and Hu's identity is not the staff of state organs.

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and Hu's identity is not the staff of state organs.

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Started 10 years ago by h8Sy8An4s

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 Xinyang, Henan businessman Hu Sicheng XingJu, based on the alleged embezzlement, and Hu's identity is not the staff of state organs. Debate chatter around the "embezzlement" to start criminal subject,http://home.cnsifa.net/home.php?mod=space&uid=96965, as "public funds" Using human , was first detained in criminal cases are rare. Several major elements in our judicial practice, constitute the crime of embezzlement of public funds has been controversial joint mining puzzle behind the case, or will in the future explore judicial embezzlement of public funds to provide the best model The rule of law Weekend reporter Liang Not long ago, the message in Pingqiao District Xinyang City, Henan Province minggang, real estate businessman was detained become the town's headlines, the focus is the hot streets: Detention is based alleged embezzlement,hogan outlet, and Hu's identity but not the staff of state organs. In accordance with basic legal knowledge, a simple logic is deduced people --- a non-state public officials how could embezzlement? It has also become the largest Hu Sicheng doubts. This question also appears in Pingqiao District Politics and Law Committee and the party committee propaganda department, their guess is that the case should not simple. Even in the case of sponsored Pingqiao District Prosecutor's Office, a staff member also said that if it is not national staff, should be subject embezzlement and inconsistent, but "does not exclude special circumstances." This "special circumstances" to accept the "rule of law over the weekend" reporter interviewed Pingqiao District Procuratorate Xiong Jianzhong mouth confirmed: Hu Sicheng alleged embezzlement case belong to an accomplice, even if the identity of the non-national staff, it is possible to "misappropriation public funds "punished. But the paradox is that said before and after him XingJu, never heard of government staff with the case related to the investigation to be controlled, that is to say, Hu that the case only "accomplice", but no "culprit." said in an interview at the time, "principal" has been on file for investigation, but the investigation has not been concluded,http://www.gsuw.cn/home.php?mod=space&uid=504214, more case disclose. Debate chatter around the "embezzlement" to start criminal subject,http://www.7sea.cc/bbs/home.php?mod=space&uid=128914, as "public funds" Using human , was first detained in criminal cases are rare. Several major elements in our judicial practice,http://www.weiqike.com/ooo/home.php?mod=space&uid=56618, constitute the crime of embezzlement of public funds has been controversial joint mining puzzle behind the case, or embezzlement of public funds for the future exploration of Justice to provide the best model. 300,000 yuan into the fuse Around at 18:00 on September 25, in minggang Liuwan road construction, was suddenly taken away Pingqiao District Procuratorate. Pingqiao District Prosecutor's Office in the interrogation room, after being questioned late into the night, Hu Sicheng finally understand yourself involved charges of "embezzlement." It made him feel strange, he thinks his identity and the charges do not detached. The next day, was brought handcuffed Pingqiao District Xinyang City Fourth People's Hospital physical examination. In the crowded hospital, Hu Sicheng feel "no face", to see an acquaintance also shed tears. Half an hour later, was sent Xinyang City Second Detention Center. Moist environment inside cramped let successful local entrepreneurs who feel tortured. "Live the rest of my life, how I did not expect to live in this place." 55-year-old say "rule of law over the weekend" reporter. September 28 afternoon, the son of Hu Chao Hu Sicheng to Pingqiao District Prosecutor's Office handled the bail formalities, the Hu Sicheng pick out from the detention center in just three days time, Hu Sicheng lost a lot. Three days to,hogan outlet sito ufficiale, a problem over and over again and always plagued Hu Sicheng: "Why can own a businessman 'embezzlement'?" Such suffer "unrighted wrong," the mood has been bothering him. A detail is that when he walked out of the detention center, managed staff to let him write a confession, he insisted not to write, said: "! Nothing sin, why write" tone also improve, said: "No, I do not go out! " Accidental. Hu Sicheng's involved experience, starting two years ago. May 2008, a rural Pingqiao District Inter highway project started issuing unit is Xinyang City Pingqiao District Department of Transportation, the successful tenderer Henan Wanli Communication Group Limited road works. The two sides agreed, shall be borne by the successful tenderer construction project start date of May 15, 2008, completion date of August 15, 2008. In the actual operation of the project, the said he undertake some of the projects, of which there is no written contract, is a verbal agreement. After independent construction period, capital gradually Zhouzhuanbukai. A time when the global financial crisis in 2008, rapidly rising raw material costs, a ton of cement hundred dollars on up. After the first Loaning more than two million yuan in cash, the next project for Hu Sicheng feel powerless. "In this case, we find the Pingqiao District Department of Transportation,nike air max pas cher, Department of Transportation want to be able to solve our actual construction side a few hundred million project payment arrears. Otherwise, the project had to stop work." said to "rule of law over the weekend" reporter , Department of Transportation leaders also hope the project can continue. Subsequently, "Department of Transportation workers to raise $ 300,000 to me by the Department of Transportation collection and payment of the way. I played IOU to the Department of Transportation, we agreed in November 2009 to raise funds will be returned to the people and the interest which the interest is 72,000 