On The Recognition Of Joint Bribery Of Pecific Relatives

Since the convening of the 18 th National Congress,the Central Committee has firmly established a sense of punishing corruption,made every effort to fight corruption,and made combating corruption and promoting integrity a difficult political task.By adhering to the important policy of "corruption must be countered and corruption must be eliminated." Ensure that anti-corruption efforts are carried out in a dead-end manner.As for the cases of official crimes that have been exposed in recent years,the proportion of people in specific relationships such as close relatives and mistresses participating in professional crimes has become more and more large,because the specific relationship between people and National Public officials has a special relationship.,close exchanges with each other,The criminal liaison and offensive and defensive alliances are easy to form,and the criminal means are also extremely hidden.After the incident,they try their best to protect each other,causing great trouble to investigate such common crimes.In the Luomou case,during the relationship with the former director of the Railway Transport Bureau of the Ministry of Railways,Zhang Luomou received the property sent by Yang Mou and received remuneration from Yang Mou’s company.Afterwards,he concealed and concealed behavior.For Luomou’s behavior,the judicial practice community has three different views: constituting an accomplice to the crime of accepting bribes,constituting a cover-up to conceal the offense of the crime,and not constituting a crime.From the point of view of the specific case,although the subject Luomou is a non-state worker,it is a lover’s relationship with Zhang Mou and is a specific person of Zhang Mou;In subjective intentional and objective behavior,Luomou knew that Yang had asked for Zhang’s position behavior.Yang sent money to her to thank and please Zhang,and knew that Zhang used his position to seek benefits for Yang.Still receiving money sent by Yang and receiving remuneration from Yang’s company’s name,and obtaining Zhang’s consent in advance or informing Zhang afterwards,he subjectively formed an unspoken "conspiracy" with Zhang,and had a criminal intent to jointly accept bribes.Objectively carried out the act of accepting money,completed part of the act of accepting bribes,and was actually committed.Therefore,Luomou’s behavior constitutes a crime of bribery and is an accomplice.In view of the fact that Luomou’s acceptance of property has been evaluated as a bribery act,the act of concealing and concealing the proceeds of crime committed by Luomou afterwards is an act that cannot be punished afterwards.It is not appropriate to pursue criminal responsibility by concealing or concealing crimes.