The Use Of Illicit Money In Crime Of Corruption On The Conviction And Sentencing Of Influence Analysis

Corruption cases in the use of illicit money is it right? Constitute this crime essential? Is it right? Our country law the legalcircumstance for sentencing? Our judicial practice and the criminal law theory circles organs understanding inconsistency, our law on the use of illicit money in how the type and no specific standard of sentencing. In the criminal law of China on corruption crime in four, and no money to the inclusion of corruption crime, however, in the judicial authorities for specific corruption cases, prosecutors while there is sufficient documentary evidence, material evidence evidence on suspects corruption crimes to prosecute, to face corruption means and possession of property illegal acts cannot deny the case most criminal suspects, usually in money to make an issue of, such as arguing that "public utility "," dinners "," run project" and other reasons, tried to escape legal punishment. Judicial review or court, think the money whereabouts unknown, to prove the facts of the crime or public utility not found insufficient evidence, makes money amount reduced or not up to the standard of corruption crime case. So. it must indulge crime, caused inestimable damage, caused abominable effect. In this paper:First, a list of Li Yuanhuai corruption case, stated the case from the three issue:one is the crime of corruption crime of money to influence, for " official " shall be deducted; two is the use of illicit money in crime of corruption does not influence the crime, can be considered as discretionary circumstances; three is suspected in the crime from the principle.Secondly, from the use of illicit money in crime of corruption qualitative impact analysis. One of the constitutive elements of the crime of corruption were studied; two is the use of illicit money in crime of corruption types was analyzed; three of the crime of corruption of the use of illicit money in confession forms are analyzed.Finally, the use of illicit money in crime of corruption and the conviction and sentencing of the analyzed conclusions. One is the use of illicit money in crime of corruption evidence is an important part of the crime of corruption; two is the use of illicit money is the conviction and sentencing circumstances for discretion.In conclusion, the author thinks:corruption cases use of illicit money should not be used as the corruption of the constituent elements, does not affect the crime. But in practice, should be combined with the case as a discretionary circumstances are to be considered.