Recently, the China Judgment Documents Network published the first-instance criminal judgment of Yang Xuecao accepting bribes and using influence to accept bribes.

Yang Xuecao is the elder brother of Yang Jingnong, the former Secretary-General of the Anhui Provincial Government.According to two criminal rulings, Yang Xue's draft was suspended during the trial process in April this year due to irresistible reasons.In September of this year, the reasons for the suspension disappeared and the case resumed.

Yang Jingnong served as the deputy director of the Anhui Provincial Department of Commerce from 2004 to 2006, and later served as a member of the Standing Committee of the Wuhu Municipal Committee, deputy mayor, mayor, and secretary of the Bozhou Municipal Committee.In March 2016, he was appointed Secretary-General of the Anhui Provincial Government.In December 2016, Yang Jingnong was investigated. In June this year, he was sentenced to 10 years in prison for accepting bribes and fined 2 million yuan.

He was accused of taking advantage of his position to help others in speeding up project demolition progress, resolving land ownership disputes, job transfers, and allocating textile export quotas.Yuan (of which RMB 5,970,299 was not actually received), HKD 108,000, and USD 38,000.

According to the verdict, Yang Jingnong's elder brother, Yang Xuecao, was born on November 8, 1964 in Huaining County, Anhui Province, with a junior high school education. He is the person in charge of Hefei Shunxiang Shipping Co., Ltd. and lives in Shushan District, Hefei City, Anhui Province.

On June 27, 2017, Yang Xuecao was sentenced to criminal detention by the Ma'anshan People's Procuratorate on suspicion of accepting bribes, and was executed by the Ma'anshan Public Security Bureau on June 29 of the same year; on July 13, 2017, she was arrested by the Anhui Provincial People's Procuratorate, and the Maanshan City Public Security Bureau executed the next day.

On January 8 this year, the Bowang District People's Procuratorate of Ma'anshan City filed a public prosecution with the Bowang District People's Court of Ma'anshan City for the crime of accepting bribes and using influence to accept bribes.According to the designated jurisdiction decision of the Higher People's Court of Anhui Province, the court filed the case on January 10 after review.

On April 18 this year, the People's Court of Bowang District, Ma'anshan City applied ordinary procedures, formed a collegial panel according to law, and heard the case in public.The People's Procuratorate of Bowang District, Ma'anshan City appointed prosecutors Shen and Hu to appear in court to support the prosecution, and Yang Xuecao and her defender Gao Yu attended the lawsuit.

But one day later, Yang Xue's draft was suspended.China Judgment Documents Network disclosed the news in the two rulings of Yang Xue's draft.

According to the ruling on April 19, during the trial process, due to irresistible reasons, the case could not be continued for a long time.In accordance with the provisions of Article 200, Paragraph 1, Item (4) of the Criminal Procedure Law of the People's Republic of China, the ruling is as follows: The trial of the defendant Yang Xuecao's crime of accepting bribes and using influence to accept bribes is suspended.

According to the relevant legal provisions of the Criminal Procedure Law, during the course of the trial, if one of the following circumstances occurs, which makes it impossible to continue the trial for a long period of time, the trial may be suspended: (1) The defendant is seriously ill and unable to appear in court;(2) The defendant escaped; (3) The private prosecutor suffered from serious illness and was unable to appear in court, and did not entrust an agent ad litem to appear in court; (4) Due to irresistible reasons.

The legal provisions also stipulate that the trial should be resumed after the reason for the suspension of the trial disappears.The period during which the trial is suspended shall not be included in the trial period.

Attorney Gao Yu of Anhui Tianhe Law Firm, who represented the case, said that the lawyer only received the ruling to suspend the trial, but the court did not inform him of the specific reason.

Lawyer Mao Lixin) stated that the suspension of trial due to irresistible reasons generally includes natural disasters and emergencies, the former such as earthquakes, floods, etc., the latter such as wars, riots, etc., as well as unforeseen and insurmountable objective circumstances.

Nearly five months later, on September 11 this year, the People's Court of Bowang District, Ma'anshan City, investigated and found that the reason for the suspension of the trial of Yang Xuecao's accepting bribes and using influence to accept bribes had disappeared.In accordance with the provisions of the second paragraph of Article 200 of the Criminal Procedure Law of the People's Republic of China, it was ruled to resume the trial of this case.

On September 13, the trial of the case came to an end.According to the charges of the People's Procuratorate of Bowang District, Ma'anshan City, Yang Xuecao has two crimes of accepting bribes:

First, in 2006, Yang Xuecao accepted the request of Li, the legal representative of Wuhu Datang Logistics Co., Ltd., and asked his elder brother Yang Jingnong, who was the deputy director of the Anhui Provincial Department of Commerce at the time, to take advantage of his position to contract for Masteel Co., Ltd.Provide assistance in cargo transportation business matters, and inform Yang Jingnong that he will make no profit from it.From 2007 to August 2016, Yang Xuecao received RMB 409,000 from Li and his shareholder Qiu several times, and informed Yang Jingnong of the money collection.

Second, in 2012, Yang Xuecao accepted the request of Zheng, the general manager of Wuhu Huayun Shipping Co., Ltd., and asked Yang Jingnong, then the mayor of Wuhu City, to take advantage of his position to assist Zheng in the work transfer of his wife Yu.provide help.From 2009 to 2015, Yang Xuecao accepted RMB 300,000 from Zheng and informed Yang Jingnong.

In addition, the Bowang District People's Procuratorate of Ma'anshan City also accused Yang Xuecao of using influence to accept bribes: Yang Xuecao, as the elder brother of Yang Jingnong, the mayor of Wuhu City at the time, took advantage of the convenience formed by Yang Jingnong's power or status to pass other state staff positionsHefei Liming Hydropower Installation Co., Ltd. Wuhu Branch Manager Ma and Deputy Manager Feng Mou provided assistance in matters such as contracting projects and urging project funds.From 2010 to 2014, Yang Xuecao received a total of RMB 1.32 million from Feng and Ma several times.

After the incident, Yang Xuecao truthfully confessed the facts of her crime and had a good attitude of pleading guilty.

With regard to accepting bribes, the People's Court of Bowang District, Anshan City found out and confirmed the above two cases of accepting bribes after trial.Li and Qiu sent Yang Xuecao RMB 409,000 in total. After Yang Jingnong knew about it, he did not ask Yang Xuecao to return or hand it over.Yang Xuecao informed Yang Jingnong that Zheng exempted Yang Xuecao from borrowing RMB 300,000 in 2009 for buying a house, and Yang Jingnong did not ask Yang Xuecao to return or hand over the property interest.

With regard to taking bribes by using influence, the court found out after the trial that the fact of the crime was also confirmed.

During the trial, the prosecution also issued Yang Jingnong's testimony.On September 13, Yang Xuecao was sentenced to four years and six months in prison and fined RMB 600,000 for the crime of accepting bribes and using influence to accept bribes;Confiscated according to law.