Sentenced to 13 and a half years in the final trial for the crime of accepting bribes and the crime of having huge amounts of property of unknown origin

Zhang, 69 years old this year, retired from the post of director-level researcher of the Transportation Command Center (Transportation Bureau) of the Ministry of Railways in December 2005. Eight years after his retirement, at the end of July 2013, Zhang received a call from the Anti-Corruption Bureau of the Beijing Railway Procuratorate. Zhang's crimes of accepting bribes from others and having huge amounts of property of unknown origin were verified one by one. Recently, Zhang was sentenced to 13 years and 6 months in prison by the final trial of the court, and the 200,000 yuan in bribes seized in the case and the illegal income of more than 6.13 million yuan were confiscated.

Accepting bribes by abusing power

The court found out that in June 1999, the polymer composite material inclined wedge main friction plate jointly developed by Zhuzhou Haitian Engineering Plastics Industry Co., Ltd. and Zhuzhou Rolling Stock Plant and produced by Haitian Company applied to the Ministry of Railways for technical review. On behalf of the Freight Car Division of the Ministry of Railways, Zhang organized an expert review, and Zhang drafted the document. On June 29, 1999, the Freight Car Division of the Ministry of Railways issued a document approving the technical review of the polymer composite material inclined wedge main friction plate produced by Haitian Company and agreed to put it into production. In 2003, Zhang organized an expert review on behalf of the Freight Car Division of the Ministry of Railways, and Zhang drafted the document. The Ministry of Railways Transportation Bureau announced the technical conditions of the polymer composite material inclined wedge main friction plate.

From 2000 to 2005, Cao (who has been sentenced), the former chairman of CSR Changjiang Vehicle Co., Ltd., and Zhao, the chairman of Haitian Company, gave Zhang 10,000 yuan each during the Spring Festival of 2000 and 2001, and 20,000 yuan each year from 2002 to 2005, for a total of 100,000 yuan.

As for the reason why he had given money to Zhang for many years, Haitian Company Chairman Zhao said after the incident that he wanted to thank him for the convenience he provided during the technical review process and also wanted Zhang to continue to help him in the future.

Investigation of the unknown source of huge sums of money

Zhang was initially investigated because the procuratorate received clues that the source of his huge amount of property was unknown. On July 23, 2013, Zhang took the initiative to go to the procuratorate for questioning after being summoned by the Anti-Corruption and Bribery Bureau of the Beijing Railway Transportation Procuratorate. He truthfully confessed the main criminal facts that his family property was significantly higher than his legal income and could not explain the source.

Zhang's family has a total of 5 properties, including two welfare houses on Erqi Theater Road, one of which was later sold, a welfare house on the West Third Ring Road that was allocated by his wife's unit, and a commercial house in Xizhimen and Yanqing. In addition, Zhang's family also has a property in Zhuhai, which is registered under the name of his wife Li. According to Zhang's account, when he bought this house in 2009, in order not to show off his wealth in front of relatives and friends, he specially found his brother-in-law to borrow 600,000 yuan, but he paid the money back not long after. In addition to the car and the house, Zhang's family also spent more than 3 million yuan to buy insurance for themselves.

After investigation, Zhang's family property is worth more than 15 million yuan. After deducting the 200,000 yuan in bribes and the 1 million yuan in loans, the legitimate income is more than 8 million yuan, and there is still more than 6 million yuan that cannot be explained from a legal source.

The certificate issued by the Personnel Department of the Ministry of Railways shows that from 1987 to Zhang's retirement, his salary income totaled more than 390,000 yuan, from 1981 to retirement, various subsidies totaled more than 30,000 yuan, and from 2005 after retirement to 2013 before the case occurred, his retirement salary totaled more than 510,000 yuan.

As for the unexplained source of the money, Zhang confessed after he was arrested that in addition to the salary of him and his wife, his family income also included the fees paid by the supplier manufacturers during his tenure as a senior engineer in the Equipment Department of the Transportation Bureau of the Ministry of Railways, when he organized meetings on behalf of the Transportation Bureau and organized relevant experts to formulate technical standards and technical specifications and review products. Zhang has been in charge of this work since 1975. He admitted that he did this as a normal performance of his official duties and should not charge the fees from the supplier manufacturers.

Verdict

Two crimes were punished together

Sentenced to 13 and a half years

After trial, the Beijing Railway Transportation Court held that Zhang, as a state employee, used his position to illegally accept property from others and seek benefits for others. His behavior constituted the crime of bribery. In addition, his family property and expenses obviously exceeded his legal income, the difference was particularly huge and he could not explain the source, which constituted the crime of huge property of unknown origin.

Based on this, the Beijing Railway Transportation Court made a first-instance judgment, sentencing Zhang to 10 years in prison for the crime of accepting bribes, and 5 years in prison for the crime of possessing huge amounts of property from unknown sources. It was decided to execute a fixed-term imprisonment of 13 years and 6 months, and to confiscate the 200,000 yuan in bribes and the illegal gains of more than 6.13 million yuan seized in the case.

After the judgment was made, Zhang appealed. Zhang believed that the original judgment had wrong criminal data for the crime of possessing huge amounts of property from unknown sources, and that the subject of this crime should be a state employee, and that he had retired in 2005, so the deadline for calculating the amount of relevant property should be before January 2005. In addition, Zhang also claimed that part of his income was review fees, which should not be considered illegal gains.

After the second trial, the Beijing Railway Transportation Intermediate Court held that Zhang's property and expenditures clearly exceeded his legal income, and the difference was extremely huge. Zhang failed to explain the source of the difference, and the criminal state of huge property with unknown sources continued. The original judgment was not improper in calculating the deadline for the amount of his family property.

Recently, the Beijing Railway Transportation Intermediate Court made a final judgment on the case, dismissing Zhang's appeal and upholding the original judgment. Morning Post reporter He Xin

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