On January 3,2020, the Intermediate People's Court of Songyuan City of Jilin Province publicly sentenced the Chinese Academy of Engineering, Professor Li Ning of the Agricultural University of China and co-defendant Zhang Lei in the case of corruption, sentenced the defendant Li Ning to 12 years'imprisonment and a fine of RMB 3 million, sentenced the defendant Zhang Lei to five years and eight months'imprisonment and a fine of RMB 200,000 for embezzlement.
From July 2008 to February 2012, the defendant, Li Ning, took advantage of his position as professor of the Agricultural University of China, director of the State Key Laboratory of Agricultural Biotechnology of the Agricultural University of China, head of the Li Ning Research Group of the College of Biology of the Agricultural University of China and the position of managing the funds for major national scientific and technological projects. The money was transferred to Li Ning's personally controlled accounts and used to invest in several companies.
The Songyuan Intermediate People's Court found that the defendant Li Ning and Zhang Lei used Li Ning's position to embezzle and defraud scientific research funds, the amount is particularly huge, Li Ning, Zhang Lei's behavior has constituted a crime of corruption. In view of the continuous adjustment of the management system of scientific research funds in recent years, according to the relevant provisions of the latest measures for the management of scientific research funds, combined with the principle of modesty of criminal law, according to the maximum proportion of indirect expenses at the disposal of Li Ning and Zhang Lei, the amount of 3.45 million yuan after the reduction may no longer be criminally evaluated, but the amount should still be regarded as illegal income, the defendant Li Ning, Zhang Lei embezzled more than 34.10 yuan. In the joint crime, li ning is the principal offender, has the legal heavier punishment circumstances, this case part of the stolen money has been recovered, li ning may be given a lighter punishment as appropriate; zhang lei is an accessory, and guilty of repentance, according to the law can reduce the punishment. The court then rendered the above-mentioned judgment.
A: According to the Criminal Law of the People's Republic of China and the Interpretation of Certain Questions Concerning the Application of Law in Criminal Cases of Corruption and Bribery, the Supreme People's Court and the Supreme People's Procuratorate have interpreted the relevant provisions of the Criminal Law of the People's Republic of China.
According to the facts found in this case, according to the li ning, zhang lei's indirect expenses at the disposal of the highest proportion of the reduction, the defendants li ning, zhang lei embezzled more than 34.1 million yuan, belong to the \"particularly huge amount\" sentencing range. In the joint crime, Li Ning is the main criminal of joint corruption, with a statutory heavier punishment, the case has been recovered part of the stolen money, Li Ning may be given a lighter punishment as appropriate. The court then rendered the above-mentioned judgment according to law.
A: The defendants, Li Ning and Zhang Lei, were tried twice for five years. It mainly involves several factors such as the change of criminal law, the judicial interpretation of the two high levels in 2016 about the adjustment of the amount of crime and the reform of the management system of scientific research funds.
⑴《 Paragraph 1 of Article 208 of the Criminal Procedure Law of the People's Republic of China and paragraph 2 of Article 173 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China clearly stipulate the extension of the time limit for the trial. Before the expiration of the time limit for the hearing of a case, the higher court and the Supreme People's Court may, in accordance with the law, apply to the court for approval to extend the time limit for the hearing of the case, in full conformity with the provisions of the law.
⑵ This case involves the management and use of scientific research funds, with strong policy. In order to better serve the national strategy of scientific and technological innovation and protect the legitimate rights and interests of scientific and technological personnel to the maximum extent, the court has always focused on the changes in the relevant policies on the management and use of scientific research funds in the course of the trial, and has carefully studied the relevant documents of the state and the Agricultural University of China on the management of scientific research funds, and fully considered the above factors in the judgment.
⑶ In view of the State's continuous adjustment of the management system of scientific research funds in recent years, in accordance with the relevant provisions of the latest measures for the management of scientific research funds and the principle of modesty in the criminal law, the facts of corruption alleged by the procuratorial organs are reduced according to the maximum proportion of indirect expenses at the disposal of Li Ning and Zhang Lei, and the 3.45 million yuan after the reduction can no longer be criminally evaluated, fully reflecting the "old and lighter" judicial principle.
3. Q:Does Li Ning Ning, as a scientist in the field of animal transgenic research in China, has its special status and its scientific contribution to scientific research?
Answer: Li Ning partnership with Zhang Lei embezzlement case, is the State Audit Office to carry out a special audit found by the Supreme people's Procuratorate to investigate and deal with according to law, and the Supreme people's Court appointed by the Jilin Province Songyuan City Intermediate people's Court to try major, difficult, complex cases.
The criminal law of our country clearly stipulates:\" All crimes committed against anyone are equal in application of the law. There is no privilege beyond the law. As a member of the Chinese Academy of Engineering, Li Ning also deeply regrets that he was sentenced to criminal punishment. However, whoever violates the law should be prosecuted for criminal responsibility according to law. No status can be an excuse for being above or outside the law. When deciding the penalty, the court will consider the penalty imposed on the crime according to the facts, nature, circumstances and harm to the society, according to the provisions of the law.
