According to media reports, nearly four years after being sentenced to death in the first instance, Peng Shu, former deputy general manager of Hunan Expressway Investment Group, and Hu Haolong, former general manager of Hunan Gaoguang Investment Company, were sentenced to life imprisonment in the second instance.

Previously, on February 3, 2015, the Intermediate People's Court of Loudi City, Hunan Province sentenced Peng Shu and Hu Haolong to death in the first instance for the crimes of accepting bribes, corruption, and leaking inside information.The court of first instance found that Peng Shu accepted bribes of about 188 million yuan and Hu Haolong took bribes of about 170 million yuan.

Peng and Hu immediately appealed.On November 2, 2016, the second instance of the Hunan Higher People's Court opened until the verdict was pronounced a few days ago.The corruption case of Peng Shu and Hu Haolong occurred in 2010, and the judicial process has lasted for more than 8 years.

In 2002, Peng Shu and Hu Haolong successively worked in Hunan Provincial Highway Advertising Decoration Co., Ltd. under the Hunan Provincial Highway Administration Bureau, serving as manager and deputy manager respectively.

According to the first review of the Loudi Intermediate People's Court, from 2002 to 2010, Peng Shu and Hu Haolong took advantage of their respective positions as the heads of wholly-owned state-owned enterprises Hunan Gaoguang Real Estate Development Co., Ltd. and Hunan Provincial Expressway Advertising Investment Co., Ltd. to illegally separate, Jointly or jointly with the defendant Peng Jianglin in accepting other people's property and seeking benefits for others.

Peng Shu accepted 188.15 million yuan in bribes, of which 179.11 million yuan was jointly accepted by the main party, 9.04 million yuan was accepted alone, and 6 million yuan was demanded.Hu Haolong accepted 170.07 million yuan and 100,000 Hong Kong dollars in bribes, of which 164.77 million yuan was jointly accepted by the principal and 6 million yuan was demanded.

In addition, Peng Shu and Hu Haolong, as insiders of securities trading insider information, individually or jointly leaked information related to the reorganization of Gao Guangtou and CCID Media before the information that had a significant impact on securities trading prices was made public. Hu Haolong also used the inside information toInformation to buy and sell CCID Media stock, illegally obtain income.

In other words, the total amount of corruption involved by the two of them exceeded 350 million in 8 years.

According to judicial documents, in September 2010, Peng Shu and Hu Haolong were criminally detained by the Public Security Bureau directly under the Hunan Provincial Public Security Bureau.In April 2011, the other two defendants, Zhang Hui and Peng Jianglin, were criminally detained by the Lianyuan City People's Procuratorate.In September 2012, the case was prosecuted by the People's Procuratorate of Loudi City.

More than 2 years later, on February 3, 2015, the Loudi Intermediate People's Court publicly announced the corruption and bribery case of four people including Peng Shu and Hu Haolong in the first instance.,Sentenced to death.

After the judgment of the first instance, Peng Shu and Hu Haolong filed an appeal.On November 2, 2016, the second instance of the Hunan High Court heard the case until December 2018.

I mistakenly defined myself as a businessman, resulting in no distinction between public and private, law, law and discipline, and I sincerely accept legal sanctions.In the second trial, Peng Shu said in his final statement: I handed in more than 100 million yuan, and I did not squander or waste it. I hope the court will give me a chance to repent.

Then, after the trial of the second instance, has there been any major change in the amount of bribes that Peng Shu and Hu Haolong were deemed to have accepted?

According to media reports, the second review of the Hunan Higher Court found that Peng Shu had accepted bribes totaling more than 179 million yuan, and his personal net income was 85.64 million yuan;Yuan.

This data is not much different from the amount determined by the court of first instance.The amount determined by the court of first instance was: 188 million yuan for Peng Shu and 170 million yuan for Hu Haolong.

So, what was the reason for the change of sentence between the two?

According to the judicial documents released by the media, the Hunan Higher People’s Court upheld the judgments of the Loudi Intermediate People’s Court on Peng Shu and Hu Haolong’s three crimes of insider trading and leaking insider information, but changed their sentences for accepting bribes and corruption.The death sentence was commuted to life imprisonment, deprived of political rights for life, and all personal property was confiscated.

The Hunan Higher People’s Court held that the sentencing of Peng Shu and Hu Haolong’s corruption crimes was adjusted in consideration of the legislature’s revision of the penalties for corruption crimes during the second instance, and that Peng Shu had surrendered himself and Hu Haolong confessed.

The Criminal Law Amendment (9) has been implemented on November 1, 2015. The conviction and sentencing standards for corruption crimes are no longer based on the amount, but both the amount and the circumstances, that is, the amount is relatively large or there are serious circumstances; the amount is hugeThere may be serious circumstances; the amount is particularly huge or there are particularly serious circumstances; the amount is particularly huge, and the interests of the country and the people have suffered particularly heavy losses.

In addition, according to the Sentencing Opinions on Major Corruption and Bribery Cases released in November 2015, it is stipulated that if the amount of corruption or bribery is more than 100 million yuan, the general sentence of death will be suspended for two years.Those who have the statutory circumstances of a lighter or mitigated punishment and confess guilt, or have multiple discretionary circumstances for a lighter punishment as stipulated in paragraph 4 of Article 3 of these Opinions and confess guilt and repent, may be sentenced to life imprisonment.Corruption and bribery amounting to more than 100 million yuan, and the circumstances of the crime are particularly serious, the social impact is particularly bad, and the interests of the country and the people are caused particularly heavy losses, may be sentenced to death and executed immediately.