Ex-railways minister found guilty

Judge's comments

Bai Shanyun, the trial judge and vice-president of Beijing No 2 Intermediate People's Court, said the Second Branch of Beijing Municipal People's Procuratorate filed the charges against Liu with the court on April 10.

Then railways minister Liu Zhijun (left) monitors the operation of a new high-speed train in Bengbu, Anhui province, on Dec 3, 2010. Chen Shugen / Xinhua

The court later set up a collegial panel and opened the trial to the public on June 9. According to Article 386 and Clause 1 of Article 383 of the Criminal Law, such violators should receive capital punishment, Bai said.

However, as there were circumstances that may warrant a lighter punishment, the court decided instead to hand down its sentence of a death penalty with a two-year reprieve.

First, Liu confessed his crime, including some acts of bribe-taking that were unknown to investigators. Prosecutors and Liu's defense counsel had stated in the trial that according to law, such circumstances may warrant leniency.

The court also found that the eighth amendment to the Criminal Law and a judicial interpretation issued by the Supreme People's Court allows for a lighter punishment under such circumstances, Bai said.

Second, Bai said Liu and his family members cooperated with investigators who confiscated the illegal gains.

According to an interpretation jointly issued by the Supreme People's Court and the Supreme People's Procuratorate, such criminals may be given a lighter penalty, Bai said.

The document also stipulated that in bribe-taking-related cases where criminals and their families or friends have voluntarily surrendered the illegal gains or cooperated with law enforcement officials to confiscate such gains, the court should make a difference in its sentencing from those cases where there is no such behavior, the judge said. Such behavior also demonstrated Liu's repentance that may call for a mitigated sentence, Bai said.

Furthermore, Liu was also cooperative when confessing and showed his penitence during the investigation, prosecution and trial procedures, Bai said.

Taking all the facts of the whole case and Liu's behavior into consideration, the court holds that an immediate execution is not necessary, the judge said.

Property seized