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Qinlei Cheng Kam check all Chinese Commercial News reporters Zhou Maomei and Sun Zhaoyun Core Tip Court admissible conviction Guanyin appraisal price 28,000 yuan, Inlaid Emerald Buddha is subjective bribery price 980 yuan. The reason why the adoption of 980 yuan,piumini woolrich, the court held that, at the time of taking bribes Hwang considers the value of jade is only 980 yuan, and based on the understanding of the Emerald Buddha pendant recipient, which just received 980 yuan subjective subjective intent, according to subjective and objective unity principle, should be 980 yuan jade Buddha pendant identify bribes. Piece of jade in the end how much value? ■ Court: 980 yuan,http://www.xuexiaodaili.cn/news/html/?5376.html. The court found that at the time of taking bribes Hwang considers the value of jade is only 980 yuan, which is only subjectively subjective intent to accept 980 yuan, 980 yuan shall identify bribes Jade Buddha pendant. Plus another one to identify the price determined Guanyin 28,000 yuan, and 20,000 yuan in cash, therefore the amount of bribes totaling 48,980 yuan. ■ Procuratorate: 35,000 yuan In case it is difficult to determine the invoice consistent with item, the price should be determined in accordance with the identification,http://115.28.139.81/home.php?mod=space&uid=1748, that is 35,000 yuan. Another thing that should be based on the invoice price Guanyin identified as 39,811 yuan, plus 20,000 yuan in cash, the amount of bribes totaling 94,811 yuan. Recently, Jin Jiang, vice president of state-owned enterprises Procuratorate indictment together bribery cases, people in addition to bribery charges 20,000 yuan in cash, but also received two pieces of jade. It is these two jade value judgment,http://www.thedesertmoonreview.com, there are different perceptions between internal Procuratorate, prosecutors and courts. The main differences lie in the amount determined, based on the amount of bribes jade hair fares, price or bribe people to identify the amount of explicit subject? Where the invoice amount is 58,000 yuan a piece of jade, the identification value of 35,000 yuan, but the invoice amount is displayed to bribe people but for 980 yuan. Court of First Instance to adopt 980 yuan, but this Procuratorate to lodge a protest. Chengdu Business Daily reporter found that, because the law is unknown, "Ya bribe" criminal justice in the amount determined to become a problem. Get a 35,000 yuan "Emerald" But produce 980 yuan invoice 2009, Huang served as a subsidiary of China National Pharmaceutical Group Corporation, China Biotechnology Co., Ltd. (which is state-owned enterprises), deputy general manager. In early 2011, Zhu bribe people to seek help and take care of Hwang, in the street outside the company after giving Hwang cash 20,000 yuan. During 2012 to 2013, Mr. Han bribery to seek care, twice presented two jade pendant to Hwang. Among them, in October 2012, Mr. Han in Hwang's office, give Hwang a "Guanyin" jade pendant (invoice amount is 39,louboutin soldes femme,811 yuan, 28,000 yuan identified value), the box has a tag, warranty card and invoice. Hwang believes something precious, let Mr. Han will Guanyin away, after persuasion by Mr. Han, Hwang received the Guanyin. Before and after the Spring Festival in 2013,http://0c38.cn/news/html/?2340.html, Mr. Han Chen commissioned employees in Chunxi Jinguancheng Silver House bought two jade Buddha pendant, a cheaper, one more expensive "Phyllostachys Jade Buddha." To facilitate accepting Hwang, Han will invoice and cheap Emerald Buddha pendant jade Buddha pendant expensive mix together, donated Hwang. Hwang bribery in their office presented a piece of "Inlaid Jade Buddha" 18K gold jade pendant (invoice amount is 58,000 yuan, 35,nike tn pas cher,000 yuan identified value), when the gift, bribe people to show to display the invoice amount Hwang It is 980 yuan. A few days after the receipt of the Emerald Buddha pendant, Hwang Han to contact his office,http://bowling.s52.xrea.com/i/epad/epad.cgi?res=3252, the Buddha returned to the Han. A month later, Mr. Han went to Hwang's office, under Mr. Han's persuasion, Hwang again to accept the Emerald Buddha. Hwang received into the office drawer, placed in office after the safe. To 980 yuan sentencing Court sentenced to 3 years imprisonment In handling this process from the bribery case, the two jade pendant amount Hwang bribery differences emerged: Guanyin invoiced 39,811 yuan, 28,000 yuan price appraisal; Inlaid Emerald invoiced 58,000 yuan, 35,000 appraisal price Yuan, when the invoice price is 980 yuan bribe. "In the pre-indictment, prosecutors identified internal prices also had their differences, but ultimately determined to identify the price of bribery price this proposition." Prosecutor handling the case, the Procuratorate inside, advocates reason in order to determine the amount of the invoice amount of bribes that jade quality ornaments purchased in regular stores, the invoice value is the amount of money stated offeror expenditure, in order to determine the most simple and accurate. Currently, for determining the value of jade, the existing accreditation bodies do not already have sufficient authority on the grounds of bribery claims in order to identify the amount of the price is, the business sales prices vary widely, does not reflect the objective value of jade, can easily lead Different cases of sentencing Jiqingjichong. Relatively speaking, the appraisal price is more reasonable, objectively reflect the real value is not clear in the standard case identification, should "favor of the defendant" point make a determination. For the price differences between the two items, the Court of First Instance, after hearing the final admissible: Guanyin price of 28,000 yuan for the identification, Inlaid Jade Buddha subjective bribery price 980 yuan. The court held that, combined with the facts, at the time of taking bribes Hwang believed that jade is only 980 yuan value, and based on the understanding of accepting the Buddha pendant, which only received 980 yuan subjective intent, according to the principle of unity of subjective and objective, it should be to 980 yuan jade Buddha pendant identify bribes. Prosecutors said Hwang bribes pronounced its verdict as follows: Guanyin to identify price determined as 28,000 yuan, Jade Buddha is 980 