Recently, the China Judgment Documents Network published the Yan Zhongyan 1801 criminal ruling.The ruling shows that Yan Zhongyan, former deputy director of the Changde City People's Congress Standing Committee, whose sentence ends in 2020, has been released on parole.
Yan Zhongyan (data map)
Yan Zhongyan was sacked ten years ago and was tried together with his nephew Yan Chaowei for corruption and accepting bribes.After that, the uncle and nephew were jointly sentenced in the first instance; the sentence was changed in the second instance, Yan Zhongyan's sentence was shortened, and Yan Chaowei was released without charge.
According to public information, Yan Zhongyan was born in September 1959 in Yuanling County, Hunan Province. He started working in 1981. Since September 1995, he has successively served as deputy secretary of the Lixian County Party Committee, acting county magistrate, county magistrate, and county party committee in Changde City, Hunan Province.In December 2007, he served as the vice chairman of the Changde CPPCC and concurrently as the secretary of the Lixian County Party Committee. In December 2008, he served as the deputy director of the Standing Committee of the Changde Municipal People's Congress. In July 2009, Hunan investigated and dealt with the bribery case of Cheng Haibo, the former secretary of the Changde Municipal Party Committee and director of the Provincial Department of Agriculture. At the end of the year, Yan Zhongyan's violations of discipline and law were brought out by this case.
Cheng Haibo served as mayor and party secretary of Changde from 1998 to 2006. In December 2011, he was sentenced to death with a reprieve for accepting more than 19.61 million yuan in bribes. In November 2009, the Hunan Provincial Commission for Discipline Inspection organized an investigation into Yan Zhongyan, who was suspected of violating discipline, and then handed it over to the Hunan Provincial Procuratorate. In February 2010, the Loudi City Procuratorate filed a case against Yan Zhongyan on suspicion of accepting bribes and corruption. Since then, Yan Zhongyan and his nephew Yan Chaowei were arrested together. According to reports, Yan Chaowei was born in October 1976, a junior high school graduate, an individual business owner, and was 33 years old when he was arrested. In December 2010, Yan Zhongyan's embezzlement and bribery case opened, and he and his nephew Yan Chaowei were tried in the same court.
According to reports at the time, the court found that from 2001 to the end of 2009, Yan Zhongyan took advantage of his position while serving as Li County Magistrate, Secretary of the County Party Committee, Vice Chairman of the Changde Municipal People's Political Consultative Conference, and Deputy Director of the Standing Committee of the Changde City People's Congress.Others sought benefits, and illegally received a total of 1,092,550 yuan in cash and property from Lixian Jinyuan Real Estate Co., Ltd., Xinli Chemical Co., Ltd., and some party and government leaders.
Among the 1,092,550 yuan, Yan Zhongyan alone received 592,550 yuan in property from others, and jointly received 500,000 yuan in cash from others together with his nephew Yan Chaowei.In addition, in January 2008, Yan Zhongyan illegally took 30,700 yuan of public funds when he was the secretary of the Li County Party Committee. On September 7, 2011, Yan Zhongyan, his uncle and nephew Yan Chaowei were sentenced together.
The Loudi Intermediate People's Court publicly pronounced the verdict of the first instance: Yan Zhongyan was sentenced to 12 years in prison for accepting bribes and embezzlement, and confiscated 300,000 yuan of personal property.Yan Chaowei committed the crime of accepting bribes and was sentenced to 5 years in prison. After the verdict was pronounced, Yan Zhongyan and Yan Chaowei's uncle and nephew refused to accept the verdict, and the case took a turn for the better. According to legal documents, after the verdict was pronounced, Yan Zhongyan and Yan Chaowei appealed against the verdict.On September 11, 2012, the Hunan Provincial High Court made a final judgment: Yan Zhongyan was sentenced to 11 years in prison for bribery and corruption, and his personal property was confiscated 200,000 yuan; Yan Chaowei was not guilty, and his illegal gains were fiveOne hundred thousand yuan will be recovered and handed over to the state treasury. That is to say, in the final judgment, Yan Zhongyan's sentence was reduced by one year to 11 years; his nephew Yan Chaowei was acquitted. During his sentence, Yan Zhongyan was commuted by one year in 2015.
According to the criminal verdict issued by the Changsha Intermediate People's Court, in February 2015, Changsha Prison in Hunan Province proposed a commutation proposal on the 4th of that month because the prisoner had shown repentance during his sentence.
The Changsha Intermediate People's Court believed that Yan Zhongyan had indeed shown repentance by pleading guilty, receiving education and reform, actively completing labor tasks, and commuted Yan Zhongyan's sentence by one year until February 6, 2020.
In May of this year, Changsha Prison proposed parole on the grounds that Yan Zhongyan had indeed shown repentance during his sentence. The verdict stated: After the trial, it was found that Yan Zhongyan was able to plead guilty, obey the law and obey the discipline during his sentence; earnestly abide by the laws, regulations and prison regulations, and accept education and reform; actively participate in ideological, cultural and vocational education; actively participate in labor, work hardComplete labor reform tasks.During labor reform, they can obey the arrangement and work hard.There are currently 9 commendations and 271 points remaining. The property punishment has been fully fulfilled, and was rated as a prison reform activist in 2014 and 2017.
It was specifically mentioned in the ruling, and the Judiciary Bureau of the place where the prisoner lived issued an investigation and evaluation opinion, suggesting that community corrections should be applied, and the family members were willing to fulfill the guarantee responsibility for community corrections.
The Changsha Intermediate People's Court held that Yan Zhongyan had indeed shown repentance, that he was not in danger of committing another crime, and that he had actually served half of the original sentence, which met the statutory conditions for parole. It ruled that the criminal Yan Zhongyan be released on parole.Until February 6, 2020. According to the provisions of the Criminal Law of the People's Republic of China: criminals sentenced to fixed-term imprisonment shall execute more than half of the original sentence, and criminals sentenced to life imprisonment shall actually serve more than 13 years.Those who have shown repentance and are not in danger of committing another crime may be released on parole.
Article 85 of the Criminal Law specifically mentions the relevant content of community corrections: for criminals released on parole, community corrections shall be implemented according to law within the probation period of parole. In addition, Yan Chaowei, Yan Zhongyan's nephew, received 420,000 yuan in state compensation after being acquitted in the second trial.
According to Yan Chaowei's application to Loudi City Intermediate People's Court for state compensation decision, Yan Chaowei was detained on February 11, 2010 and released on September 30, 2012. He was detained for a total of 959 days.
Due to the emergence of new evidence during the second trial, the Hunan Provincial Higher People's Court acquitted Yan Chaowei accordingly.So Yan Chaowei applied to the Loudi Intermediate Court for state compensation, demanding a total of 836,000 yuan in compensation for various economic losses.
During the review process, the court negotiated with Yan Chaowei, and finally paid Yan Chaowei 210,711.48 yuan in compensation for being restricted in personal freedom due to wrong judgments, 135,539.5 yuan in other losses, and 73,749.02 yuan in compensation for mental damage, a total of 420,000 yuan..
It is worth mentioning that the 420,000 yuan was deducted from the 500,000 yuan of stolen money that Yan Chaowei should have paid.In addition to the 80,000 yuan he entrusted his relatives to take the initiative to return the stolen goods, after the deduction, the Loudi Intermediate People's Court deemed him to have paid in full.