yuan. " This amount was not much the amount, but in the end stages of the project, but resolved the project due to a shortage of funds faced by the urgent needs of downtime. "This 300,000 yuan played a key role. We borrowed money in August, September on the completion." Husi Cheng said that in November 2009, Hu Sicheng transfer to 300,000 yuan by the return of the Pingqiao District Department of Transportation, and pay Interest 72,000 yuan in cash, "issued by the Department of Transportation also gave me a receipt." However, it is also money, has become an important basis for future prosecution investigation Hu Sicheng "embezzlement" in. Who "accomplice" I do not know the principal is Department of Transportation manages a staff of rural roads Pingqiao District confirmed that indeed lend 300,000 yuan, the money with interest has returned, "it is to raise funds for employees of." Hu Sicheng think that the money should not be counted as public funds, but individual workers raised funds, and that "only the borrowings Department of Transportation for a construction project, and not used for other business." "Subject most crucial point, and I 'embezzlement' does not match, no matter from which side, should not be counted as 'embezzlement'." he said. According to China's criminal law, embezzlement of public funds, refers to the national staff, taking advantage of his position, misappropriation of public funds for personal use, illegal activity, or embezzlement large amount, making activities, or misappropriation of large amount , more than three months without further actions. Chinese scholars generally believe that embezzlement of public funds is job-related crimes, are committed identity. But according to China's criminal law theory about the identity of offenders through said view may be composed of non-identity are guilty of complicity identity. Our criminal legislation this view also held a positive attitude. As in 1989, "two high" "on the implementation of <Concerning the Punishment of Embezzlement and Bribery Supplementary Provisions> Some answers to your questions," Article 2 (f) who states: "In the case of embezzlement of public funds for other personal use, use Man and misappropriation of collusion, instigation or get involved in the planning of misappropriation of funds, is a common criminal. " After the Revised Penal Code, the Supreme Court in 1998 issued "on a number of issues specific application of the trial of cases of embezzlement interpretation of the law," Article VIII also states: "The misappropriation of public funds for use by others, who use people and embezzlement conspiracy, instigated or participated in the planning misappropriation of funds made to embezzlement of public funds accomplice convicted and punished. " Pingqiao District Prosecutor's precisely this as the basis, initially identified Hu Sicheng suspected embezzlement accomplice, is above provisions "Using people." In the crime, the "use" and are bound to have as a state public servants "who misappropriated." But Hu Sicheng said: "In catch me around, I have not heard that the Department of Transportation who were on file for investigation." Pingqiao District Department of Transportation two sources also said not heard of a colleague being investigated. Xiong Jianzhong Attorney accept the "rule of law over the weekend" reporter, he said, there is the Department of Transportation staff have been on file for investigation. Since the investigation has not ended, so still it can not disclose the time and involved filing. A rare case Hu Sicheng concern is that even if there is "misappropriation" and are investigating, "misappropriation" and "the use of human" behavior could constitute a common crime of embezzlement? This identification is based in our judicial practice has been controversial. Professor of China University of Political Science Houguo Yun believes that an accomplice who constitute embezzlement of public funds use, it must be in the "conspiracy" of the premise, the implementation of the "instigate or participate in the planning," made embezzlement behavior. Among them, the "conspiracy, instigated or participated in planning" is identified as an accomplice prerequisite requirements, if do not have these elements, even with people knowing that there are acts of public money are still used, it was not identified as an accomplice. Houguo Yun believes that if only the executive branch to borrow money, and there is no "conspiracy, instigated or participated in the planning," they do not constitute complicity; another if their employees raised funds on "whether public money" finds also doubtful, and may even be or a civil lending practices; and also not lose sight of the administrative unit or issuing unit, an identity is the project "owner" in the case of a shortage of construction funds,scarpe hogan, lend money to the construction the construction side, this motivation should taken into account. According to Hu Sicheng revealed Pingqiao District Department of Transportation has also owed several hundred thousand dollars for projects outstanding. Experts suggest that prosecutors in dealing with cases of common crime of embezzlement of public funds, to carefully identified. Embezzlement from the previous hearing domestic judicial practice, the general conviction of embezzlement, and for other beneficiaries convicted and punished precedent rare. In 1999, there was filed together with the alleged embezzlement case investigation of the prosecution. Cases, the "misappropriation" and for the owners, a farming classics station, "using people" as the director of a rural credit cooperatives and credit unions for the sub-director for the repayment of loans, find farming classics station to borrow money, and to ensure that short-term within the payments. Later, the owners lend money to credit unions director, and get a loan credentials. Then, as has been unable to repay, they were reported, the procuratorial organs involved, investigators believe the two men made embezzlement conspiracy behavior constituted embezzlement of public funds. In adjudicating cases, cause the domestic scholars hot. Credit Union director crime generally