Concealing overseas deposits, Wang Bin, chairman of China Life Original, is rare

What is the crime of concealing the crime of overseas deposits? What criminals have it punished? In recent years, why has it increased significantly in judicial practice?

On September 13, 2022, the Supreme People's Procuratorate announced that the case of the former party committee secretary and chairman of the China Life Insurance (Group) Company Wang Bin has been surveyed by the State Supervision Commission and transferred to the procuratorate for review and prosecution. The Supreme Prosecution made a decision to arrest Wang Bin.

The highest prosecution disclosed that Wang Bin was suspected of two: one, one, bribery; second, the crime of concealing overseas deposits. Among them, the crime of concealing overseas deposits was rare before the public vision.

The reporter inquired about the "China Magistrate Document Network" of the Supreme People's Court. It was found that there were only 12 referee documents involving the crime of "concealing overseas deposits" by the national court system. More than 90,000.

From September 13th to 19th, 2022, the reporter asked officials of the disciplinary inspection and supervision system of the Supreme Procuratorate, Beijing, Hunan Province, Zhejiang Province and other places. These people said that in the past for a long time, the cases were indeed rare in the past; but in recent years, there have been significantly increased trends in judicial practice, and there have been deputy ministerial officials as judicial accountability.

What is the crime of concealing the crime of overseas deposits? What criminals have it punished? In recent years, why has it increased significantly in judicial practice?

For the case only for national staff more than 300,000 yuan

Lawyer Hu Guiming, a partner of Beijing, who is in Beijing, introduced to reporters that the "Criminal Law of the People's Republic of China", which was reviewed and approved by the National People's Congress on July 1, 1979, and implemented on January 1, 1980 The first criminal code, at the time of the Criminal Law, there was no clause to conceal the crime of concealing overseas deposits.

In January 1988, the Standing Committee of the National People's Congress adopted the "Supplementary Provisions on Punishing Crime and Bringing Crime". If the non -report is concealed, it is sentenced to imprisonment or detention of less than two years; if the circumstances are relatively light, the unit or higher authority shall be given administrative sanctions as appropriate. "The Criminal Law revised in 1997 wrote this.

Lawyer Hu Guiming introduced that the criminal subject to conceal the crime of overseas deposits can only be "national staff", and state staff mainly refer to the power organs, administrative agencies, judicial organs, military agencies, state -owned enterprises, institutions, and people's organizations at all levels of the state. Personnel engaged in official duties also include personnel, personnel, and social groups who are assigned by state organs, state -owned enterprises and institutions to non -state -owned enterprises, institutions, and social groups.

Hu Guiming said that "deposits abroad" may be suspected of concealing the crime of overseas deposits as long as they are not declared in accordance with national regulations. "Overseas" refers to countries and regions outside China, including Hong Kong, Macao and Taiwan regions in China.

In accordance with the current "Regulations on the Reported by the Reported by Leading Cadres Reported by Leading Cadres" formulated by the Organization Department of the Central Committee of the Communist Party of China. The members of the state -owned enterprise leading team managed by the alliance, if there is a "deposit and investment situation outside the country (border)" in the state -owned enterprise leadership team, you need to report truthfully.

As for the "Case File Standard", in September 1999, the "Regulations on the Pilot Standard for Pilotting Case Filution Cases directly accepting the case of case investigation cases" (trial) issued by the Supreme People's Procuratorate issued a "provisions of the People's Procuratorate directly accepting the case of investigation cases" (trial), and the overseas deposits were equivalent to more than 300,000 yuan. Should be given a case.

Most of the cases of penalties came from Guangdong and Shanghai

An official of the Supreme Procuratorate told reporters that after the establishment of overseas deposits was established, it was rarely used in judicial practice for a long time. The reason was that the clues were difficult to find and the evidence was difficult to find. In the year, the punishment of bribery and corruption is much greater, so the case -handling personnel often have a skipping from the perspective of "saving". "

At present, it is publicly visible that the early crime of concealment of overseas deposits is relatively early, from Guangdong near Hong Kong and Macau.

