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No. 4 of Eight Model Cases of Lawfully Punishing the Crime of Offering Bribes Jointly Published by the Supreme People's Court and the Supreme People's Procuratorate: People v. Hu [REDACTED]ting (case of offering bribes) — Severely punishing the crime of offering bribes in the pharmaceutical field in accordance with the law
最高人民法院、最高人民检察院联合发布八起依法惩治行贿犯罪典型案例之四:胡某亭行贿案——依法严惩医药领域行贿犯罪
【法宝引证码】
  • Legal document: Ruling
  • Procedural status: Trial at Second Instance
 
  
No. 4 of Eight Model Cases of Lawfully Punishing the Crime of Offering Bribes Jointly Published by the Supreme People's Court and the Supreme People's Procuratorate: People v. Hu [REDACTED]ting (case of offering bribes) — Severely punishing the crime of offering bribes in the pharmaceutical field in accordance with the law 最高人民法院、最高人民检察院联合发布八起依法惩治行贿犯罪典型案例之四:胡某亭行贿案——依法严惩医药领域行贿犯罪
[Basic Facts] 基本案情
From 2013 to 2018, defendant Hu [REDACTED]ting sold medical films, disposable syringes, infusion sets, and other medical consumables to [REDACTED] City Central Hospital. In order to seek improper benefits, he repeatedly gave kickbacks totaling more than 5.32 million yuan to Song [REDACTED] and Sun [REDACTED], the directors of the central hospital. Additionally, he provided 170,000 yuan to Luo [REDACTED], the director of the equipment department, 130,000 yuan to Cao [REDACTED], the director of the pharmacy department, 130,000 yuan to Wang [REDACTED], and 180,000 yuan to the director of the CT department. Each individual involved was subject to disposition in separate cases. In total, the kickbacks amounted to more than 5.8 million yuan. 2013年至2018年,被告人胡某亭在向某市中心医院销售医用胶片、一次性注射器、输液器等医用耗材过程中,为谋取不正当利益,先后多次给予该中心医院两任院长宋某某、孙某某好处费共计532万余元,给予设备部主任罗某好处费17万元,给予药学部主任曹某某好处费13万元,给予CT室主任王某某(均另案处理)好处费18万元,合计580万余元。
[Proceedings] 【办理情况】
The People's Procuratorate of Zhanqian District, Yingkou City, Liaoning Province initiated public prosecution in the Primary People's Court of Zhanqian District, charging Hu [REDACTED]ting with the crime of offering bribes. After trial, the court held that Hu [REDACTED]ting gave property to state employees in order to seek improper benefits, the circumstances were particularly serious, and his act constituted the crime of offering bribes. Taking into account the facts, nature, circumstances, and harm to society of Hu [REDACTED]ting's crime, he was sentenced to fixed-term imprisonment of ten years and imposed a fine of 300,000 yuan for the crime of offering bribes. After the first-instance judgment was pronounced, Hu [REDACTED]ting appealed. The Yingkou Intermediate People's Court ruled to dismiss the appeal and affirm the original judgment. 辽宁省营口市站前区人民检察院指控被告人胡某亭犯行贿罪,向站前区人民法院提起公诉。站前区人民法院经审理认为,被告人胡某亭为谋取不正当利益,给予国家工作人员财物,情节特别严重,其行为已构成行贿罪。综合考虑胡某亭的犯罪事实、性质、情节和对社会的危害程度,以行贿罪判处胡某亭有期徒刑十年,并处罚金人民币三十万元。一审宣判后,胡某亭提出上诉。营口市中级人民法院裁定驳回上诉,维持原判。
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