* * * *The people's Procuratorate

PunishmentThingsAntiV.The book

* check penalty against[* * * *] *No.

The defendant of the child* *, male,63Years old,1934Years5Month15Day of birth, the Han nationality, * * * *, * *, former radio three factory manager, legal representative, live in * *, * * Road301Room.19 * *Years4Month29Was arrested Thursday, was on probation in19 * *Years4Month26Was released on.

The defendant of the child* * of corruption, ended by * * * * District People's Procuratorate investigation and prosecution.19 * *Years8Month18Day * * * * District People's Court of criminal law at the beginning of the word (*19 * *) No. XX judgment, determinationTong* * the crime of embezzlement, sentenced to13Years, deprived of political rights4Years, the confiscation of RMB1Million yuan.Tong* * * * appeal, appeal to the court of the second intermediate people.19 * *Years4Month24Day * * second intermediate people's court sentence final words (x 219 * *) article91Judgement No., revision to embezzlementTong* * in prison3Years, probation4Years. * * City People's Procuratorate think * * second intermediate people's court decision is wrong, appealing to the higher people's Court of * * city.19 * *Years6Month18Day, * * Municipal Senior People's court * high penalty (Zaizhongzi19 * *) No. * criminal court rejected the appeal, maintain * * second intermediate people's court sentence final words (x 21995) article91Number of criminal judgment. * * City People's Procuratorate thinks the decision is wrong, please the court appeal in accordance with the procedure for trial supervision. Upon examination according to law, the facts of the case are as follows:

The defendant of the childDuring the period of * * * * radio three as factory manager, use convenient position, in the business process and * * * * City Weiqi factory sales go, let the other side or5Million sets go short (value RMB invoice85,050Yuan), and in the name of the advance payment in19 * *Years12Month13Day and19 * *Years2Month28Will the funds unit4.5Wan Yuanhe40,050Yuan has been remitted to * * City Weiqi factory, and in1994Years2Month28By filling the vouchers, will be credited to the cost of goods sold subject. * * City Weiqi factory director Wang * * in two will be out of cash8Wan Yuyuan sent to the defendant of the original instanceTong* * office and home,Tong* * to devour.

The defendant of the child* * the criminal facts are clear, evidence really, fully, is sufficient to recognize.

This house believes that: the defendant of the child* * as the national staff, taking advantage of his position, embezzlement of public funds, has constituted the crime of corruption. In accordance with the "Standing Committee of the National People's Congress on punishing the crime of corruption, bribery Supplementary Provisions" Article 1, article second (a) the provisions of item, shall be sentenced to10Years or more in prison. The court of First Instance judgement is correct, should be maintained. * * Municipal Senior People's court retrial thinkTong* * does not have the status of national staff, the act constitutes a crime of embezzlement, maintain the second ruling system, improper application of the law, not the qualitative, partial light, that there is some error:

1,* * radio three factory service department is the state-owned enterprises, the independent legal person;Tong* * as manager, legal representative, is the enterprise responsible for the management, operation of state-owned property.

2Prior to the amendment, in accordance with the provisions of the "PRC Criminal Law" in article eighty-third, children* * is a national staff. In accordance with the revised"Regulations of the people's Republic of China Criminal Law" the ninety-third paragraph second, children* * should also be treated as state functionaries. The use of his position to embezzle public funds8Wan Yuyuan, has constituted the crime of corruption. * * Municipal Senior People's court retrial ruling to the crime of embezzlement conviction and sentencing has no legal basis.

To sum up, as a serious crime in accordance with the law, accurately"The provisions of the criminal procedure law of the people's Republic of China in 205th" in the third paragraph, the judgment shall be amended according to protest, please.

   This Induced

X x x x court

Check Cha Member:* * *

AgentThe inspector:* * *

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Annex: file8Book.