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The author:(作者)qqpublished in(发表于) 2014/6/24 8:44:27 Media interpreting Central punished Lok provincial and ministerial level officials process
The highest Web site said yesterday, National Energy Board, former Director Liu tienan, alleged bribery case, former Vice Chairman of CPPCC Hunan Tong Mingqian suspected malpractice cases from Langfang, Hebei people's Procuratorate respectively and second branch of Beijing Municipal People's Procuratorate prosecuted. Lawyers North Green newspaper reporter said the official long distance trial of corruption has become a judicial practice in recent years.
Liu tienan, charged with bribery, "a huge amount"
Highest said yesterday, former Vice Director of the NDRC, former Director, national energy administration Liu tienan, alleged bribery case, the highest after the conclusion of the investigation, legally designated jurisdiction, from Langfang city, Hebei province, the same day to the Langfang intermediate people's Court of the people's procuratorates prosecuted.
Stage of review and prosecution of procuratorial organs shall inform the defendant Liu tienan, the litigation rights and questioning the defendant, heard the views of its Principal Defender.
Langfang city people's Procuratorate's indictment: accused Liu tienan, Director of the Industrial Development Division of the State Planning Commission, the State development and Reform Commission industrial Secretary, Deputy Director of the national development and Reform Commission and other duties to facilitate, for the benefit of others, illegally accepting other people's property, the amount involved is especially huge, should a bribery investigation of his criminal responsibility according to law.
Tong Mingqian which allegedly caused "severe political impact"
Liu tienan was indicted the same day that former Vice President Tong Mingqian of Hunan province arrested for dereliction of duty cases to be prosecuted. Highest said yesterday, the highest after the conclusion of the investigation, designated by the law governing that day by the second branch to the Beijing second intermediate people's Court of Beijing Municipal People's Procuratorate prosecuted.
Stage of review and prosecution of procuratorial organs shall inform Tong Mingqian of the defendant's litigation rights, and interrogated the accused. Beijing Procuratorate second branch indictment allegations: accused Tong Mingqian in served as Communist Hengyang municipal Secretary, and Hengyang City general work led group leader, positions during, serious not responsible, not right perform duties, led Hengyang City 14th session congresses first times Conference election Hunan provincial people's Congress representative occurred serious bribery, serious against has national and people interests, caused special bad of political and social effects, law should to dereliction of sin held its criminal.
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Offsite official corruption trial into judicial practice
Original Chongqing Party Chief Bo Xilai tried in Jinan, Shanghai party Secretary Chen Liangyu in Tianjin on trial, former Chairman Huang Yao tried in the Sichuan province, Guizhou province, ... ... In recent years, several senior officials for graft cases specified by the law governing the interprovincial long distance trial, lawyers said in an interview with North Green newspaper reporter, it has become a judicial practice.
China University criminal law Professor Hong Daode said the law does not provide for jurisdiction must be subject to designated off-site corruption cases, but for this kind of case is a legal basis for designation of jurisdiction. Generally, in cases of unclear jurisdiction or there is an objective need for designation of jurisdiction, the corruption cases are designated jurisdiction should belong to the latter.
Can be seen from the judicial practice in recent years, most of the provincial and ministerial level officials of corruption for trans-province long-distance hearing, Department or Bureau level cadres ' corruption cases are heard in different places within the province. National School of administration, Department of law, Professor Ren Jin had said in an interview, official crime cases offsite trial had become a judicial practice. Offsite trial may be preventing officials from using their power to influence the investigation and trial of the case in the area of or interfere with the independence and impartiality of the trial.
Memory
Liu tienan,:
18 big first double open ministerial level officials
After Liu tienan was 18 largest first is investigation by the Central Commission for discipline inspection and declared that "double" of provincial and ministerial level officials.
Beginning of December 2012, Caijing magazine's Deputy Editor Luo Chang level report his alleged falsification of qualifications, and businessman businessmen Alliance Ni Ritao, caused concern. In early May last year, the Xinhua News Agency said, from the Central Commission for discipline inspection that Liu tienan, for suspected serious disciplinary offences under investigation. In early August, Ministry Web site says his is "double", take over its violation of proceeds to be suspected of crime transferred to judicial organs according to law.
Tong Mingqian:
Found during an inspection of the "Tiger"
From the end of 2012 early 2013, Hengyang City, Hunan province, witnessed a serious electoral violation cases. Hunan province, according to the latest report, 466 people have been given disciplinary punishment, 68 people have been filed for investigation.
Late last year, the central inspection teams visited Hunan in the second round of inspections. On December 18 of that year, during inspections near the end, the Central discipline Inspection Commission announced that Tong Mingqian illegal is under investigation for suspected serious disciplinary offences. Subsequently, the Central Commission for discipline inspection said Tong Mingqian did not perform their duties correctly, Hunan provincial people's Congress of Hengyang City people's Congress elections exposed the bribery issue, failed to take effective measures to strictly investigate and deal with, resulting in serious bribery cases of violation to disrupt the elections, according to the relevant regulations, pay Tong Mingqian expelled from the party, discharged from public employment disciplinary action will be referred to judicial authorities on alleged crime dealt with according to law.
Shortly after the Central Commission for discipline inspection said Tong Mingqian, Liao Shaohua and other six officials checked the Department of inspection results.
Construction
Liu tienan, Tong Mingqian case when trial?
After Liu tienan, Tong Mingqian being prosecuted, these two cases will be heard when? Legal professionals said in an interview with North Green newspaper reporter, the Court accepts the prosecution case not necessarily immediately after hearing, but generally speaking, at the latest, to condemn an audit results in a few months.
Existing provisions of the code of criminal procedure: the people's Court is a case of public prosecution shall be accepted within two months after the verdict, no later than three months. On the possible imposition of the death penalty cases or cases of incidental civil action, and provides one of the 156th of this law, approved by a higher people's Court, and may be extended for three months under special circumstances also need to be extended, and reported to the Supreme People's Court for approval.
Punishment of "Tiger" what processes?
According to incomplete statistics of the media, since the 18 over more than 30 provincial-level officials have been sacked. The "Tiger" is what steps when punishment?
Some media said 16 punishment for provincial and ministerial level officials in corruption cases since have formed a relatively fixed patterns, the Central Commission for discipline inspection over the highest after investigation before implementing a remote investigation and offsite trial. China University criminal law Professor Hong Daode told bei Qing newspaper, usually the Central discipline Inspection Commission investigation will look up official disciplinary punishment in accordance with the relevant provisions, constitutes a crime for the surrender of the highest, the highest law cases assigned to a provincial prosecutor's Office.
According to the highest Web site, Liu tienan, seized Tong Mingqian is the highest in the conclusion of the investigation, legally designated jurisdiction, respectively by the people's procuratorates and the people's Procuratorate of Beijing, Langfang city to sue. Hong Daode said the Central Commission for discipline inspection handed over the highest case not necessarily be investigated by the highest, sometimes also filed for investigation by the provincial prosecutor's Office, after the conclusion of the investigation, prosecute to the Court at the same level.
This version of text/reporter Liu cartographic/Pan 璠
(Original title: Liu tienan, Tong Mingqian being prosecuted)
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