surrounding whether to expand the debate, and ultimately, more views supported the Credit Union director of innocence. The reasons are: First, credit unions do not meet the director of the main crime of embezzlement; terms of accomplice to consider cases in which there is no prior director and webmaster complicity and involvement in the planning, there was no instigation, only one party borrowings, the other party agrees . Fully its view, there is no sufficient evidence to prove the existence of collusion, the behavior of the credit unions do not meet the director of the constitutive elements of crime of embezzlement. Hu Sicheng case and the case has similarities, but can refer the case is not much. "The court is not simple, very complicated situation behind." said, "We're investigating, we can not disclose more facts, all depends on the evidence." Notes dispute Pingqiao District Prosecutor's Office was in the first half of this year, because other cases been asked to investigate. In June 2005, minggang government and Pingqiao District has signed an agreement, agreed to develop matters minggang middle of the road construction. Town government commitment, after completion of the project,http://1973523.info/cgi/warp/apeboard_plus.cgi//��/\"/, the government co-reward Hu Sicheng 600,000. The contract also stipulated, the town government to give preferential Hu Sicheng handle urban construction procedures. said, construction procedures including the necessary engineering and construction permit procedures, land planning and land development permits, "according to the time of calculation of the standard, for supporting these procedures cost about 50 million." "As the reward after the completion of 60 million, we are supporting the costs payable over 50 million, the two sides discussed verbally, the two meet. After four years, the government no longer find anyone supporting fees I received, did not give me incentive fee. "Hu Sicheng said. After a lapse of four years, Pingqiao District Procuratorate Anti-malfeasance bureau involved in the investigation that this present supporting fee payable to loss of state assets, it would be for two staff minggang government for alleged dereliction of duty investigation, At present, the case has been prosecuted, the court is still in the trial stage. Prosecutor's Office in the investigation stage, said Pingqiao District Prosecutor's Office requested Xinyang City Ming Dragon Bay Real Estate Development Co., Ltd. ( legal representative), should ancillary costs 500,000 yuan deposit into the designated account. June 17 this year, Long Bay real estate companies will transfer 500,000 yuan into an account on Pingqiao District Finance Bureau designated subsequently, Pingqiao District Prosecutor's Office to Long Bay real estate company issued a cover of "Pingqiao District People's Procuratorate "seal of the bill, entitled" Henan confiscation of income unity ticket. " It is this bill so that Hu Sicheng doubts: The money belongs to the fines? Why go through the procuratorate's hand into the account District Finance Bureau? This is where the money goes? Xiong Jianzhong explained that the money was involved in two cases of dereliction of duty shall, in order to recover the loss of state-owned assets, the prosecution has the right to be withheld money involved, "is not a punishment, nor confiscated." "Although the ticket header says 'confiscation of income unified bill', but this is the area in the past financial instruments issued by the old, has been used. Strictly speaking, the bill does not name, using the 'confiscated' bills are not standardized, and actually withheld The money involved. " on the" rule of law over the weekend, "told reporters. According to "People's Procuratorate seizure, freezing of funds and materials involved in work rules," "People's Procuratorate seizure, freezing, handling money and property involved in legal instruments should be used to develop a unified Supreme People's Procuratorate," "prohibit May 9, 2010 issued by the Supreme People's Procuratorate Use 'decision to confiscate the book,' 'decision on a fine book', which do not comply with the provisions of the instruments seizure,http://eatm.w211140.fxdns.cn/home.php?mod=space&uid=811297, freezing, handling money and property involved, "" People's Procuratorate is responsible for the department of financial equipment seized funds and materials management department,http://news.rongshifu.com/home.php?mod=space&uid=88563, responsible for the seizure of money and property Unity except "as otherwise provided management laws and regulations. Hu Sicheng think that,woolrich outlet online,http://www.youcsky.com/home.php?mod=space&uid=28365, in addition to the temporary suspension procedures Procuratorate undesirable provisions, withheld the money is not payable Finance Bureau, but should be managed by the finance department of the prosecution. For this argument, Xiong Jianzhong said, according to regulations, in order to strictly implement the "expenditure", withheld funds on the financial sector should be paid into the account, not put Procuratorate on their own account, after the end of the trial procedures, You can decide the fate of withheld funds. Xiong Jianzhong further explained, in that case, "matching fees and reward money offset" argument untenable, "This is actually two lines should have complete formalities, and now we found less support fees payable money. As costs 600,000 yuan reward promised by the Government did not give the enterprise, companies can separately sue the government, ask for incentive fees, and ancillary costs of the criminal case does not matter. " Beijing Kyoto law firm, has served in the Supreme Court Criminal Division for 10 years of trial work Xuandong believes that the prosecution should be done to protect state property is within the mandate, but not to infringe on personal or business property as a precondition. In dealing with similar cases, should be taken into account when investigating the government received money, the government can not ignore the situation of the payments business expenses. Source: [Rule weekend] 

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