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No. 1 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. Yang [REDACTED]chang (case of offering bribes) — Lawfully, severely punishing the crime of offering bribes committed in order to bring an organization of a gangland nature under a "protective umbrella"
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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一：杨某昌行贿案——依法严惩谋求黑恶势力“保护伞”行贿犯罪
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【法宝引证码】
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- Legal document：
Ruling
- Procedural status：
Trial at Second Instance
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| No. 1 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. Yang [REDACTED]chang (case of offering bribes) — Lawfully, severely punishing the crime of offering bribes committed in order to bring an organization of a gangland nature under a "protective umbrella" | | 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一：杨某昌行贿案——依法严惩谋求黑恶势力“保护伞”行贿犯罪 |
| [Basic Facts] | | 【基本案情】 |
| Defendant Yang [REDACTED]chang organized and led an organization of a gangland nature, which repeatedly engaged in illegal and criminal activities, causing oppression and harm to the public. From 2004 to 2018, in order to seek illegal protection, Yang [REDACTED]chang repeatedly gave bribes, totaling more than 1.006 million yuan, to Yue [REDACTED], the deputy magistrate of [REDACTED] County and director of the Public Security Bureau of [REDACTED] County; Deng [REDACTED], the deputy director of [REDACTED] District Branch of the Public Security Bureau of [REDACTED] City; and Wang [REDACTED], the commissar of the Criminal Investigation Unit of the Public Security Bureau of [REDACTED] City. | | 被告人杨某昌组织、领导黑社会性质组织，多次实施违法犯罪活动，为非作恶，欺压、残害群众。2004年至2018年，杨某昌为寻求非法保护，多次向某县副县长、公安局局长岳某，某市公安局某区分局副局长邓某某，某市公安局刑侦支队政委王某某（均另案处理）行贿，共计100.6万余元。 |
| It was also ascertained that Yang [REDACTED]chang had been convicted and sentenced by the Intermediate People's Court of Mianyang City, Sichuan Province for 13 charges including organizing and leading an organization of a gangland nature. | | 另查明，被告人杨某昌因犯组织、领导黑社会性质组织罪等13项罪名，已被四川省绵阳市中级人民法院定罪处刑。 |
| [Proceedings] | | 【办理情况】 |
| The People's Procuratorate of Fucheng District, Mianyang City, Sichuan Province initiated public prosecution in the Primary People's Court of Fucheng District, charging Yang [REDACTED]chang with the crime of offering bribes. After trial, the court held that defendant Yang [REDACTED]chang repeatedly gave property to several state employees in order to seek improper benefits, the circumstances were serious, his acts constitute the crime of offering bribes. Based on the facts, nature, circumstances, and harm to society of Yang [REDACTED]chang's crime, the court sentenced Yang [REDACTED]chang to fixed-term imprisonment of five years and six months offering bribes in addiction to a fine of 200,000 yuan for the crime of offering briberies. Additionally, considering his previous conviction for organizing and leading an organization of a gangland nature, the court decided to execute a total fixed-term imprisonment of twenty-five years, deprivation of political rights for three years, and confiscation of all his personal property. After the first-instance judgment was pronounced, Yang [REDACTED]chang appealed. The Intermediate People's Court of Mianyang City ruled to dismiss the appeal and affirm the original judgment. | | 四川省绵阳市涪城区人民检察院指控被告人杨某昌犯行贿罪，向涪城区人民法院提起公诉。涪城区人民法院经审理认为，被告人杨某昌为谋取不正当利益，先后多次给予多名国家工作人员财物，情节严重，其行为已构成行贿罪。根据杨某昌的犯罪事实、性质、情节和对社会的危害程度，以行贿罪判处杨某昌有期徒刑五年六个月，并处罚金人民币二十万元，与其已判决的组织、领导黑社会性质组织罪等进行并罚，决定执行有期徒刑二十五年，剥夺政治权利三年，并处没收个人全部财产。一审宣判后，杨某昌提出上诉。绵阳市中级人民法院裁定驳回上诉，维持原判。 |
| ．．．．．． | | ．．．．．． |
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