Supreme Court: Punishment for “fly-like corruption and ant-like graft” should be strict when necessary and lenient when appropriate, ensuring that penalties match the crimes.
In the fight against petty corruption, the Supreme People’s Court has emphasized the principle of balancing leniency and severity, ensuring that strict measures are applied where necessary and leniency is granted when appropriate. On December 9, the Supreme People’s Court released six typical cases of legally punishing petty corruption.
According to The Paper, these six cases involve corruption crimes in the fields of housing security, education enrollment, medical insurance, labor employment, finance and taxation, and land acquisition and demolition, with all defendants being legally punished.
Among these, in two typical cases of bribery in the tax sector and embezzlement in the medical insurance sector, some defendants received the maximum sentence of twenty years in prison due to particularly large amounts of bribery and fraud, and failure to return embezzled funds. Others, who embezzled large sums but had mitigating circumstances such as voluntary surrender and full restitution, received reduced sentences, reflecting the principle of balancing leniency and severity to ensure that penalties fit the crimes.
The Supreme People’s Court has taken a firm stance against bribery in the tax sector, showing zero tolerance and no leniency. In the case of Wu Moupeng, who was involved in embezzlement, bribery, and fraud, a local government arranged for the establishment of a mining product trading company to support local industry and public welfare. From 2012 to 2020, Wu, taking advantage of his positions as deputy town mayor and town mayor, manipulated tax support rewards and falsely listed tax support funds to illegally obtain over 10.86 million yuan in national financial funds. He also illegally accepted over 5.52 million yuan in bribes and fraudulently obtained a project deposit of 1 million yuan. Up until the first-instance verdict, Wu had not returned any embezzled funds.
The People’s Court of Tongling City, Anhui Province, found that Wu had used his position to embezzle national financial funds and illegally accept bribes, both in particularly large amounts, and had committed fraud with the intent of illegal possession, also in a particularly large amount. His actions constituted embezzlement, bribery, and fraud. Although Wu had some mitigating circumstances, he did not return the embezzled funds. Considering the facts, nature, circumstances of the crime, and the degree of harm to society, he was sentenced to thirteen years in prison for embezzlement, ten years and six months for bribery, and ten years for fraud, with a total sentence of twenty years and a fine of 1.2 million yuan. The court also ordered the recovery of embezzled and bribed funds. After the first-instance verdict, there was no appeal or protest within the legal timeframe, and the verdict has taken legal effect.
The Supreme People’s Court noted that the state’s tax support rewards for enterprises are significant for reducing tax burdens and promoting healthy development. In this case, Wu, as a state employee, manipulated tax support policies to illegally obtain national financial subsidies meant for supporting enterprise development, resulting in significant losses to the national treasury.
The Supreme People’s Court indicated that the court’s decision to impose a twenty-year prison sentence and a fine of 1.2 million yuan on Wu sends a strong signal of zero tolerance for bribery in the tax sector.
In the case of Li Mou, who was involved in embezzlement in the medical insurance sector, the defendant received a reduced sentence due to voluntary surrender and full restitution, reflecting the principle of balancing leniency and severity.
The case revealed that from January 2019 to April 2022, Li, taking advantage of his position as a staff member in the medical insurance office of a local government, collected over 410,000 yuan in basic medical insurance fees from villagers, of which 140,000 yuan was properly recorded in the medical insurance system, while the remaining over 270,000 yuan was embezzled by Li for personal expenses such as home renovations. It was also found that Li voluntarily confessed and returned all embezzled funds.
The People’s Court of Xiangdong District, Pingxiang City, Jiangxi Province, determined that Li had embezzled a significant amount of basic medical insurance fees, constituting embezzlement. Given Li’s voluntary surrender and full restitution, the court lawfully reduced his punishment, sentencing him to two years in prison and a fine of 100,000 yuan, while also ordering the recovery of the embezzled funds. After the first-instance verdict, there was no appeal or protest within the legal timeframe, and the verdict has taken legal effect.
The Supreme People’s Court emphasized that medical insurance funds are crucial for the public’s healthcare and well-being. In this case, Li’s actions of illegally intercepting and embezzling villagers’ medical insurance fees violated the legitimate rights and interests of the people and undermined the integrity of public officials. The court’s comprehensive consideration of Li’s criminal facts, nature, circumstances, and social harm, along with the punishment for embezzlement and recovery of embezzled funds, highlights a clear stance on legally punishing petty corruption in the medical insurance sector and firmly safeguarding the interests of the people.