A: The management system of the state scientific research funds has been continuously revised and improved in recent years. With the reform of the scientific research system, the state has made some relatively loose adjustments to the management and use of scientific research funds, allowing the project balance funds to be arranged by the project undertaking units for direct expenditure for scientific research activities within a certain period of time. However, the state has also been strengthening the supervision and management of scientific research funds.First, the state funds for scientific research for specific scientific research projects cannot be used for other individual projects without authorization, nor can the state funds for scientific research be used to pay for individual projects. Second, judging from the facts and evidence found in the trial, Li Ning does not invest self-financing in its related scientific research projects, and all the funds involved in the case are derived from the allocation of funds by the state finance. Therefore, Li Ning's crime cannot be attributed to the improvement of the management and use system of national scientific research funds. Third, scientific research funds have strict examination and approval procedures and management requirements.
5。 Q: During the trial, Li Ning insisted that his behavior was not corrupt, the funds withheld were to continue scientific research activities, and the related companies were platform companies set up to meet the needs of scientific research activities. How does the court find this?
A: The main purpose of the state's allocation of scientific research funds is to provide financial guarantee for the smooth development of scientific research activities, and then to promote the progress and development of science and technology. Scientific research funds come from the relevant departments of the state, belong to the financial funds, must be earmarked for special purposes, scientific research funds allocated to colleges and universities, its attribute is still state-owned property, but not the personal property of the subject-in-charge or the research group, according to the provisions of the law, the act of embezzling and defrauding scientific research funds constitutes a crime of corruption. Therefore, the use of scientific research funds has a clear specificity and does not allow any person to withhold, collect or use them in any name or in any way.
According to the whereabouts of the money involved in the trial, the vast majority of the money was used to invest in Li Ning's personal investment company or to increase capital after it was transferred to its personally controlled bank account by means of embezzlement, fraud, false invoicing and false listing of labor expenses. The companies involved in the case, such as Beijing Quanshun Jetta Technology Co., Ltd., Wuxi Kejieno Biotechnology Co., Ltd., have not engaged in any scientific research activities up to the time of the case. And the above-mentioned companies are neither established or authorized by the china agricultural university, nor belong to the research platform designated and approved by the china agricultural university.
Part of the money involved in the case was held personally. According to the public prosecutor's testimony in court, his company's temporary employment of drivers, jip lin, jifolin, zhang lei has let it in his personal name to open a bank card, to a special account teller eu used to collect off-account funds. After resigning, the driver found that the bank card had more than 600,000 yuan, which the company had never asked for the money, so it was used to buy wealth management products and personal consumption.
A: according to the facts found out in the court trial, Li Ning embezzled money, including three parts, one is the elimination of animals and cow milk sales after the test, the other is the balance of the project funds in his own name and others'names, and the third is the balance of the labor costs of his own and others'projects. Among them, in addition to embezzling his own scientific research funds, Li Ning also used the means of falsely issuing 223 invoices to obtain a large amount of scientific research funds in the name of others 20.92 million yuan, accounting for 82% of the total amount. The procuratorial organs have issued documentary evidence such as reimbursement documents, the testimony of a certain witness, the appraisal opinion and Zhang Lei's confession, and found that the evidence of the above facts is conclusive.
A: Article 55 of the Criminal Procedure Law of the People's Republic of China stipulates:\" The sentence of all cases should emphasize on evidence, investigation and research, and not on confessions. Only the accused's statement, without other evidence, cannot be found guilty and punished; without the accused's statement, if the evidence is true and sufficient, the accused may be found guilty and punished.\" During the trial, although Li Ning refused to plead guilty, the procuratorial organs presented a large number of evidence, including the clear and stable confession of the defendant Zhang Lei, the testimony of two accounting officers of Li Ning Company and several other witnesses, and the relevant documentary evidence of obtaining funds, etc., the evidence could be mutually corroborated and consistent with the opinion of forensic accounting. The court then rendered the above-mentioned judgment according to law. Li Ning refused to plead guilty in the case, and the court respected and guaranteed the litigation rights of Li Ning and its defenders, and fully listened to the views of Li Ning and its defenders.
A: The case was heard in public on December 30,2019. During the trial, the Intermediate People's Court of Songyuan City, Jilin Province, invited deputies to the National People's Congress at the three levels in Jilin Province and Songyuan City and members of the CPPCC Committee, as well as some media reporters, some representatives of the academic circles and the grassroots to attend the trial. Meanwhile, the defendant, Li Ning and Zhang Lei's close relatives and representatives of the unit's China Agricultural University, attended the scene. Public sentencing on January 3,2020. (CCTV reporter Xi Denyi)