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The second trial of Yang Biao's crime of accepting bribes and using influence to accept bribes was publicly tried in the Eighth Court of Shanghai No. 1 Intermediate People's Court, and the lawyer of Li Xiaohua Law Firm appeared in court to defend

Issuing time:2024-04-09 11:27

At 10 a.m. on May 28, 2021, the second trial of Yang Biao, former deputy director of the Financial Services Department 1 of the Shanghai Headquarters of the People's Bank of China, was publicly tried in the Eighth Court of the Shanghai No. 1 Intermediate People's Court, and the lawyer of Li Xiaohua Law Firm appeared in court to defend.

The lawyer believes:

The essential difference between the crime of accepting bribes and civil legal relations should be strictly distinguished. It is determined that it constitutes the crime of accepting bribes, which should comply with the subjective and objective requirements for accepting bribes stipulated in our country's criminal law and reflect the basic principle of statutory crimes and criminality in our country's criminal law. Article 385, Paragraph 1 of the Criminal Law of my country stipulates that if a state employee uses his position to demand property from others, or illegally accepts property from others, and seeks benefits for others, it is the crime of accepting bribes. The essential characteristic of the crime of accepting bribes is power-money transactions, which infringes on the integrity of the duties of state officials.


According to Article 388 of the Criminal Law of my country, [Crime of taking bribes with influence] The close relatives of state staff or other persons close to those who have close ties with those who are in the state staff, through the actions of the state staff, or the convenient conditions formed by the power or status of the state staff, through the actions of other state staff, to seek improper benefits for the requester, request property of the requester or accept property of the requester, and in large amounts or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years, and shall be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than seven years, and shall be fined or the property shall be confiscated. If a resigned state employee or his close relatives or other persons close to him or her, he or she shall use the convenient conditions formed by the original power or status of the resigned state employee to commit the acts in the preceding paragraph, he or she shall be convicted and punished in accordance with the provisions of the preceding paragraph.

The different boundaries between crime and non-crime should be drawn, reflecting the principle that the conviction of crimes in our country's criminal law is indefinite, the evidence should meet the standard of sufficient proof, and reasonable doubts should be eliminated.