Chapter 38: Covert Investigation
Vice President Liu Ping walked into the conference room of the Anti-Corruption Bureau of the Jianghai City Procuratorate, and several leaders were already standing in the conference room to discuss issues.
Jiang Tao, deputy procurator of the Jianghai City Procuratorate, was standing and talking with a burly man with gray hair standing by the window, and Jiang Tao turned around and saw Liu Ping walking into the conference room and immediately greeted Liu Ping.
"Come, Mr. Liu Ping, you come to know my old head of the army, Comrade Kang Jian, when he was a soldier in the army, Comrade Kang Jian was the chief of staff of the division of the special operations forces, I was still a small regiment commander at that time, Comrade Kang Jian retired to the Ministry of Public Security, and was later transferred to the State-owned Assets Supervision and Administration Commission as a director, and now he is a researcher of the State-owned Assets Supervision and Administration Commission, he is a leader in the national crackdown on corrupt officials in state-owned enterprises. โ
Liu Ping immediately walked up to Kang Jian and stretched out his hand and said: "I have long heard the legend of Director Kang, when the State-owned Assets Supervision and Administration Commission dug up the state-owned enterprises that embezzled hundreds of millions of yuan, there are more corrupt officials than the number of people in a platoon, it is said that the corrupt officials only need to see Director Kang Jian throw his hat to know that it is over, is there such a thing?" Liu Ping said.
After hearing this, Director Kang Jian immediately took the black leather that had just been placed on the windowsill in his hand and said with a smile: "Mr. Liu has won the award, I announced on the spot that a big corrupt official has the habit of throwing his hat when he is subject to organizational review, mainly out of resentment for these moths that harm the country, these corrupt officials have no humanity, unscrupulously corrupt and pervert the law to rely on the power in their hands, and take a lot of the people's hard-earned money, now the country is not rich, every penny has to be used for the construction of the country, but they steal the national wealth for themselves It is too hateful." Kang Jian said and slapped the fur hat in his hand.
"Yes! Some leading cadres of enterprises do not cherish the rights given by the masses of the people, and do not consider taking rights as a responsibility to serve the state, but they think that rights are a commodity that can be exchanged for money and everything they want.
"Leaders, comrades, we have all arrived at the meeting, we will have a meeting on time at 9 o'clock, please take your seats. Jiang Tao said.
The predecessor of the Anti-Corruption Bureau of the Procuratorate was the economic procuratorial organ of the Procuratorate, which was mainly responsible for the prosecution of economic crimes such as corruption and bribery, tax evasion and tax resistance, and counterfeiting of trademarks.
The director of the anti-corruption bureau is generally concurrently served by the deputy chief procurator of the people's procuratorate at the same level, so Jiang Tao is the deputy chief procurator of the Jianghai City Procuratorate and also serves as the director of the Jianghai City Anti-Corruption Bureau.
Jiang Tao was the presiding officer of the meeting today, and after seeing everyone seated, he said: "Comrades, today is Sunday, everyone gave up rest to attend this important meeting, and I would like to express my gratitude to everyone on behalf of the Anti-Corruption Bureau. At present, because the party and the state have intensified their efforts to punish corruption, the masses of the people have placed great hopes in the work of our anti-corruption bureau, and the responsibility is heavier than Mount Tai. My veteran leader, Comrade Kang Jian, for the Schindler Communications case, participated in the investigation team from Beijing in February this year to carry out an investigation in Jianghai City Schindler Company, and returned to Beijing to report to the State-owned Assets Supervision and Administration Commission less than two weeks after returning to Jianghai City to guide our Anti-Corruption Bureau to investigate and collect evidence on this case. โ
"Hey, Director Jiang, I won't talk about it, let's ask the comrades of the Anti-Corruption Bureau who handled the case to give an account of the situation, and then listen to the consideration of the leaders present on the next step. Kang Jian said.
"Okay, then please ask Director Zhao of the Investigation Department of the Anti-Corruption Bureau to report to the leaders what he has learned so far. Jiang Tao said.
