People v. Sang X (case of taking bribes, abusing his office by the personnel of a state-owned company, trading by using undisclosed information)
(Case No.188 of the Guiding Case of the Supreme People's Procuratorate)
Key words
Crime of taking bribes, Crime of abusing his office by the personnel of a state-owned company, Crime of trading by using undisclosed information, Equity right to yields, determination of losses
Key point
When handling criminal cases of taking bribes in the field of investment and financing, the procuratorial organs shall accurately determine the nature of the benefit transfer, and exam carefully the background and methods of the investment and financing, the authenticity of financing needs, the risks that the offender takes, the proportion of the risk to the gains, and other evidence. In handling criminal cases of abusing his office by the personnel of a state-owned company, the procuratorial organs shall objectively determine the scope of public property losses caused by the offender's acts. The expected yields that shall have been obtained by the state-owned company can be included in the number of losses. In handling criminal cases involving trading by using undisclosed information, with regard to the determination of key elements such as the scope of inside information and undisclosed information and the amount of profit from convergent trading, the procuratorial organs shall obtain opinions from securities regulatory departments, stock exchanges, and other professional institutions, and conduct examination and evaluation by taking full account of all evidence of the case.
Relevant provisions
Article 168, 180, 383, 385 and 386 of the Criminal Law of the People's Republic of China
Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases regarding the Trading by Using Undisclosed Information