First, from 2003 to 2004, Ma Gongyuan case, who was the general manager of Shenzhen Metro Co., Ltd. (now name: Shenzhen Metro Group Co., Ltd.). At that time, Xinhuanet and "Guangzhou Daily" reported that the court heard that Ma Gongyuan had a deposit of HK $ 2.553 million and US $ 207,000 abroad. The amount of concealment of the deposit is large, and its behavior constitutes the crime of concealing overseas deposits.

In the first instance, Ma Gongyuan was convicted of concealment of overseas deposits and was sentenced to 2 years in prison.

Second, it was the management study of the director of the Guangzhou Municipal Administration of China Shipbuilding Industry Corporation. In May 2007, the Guangzhou Municipal Intermediate People's Court was sentenced to corruption, misappropriation of public funds, and concealing overseas deposits. The three crimes were punished.

The crime of concealment of overseas deposits refers to from September 21, 1999 to April 25, 2005, as a state staff member, in violation of the relevant state regulations, concealing its deposit in Hong Kong HK $ 5,928, and a market value The stock of more than 2.22 million yuan refused to declare.

The first case of concealment of overseas deposits in Shanghai was the Zhang Weimin case at the end of 2006 and early 2007. Zhang Weimin was the director of the supply and marketing cooperation of the Jiading District of Shanghai. Shanghai Prosecutor's disclosure: At the end of 2005, Citi Bank called the Shanghai Jiading Procuratorate to inform Zhang Weimin to extract $ 1 million in his bank. The signs of fleeing were decisively controlled.

The judicial organs found that Zhang Weimin set up an account in HSBC in Hong Kong in the name of his wife Pan Xuehua, deposited in huge foreign currency deposits, but did not report to the competent authorities in accordance with national regulations, and later transferred money to the United States.

In the end, the court ruled that Zhang Weiming committed crime of corruption, bribery, concealment of overseas deposits, unknown sources of huge property, and punished for 20 years in prison. Among them, the crime of concealing overseas deposits was sentenced to one year in prison.

In the following years, in the judicial practice of Shanghai, there was also Xu Shaomin, former director of the Information Industry Management Department of the Shanghai Economic and Information Commission, and Wu Jianwen, president of Shanghai Pharmaceutical (Group) Co., Ltd., involved such crimes.

In August 2010, the Shanghai Jing'an District Court tried Xu Shaomin for bribery and was sentenced to nine years in prison. Eleven years of imprisonment were performed.

Prosecutors subsequently appealed. In April 2011, the Shanghai Second Intermediate People's Court sentenced Xu Shaomin to commit bribery and was sentenced to ten years in prison. Fifteen years in prison.

In November 2011, the First Intermediate People's Court of Shanghai sentenced Wu Jianwen to commit bribery and executed the death sentence for two years. It was sentenced to 6 months in prison. The number of crimes was punished, and the execution of the execution of the death penalty was executed for two years.

The three major factors have helped to crack down on such crimes in recent years significantly increased

Including the Supreme Procuratorate, Beijing Discipline Inspection Commission and other departments, several digital officials engaged in duty crime investigations also told the reporter of the Economic Observation Network that after the 18th National Congress of the Communist Party of China in 2012, with the unprecedented anti -corruption, The case of concealing the crime of overseas deposits has also increased significantly, and there are still several specific "technical factors".

First, the increasing blow to the "underground money house" has made the clues of many public officials' funds from exporting to the country; second, the cooperation of overseas banks in the face of discipline inspection and public security organs in China also increased significantly. This makes it easier to obtain evidence than before, and it is more conducive to forming a complete chain of evidence. Third, various international cooperation organizations in China also provide some help to combat such crimes.

Shanghai is still one of the areas with the most crimes to fight and disclose the most crimes.