A thin man in his 40s with bright eyes stood up and said: "I am Zhao Zhengfa, currently the director of the Investigation Division of the Anti-Corruption Bureau, responsible for the investigation of the anti-corruption case of Jianghai Schindler Communication Company with Qin Zhigang as the main suspect. Zhao Zhengfa said.
After Zhao Zhengfa finished speaking, he turned on the projector, put Qin Zhigang's photo and resume on the big screen and said: " Qin Zhigang, male, 55 years old, ancestral home in Jiangsu, joined the army at the age of 18, served as a ground maintenance team in an aviation base, and later served as the base maintenance squad leader, 6 years later restored to the locality, was directly assigned to the power supply construction team of Jianghai Schindler Communication Company Engineering Company, from the power supply air conditioning maintenance squad leader was later promoted to the deputy leader of the power supply construction team, team leader and branch secretary, 38 years old as the deputy general manager of the engineering company, 42 years old promoted to the deputy manager of the engineering department of Schindler Communication Company, general manager of the engineering department, worked in the position of general manager of the engineering department for 8 years, 48 years old promoted to the deputy general manager of Schindler Communication Company, 50 years old as the general manager of Schindler Communication Companyใ โ
After talking about Qin Zhigang's resume, Zhao Zhengfa saw that the other leaders did not raise objections, and then said: " From the current historical tracing of Qin Zhigang's financial situation and economic sources, we found that Qin Zhigang has had income from unknown sources since he became the deputy general manager of the engineering company, mainly deposited in the Postal Savings Bank, with a total of more than 2 million yuan of unknown income, which is obviously inconsistent with his monthly salary income of 2,000 yuan at that time, we investigated the sources of these funds, some are cash income, the largest is 200,000 yuan at a time, the smallest is 50,000 yuan, some are transfers from other banks, and some are traced to private construction contractors, some are material suppliers and so onใ โ
"Once some cadres have power in their hands, they often lose the embankment of self-defense, and the flood will swarm and be out of control. Jiang Tao said.
"Yes, after Qin Zhigang served as the deputy general manager and general manager of the engineering department of Schindler Communications Company, he held the position of the company's engineering department for 8 years, Qin Zhigang began to accumulate money like crazy, and the data obtained from various channels showed that he accepted various bribes amounting to 22 million yuan, involving more than 20 private engineering contractors and some engineering material providers. โ
"It's crazy that the right has gone up a 10-fold scale and that bribes have been taken 10 times. Xiao Wenhua, deputy director of the Municipal Party Committee Organization Department, said.
"Yes, this is a very common phenomenon among the leading cadres of some of our weak-willed state-owned enterprises, and when the power in their hands is raised to a higher level, their ambitions will be greater, and their appetite will be greater. Kang Jian said.
Director Kang is right, Qin Zhigang was 48 years old as the deputy general manager of Schindler Communications Company, and 2 years later he served as the general manager, so far in just 7 years, we have traced Qin Zhigang's income from unknown sources has been as high as 45 million yuan, and the total amount of dirty money embezzled and accepted by bribes has been as high as 67 million yuan. Zhao Zhengfa said.
"It's so hateful, as a senior leader of a state-owned enterprise, he dares to accumulate money so wildly, isn't he afraid of legal sanctions?" said Xiao Wenhua, deputy director.
"Director Xiao, the problem is here, these corrupt elements of a small number of state-owned enterprises, especially the number one, have relaxed their self-requirements, usually rarely learn the relevant legal knowledge, ignore the relevant laws of the country, basically a legal illiterate, the party organization related to the education of clean government is also the old monk chanting scriptures without intention, not to the heart at all, always think that Lao Tzu is the first in the world, the courage is getting bigger and bigger, they think that the money obtained by corruption is a number, they don't know that the growth of this number is to eat people, it is fatal!" Jiang Tao said.
