Wang Shengde is the former Secretary of the Party Committee and Director of the Justice Department of Qinghai Province. He appealed after the first-instance judgment. One of the reasons for the appeal is that he had agreed to report to the leader before being shuanggui. Due to the shuanggui, he failed to implement the voluntary surrender. He should belong to voluntary surrender.

Does this count as surrender?Does the court recognize it?What should a correct self-surrender look like?

The head of the department who was criticized by the secretary of the provincial party committee first came to meet Wang Shengde.This is a department-level cadre who was criticized by the secretary of the provincial party committee and was published in the People's Daily.

The People's Daily reported on December 6, 2016 that at the Qinghai Province-directed unit provincial management cadres' anti-corruption warning education conference, the former party secretary and director of the Provincial Department of Justice Wang Shengde's violations of discipline and law were reported as typical facts.When Wang Shengde was the top leader of the two units, he took the lead in engaging in unhealthy trends. A total of 15 leading cadres above the division level were involved in the case, and all of them were directly subordinates. The atmosphere in the system was seriously damaged and the political ecology was seriously polluted.

Wang Guosheng, Secretary of the Qinghai Provincial Party Committee at the time, criticized: Wang Shengde's case is very typical and has very bad influence.

On October 20, 2016, Wang Shengde was criminally detained on suspicion of accepting bribes, and was arrested on November 2 of the same year.

According to the Qinghai Provincial Commission for Discipline Inspection, Wang Shengde not only violated the eight central regulations, but also violated multiple party disciplines and was suspected of violating the law.

  • When his daughter got married, he illegally hosted a banquet for his subordinates and bosses who had business contacts, and accepted gift money.

  • Violating organizational discipline, using authority and positional influence to provide assistance to others in the selection and appointment of cadres, work arrangements, job adjustments, etc., and accept property.

  • Violating integrity and discipline, accepting gifts from subordinates during festivals, going abroad, hospitalization, and birthdays.

  • Violating national laws and regulations is suspected of committing crimes, using his position to help individual bosses in engineering projects, and accepting property.

After Wang Shengde was sacked, it became a major event in Qinghai at that time that he served as a negative example to warn and educate the cadres in the whole province.The Qinghai Provincial Commission for Discipline Inspection took Wang Shengde's violations of discipline and law as the main content, and produced a warning educational film - the disaster of power - the former party secretary and director of the Qinghai Provincial Department of Justice Wang Shengde's case.Organize and watch.

In 10 years, the leader received 1.81 million yuan

What did the former director of the Justice Department who was criticized by the secretary of the provincial party committee do?The recently published verdict disclosed the details of Wang Shengde's case.

Judging from the verdict, Wang Shengde’s bribery mainly occurred when he was the head of the Qinghai Lake Scenic Area Protection and Utilization Administration and the Qinghai Provincial Department of Justice.

The People's Court of Chengzhong District of Xining City found that from 2007 to 2016, Wang Shengde took advantage of his positions as Secretary of the Party Committee and Director of the Qinghai Lake Scenic Area Protection and Utilization Administration, Secretary of the Party Committee and Director of the Qinghai Provincial Department of Justice, etc.Materials Co., Ltd. and other units and individuals such as Xu Moumou and Lian Moumou provided assistance in matters such as project contracting, job promotion, and transfer, and illegally accepted property from the above-mentioned units and individuals, totaling RMB 1.815 million.

Among the 17 facts of accepting bribes, 8 occurred when he served as the Qinghai Lake Scenic Area Protection and Utilization Administration, and 9 occurred when he was the director of the Qinghai Department of Justice.When he was the director of the Scenic Spot Administration Bureau, he took even more bribes.For example, in 2009, Wang Shengde took advantage of his position as Secretary of the Party Committee and Director of the Qinghai Lake Scenic Area Protection and Utilization Administration Bureau to accept RMB 300,000 demanded by his subordinate Xing from Xu, who was contracted for the construction project related to the Qinghai Lake Scenic Area.

