[Case file].
Zheng Zhiyong, male, born in November 1969, from Xichang, Sichuan, started working in July 1988, and served as deputy chief of the Investigation and Supervision Department and assistant prosecutor of the Xichang City Procuratorate of Liangshan Prefecture.
In April 2022, Zheng Zhiyong was subject to supervision and investigation by the Xichang Municipal Supervision Commission on suspicion of serious violations.
In September 2022, Zheng Zhiyong was dismissed from public office for serious violations of duty and suspected of ** and fraud.
In December 2022, Zheng Zhiyong was sentenced to 12 years in prison and fined 350,000 yuan for committing ** crimes and fraud.
As soon as the detective entered the door, all the people at the table stood up and called the eldest brother;As soon as you raise your hand, the wine will be full;As soon as the smoke is puffed, the fire over there is lit ......Between the cups and the cups, I was completely immersed in the praise of everyone. To this day, recalling the "infinite scenery" in the past, Zheng Zhiyong, the former assistant prosecutor of the Xichang City Procuratorate, is still boastful.
Zheng Zhiyong worked in the Mianning County People's Procuratorate at the age of 19, and was transferred to the Xichang City People's Procuratorate in 1995. He always talks eloquently, is willing to "preach and support", and looks like a "legal adviser" in front of idle people in society. In April 2011, Zheng Zhiyong served as the deputy chief of the Investigation and Supervision Section, and he found the capital to brag, and he regarded the halo of judicial work as his personal charm, and brushed up a sense of existence and superiority outside the procuratorial system.
Zheng Zhiyong, former assistant prosecutor of the Xichang City Procuratorate in Liangshan Prefecture, was examined and investigated.
In the autumn of 2015, Sha Moujia was arrested by the public security organs on suspicion of a criminal offense, and his brother Sha Mouyi found Zheng Zhiyong to help through an intermediary. Zheng Zhiyong not only did not shy away from such cases that need to be transferred to the higher-level procuratorate for review and prosecution, but used his position to facilitate the investigation of the case, and when he found out that the evidence in the case was insufficient and he might not be able to convict, he took the initiative to find Sha Mouyi and lied that he had a way to keep Sha Moujia from being prosecuted, and then asked for a huge amount of money, pretending to dredge up the relationship.
In the next few months, Zheng Zhiyong pretended to be a legal expert to "popularize the law" to Sha Mouyi, explaining all aspects of the arrest and prosecution, and at the same time asked Sha Mouyi for money many times on the grounds of "connections". Sha Mouyi regarded Zheng Zhiyong as "Big Brother", and as soon as he arrived in Xichang, he invited "Big Brother Zheng" to enter and leave the major restaurants and clubs. While Zheng Zhiyong is making a lot of money, he is enjoying a life of lustful dogs and horses.
In the summer of 2016, Sha Moujia was released due to lack of evidence, and Zheng Zhiyong, who did not play a substantive role, also made a special appearance at the door of the detention center to show his "success", which made Zheng Zhiyong realize the trick of "getting things done" to gain praise and benefits. In the days that followed, whenever he drank three rounds, he always showed off with this matter, and since then, the reputation of "Brother Zheng" for being able to "catch people" has spread everywhere. According to the investigation, in addition to Sha Mouyi, Zheng Zhiyong also took advantage of his position to help others in evading punishment and seeking personal gain, and solicited bribes totaling 480,000 yuan from others.
At the same time, seeing the asymmetry of information among the relatives of the people involved in the case, and the lack of familiarity with laws, regulations, and procedural processes, Zheng Zhiyong even engaged in fraud. In the face of one criminal case after another, commutation and parole cases, Zheng Zhiyong has always refused to come, accepted money but did not do anything. Even in some cases investigated by local public security organs such as Chuxiong in Yunnan and Meishan in Sichuan, Zheng Zhiyong dared to respond to the case. In fact, Zheng Zhiyong has always lied that he has "connections" and "doorways" to help, and after asking for "dotting" funds, he just went to Kunming, Meishan and other places to play, and when he came back, he lied that he "had a show" and continued to ask for huge sums of money.
