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王立军一审被判有期徒刑15年


http://en.youth.cn   2012-09-25 08:37:00

Wang Lijun sentenced to 15 years in prison

  2012年9月24日,四川省成都市中级人民法院对重庆市原副市长、公安局原局长王立军徇私枉法、叛逃、滥用职权、受贿案作出一审宣判,对王立军以徇私枉法罪判处有期徒刑七年;以叛逃罪判处有期徒刑二年,剥夺政治权利一年;以滥用职权罪判处有期徒刑二年;以受贿罪判处有期徒刑九年,数罪并罚,决定执行有期徒刑十五年,剥夺政治权利一年。

  成都市中级人民法院经审理查明:

  2011年11月15日,英国公民尼尔.伍德被发现在其入住的重庆市一酒店房间内死亡。王立军身为重庆市公安局局长,在明知薄谷开来有杀害尼尔.伍德的重大嫌疑,且已掌握重要证据的情况下,为徇私情,指派与其本人及薄谷开来关系密切的副局长郭维国负责该案,向办案人员隐瞒薄谷开来向其讲述投毒杀害尼尔.伍德的情况及掌握的录音证据,对郭维国等人违背事实作出尼尔?伍德系酒后猝死的结论予以认可,将记录薄谷开来作案当晚到过现场的监控录像硬盘交给薄谷开来处置,以使薄谷开来不受刑事追诉。

  后王立军与薄谷开来产生矛盾并不断激化,王立军遂要求重庆市公安局有关人员重新调取、整理及妥善保管尼尔.伍德死亡案的证据,并提供了薄谷开来向其讲述投毒杀害尼尔?伍德的录音资料。2012年2月7日,王立军向国家有关部门反映了薄谷开来涉嫌故意杀害尼尔.伍德的情况并提供了相关证据材料。经公安机关依法复查侦破了薄谷开来故意杀人案。

  2012年2月初,王立军职务被宣布调整,身边多名工作人员被非法审查,王立军感到自身处境危险,遂于2月6日14时31分私自进入美国驻成都总领事馆,请求美方提供庇护,并提出政治避难申请。后经我有关方面劝导,王立军于2月7日23时35分自动离开美国驻成都总领事馆。

  2010年1月至2012年2月,王立军在担任重庆市公安局局长期间,违反国家有关法律规定,授意该局有关工作人员,不履行合法审批手续,先后对多人使用技术侦察措施,严重侵犯了公民的合法权益,破坏了社会主义法制。

  2008年9月至2009年11月间,王立军先后接受大连实德集团有限公司董事长徐明和大连世源贸易有限公司法定代表人于俊世的请托,利用担任重庆市公安局常务副局长、局长的职务便利,指令重庆市公安局办案人员释放四名涉案羁押人员。期间,王立军收受徐明出资人民币285万余元购买的住房两套,接受于俊世为其租住的别墅支付租金人民币20万元。案发后,受贿财物绝大部分被追缴。

  王立军到案后揭发了他人重大违法犯罪线索,为有关案件的查办发挥了重要作用。

  成都市中级人民法院认为,王立军身为重庆市公安局局长,明知他人有故意杀人重大嫌疑,徇私枉法,故意包庇使其不受追诉,其行为已构成徇私枉法罪,且情节特别严重;王立军作为国家机关工作人员,在履行公务期间,擅离岗位,叛逃外国驻华使领馆,其行为已构成叛逃罪,且情节严重;王立军滥用职权,非法对多人使用技术侦察措施,严重侵犯了公民的合法权益,破坏了社会主义法制,其行为已构成滥用职权罪;王立军作为国家工作人员,利用职务上的便利,为他人谋取利益,非法收受他人财物,其行为已构成受贿罪,其收受贿赂后为请托人谋取不正当利益,情节恶劣。王立军后来要求重庆市公安局有关人员对薄谷开来涉嫌故意杀人案重建档案、调查补证、保留物证,向国家有关部门反映薄谷开来涉嫌故意杀人的问题,并提供有关证据材料,积极协助复查,对公安机关侦破该案起了重要作用,对其所犯徇私枉法罪可酌情从轻处罚。王立军作为掌握国家秘密的国家工作人员叛逃境外,依法应从重处罚;王立军犯叛逃罪后自动投案,并如实供述其叛逃的主要犯罪事实,属自首,可依法减轻处罚。王立军揭发他人重大违法犯罪线索,为有关案件的查办发挥了重要作用,有重大立功表现,可依法减轻处罚。据此,根据王立军犯罪的事实、性质、情节、对于社会的危害程度及王立军当庭认罪、悔罪的表现,法院遂依法作出上述判决。

  王立军当庭表示不上诉。

A Chinese court on Monday sentenced Wang Lijun to 15 years in prison and deprived him of his political rights for one year after finding him guilty of bending the law for selfish ends, defection, abuse of power and bribe-taking.

Wang, the former vice mayor and police chief of southwest China's Chongqing municipality, was charged with several crimes and received a combined punishment for all offenses, according to a verdict announced by the Chengdu City Intermediate People's Court in southwest China's Sichuan Province.

