Too Bad I Take Things Seriously

"Dong..."

Accompanied by the sound of the gavel hitting.

The second round of the mock trial officially commenced.

"Please, the prosecutor speak first."

The Judgment Chief glanced at the audience below and slowly spoke.

The other judges exchanged looks.

They began to carefully observe the performance and conduct of both sides in this trial.

𝑓𝑟𝑒𝘦𝓌𝑒𝑏𝑛𝑜𝘷𝑒𝘭.𝒸𝘰𝑚

This case is quite special.

It involves a recurring cycle, entangling several individuals.

Zhang San, Li Si, Wang Wu, Zhao Liu.

It includes crimes such as occupational crimes, dereliction of duty, and non-payment crimes.

"Judgment Chief, fellow judges."

At the prosecutor's seat.

The lawyer from Liuzhou took a deep breath and stepped forward: "We received a report, and it has now been determined that Zhang San bribed Wang Wu, a bureau chief of a certain public security agency, with two hundred thousand yuan in an attempt to establish connections and compel a certain school principal, Li Si, to pay for construction fees."

"Later, Wang Wu called Zhao Liu, a bureau chief of a certain education agency, and paid the latter one hundred thousand yuan. The latter helped resolve the payment for the construction fees."

"In this process, Zhang San's act of bribing two hundred thousand yuan constitutes the crime of bribery. We recommend sentencing him to one year of imprisonment, with a two-year probation period."

"Wang Wu, as a state official, accepted bribery and also introduced Zhao Liu to accept bribery together, helping to facilitate connections, which constitutes the crimes of bribery and introducing bribery. We suggest sentencing him to five years of imprisonment."

"Zhao Liu, as a state official, accepted bribes and sought improper benefits, constituting the crime of bribery and abuse of power. We suggest sentencing him to seven years of imprisonment."

"Li Si withheld the construction payment, and..."

The lawyer from Liuzhou stood tall and spoke loudly.

Presenting the sentencing recommendations they researched.

According to the criminal law.

For the crime of bribery, the punishment is imprisonment of less than five years or detention, and fines;

If the bribe is for obtaining illegitimate benefits, which are serious, or if state interests suffer significant losses, the punishment is imprisonment of five years or more but less than ten years, along with fines;

If particularly serious circumstances exist, or state interests suffer particularly significant losses, the punishment is imprisonment of ten years or more, or life imprisonment, along with fines or confiscation of property.

Zhang San's behavior does not constitute serious circumstances.

Nor did it cause any loss to state interests, therefore the sentencing recommendation is one year, with a suspended execution.

The reason for not imposing a real sentence.

Is because Zhang San's actions, strictly speaking, are still within a reasonable scope.

After all...

He was trying to recover construction fees, which is legally justifiable.

But giving gifts to a state official is clearly an illegal act of misconduct.

It should be punished.

As for bribery sentencing under the criminal law.

For large amounts of bribery or other severe circumstances, the punishment is imprisonment for less than three years or detention, with fines.

If the amount of bribery is huge or there are other serious circumstances, the punishment is imprisonment of three years or more, but less than ten years, with fines or confiscation of property.

If the amount is particularly huge or there are other particularly severe circumstances, the punishment is imprisonment of ten years or more, or life imprisonment, with fines or confiscation of property.

If the amount is particularly huge and causes particularly significant losses to the interests of the state and people, the punishment is life imprisonment or the death penalty, with confiscation of property.

This crime can carry the death penalty at its maximum.

But unless it involves embezzling billions or tens of billions, it is usually not sentenced to death.

In the case of the public security bureau's Wang Wu, he received two hundred thousand yuan but gave ten thousand to Zhao Liu.

This presents a judgment problem.

Did Wang Wu receive two hundred thousand, or was it ten thousand?

Because...

According to relevant judicial interpretations, the standard for a "large amount" is thirty thousand or more, less than two hundred thousand.

And amounts over two hundred thousand are considered "huge amounts."

Amounts exceeding two hundred thousand naturally include two hundred thousand.

The sentencing for large amounts is less than three years.

The sentencing for huge amounts is more than three years but less than ten years.

The difference is significant.

This is an error often made by many young lawyers.

The crime of bribery is determined based on the actual benefit obtained by the bribe receiver, and the transferred benefit cannot count as the actual benefit.

Therefore.

Wang Wu can only be regarded as having accepted bribes of ten thousand and cannot be sentenced based on two hundred thousand.

But...

Wang Wu has another act, which is the crime of introducing bribery.

