Liu Changchun and Zheng He Liang Huiqun had been detained by the procuratorate, which decided to arrest Liu Changchun last week.
According to informed sources, Liu Changchun was criminally detained by the procuratorate on March 1 1 2009. In addition to the title of director of Taizhou Land and Resources Bureau, Liu Changchun is also a famous writer in the local area. He is a member of Chinese Writers Association and China Calligraphers Association, and has published his works1.5000 words. In 2002, he won the Bing Xin Prose Award and the Third People's Literature Award. However, there are rumors that some of Liu Changchun's works are suspected of plagiarism, and some people say that he will "sponsor" his own work seminars in other places. On the afternoon of April 27th, 2065438+00, Liu Changchun, director of Zhejiang writers and former director of Taizhou Municipal Bureau of Land and Resources, who was widely concerned by the media, was sentenced to fixed-term imprisonment of 12 years by Xianju County People's Court of Zhejiang Province for accepting bribes, and his property was confiscated 10.
At the time of sentencing, Liu Changchun's expression was much calmer than the one with a beard and excitement at the trial two months ago. Yesterday, he specially shaved his long beard and appeared in court in a clean sportswear. Due to physical reasons, the court still proceeded from humanization and allowed him to sit in a chair and listen to the verdict after a few minutes. However, after reading the verdict of 18000, he felt unwell and was taken to the detention room by the bailiff and prison doctor to take oxygen and medicine.
The prosecution accused Liu Changchun of five counts of accepting bribes. From 1994 to 12, Liu Changchun became the "top leader" of Taizhou land management department. During his nearly 15 years as the "land king", he made profits for five real estate companies in handling the examination and approval of construction land, delaying the payment of land transfer fees, and not issuing land certificates in time, and illegally accepted the cash, real estate, paintings and other property of these bosses totaling 65,438+.
For these five allegations, Liu Changchun denied all the cash sent by the briber. For the so-called low-cost housing, I think I just bought a preferential price, and the difference is not a bribe. From 200/kloc-0 to 2007, he was accused of accepting paintings by Xu 10, the chairman of Gangtai Group, totaling RMB127,000, arguing that he and Xu had been friends for many years, and Xu also collected and appreciated calligraphy and painting under his influence. Calligraphy and painting are gifts exchanged for artistic appreciation, so it should not be regarded as bribery.
Defender presented evidence in court to prove that the prices and receipts of other similar commercial houses purchased by Liu Changchun in Tokyo Bay Community, the sales price and total payment receipt of commercial houses in fairview park, Du Ming were not lower than the sales prices of similar houses at that time. At the same time, the evidence of Liu's calligraphy plaque in Zhongshan Primary School, Times Business Hotel, Zhongshan Community and other places proved that the value of Liu Changchun's calligraphy works is an objective fact.
After two days of trial and a lot of investigation and evidence collection, the court finally found out that the procuratorate accused the defendant Liu Changchun of accepting bribes. Such as receiving 200,000 yuan in cash from Sun Mou, chairman of Fidelity Group Co., Ltd.; Li, the chairman of Times Real Estate Construction Group Co., Ltd., sent 654.38 million yuan in cash, Liang, the vice chairman, sent 5,000 yuan in US dollars, Liang bought 370,000 yuan of commercial housing in fairview park for Liu Changchun in his father's name, and Liang sent an oil painting (with an appraisal value of 20,000 yuan); The legal representative of Taizhou Zhonghai Real Estate Development Co., Ltd. Wang 5,000 yuan; In the name of his son, Liu Changchun bought a commercial house in Nanhui District of Shanghai from Gangtai Group at a price lower than the market price, and the difference of 64,000 yuan was also considered as a bribe.
At the same time, the court based on facts, taking the law as the criterion, and according to the principle of presumption of innocence, denied the following four facts that the procuratorate accused the defendant Liu Changchun of taking bribes.
