Our press (reported by Zhou Shi) - A female prosecutor illegally recommended her friend as the defense lawyer for a suspect, and received two bribes of 60 thousand yuan from the suspect's family through this friend. As a result, the suspect escaped legal punishment and was released without guilt. Recently, the female prosecutor and her friend were respectively sentenced to six and five years in prison in the first trial.
Taken away by colleagues at work
On April 11th this year, Sun, a prosecutor at the Tiewest District People's Procuratorate of Siping City, who was resting at home, received a call from her superior asking her to come to the unit because someone from the Changchun People's Procuratorate wanted to see her.
Sun felt somewhat flustered, sensing that she might have been found out. Indeed, when she arrived at the unit, she was taken away by several colleagues from the Changchun People's Procuratorate on suspicion of malfeasance and bribery. Three days later, Sun was criminally detained. Thirteen days later, Sun was formally arrested.
Recommended a friend as the defense lawyer
Let's go back to September 2008, when Sun took over the case involving Wang and his son Wang某某, who were suspected of illegally occupying farmland and embezzlement.
In October of that year, during the preliminary review of Wang, Sun told Wang that the lawyer his family had previously hired was not competent, and she could find a better one. Wang implicitly agreed with Sun's suggestion and expressed willingness to hire another lawyer. Thus, Sun recommended her friend Han (female, staff member of a law firm in Siping City, without a lawyer qualification).
Bribery amounting to 60 thousand yuan
In early November 2008, Sun obtained through Han the promise from the Wang family that they were willing to pay money for lenient treatment.
During the supplementary evidence collection process, Sun instructed Wang's relative Fu to issue a certificate under the name of their village stating that Wang and Wang某某 were innocent or deserved lighter penalties. In mid-November, Sun and Han twice accepted bribes of 60 thousand yuan from Fu, with Sun receiving 40 thousand yuan and Han receiving 20 thousand yuan.
On November 24th, 2008, Sun proposed a no-prosecution opinion to the procuratorial committee of the Tiewest District People's Procuratorate, which was approved after discussion by the committee. Later, after coordination by the Political and Legal Affairs Commission of Siping City, the public security authorities released Wang and Wang某某.
On August 4th, 2009, Wang某某 was again prosecuted by the Chaoyang District People's Procuratorate of Changchun City for illegal manufacture of explosives and illegal occupation of agricultural land.
After the bribery case came to light, Sun returned 40 thousand yuan, and Han returned 10 thousand yuan.
Not considered as self-surrender
After the case broke, both Sun and her defense counsel argued that since she was summoned back to the procuratorate by her superior and then caught, and since the procuratorate is also a judicial authority, it should be regarded as self-surrender.
However, the situation statement issued by the Anti-Dereliction of Duty and Infringement Bureau Investigation Department of the Changchun People's Procuratorate confirmed: After the investigation personnel of the Changchun People's Procuratorate arrived at the Tiewest District People's Procuratorate, they did not inform the leadership of the specific circumstances of Sun's case, and the leadership did not reflect any information about Sun being involved in the case.
During the trial, Sun confessed: "If my unit leader hadn't called me, I wouldn't have gone to the unit; I didn't know where the investigating unit was, so I couldn't surrender myself to the judicial authorities." Therefore, the court did not accept the argument that her action constituted self-surrender.
Both convicted for bribery
Recently, the court conducted the first trial of the bribery cases involving Sun and Han, concluding that both had committed the crime of bribery.
According to relevant provisions of the Criminal Law of the People's Republic of China, the court sentenced Sun and Han to six and five years in prison respectively for the crime of bribery.