed by the Secretary and director of the Party Working Committee, so that the construction unit can be borrowed.
The indictment shows that among bribes, Wu Xiaodong has 9 people for the purpose of borrowing, paying for the project and lending funds. Among them, in the six road reconstruction project in Dongtai, the deputy general manager of a company in Dongtai was taken care of for the payment of the project funds and gave Wu Xiaodong 80 thousand yuan.
In this regard, the defense lawyer said the project was completed and accepted in August 2012, and in August 30, 2012, Wu Xiaodong was transferred to the Deputy Secretary of the Party Work Committee of the Dongtai coastal economic zone and the deputy director of the Committee of the management committee, as well as the Secretary of the Party committee of the town. The defense counsel believes that the project has been accepted, and it is not reasonable to give money to the newly arrived officials.
The first instance court heard that although the main project was completed in August 2012, some houses were completed in October 2013. During this period, the middle link of Wu Xiaodong's approval was indispensable. Mr. Zheng, the briber, was responsible for the project, which involved about 27000000 yuan of the project. The project didn't settle until December 2016. The two time of the money delivery occurred before the Spring Festival in 2013 and 2014, after Wu Xiaodong arrived.
What puzzled the defense counsel was that Wu Xiaodong was accused of receiving a "40 thousand yuan" premium in the "real stone paint" project in Fuan Town, Dongtai. He Mouming asked for Wu's time to issue the project EIA procedure, but after Wu was transferred from Fuan Town, Dongtai.
The first instance court responded that Mr. Ho Ming's project belonged to "buying tickets after getting on the car first". During Wu Xiaodong's job in Fuan Town, he had started renting the plant, equipment and production. When Wu Xiaodong accepted bribes and accepted the request, Wu Xiaodong had not left Fuan town.
Editor in responsibility: Yu Pengfei
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