First, the prosecution accused Liu Changchun of purchasing the property from Fidelity Group Co., Ltd. at a low price in the name of his nephew Zhang in March 2006, with a price difference of 6,543,800 yuan+7,000 yuan. The defense argued that the property of Tokyo Bay Community developed by Fulda Group was not completed on March 6, 2006, and it was obviously unfair to take March 6, 2006 as the benchmark date for price evaluation. The court held that it was a fact that the Tokyo Bay Community was not completed and accepted on March 6, 2006, so the sale of commercial housing in March 2006 was not an existing home sale. The appraisal method of the property by the price appraisal department is the appraisal conclusion made by the market method and expert consultation method, and it is not stated whether it is the sale price of existing houses or the pre-sale price of commercial houses. According to the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Bribery, the amount of bribes is calculated according to the difference between the local market price and the actual payment price at the time of transaction. Buying goods at preferential prices according to various preferential trading conditions set by commodity operators in advance does not belong to the crime of accepting bribes. Moreover, according to the evidence submitted by Liu Changchun's defender in court, there is no obvious difference between the house price of Tokyo Bay Community purchased by Liu Changchun and the sales price of similar commercial houses. Liu Changchun paid 4332.27 yuan per square meter, and the other two houses were 4288.7 yuan and 443 1.99 yuan respectively. Therefore, the evidence that the public prosecution agency accused the defendant Liu Changchun of purchasing from the trustee at a price significantly lower than the market price of 6,543,800 yuan+0.7 million yuan at the time of the transaction is insufficient and will not be recognized.
Second, the defendant Liu Changchun accepted the fact that Liang helped him to buy Room 30 1 Building in fairview park. The prosecution alleged that Liang paid all the house payment for him, totaling RMB 370,756,600. According to the price evaluation, the market price of the commodity house at that time was RMB 568,345,000, that is, RMB 598,654, 380 yuan +0.23 million, plus various supporting fees. The court held that the amount of the house that the defendant Liu Changchun accepted bribes should be calculated according to the actual value of the house at the time of acceptance. The briber Liang and the defendant Liu Changchun's intention to accept the house means that the briber is accepting the house, but the briber's intention means that the amount of bribes is the payment consideration of the house. Taking the appraised price as a reference, the consideration is 370,756 yuan actually paid by the briber, so it is more appropriate to determine the amount of bribes taken by the defendant Liu Changchun.
III. The prosecution accused Liu Changchun of accepting Xu's calligraphy and painting 10. The court held that in seven years, Liu Changchun accepted Xu's calligraphy and painting 10, and Liu gave Xu four calligraphy works. Liu argued in court that famous works such as Lu were given to Xu; On April 13, 2009, Xu personally explained that Liu Changchun sent text for fun and communication. Therefore, it has certain mutual gift and communication. The evaluation results show that the defendant's calligraphy works are not traded in the market, and according to the strength of Liu Changchun, a member of China Writers and Calligraphers Association and chairman of Taizhou Calligraphy Association, his works are not worthless. Moreover, the calligraphy plaques of Liu Changchun in primary schools, residential quarters and hotels presented by defenders show that Liu Changchun's calligraphy works are recognized and have certain value. Therefore, the evidence provided by the public prosecution agency cannot rule out the possibility of appreciation and exchange of artistic works, and the defects determined by the benchmark date of price evaluation lead to the uncertainty of price conclusion. Therefore, it is found that the nature of Liu Changchun's behavior of accepting Xu's paintings and calligraphy and the amount of the charges are insufficient, so it is not recognized.
Fourthly, the prosecution accused Zhou, the general manager of Taizhou Yuhong Real Estate Development Co., Ltd., of giving Liu $5,000 when he went abroad in the second half of 2000. The fact that Liu Changchun left the country in the second half of 2000 cannot be reflected in the country's entry and exit records, and this part of the evidence can't be proved, so the court refused to recognize it. Liu Changchun upheld the original judgment in the second instance. During his tenure as director of Taizhou Municipal Bureau of Land and Resources, Liu Changchun sought benefits for a number of real estate companies in handling the examination and approval of construction land and land certificates, and illegally accepted property from owners of real estate companies, totaling more than 750,000 yuan and US$ 6,543,800,000. On April 27th, Liu Changchun was sentenced to fixed-term imprisonment of 12 years by Taizhou Xianju County People's Court for accepting bribes.
Subsequently, Liu Changchun filed an appeal, claiming that his guilty confession was made under the condition of extorting a confession by torture, and the original judgment found the facts wrong; Moreover, there are obvious jurisdictional problems in this case, and he is required to be acquitted.
At the same time, the procuratorial organ also lodged a protest with the Taizhou Intermediate People's Court on the grounds that the Xianju County People's Court failed to identify four charges of accepting bribes against Liu Changchun or that some of the charges were wrong, resulting in a lighter sentence.
After the trial, Taizhou Intermediate People's Court held that the original conviction and applicable law were correct, the sentencing was appropriate and the trial procedure was legal. Therefore, the appeal and protest were dismissed according to law and the original judgment was upheld.