How to judge Taizihui?

Hello, the defendant Liang was convicted by Dongguan Intermediate People's Court at 9: 00 am on August 1 1 2065438, and was sentenced to life imprisonment, deprived of political rights for life and confiscated all personal property.

Combined punishment for several crimes is a system of combined punishment for several crimes for the same person. Judging from Liang's criminal behavior, Liang committed three different crimes: organizing prostitution, colluding in bidding and bribery in the unit. Imaginary competition, absorption or participation is impossible. Since 2004, the sauna center of Prince Hotel has gradually become a place for large-scale prostitution, organizing prostitutes, including many minors, to attract guests to spend money in the sauna center and earn profits from it. In just 20 13 a year, the illegal income of the sauna center of Prince Hotel was as high as 48.7 million yuan, and the number of prostitution was as high as10/871time. The crime of organizing prostitution objectively shows that the actor organizes, plans and directs others to engage in prostitution. All three behaviors are organized prostitution, and they are obviously organized. As long as the perpetrator has one or more of them, it can be considered as organizing prostitution. As the actual manager of Prince Hotel, Liang has the decision-making power over Prince Hotel, including the sauna department, and is the decision-maker and controller of organizing prostitution in the sauna center of Prince Hotel, so he is the principal offender of organizing prostitution. Subjectively, organizing others to engage in prostitution belongs to "organizational intention", that is, the actor Liang knows that he is organizing others to engage in prostitution, knowing that this kind of organizational behavior will cause harmful results to society, and hopes or lets this result happen. Therefore, Liang organized the crime of prostitution. Article 358 of the Criminal Law "Whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. "

Liang also colluded with other bidders at a bidding meeting, informing those who participated in the bidding on behalf of his company not to bid by placard, so that others won the bid at a low price, causing serious economic losses to the country. Afterwards, Liang received a benefit fee of 6,543,800 yuan. Bidders unanimously agree to lower the bid price, which belongs to collusion among bidders. Liang subjectively knows that his collusive bidding behavior will harm the interests of the tenderee or other bidders, but he still insists on it, hoping or letting this harmful consequence happen, only the unjust gain afterwards is 6,543,800,000, which can be regarded as subjective intention. This behavior not only infringes on the legitimate rights and interests of other bidders or countries and collectives, but also violates the order of free trade and fair competition in the socialist market economy. Therefore, it constitutes a crime of colluding in bidding. Article 223 of the Criminal Law: "Bidders who collude with each other in bidding and quotation and harm the interests of the tenderee or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph. "

In order to reduce the electricity bill of Prince Hotel, Liang found Huang Mouping, then deputy manager of Dongguan Huangjiang Power Supply Company (handled separately), and asked Huang Mouping to help install the above two 400KVA transformers with lower electricity prices. With the help of Huang Moping, the Prince Hotel operated by Liang installed two 400KVA transformers in the name of "Prince Villa" and paid the electricity fee according to the residential electricity price from 1996 to 2004. In 2002, Liang gave Huang Moping HK$ 65,438+560,000. The subject of the crime of accepting bribes by units is units. The so-called "units" include companies, enterprises, institutions, institutions and organizations. It can be seen that this behavior is based on the "Prince Villa" and belongs to a company or enterprise, which is in line with the main elements of the unit bribery crime. The crime of bribery in a unit is objectively manifested as a serious act that the unit gives money and property to the state staff for illegitimate interests, or gives them "kickbacks" and "handling fees" in violation of state regulations. If the amount of bribes paid by a unit is more than 200,000 yuan, it can be considered as "a large amount". As the deputy manager of Dongguan Huangjiang Power Supply Company (state-owned enterprise), Huang belongs to the national staff, and used his authority to help Liang receive HK$ 6,543,800+560,000 (about RMB 6,543,800+282,000) which also met the amount standard. Therefore, the crime of bribery in Liang unit is also established. Article 393 of the Criminal Law stipulates that "if a unit pays bribes to seek illegitimate interests, or violates state regulations and gives kickbacks or handling fees to state staff, if the circumstances are serious, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined".