yuan,http://wjproducts.seesaa.net, plus 20,000 yuan in cash, a total of 48,980 yuan. Accordingly, the Court of First Instance sentenced Hwang to 3 years imprisonment, suspended for three years. Draws protest Prosecutors: to identify the piece of jade price determination should be 35,000 yuan Bribery sentencing standards: Personal bribes at 50,000 yuan but less than l0 million, at least 5 years imprisonment and confiscation of property; the circumstances are especially serious, life imprisonment and confiscation of property Personal bribes in more than five thousand dollars less than $ 50,000, at more than 1 year, 7 years imprisonment; if the circumstances are serious,piumini woolrich, more than seven years to 10 years imprisonment In this regard, JJ's Procuratorate pleaded drew Chengdu City Procuratorate protest. JJ Procuratorate that Guanyin should be made for the amount of bribes 39,811 yuan fare, Inlaid Jade Buddha should identify price 35,000 yuan of bribes. Prosecutor handling the case,http://xiebox.net/news/html/?162348.html, at present, the Procuratorate protest of advice: Guanyin should invoice price determined as 39,811 yuan, Jade Buddha to identify price determined as 35,000 yuan, plus 20,000 yuan in cash, a total of 94,811 yuan. Prosecutors handling the case explained, is so sure, because Guanyin invoice be given to Hwang, the offeror's actual expenditure and Hwang bribery intentions are invoiced amount. Invoices and other evidence in the case sufficient enough, should determine the amount of the invoice; and appraisal price adoption, the case should be limited to the invoice price can not be determined. For the Buddha, the prosecutor believes the price should be determined in order to identify the value, rather than to determine the invoice amount, because Hwang did not see 58,000 yuan of the invoice, but an additional 980 yuan invoice. In case it is difficult to determine the invoice is consistent with the goods, should be based on identification of price determination, that adhere to the "objectivism" in order to determine the actual value of the items bribes, so that is more conducive to the fight against crime, because of the difficulty in determining whether the subjective knowledge that people on bribery adhere to the "subjectivism", bribery is very easy to circumvent sanctions. Prosecutor handling the case described, different identification methods will have a greater impact on the final sentencing. Sentencing standards in accordance with bribes, personal bribes amount of 5 million but less than l0 million, at least 5 years imprisonment and confiscation of property; the circumstances are especially serious, life imprisonment and confiscation of property. Personal bribes in more than five thousand dollars less than $ 50,000, at more than 1 year, 7 years imprisonment; if the circumstances are serious, more than seven years to 10 years imprisonment. How this piece of jade is identified? We visited a number of jade trader stars Identification of the value of two jade is how baked? Prosecutor handling the case, prosecutors were commissioned by the Chengdu Product Quality Supervision and Inspection Institute authenticity identification, Jinjiang District Municipality price certification center price identification. Jinjiang District Municipality price certification center official told reporters in Chengdu Commercial Daily, with respect to the ordinary commodity, the price of jade is difficult to determine, is the so-called "Gold has a price but jade is priceless," not because of the price certification center professionals in the Prices identification, they passed a number of jade sales business survey from these businesses in the industry for many years, has a staff of relevant expertise for quality and other identification, and by comparing the price of similar products to make relatively reasonable market price identification comments. The whole process from the price certification center, two staff members, surveyed more than three businesses, mainly in the vicinity of Chunxi, businesses of all sizes have carried out a survey, which lasted more than a week. "Identification of personnel need to have the relevant professional qualifications, but also need to have qualified judicial appraisal." Sichuan equity forensic person in charge told the Chengdu Business Daily reporter Wang Xiaoling, you first need to identify work items qualitative varieties, such as antiques and paintings class, we need identification, jade artifacts class, we need it to identify the variety and quality of its authenticity. Wang Xiaoling said that compared with other identification, forensic institutions authenticity and value of art can be made together with identification. News Links "Ya bribe" the value recognized currently no legal provisions Many experts in criminal law and judicial staff, told reporters in Chengdu Commercial Daily, "Ya bribe" is not a legal concept of the word, but from judicial practice. In this regard, China University of Political Science Professor Hongdao De interview said that the current law does not define "Ya bribe", the value of identified issues such provisions. Reporter survey found that the judicial practice on the identification Ya bribe items are usually two ways, first identify the authenticity of the cultural relics department, or price, or the price department directly commissioned appraisal price,http://xssxy.cn/forum.php?mod=viewthread&tid=4580, and the other is the direct commission forensic institutions authenticity and value together with identification. The case is a direct commission price department conducted a price appraisal. Southwest University of Political Science Postdoctoral Fellow, Executive Director of the Law Firm Sichuan Hao Zhang Li said that if the same case, there has been inconsistent subjective and objective price situation,moncler outlet italia, according to the criminal law "consistent with the principles of subjective and objective" and CPL "Doubtful from No, doubt sin lighter "principle, courts should adopt a letter in favor of the defendant price, it is lower, not higher. Hongdao De pointed out that the amount of bribes should be identified in accordance with price determination, both in order to determine the actual value. (Original title: CEOs, "Ya bribe" a fixed penalty amount jade Yin Zhengyi)

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