Li Yaodong, the former president of the Changchun branch of China CITIC Bank, was sentenced to 10 years in prison for accepting bribes in the first instance, but was remanded for retrial in the second instance due to unclear facts and insufficient evidence.On December 3, Zhengshi (WeChat ID: xjbzse) got the news from Li Yaodong's defense lawyer Wang Zhenyu.
Li Yaodong was the president of the Changchun branch of China CITIC Bank before the incident, and he was the president of the Quanzhou branch of China CITIC Bank.He was placed under residential surveillance at a designated location in March 2016 on suspicion of accepting bribes, was placed under criminal detention at the end of March, and was arrested in April of the same year.
Later, Li Yaodong was prosecuted by the People's Procuratorate of Nan'an City under the jurisdiction of Quanzhou, Fujian Province for accepting bribes.He was accused of accepting more than 3.4 million yuan in bribes during his tenure as the president of the Quanzhou branch of China CITIC Bank, and seeking benefits for others in the process of reviewing and approving related companies' applications for loans, loan renewals, or increases in credit lines.In January this year, the Nan'an City People's Court made a verdict on the case.
According to the judgment, Li Yaodong committed the crime of accepting bribes and was sentenced to 10 years in prison and a fine of one million yuan; Li Yaodong’s illegal gains of RMB 160,000 were confiscated, and the Nan’an People’s Procuratorate, the arresting authority, turned over to the state treasury.
In addition, the court also ordered Li Yaodong to continue withdrawing the illegal gains of RMB 3,091,480, confiscate them, and turn them over to the state treasury.
At the first instance of the case, Li Yaodong was accused of accepting the largest amount of bribes from the briber Cao Wei (pseudonym).The prosecution issued the first-instance judgment of the Cao Wei bribery case, which found that Cao Wei had bribed Li Yaodong 2 million yuan four times.
After the judgment of the first instance, Li Yaodong refused to accept it, and appealed to the Quanzhou Intermediate People's Court on the grounds that the facts found in the original judgment were unclear and the evidence was insufficient.Since July this year, the Quanzhou Intermediate People's Court organized several pre-trial conferences and held trials for several consecutive days.
Lawyer Wang Zhenyu pointed out in the defense of the second instance that the witness testimony that Li Yaodong accepted bribes in the first instance stage, that is, the place where Cao Wei’s interrogation transcript was obtained was exactly the same as the place where Li Yaodong’s excluded statement was obtained.
According to Article 75 of the newly revised Criminal Procedure Law, residential surveillance shall be enforced at the residence of the criminal suspect or defendant; if there is no fixed residence, it may be enforced at a designated residence.However, it shall not be carried out in places of detention or special case-handling places.Therefore, Cao Wei's testimony was obtained in a special case handling place and should be excluded.
He said that the collegiate panel made a decision to exclude wrongdoing before the trial, and also obtained a large amount of evidence, which had an impact on the entire evidence system.
On November 29 this year, the Quanzhou Intermediate People's Court made a second-instance ruling.The Quanzhou Intermediate People's Court held that some of the facts that Li Yaodong committed the crime of accepting bribes in the original judgment were unclear and the evidence was insufficient.
