Lawyer's character

"The following is the presentation of evidence and cross-examination. Do the prosecution and defense parties and the defendant have any new evidence to submit?" the presiding judge asked.

"No." All three parties said.

"It's up to the prosecutor to present evidence," the presiding judge said.

In addition to bank transfer records and proof of seized items and assets, the evidence cited by the prosecutor was the confessions and witness testimonies of Zhou Yingqi and Zhao Xiaojie, which all proved the facts of the case and were recognized by the defendant Zhou Yingqi. Fang Yi objected to the probative purpose of the evidence and believed that the money collected by Zhou Yingqi was not bribery money.

Before the trial, Fang Yi interviewed Zhou Yingqi. In order to obtain leniency, Zhou Yingqi could plead guilty and accept punishment in court. Because the nature of the relevant money was questionable, Fang Yi planned to take the risk to plead not guilty for her. However, Fang Yi made it clear that the chance of a not guilty plea being accepted was not high, and it mainly depended on the court's determination.

Zhou Yingqi knew that Fang Yi's move was for her sake, so she nodded and agreed to Fang Yi's defense plan.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The chief judge said.

"Presiding Judge, Judge: We believe that the defendant Zhou Yingqi is guilty of corruption for the following reasons:

...The defendant Zhou Yingqi took advantage of his position to provide help in Zhao Xiaojie's promotion and the handling of the fraud incident of the cultural project he was in charge of, and accepted a bribe of 8.18 million yuan; after that, he accepted Zhao Xiaojie's request and used As a result of his position, he provided business opportunities to Jiayue Company and received a payment of 300,000 yuan from Jiayue Company.

Although Zhou Yingqi and Zhao Xiaojie have a special relationship, we believe that the money Zhao Xiaojie transferred to the defendant Zhou Yingqi was all to thank him for taking care of him. Therefore, Zhao Xiaojie and Jiayue Company gave the defendant Zhou Yingqi 8.48 million yuan. , should be deemed as the amount of bribes accepted.

In view of the fact that the defendant Zhou Yingqi actively returned the stolen goods and pleaded guilty and accepted punishment, we recommend that the court sentenced him to fifteen years in prison. complete. "The prosecutor said.

Although Zhou Yingqi was mentally prepared in the dock, when the prosecutor announced the recommended sentence, her body still trembled and her eyes were filled with fear.

fifteen years! How many fifteen years can a person have? She is already in her thirties. In fifteen years, she will be like those old women on the street and in the park, old and yellow. No matter how beautiful the sunset is, it is still a sunset. Where will she go? Thinking of this, she couldn't help but whimper in her heart.

"The defendant Zhou Yingqi will defend himself." The judge said coldly.

"All the money I received from Zhao Xiaojie should not be considered bribes. Most of it was based on our relationship as lovers. He gave me living expenses and money to buy a house. There was no power-money transaction between us, and only one of them was One million and eighty-eight thousand was the fee he paid for me to work for him and get promoted..." Zhou Yingqi's mind was a little confused, and she tried her best to stay calm.

"Defendant Zhou Yingqi's defender expressed his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender believes that defendant Zhou Yingqi's acceptance of money from Zhao Xiaojie and Jiayue Company does not constitute the crime of bribery. The reasons are as follows:

1. The nature of the 8.18 million yuan received by the defendant Zhou Yingqi from Zhao Xiaojie should be regarded as funds to maintain the relationship between the two parties and should not be treated as bribes.

1. The nature of the 8.18 million yuan received by the defendant Zhou Yingqi from Zhao Xiaojie should be analyzed from many aspects such as the emotional background, economic dealings between the two parties, the correspondence between the entrustment matters and the property received. The transfer should not be regarded as The behavior was deemed as bribery.

2. According to the evidence provided by the procuratorial organ, the correspondence between the defendant Zhou Yingqi’s behavior of accepting money from Zhao Xiaojie and the matters entrusted by Zhao Xiaojie is not clear and clear. In view of the fact that there is a lover relationship between the two parties, and the personal property is mixed to a certain extent. , the financial exchanges between the two parties are also normal, and reasonable suspicion that the two are living together for the purpose of marriage cannot be ruled out.

3. According to the evidence provided by the prosecutor, the defendant Zhou Yingqi and Zhao Xiaojie had a romantic relationship for four years, and they were ready to live together. In view of the closeness of the two parties, the defendant Zhou Yingqi helped Zhao Xiaojie in his career promotion and accountability Although it may be suspected of violating discipline by providing advice, informing others, or even engaging in mediating activities, it is indeed human nature and there is no unfair interest.

4. According to the evidence provided by the public prosecution agency, the defendants Zhou Yingqi and Zhao Xiaojie did not subjectively regard the transfer as a transaction, but considered it to be a voluntary payment driven by emotional factors.

2. Defendant Zhou Yingqi’s acceptance of 300,000 yuan from Jiayue Company does not constitute the crime of accepting bribes.

The defendant Zhou Yingqi did not have the authority to help Jiayue Company obtain business from a technology company. Considering his close relationship with Zhao Xiaojie and out of emotional reasons, the defendant recommended Jiayue Company, run by his relatives Zou Jia and Zhao Yue, to the technology company. Both parties There is no improper interest between them.

Article 388 of the Criminal Law stipulates that state functionaries take advantage of the convenient conditions created by their powers or status, and through the conduct of other state functionaries in their duties, seek illegitimate benefits for the client, demand property from the client, or accept the client's property. Anyone who takes bribes will be punished.

Although the defendant Zhou Yingqi had violated regulations, the motivation for his behavior was entirely due to his close relationship with Zhao Xiaojie. There was no illegitimate interest and it did not comply with the above-mentioned legal provisions. Therefore, the defendant's behavior did not constitute bribery. complete. "Fang Yi said.

Fang Yi knew that his defense was somewhat weak in reasoning, but the prosecutor's defense was full of loopholes and was not much better than his own. However, as long as there is reasonable doubt and is not the only conclusion, the defense opinion is half the battle. The rest depends on what the court decides.

…

"The Municipal People's Procuratorate prosecuted the defendant Zhou Yingqi's bribery case. After a hearing, this collegial panel conducted court investigations and court debates, and listened to the prosecutor's accusations, the defendant's opinions, the defendant's defense and statements, and the defender's defense opinions. , the court trial is over. The trial is now adjourned, and the collegial panel will make a decision at a later date after deliberation. Take the defendant out of the court." After the presiding judge knocked the gavel, the court trial ended.

The presiding judge did not pronounce the verdict in court, and Zhou Yingqi and her family were still wondering what the court's final verdict would be.

After the case was transferred to the court, because Zhou Yingqi's bail pending trial had not yet expired, the Intermediate People's Court believed that Zhou Yingqi met the conditions for being released on bail pending trial, and therefore continued to be released on bail pending trial.

(Article 79 of the "Criminal Procedure Law" stipulates that the people's courts, people's procuratorates and public security organs may not release criminal suspects or defendants on bail pending trial for more than 12 months)