No. 1 of Six Representative Cases of Legally Punishing Duty-related Crimes in the Financial Sector Jointly Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Liu [REDACTED] for Accepting Bribes and Accepting Bribes by Influence Peddling — Punishing a corruption crime in the financial regulatory sector in accordance with the law

最高人民法院、最高人民检察院联合发布6件依法惩治金融领域职务犯罪典型案例之一：刘某受贿、利用影响力受贿案——依法惩处金融监管领域腐败犯罪

【法宝引证码】

No. 1 of Six Representative Cases of Legally Punishing Duty-related Crimes in the Financial Sector Jointly Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Liu [REDACTED] for Accepting Bribes and Accepting Bribes by Influence Peddling		最高人民法院、最高人民检察院联合发布6件依法惩治金融领域职务犯罪典型案例之一：刘某受贿、利用影响力受贿案
— Punishing a corruption crime in the financial regulatory sector in accordance with the law		——依法惩处金融监管领域腐败犯罪
[Basic Facts]		【基本案情】
From 1998 to 2015, by taking advantage of his positions including the assistant inspector of [REDACTED] Financial Regulatory Authority and the conveniences afforded by his authority and status, defendant Liu [REDACTED] directly or through the acts of other state functionaries in the performance of their duties, provided assistance for Henan [REDACTED] Company and other entities and individuals in matters such as acquiring shares and controlling stakes in [REDACTED] Rural Bank as well as promotion, and illegally accepted bribes in the total amount of more than 150 million yuan, resulting in failure to recover loans in a huge amount granted by [REDACTED] Rural Bank.		1998年至2015年，被告人刘某利用担任某金融监管单位助理巡视员等职务上的便利，以及本人职权、地位形成的便利条件，直接或者通过其他国家工作人员职务上的行为，为河南某公司等有关单位和个人在入股和控股某村镇银行、职务晋升等方面提供帮助，非法收受财物共计1.5亿余元，造成某村镇银行巨额贷款无法收回。
From the second half of 2015 to 2021, after his retirement, defendant Liu [REDACTED] sought illegitimate benefits for the relevant entities and individuals in financing loans and promotion by taking advantage of the conveniences afforded by his former authority and status and through the acts of other state functionaries in the performance of their duties, and illegally accepted property in the total amount of more than 37 million yuan.		2015年下半年至2021年，被告人刘某退休后，利用原职权、地位形成的便利条件，通过其他国家工作人员职务上的行为，为有关单位和个人在融资贷款、职务晋升等方面谋取不正当利益，非法收受财物共计3700万余元。
[Case Handling]		【办理情况】
The People's Procuratorate of Luoyang City of Henan Province filed a public prosecution with the Intermediate People's Court of Luoyang City against defendant Liu [REDACTED] for the crime of accepting bribes and the crime of accepting bribes by influence peddling. The Intermediate People's Court of Luoyang City held upon examination that as a state functionary, Liu [REDACTED] sought benefits for others by taking advantage of his position and the conveniences afforded by his authority and status, and illegally accepted property from others, which acts constituted the crime of accepting bribes; and he sought illegitimate benefits for others by taking advantage of the conveniences afforded by his former authority and status and the acts of other state functionaries in the performance of their duties, and illegally accepted property from others, which acts constituted the crime of accepting bribes by influence peddling. Although Liu [REDACTED] truthfully confessed to his crime after being brought to justice, proactively returned the illicit gains, most of which had been refunded, and voluntarily pleaded guilty and accepted punishment, the amount involved in the crime was particularly huge and his acts caused particularly serious losses to the interests of the state and the people. In addition, he fell under the circumstances of seeking promotion and adjustment of official posts for others. Therefore, he should be severely punished in accordance with the law. Liu [REDACTED] was sentenced to death with suspended execution of two years, deprival of political rights for life, and confiscation of all his personal property. After the two-year suspended execution of the death sentence expired and the sentence was commuted to life imprisonment, he was imprisoned for life and no commutation of sentence or parole should be granted to him; he was sentenced to fixed-term imprisonment of 11 years, concurrently with a fine of 3 million yuan for the crime of accepting bribes by influence peddling. It was decided to execute death sentence with suspended execution of two years, deprival of political rights for life, and confiscation of all his personal property. After the two-year suspended execution of the death sentence expired and the sentence was commuted to life imprisonment, he was imprisoned for life and no commutation or parole should be granted to him. The proceeds of crime and the income derived therefrom should be recovered in accordance with the law. After the above-mentioned judgment was pronounced, Liu [REDACTED] did not appeal within the statutory time limit. The High People's Court of Henan Province approved the original judgment rendered by the original trial court against defendant Liu [REDACTED].		河南省洛阳市人民检察院指控被告人刘某犯受贿罪、利用影响力受贿罪，向洛阳市中级人民法院提起公诉。洛阳市中级人民法院经审理认为，刘某身为国家工作人员，利用职务上的便利，以及本人职权、地位形成的便利条件，为他人谋取利益，非法收受他人财物，其行为构成受贿罪；利用原职权、地位形成的便利条件，通过其他国家工作人员职务上的行为，为他人谋取不正当利益，非法收受他人财物，其行为构成利用影响力受贿罪。虽然刘某到案后，如实供述自己的罪行，积极退赃，大部分赃款已退缴，自愿认罪认罚，但犯罪数额特别巨大，且使国家和人民利益遭受特别重大损失，并有为他人谋取职务提拔、调整等情节，应依法从严惩处。以受贿罪判处刘某死刑，缓期二年执行，剥夺政治权利终身，并处没收个人全部财产，在其死刑缓期执行二年期满依法减为无期徒刑后，终身监禁，不得减刑、假释；以利用影响力受贿罪判处有期徒刑十一年，并处罚金人民币三百万元，决定执行死刑，缓期二年执行，剥夺政治权利终身，并处没收个人全部财产，在其死刑缓期执行二年期满依法减为无期徒刑后，终身监禁，不得减刑、假释。依法追缴犯罪所得及收益。宣判后，刘某在法定期限内没有上诉。河南省高级人民法院依法核准原审法院对被告人刘某的判决。
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