East China Ping case. In November 2017, the First Intermediate People's Court of Shanghai ruled that East China Ping, former deputy director of the Standing Committee of the Hongkou District People's Congress and deputy head of Hongkou District, was crimes in prison and was sentenced to twelve years in prison. Seven years of imprisonment; the crime of intentional destroying accounting vouchers, accounting books, and financial accounting reports, a period of two years in prison; the crime of concealment of overseas deposits, one year in prison. Four crimes and punishment, decided to implement 15 years in prison,

Among them, the crime of concealment of overseas deposits was in March 2007, East China opened a comprehensive financial account in HSBC in Hong Kong, and failed to report truthfully to the competent authorities in accordance with national regulations. As of April 2016, the above accounts had more than HK $ 50,900 and stocks with a market value of HK $ 3.25 million, a total of more than RMB 2.7579 million.

In August 2018, the Shanghai High Court of High Court was the second trial, and the original judgment was maintained.

Xin Jiping's case. In January 2019, Xin Jiping, the vice president of Shanghai Real Estate (Group) Co., Ltd., was judged in the Shanghai Intermediate People's Court. In the year; the crime of bribery was seven years in prison; the crime of concealment of overseas deposits was sentenced to nine months in prison.

Among them, the crime of concealing overseas deposits refers to Xin Jiping's investment wealth management account in a bank in Hong Kong in 2000, and deposited in Hong Kong dollars, USD, and purchased Hong Kong stocks. As of July 6, 2017 The balance was more than 357,500 Hong Kong dollars and US $ 45,700.

Dai Haibo case. In June 2017, the First Intermediate People's Court of Shanghai sentenced Dai Haibo, who was the deputy secretary -general of the Shanghai Municipal Government. Nine years in prison.

The crime of concealment of overseas deposits means that in April 2001, Dai Haibo opened banks, stocks, and fund accounts in Citi Bank in Hong Kong, and did not report to the competent authorities in accordance with national regulations. As of March 2015, the above accounts still have deposits of HK $ 38,900 and a market value of HK $ 1.582 million, a total of more than 1.58 million yuan.

Wu Jianrong case. Wu Jianrong also served as the deputy secretary of the Shanghai Municipal Government and served as the chairman of Shanghai Airport (Group) Co., Ltd. In January 2020, the First Intermediate People's Court of Shanghai sentenced Wu Jianrong to be guilty of bribery, concealing overseas deposits, and merging and sentenced to twelve years in prison. Among them, the crime of concealing overseas deposits was Wu Jianrong, who was then the deputy secretary -general of the Shanghai Municipal Government. When applying for the personal property of the leading cadre, he did not report his wife in the Hong Kong HSBC account of HK $ 304,600 in the Hong Kong HSBC account. Yuan.

After the 18th National Congress of the Communist Party of China, there were also several cases disclosed in Guangdong Province.

Feng Yongkang's case. In September 2017, the Shenzhen Municipal Intermediate People's Court ruled that Feng Yongkang, who was the deputy secretary of the party committee of the Heyuan City SASAC in Guangdong Province, was convicted of bribery and was sentenced to ten years in prison. The crime of deposit was sentenced to one year in prison; several crimes were punished, and it was decided to implement a period of twelve years in prison.

The case of the party. The Central Party was the Attorney General of the People's Procuratorate of Panyu District, Guangzhou. In February 2018, the Shaoguan City Court of Guangdong sentenced to 11 years in prison and the crime of committing bribes of the Central Party; The number of crimes was punished and decided to implement the sentence for 11 years and six months in prison.

The crime of concealment of overseas deposits refers to the August 14, 2003, and the wife of the Chinese party opened a Hong Kong dollar account in the Macau Branch of HSBC Bank Co., Ltd. in Hong Kong (Shanghai) and deposited in HK $ 200,000. Survated on the 18th of Hong Kong dollars of HK $ 950,000. The above payments are used to buy two real estate in Macau separately. The Chinese Party concealed the above overseas deposits.

After the first instance, the Central Party did not accept an appeal; in May 2018, the Guangdong High Court of the second instance maintained the original sentence.

