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Recently, The Baishan Intermediate People's Court of Jilin Province has publicly sentenced Zhang Enbo, former vice chairman of Jilin City CPPCC. Zhang Enbo was sentenced to seven years in prison for bribery and fined 1 million yuan.

The court found out that from 2006 to 2015, Zhang Enbo used the convenience of serving as the mayor of Luohe City and the secretary of the municipal party committee, and helped others in terms of contracting projects, resolving engineering arrears, etc., illegally accepting others illegally to accept others.A total of more than RMB 15.9 million in property.

According to the Baishan Intermediate People's Court: In view of Zhang Enbo's arrival, most of the facts that the investigation agency has not mastered the facts of bribery.During the detention period, he made a major contribution to the country and society, and there are major merits of the merits.

Picture Source: WeChat public account of Baishan Intermediate People's Court

The above "Having a major contribution to the country and society during the period of office and detention, there are major merits", how should you understand?How to determine in judicial practice?

Professor Hong Moral, a professor at the University of Political Science and Law, said in an interview that the criminal law stipulated the legal plot of light and reduced criminal punishment, such as "good guilty attitude", "performance of regrets", "meritorious" and so on.Regarding the "merit", Article 68 of the Criminal Law stipulates that "Criminals have exposed the criminal behavior of others, verifying it, or providing important clues, so as to detect other cases such as other cases.The performance of major merits can be reduced or free of punishment. "

So what is "performance"?The Supreme People's Court's interpretation of the specific issues of the specific application laws to deal with the specific application of the leader and the establishment of meritorious merits, "According to the provisions of Article 68 of the Criminal Law, Criminals have reports and expose major criminal behaviors of others.The important clues to detect other major cases are verified; it is true; preventing major criminal activities from others; assisting judicial organs to arrest other major criminal suspects (including the same criminals);Homorph performance. "

Based on this, "has other major contributions to the country and society" is one of the statutory situations that constitute "major merits" .

Hong Doude said that in the judicial practice, the confirmation of the opposing skills during the conviction and torture period usually has a time node -after the defendant arrives in the case, For example, whether there is a manifestation of struggle with illegal crimes during the detention period, and whether it is revealed to be revealedOther people's criminal behavior, providing important clues, assisting judicial organs to arrest other criminals, etc. .If the defendant's behavior has made great contributions to preventing great natural disasters and avoiding major national losses, it can also be identified as a major merit.

However, the defendant's performance before the case, for example, did not have a "front subject" before a certain official, and had a major contribution to the country and society. Can you punish it lightly?

Hong Doude believes that the performance of the defendant before the crime is an appropriate circumstances when the judge's conviction was quantified .Regarding the grasp of the deregulation from the lenient punishment, whether the merit is enough to resist the guilt, that is, the contribution is not enough to resist the sin.In 2003, Zhejiang's "Science and Technology Elite" Xu Jianping's murderous wife's corpses had attracted widespread attention, and also caused discussions of "whether science and technology can be grace outside the law".Let Xu Jianping contribute more to the industry, but Xu Jianping was eventually executed because Xu Jianping's murderous corpse was divided, and there was no doubt that it had a severe criminal criminal act that was severely punished according to law.

Hong Doude said that in In judicial practice, Some judges also considers the defendant's previous merit performance when conviction and sentence, and made a judgment of light punishment.

According to the China Magistrate Document Network, on November 25, 2014, the first instance of Yingjiang County People's Court of Yunnan Province was sentenced to corruption in the former director of the tobacco leaf office of the tobacco delegation of Yunnan Province.

The court found that Du Shaoming invaded 500,000 yuan, which has constituted a crime of corruption. "In view of the defendant Du Shaoming can truthfully confess the criminal facts after the case is automatically submitted, it should be identified as the surrender and reduced the punishment according to law.During the position of the general manager of Ren Yunnan Tobacco Paushan Fasting Co., Ltd., the defendant Du Shaoming seriously drilled to study tobacco planting technology, achieved major scientific and technological achievements, promoted the development of the local economy, and played a positive role in getting rid of poverty and getting rich in local farmers, increasing national interest and taxationThe income results are significant, and have a significant contribution to the country and society. According to the provisions of the Supreme People's Court on the seventh issues of the Supreme People's Court on the interpretation of surrender and the specific application of laws,Punishment.

In the end, the court sentenced Du Shaoming to three years in prison, suspended for five years, and confiscated a personal property of RMB 400,000.

(xjbzse) writing/Wang Yan school against Lu Qian