SASAC has an indispensable responsibility for the selection of cadres in state-owned enterprises, because cadres are an important factor in determining the healthy development of enterprises, but the selection of major leading cadres of large and medium-sized state-owned enterprises mainly depends on the process, we also listen to their superior group company recommendation materials for approval, at most accompany the leaders of the group company to the grassroots unit to make a letter of appointment and dismissal to read, we can not do judicial and criminal investigation on every cadre who is promoted, and it is not possible to investigate every cadre through the inspection agency or the anti-corruption bureauIt can only depend on the political quality and personal cultivation and legal awareness of the parties. However, the majority of the cadres of state-owned enterprises are still good, and the corrupt elements are a minority after all, and since the reform and opening up, the country's economy has flourished and accumulated wealth mainly on the contributions made by state-owned enterprises. โ
"The old leader is right, our judicial system is also accumulating judicial practice from the lessons of these corrupt elements in state-owned enterprises, and hopes to restrain the words and deeds of leading cadres of state-owned enterprises through laws and regulations, especially to provide legal guarantees in preventing crimes committed by top leaders, and to let the masses of the people participate in the rectification of crimes of dereliction of duty in enterprises.
"Director Jiang, let me add another piece of information, in fact, the general manager of the cadres of Schindler Company has long been aware of the facts of Qin Zhigang's crime, especially after Qin Zhigang served as the deputy general manager of Schindler Communications Company, the cadres and workers of the enterprise have written to the local and central governments and Beijing Schindler Communications Group Company many times to report, but it has not attracted the attention of organs at all levels, which has made Qin Zhigang's appetite for corruption more and more growing, becoming more unscrupulous, and doing whatever he wants. โ
"Yes, this mechanism still needs to be improved and promoted, our SASAC received a letter from the people is generally transferred to their Beijing group company after the instructions, the group company is also a little understanding after the transfer to the local company to deal with, after many times of transfer and finally back to the hands of the enterprise, if the enterprise leader sees the people's letter can be valued, cause vigilance to stop that is also a good thing, but this is not very likely, the result is often the first leader began to trace the source of the people's letter internally, so that the people within the enterprise panic and suspicion of each other, the situation is worseใ So far, there have been only a handful of cases in which criminals have been brought to justice through the participation of the masses. Kang Jian said.
"Director Kang's analysis is very in place, although our company has a supervision mechanism such as the Party Committee and the Commission for Discipline Inspection, but in receiving letters from the people, especially for the first leader of the enterprise to deal with the letter is indeed difficult, if you jump away from the enterprise leader to carry out the investigation, on the one hand, the strength is limited, on the other hand, if the situation is not true or there are internal loopholes, this will greatly affect the stability and unity of the enterprise, and ultimately cause a greater impact on the development of the enterprise. Liu Ping said.
"Yes, this is one aspect of the difficulty, but in terms of the determination and intensity of our country's leaders to fight corruption, it has been gradually improved and strengthened in recent years, and I believe that with the improvement of the quality of cadres in state-owned enterprises and the improvement of national laws and regulations, the net of anti-corruption will become more and more thin, and the big fish will not want to slip away, Director Kang, are you right?" Jiang Tao said.
After Jiang Tao finished speaking, he saw that the old leader Kang Jian was constantly nodding and pondering, and continued: "Qin Zhigang's case fully proves that our restraint mechanism is still operating, and corrupt elements cannot take chances, and they will be punished by law if they violate the laws of the country. You see, when the SASAC received Qin Zhigang's letter from the people and transferred it to Beijing Schindler Communication Group for processing, Director Kang also personally led a team to Jianghai City to follow up and investigate, and then killed the problem when it was found. The Organization Department of the Jianghai Municipal Party Committee also attaches great importance to Qin Zhigang's criminal suspicion, and Liu Ping also actively cooperates with the investigation and evidence collection in the enterprise, so that we have today's results and have a preliminary understanding of Qin Zhigang's criminal suspicion. Jiang Tao said.
"Haha, Director Jiang has won the award, where am I 'killing a horse gun', in February this year, I came to Jianghai Schindler Company to do an investigation, and interviewed dozens of grassroots cadres of Schindler Company, I saw the clues from their eyes, they dare not speak out, the investigation team is 'accompanied' everywhere they go, which interviewee is willing to take the risk to take the risk to take out the words in his heart, ah! In other words, I am an employee of the enterprise, I dare not say, that is to take eggs to touch the stone!