Remote provinces in the Mainland have also disclosed related cases one after another

Economic Observation Network reporters saw that not only are coastal provinces such as Shanghai and Guangdong, but also remote provinces in the Mainland. In recent years, cases have also disclosed cases involving concealment of overseas deposits.

In Inner Mongolia, in December 2013, the Hohhot Intermediate People's Court was Wu Zhizhong, who was the deputy secretary -general of the Inner Mongolia Autonomous Region Government and director of the Legal Affairs Office, with crimes of corruption, bribery, misappropriating public funds, unknown sources of property, concealment of overseas deposits Crime, sentenced to life imprisonment.

Among them, the crime of concealment of overseas deposits refers to Wu Zhizhong's concealment of 1.77 million Canadian dollars and US $ 510,000 for overseas deposits, and it is sentenced to one year in prison.

Wu Zhizhong appealed, and the second instance Inner Mongolia High Court maintained the original sentence.

In Heilongjiang, in November 2016, the Qiqihar Tailai County Court of Heilongjiang Province ruled that Qiao Hongshan, the director of Dalian Office of the Coal Sales Company of Qitaihe Mining Group of Qitaihe Mining Group, Heilongjiang Province, concealed approximately US $ 535,200 overseas deposits, The crime of concealing overseas deposits was sentenced to one year and six months in prison.

It is worth noting that Qiao Hongshan is currently disclosed publicly. The only public official who has only involved the crime of concealment of overseas deposits and was held accountable.

In Ningxia, in July 2019, the Wuzhong City Court of Ningxia, Zhang Bawu, who was the director of the Ningxia Hui Autonomous Region Development and Reform Commission, was convicted of bribery and was sentenced to twelve years and six months in prison. year. The number of crimes was punished and decided to implement the 13 years in prison.

Among them, the crime of concealment of overseas deposits refers to the overseas deposit of Zhang Bayu concealing RMB 8.5 million and HK $ 12.98 million.

The verdict of the Wuzhong City Court also disclosed that during the process of handling the Zhang Ba or Five cases, the Hong Kong and Macau Office of the Supreme People's Court passed the Hong Kong Mainland Action Liaison Group and retrieved the account opening information and account details of the Asian Bank of ICBC. And the situation of opening an account in the Hong Kong Branch of the Bank of Communications Co., Ltd..

Earlier, the deputy ministerial cadres have been sentenced to this crime

Wang Bin, who used to be the party secretary and chairman of China Life Insurance (Group) Company, was a deputy ministerial cadre, but he was not the first deputy ministerial official to involve concealment of overseas deposits.

Zhou Chunyu, former deputy governor of Anhui Province, was sentenced to the first instance of the Jinan Intermediate People's Court of Shandong Province in February 2019.

The court ruled that Zhou Chunyu was convicted of bribery and was sentenced to ten years in prison; he was sentenced to one year in prison for concealment of overseas deposits; he was sentenced to five years in prison for abuse of power; The four crimes merged and decided to implement the sentence for 20 years in prison.

Among them, the crime of concealment of overseas deposits refers to Zhou Chunyu's violations of national regulations and concealed more than $ 4.12 million in overseas banks.

Zhou Chunyu said in court that he obeyed the judgment and did not appeal.

He Xingxiang, who was the deputy governor of the State Development Bank, was also a cadre of the central management.

In September 2021, He Xingxiang was surveyed. In February 2022, the case of He Xingxiang was investigated by the National Supervision Commission and transferred to the procuratorate for review and prosecution. It was subsequently assigned by the Supreme People's Procuratorate and was reviewed and prosecuted by the Third Branch of the Beijing Municipal People's Procuratorate.

The procuratorial organs accused him that He Xingxiang was involved in bribery, issuing financial tickets in violation of regulations, issuing loans illegal issuance, and concealing overseas deposits. On August 23, 2022, the Beijing Third Intermediate People's Court opened the trial in the first instance of the case.

However, as of September 19, the first instance of He Xingxiang's case had not yet been pronounced publicly.

(Source: Economic Observation News)

Edit: Han Luying

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