Zheng Zhiyong, who wantonly accumulates wealth and deceives others and deceives himself, seems to be thriving and prosperous, but in fact, he is in a panic. Over time, its fraud was revealed. According to the investigation, Zheng Zhiyong repeatedly defrauded others of a total of 460,000 yuan by deliberately fabricating facts and concealing the truth.
You can't indulge in your desires, and you can't grow gradually. Those who violate discipline and law are bound to pay a heavy price. "Even if there is 10 million yuan at the door now, if you want to go to jail in exchange for it, I won't take it if you kill me. After the investigators' patient teaching, Zheng Zhiyong finally repented.
Case analysis] As a cadre of the procuratorial system, Zheng Zhiyong is very familiar with national laws and regulations, but he has no ideals and beliefs, betrays his original mission, knows the law and violates the law, violates the law, seriously violates the "three provisions" on preventing interference in the judiciary, inquires about the case in violation of regulations, interferes with judicial activities, undermines judicial fairness, uses his position to facilitate others in evading punishment and seeking personal gain, solicits other people's property, and uses deception methods for many times for a long time to defraud others of huge amounts of property. Zheng Zhiyong seriously violated national laws and regulations, constituted a violation of duty and was suspected of ** crime and fraud, and did not restrain or stop after the 18th National Congress of the Communist Party of China, which is serious in nature and has a bad impact, and should be seriously dealt with. He was dismissed from public office on the basis of the "Supervision Law of the People's Republic of China", the "Law of the People's Republic of China on Governmental Sanctions for Public Employees", the "Regulations on Disciplinary Sanctions for Procuratorial Personnel" and other relevant laws and regulations. In accordance with the Criminal Law of the People's Republic of China and other relevant provisions, Zheng Zhiyong's conduct should be found to be a crime of ** and fraud.
1.Supervision Law of the People's Republic of China
Article 45: On the basis of the results of oversight and investigations, the Supervision Organs are to make the following dispositions in accordance with law:
2) Make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, or expulsion of public employees who violate the law in accordance with legally-prescribed procedures;
4) Where crimes abusing public office are suspected, and upon investigation the Supervision Organs find that the facts of the crime are clear and the evidence is credible and sufficient, they are to draft a written opinion for prosecution and transfer it to the people's procuratorate for review and prosecution in accordance with law, together with the case file materials and evidence;
Article 46: After investigation, the Supervision Organs are to confiscate, recover, or order restitution of illegally obtained property in accordance with law;Assets obtained in connection with a crime shall be transferred to the people's procuratorate along with the case.
2.Law of the People's Republic of China on Governmental Sanctions for Public Employees
Article 33: Those who commit any of the following acts shall be given warnings, demerits, or major demerits;where the circumstances are more serious, they are to be demoted or removed;where the circumstances are serious, they are to be dismissed
a) ** Bribery;
Article 41: Where public employees have other illegal conduct, impacting the image of public employees and harming the interests of the state and the people, they may be given corresponding governmental sanctions based on the severity of the circumstances.
3.Criminal Law of the People's Republic of China
Article 266:Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine;where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
Article 385: It is a crime for a state functionary to take advantage of his position to solicit other people's property, or to illegally accept other people's property to seek benefits for others.
In the course of economic exchanges, state functionaries violate state regulations by accepting kickbacks and fees in various names, which are owned by individuals, shall be punished as **.
4.Regulations on Disciplinary Punishment of Procuratorial Personnel
Article 23: Where procurators are suspected of committing crimes such as bribery, dereliction of duty, or infringement of rights, they shall be removed from office or dismissed.
Article 104: Accepting gifts, cash gifts, consumption cards, etc., that might affect the fair performance of official duties, and the circumstances are relatively minor, are to be given warnings, demerits, or major demerits;where the circumstances are more serious, sanctions of demotion or removal are to be given;where the circumstances are serious, a sanction of expulsion is to be given.
Article 107:Accepting banquets or arrangements for travel, fitness, entertainment, or other activities that might affect the fair performance of official duties, and the circumstances are more serious, are to be given warnings, demerits, or major demerits;where the circumstances are serious, sanctions of demotion or removal are to be given.
*: Honest Sichuan.