"Director Kang is worthy of being a leader in the fight against corrupt officials in state-owned enterprises, experienced, keenly captured the information from the details, Director Kang came to the company in February this year to investigate, our company in accordance with the internal development of the operating process, the Commission for Discipline Inspection, the office, The personnel department has sent a commissioner to provide 24-hour personal service, and when participating in the interview with the interviewee, our staff should take notes and record the interviewee's speech, which is to cooperate with the investigation and do a good job in the reception service of the investigation team. This is not to say that the people in our internal reception or organization are intentional, they are also implementing the company's internal systems and processes. Liu Ping said.
Deputy Director Xiao Wenhua asked, "What is the next step for the Anti-Corruption Bureau in the case of Qin Zhigang?"
Zhao Zhengfa looked at Jiang Tao, only to see Jiang Tao nodding and motioning him to continue, Zhao Zhengfa switched to another picture of the action plan and put it on the big screen, and said: "According to the instructions of Director Kang Jian and Director Jiang Tao, we have the following preliminary plan: "Continue to investigate Qin Zhigang and collect evidence, and investigate the bribe-taker at the same time, because bribery itself is a crime, and only bribery and bribery can be curbed by the same crime, according to the Criminal Law" Article 389 stipulates that a person who gives money or property to a state functionary for the purpose of obtaining improper benefits is guilty of bribery. Whoever, in the course of dealings, violates state regulations by giving property or property to state functionaries in relatively large amounts, or violates state regulations by giving state functionaries kickbacks or fees in various names, shall be punished as bribery. Whoever gives money or property to a state functionary because he is extorted without obtaining improper benefits is not a bribe. We will investigate to the end and will not tolerate it. โ
"So is there any difference in sentencing between the crime of offering bribes and the crime of accepting bribes?" Xiao Wenhua asked.
"First of all, the subject of sentencing is different, and bribery and accepting bribes are different crimes. The crime of offering bribes refers to the act of giving money or property to a state functionary in order to obtain improper benefits. The crime of accepting bribes is manifested as subjective intent for the purpose of illegally taking possession of public or private property. In the objective aspect, it is manifested as taking advantage of one's position to solicit other people's property, or illegally accepting other people's property for the benefit of others. Depending on the crime, the statutory punishment according to law is also different. However, in terms of criminal law theory, both bribery and bribery are crimes. Article 390 of the Criminal Law of the People's Republic of China stipulates that anyone who commits the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; whoever seeks improper benefits by offering bribes and the circumstances are serious, or who causes major losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; and those who are especially serious or cause particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or have their property confiscated. Where the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be mitigated or commuted. Of these, where the crime is relatively minor, where it plays a key role in the investigation of a major case, or where there is a major meritorious service, punishment may be commuted or waived. Jiang Tao said.
Kang Jian added: "The crime of accepting bribes is the target of severe crackdown by national law, and there is a big difference in sentencing, and those who commit the crime of accepting bribes will be punished in accordance with the provisions of Article 383 of the Criminal Law according to the amount and circumstances of the bribes." "The sentencing standard is equivalent to the crime of embezzlement, that is, if an individual embezzles more than 100,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and may also be sentenced to confiscation of property; The so-called "particularly serious circumstances" generally refer to the ringleaders of major criminal groups of corruption, where the crime of corruption has caused particularly heavy losses to the interests of the state and the people, and the consequences are particularly serious, or where the circumstances are particularly heinous after corruption, such as forming an offensive and defensive alliance, destroying criminal evidence, retaliating against witnesses, refusing to return stolen goods, and so on. Only when the amount of personal embezzlement is more than 100,000 yuan and the circumstances are particularly serious, can the death penalty be imposed and confiscation of property can be imposed. According to the current judicial interpretation, cases where the circumstances are found to be particularly serious are generally corruption and bribery cases with a value of more than 5 million yuan."
There was silence in the venue...