Wang received seven years in prison for the charge of bending the law for selfish ends, two years in prison and deprivation of his political rights for one year for the charge of defection, two years in prison for the power abuse charge and nine years in prison for the charge of bribe-taking. He received a combined punishment of 15 years in prison and deprivation of his political rights for one year.

Wang stated to the court that he would not appeal the sentence.

The court found that on Nov. 15, 2011, British national Neil Heywood was killed in his hotel room in Chongqing.

Despite knowing that Bogu Kailai was a major suspect in Heywood's murder and having obtained important related evidence, Wang, then chief of Chongqing's Public Security Bureau, bent the law by selecting Guo Weiguo, then deputy chief of the bureau and a close friend of both Wang and Bogu Kailai, to take charge of the case.

Wang concealed from police the fact that Bogu Kailai had recounted her poisoning of Heywood to him, as well as he hid a recording of her recount.

Wang accepted Guo's verdict that Heywood had died from drinking too much, although facts ran contrary to Guo's claim. Wang also offered Bogu Kailai a video recording that showed her at the crime scene on the night of Heywood's death in an attempt to prevent her from being prosecuted.

After Wang had conflicts with Bogu Kailai and as the conflicts began to escalate, Wang told personnel at the Chongqing Public Security Bureau to re-collect, sort through and carefully keep the evidence from Heywood's case. Wang also provided them with the recording in Bogu Kailai admitted poisoning Heywood.

On Feb. 7, 2012, Wang reported to relevant state organs that Bogu Kailai was suspected of intentionally killing Heywood and offered relevant evidence and materials. Police re-investigated and cracked the case in accordance with law.

In early February 2012, Wang's positions and duties were adjusted and his close aids were illegally interrogated.

Feeling that he was in danger, Wang entered the U.S. Consulate General in Chengdu without permission at 2:31 p.m. on Feb. 6 and asked the U.S. side for political asylum.

Wang left the U.S. diplomatic mission of his own volition at 11:35 p.m. on Feb. 7 after being persuaded by the Chinese side.

From January 2010 to February 2012, when he served as director of the Chongqing Public Security Bureau, Wang instructed the bureau's staff to use technical investigation measures against many people without obtaining legal approval from authorities, an act that severely undermined the socialist rule of law and infringed on citizens' legitimate rights and interests.

From September 2008 to November 2009, Wang, as the executive deputy chief and then chief of Chongqing Municipality Public Security Bureau, accepted requests from Xu Ming, board chairman of the Dalian Shide Group Co., Ltd. and Yu Junshi, legal representative of Dalian Shiyuan Trade Co., Ltd. and instructed law enforcement departments to illegally release four suspects who were being detained.

During that period, Wang received two apartments in Beijing worth 2.85 million yuan (449,583 U.S. dollars) bought by Xu and received a total of 200,000 yuan from Yu to cover the rent for Wang's villa in Chongqing. Most of the property and money involved in the bribery has been reclaimed.

After being arrested, Wang produced important clues that exposed serious offenses committed by others. These clues played a key role in the investigation of other cases.

The court held that Wang Lijun, as then-chief of Chongqing's Public Security Bureau, knew perfectly well that someone was under serious suspicion of intentional homicide, bent the law for selfish ends and deliberately covered up the case so that the relevant person would not be held legally responsible. His behavior constituted the crime of bending the law for selfish ends and the circumstances were especially serious.

Wang, acting as a state functionary, left his post without permission and defected to a foreign country's consulate while performing his official duties. His behavior constituted the crime of defection and the circumstances were serious.

Wang abused power and illegally used technical investigation measures against many people. These acts severely infringed upon citizens' legitimate rights and interests and undermined the socialist rule of law. His acts constituted the crime of power abuse.

Wang, acting as a state functionary, took advantage of his position to seek interests for others and illegally receive property and money from others. His acts constituted the crime of bribe-taking. He sought illegitimate interests for others after taking bribes. The circumstances were vile.

Wang later ordered his subordinates in the Chongqing police to refile the case of the intentional homicide involving Bogu Kailai, as well as re-collect, sort through and preserve evidence for the case. He also reported to authorities the possible involvement of Bogu Kailai in the murder, provided evidence and willingly assisted in the reinvestigation of the case, as well as played a key part in cracking the case. Considering this, the penalty for the crime of bending the law for selfish ends should be lighter.

Wang Lijun, as a state functionary who knew state secrets and defected to another country, should receive a heavy penalty according to the law.

After committing the crime of defection, Wang turned himself in and confessed to the crimes he had committed, which could be considered to be voluntary surrender and merit a lighter penalty according to law.

He also produced important clues for exposing serious offenses committed by others and played a key part in the investigation of those cases. This could be considered as a major meritorious service, which merits a lighter penalty.

Taking into consideration the crimes Wang committed, their social impact and the fact that Wang pled guilty and confessed to the crimes at trial, the court has handed down the verdict above according to law.

 
source : 新华网     editor:: 张岩
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