For these three different crimes and punishments, the trial is conducted by combining punishment for several crimes. There are three specific provisions on the execution of sentence for combined punishment for several crimes: first, if one of several crimes is sentenced to death or life imprisonment, the death penalty or life imprisonment shall be executed; Two, the total sentence of combined punishment for several crimes is less than the maximum sentence of combined punishment for several crimes, and the execution of the sentence shall be decided as appropriate; 3. The maximum combined punishment for several crimes shall not exceed three years, the maximum criminal detention shall not exceed one year, the maximum fixed-term imprisonment for less than 35 years shall not exceed 20 years, and the maximum fixed-term imprisonment for more than 35 years shall not exceed 25 years; In addition, if one person is sentenced to additional punishment for several crimes, the additional punishment should also be executed, and several crimes should be punished together. Liang organized prostitution, and if the circumstances were particularly serious, he should be sentenced to life imprisonment according to the criminal law. Therefore, according to the regulations, Liang was sentenced to life imprisonment and all his property was confiscated.

"No rules can make Fiona Fang". As the most dominant tool of the country, law has played a great role in maintaining social order, safeguarding individual interests and promoting national development from primitive society to modern civilization. "Freedom is relative, there is no absolute freedom", social individuals are free under the framework of law, and others can engage in things within the scope of law. "The legal net is long, but it is not leaking", which violates the law and infringes on the interests of others and the state, and will inevitably be punished by law. I hope it helps you.

legal ground

Article 69 of the Criminal Law of People's Republic of China (PRC) * * * If a person commits several crimes before the judgment is pronounced, the execution period shall be decided as appropriate, except for the death penalty and life imprisonment, but the maximum public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed twenty years and fixed-term imprisonment shall not exceed thirty-five years.

Whoever is sentenced to fixed-term imprisonment or criminal detention for several crimes shall be sentenced to fixed-term imprisonment. Some crimes are sentenced to fixed-term imprisonment and public surveillance, or criminal detention and public surveillance. After the execution of fixed-term imprisonment or criminal detention, public surveillance must still be carried out.

If several crimes are combined, the additional punishment must still be executed. Among them, those with the same kind of supplementary punishment shall be executed jointly, and those with different kinds shall be executed separately.

Article 223 of the Criminal Law of People's Republic of China (PRC) * * * Bidders who collude with each other in bidding and quotation and harm the interests of the tenderee or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.

Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph.

Article 358 of the Criminal Law of People's Republic of China (PRC) organizes prostitution; Crime of forced prostitution; Whoever assists in organizing prostitution organizations and forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as murder, wounding, rape and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.

Whoever recruits or transports people or assists others in organizing prostitution for the purpose of organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.

Article 389 of the Criminal Law of People's Republic of China (PRC) * * * the crime of accepting bribes is a crime of bribery, in order to seek illegitimate interests, giving property to state functionaries.

In economic exchanges, those who, in violation of state regulations, give state functionaries property in a relatively large amount, or those who, in violation of state regulations, give state functionaries kickbacks or service fees in various names, shall be punished as bribery.

It is not a bribe to give property to a state functionary because of extortion without obtaining illegitimate benefits.

Article 390 of the Criminal Law of People's Republic of China (PRC) is punished for accepting bribes; Related bribery: whoever pays bribes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; Whoever seeks illegitimate interests by bribery, if the circumstances are serious or cause heavy losses to the interests of the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, or the interests of the state suffer particularly heavy losses, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

If the briber voluntarily confesses the bribery before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.

Article 393 of the Criminal Law of People's Republic of China (PRC) * * * Unit Bribery Crime If a unit pays bribes for illegitimate interests, or gives kickbacks or handling fees to state staff in violation of state regulations, if the circumstances are serious, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and also fined. If the illegal gains from bribery are owned by individuals, they shall be convicted and punished in accordance with the provisions of Articles 389 and 390 of this Law.