From 2010 to 2013, Wang Shengde took advantage of his position as secretary of the party group and director of the Qinghai Lake Scenic Area Protection and Utilization Administration to help Beijing Onike New Materials Co., Ltd. undertake the Qinghai Lake Erlangjian Scenic RV project.In September 2012 and September 2013, Wang Shengde successively accepted RMB 580,000 from Han, the legal representative of the company.

In addition to helping people undertake projects, Wang Shengde also helped people change jobs when he was the director.For example, the judgment documents mentioned that from 2007 to 2010, the defendant Wang Shengde took advantage of his position as secretary of the party group and director of the Qinghai Lake Scenic Area Protection and Utilization Administration Bureau to transfer Gao Moumou, a cadre of the Qinghai Provincial Development and Reform Commission, to Qinghai Lake Scenic Area Protection and Utilization ManagementThe planning and construction department of the bureau provided assistance and accepted RMB 150,000 from Gao XX.

Shuanggui when you want to confess, does it count as surrender?

The Chengzhong District Court of Xining City found Wang Shengde guilty of accepting bribes in the first instance and sentenced him to 6 years in prison and a fine of RMB 300,000.After the verdict was pronounced, Wang Shengde felt that the sentence was a bit heavy and appealed.

During Wang Shengde's appeal, Wang Shengde stated that before he was shuanggui, he had contacted the provincial party committee and the secretary of the provincial discipline inspection commission by phone and text message, and wanted to report to the leader the basic situation of his purchase of a house in Beijing, but he did not report before the agreed time.Being shuanggui, resulting in the failure to surrender.He believes that according to regulations, his behavior is considered to be captured on the way to surrender, and should be identified as surrender.

The Xining Intermediate People's Court pointed out in the judgment that after investigation, Wang Shengde did contact the leading secretary of the Provincial Party Committee and the Provincial Discipline Inspection Commission by phone and text message before being shuanggui.It is necessary to report the violation of discipline to the leader. Wang Shengde's behavior did not form an objective fact of voluntary surrender. His appeal and defense opinions cannot be established, and the court will not accept it.

Although his voluntary surrender was not established, at the second instance, the Xining Intermediate People's Court believed that Wang Shengde had confessed and had returned all the proceeds of crime and paid the fine in full, so he could be given a lighter punishment.Although the court of first instance determined the circumstances of the lenient punishment, combined with the statutory mitigating circumstances of Wang Shengde and the specific circumstances of this case, the court believed that Wang Shengde could be given a lighter punishment on the basis of the judgment of the first instance.The second trial sentenced Wang Shengde to five years' imprisonment and a fine of RMB 300,000.

There is a kind of surrender called special surrender. Wang Shengde was lucky. After the second trial, his prison life was reduced from 6 years to 5 years.

For an official, what counts as a correct surrender?How can a situation similar to Wang Shengde's be considered a surrender?

Zhang Yao, a lawyer from Beijing Zhongwen Law Firm who has represented duty-related crimes for many times, said: According to the regulations of the two high schools on the handling of self-surrender and the specific application of law for meritorious service, in general, self-surrender requires both voluntary surrender and truthful confession of one's crimes.elements.

Zhang Yaojun said that in 2009, the two high schools issued opinions on several issues concerning the determination of surrender and meritorious service in the handling of duty-related crimes. The opinions stipulated a special kind of surrender.If the crimes in possession are different from those in the hands of the case-handling agency, they may also be regarded as voluntary surrenders.

However, judging from the verdict of Wang Shengde's case, although he voluntarily confessed all the facts about the crime of accepting bribes that the case-handling authorities had not grasped after arriving at the case, since the crimes he confessed belonged to the same category as the crimes that the case-handling authorities had grasped, he could only be regarded as a confession.There is no act of voluntary surrender, so it cannot be regarded as surrender.

Regarding Wang Desheng's failure to report as scheduled due to shuanggui, Zhang Yaojun believes that whether this situation is considered a voluntary surrender depends on specific evidence.come and see.He said that only if he expressly stated in the phone or text message that he has violated the law and wants to surrender, can he be identified as surrender. If the phone or text message does not mention the content related to surrender, it will not be identified as surrender.