He gave the money to Zhao Liu, a bureau chief of a certain education agency, who accepted the one hundred thousand yuan.

Criminal law stipulates that a person guilty of introducing bribery shall be sentenced to less than two years of imprisonment or detention. If introducing bribery to state officials and the circumstances are serious, less than three years of imprisonment or detention.

There are two forms of the crime of introducing bribery.

One is introducing bribery, meaning finding a target based on the intent of the bribery receiver, mediating, conveying the requests of the extortionist to the briber, introducing bribes to state officials.

The other is introducing bribery, meaning accepting the briber's commission, finding bribery targets, facilitating bribery channels, recommending bribery receivers, conveying bribery intentions, and delivering bribery items to the bribery receiver.

Clearly.

Wang Wu's behavior constitutes introducing bribery.

He accepted Zhang San's commission, gave Zhao Liu one hundred thousand yuan, facilitated bribery channels, and conveyed Zhang San's request.

And the amount was one hundred thousand yuan.

Particularly large amounts.

The circumstances are severe, sentencing is less than three years of imprisonment.

Two charges combined.

Multiple offenses combined, so they proposed a five-year sentence.

As for Principal Li Si...

Suspected of the crime of refusing to pay labor remuneration, sentencing range is less than three years of imprisonment.

Therefore.

They propose a sentence of two years imprisonment, suspended for three years.

"Boom—"

After the lawyer from Liuzhou finished explaining.

The Judgment Chief looked at Qin Mu and Zhang Wei and asked solemnly, "Does the defendant's lawyer have any responses to the prosecutor's charges just now?"

Zhang Wei heard this and couldn't help but swallow.

From obtaining the case topic to now...

It's been only about an hour.

The time was too rushed.

He is still in a state of confusion.

Really couldn't sort out any clues.

He had to turn his gaze to Qin Mu.

Fortunately...

Qin Mu's face remained calm, seemingly unfazed, appearing confident.

Qin Mu took a step forward.

Said slowly, "Judgment Chief, we believe… the opposing party's accusations just now contain clear errors in legal interest."

Zhang Wei blinked.

Stunned for a second.

For a moment, he didn't understand the meaning of Qin Mu's words.

At the same time.

The five lawyers on the prosecutor's seat furrowed their brows, also full of confusion.

"Firstly, the opposing party accuses our client Wang Wu of accepting two hundred thousand, helping Zhang San pass through connections to introduce bribery, but our client Wang Wu utilizes only his factual authority as a director!"

Qin Mu smiled slightly, then eloquently continued, "To exercise authority that constitutes a crime, there must be the condition of seeking improper benefits."

"What he sought for Zhang San was overdue project funds, which are legitimate interests, supported by the law."

"Therefore, his act of taking money to help is not criminal!"

After a round of debate.

Qin Mu's voice echoed in the mock courtroom.

A stone stirred a thousand waves.

The complexion of the five lawyers from Liuzhou suddenly changed dramatically.

They are all top lawyers.

Reacted extremely fast.

Factual authority!

Just these four words made them realize their problem lies.

State agency staff have two types of authority, one is statutory authority, the other is factual authority.

Statutory authority refers to the power within their scope of duty.

Factual authority refers to the power that exists due to their influence of authority.

Obviously.

Wang Wu used neither statutory authority nor did he use the power of the public security agency, but found the director of the education agency Zhao Liu.

And because of the act of helping Zhang San recover project funds...

It is not an improper interest.

Thus.

Wang Wu is not criminally liable.

"Similarly, Zhang San giving Wang Wu money also does not constitute a crime."

Immediately.

Qin Mu hit while the iron was hot and refuted, "Because the crime of bribery also seeks improper benefits, but Zhang San is merely looking to recover his project funds, which are interests supported by the law."

In just a few minutes.

He had separated two of their four clients.

Zhang San and Wang Wu, one for bribery, one for accepting bribes, but neither constitutes a crime.

Sounds outrageous.

But precisely so.

As long as it is legitimate interest, Wang Wu can accept as much money as he likes, as long as he does not use statutory authority.

As for Director Zhao Liu of a certain education agency...

He accepted money, did the work, and utilized his statutory authority.

And statutory authority constituting a crime can be for legitimate interests or for improper interests.

Thus Zhao Liu accepting money for work clearly constitutes the crime of bribery!

This is indisputable.

As for Li Si...

Owing project funds, refusal to pay, constitutes a crime of refusing to pay labor remuneration, which is a nail on the board.