Interesting. Under Chinese law the theft of RMB 100,000 from a
financial institution carries a life sentence or death. That's the
equivalent of USD 14,000, a pretty modest sum by our standards and
won't even buy you a car. When China first opened up in 1978 there
was a spate of bank workers absconding with millions of dollars and
escaping to the West. The total from all such thefts was over ten
billions dollars which the Western countries kept. The excuse was
that returning the fugitives would result in their executions and
therefore against their Western principles. It is of course
hypocrisy. China has pretty given up on getting the fugitives
extradited.
Life sentence cut to 5 years in faulty-ATM case
By Qiu Quanlin (China Daily)
Updated: 2008-04-01 07:32
http://www.chinadaily.com.cn/china/2008-04/01/content_6580420.htm
GUANGZHOU -- A migrant worker sentenced to life in prison for
withdrawing 175,000 yuan ($24,400) from a malfunctioning ATM had his
term reduced to five years yesterday after a retrial.
Xu Ting, 24, a native of Linfen, Shanxi province, was also fined
20,000 yuan ($2,853) by the Guangzhou Intermediate People's Court and
ordered to return the "illegally obtained" money.
Xu, then a security guard in Guangzhou, went to an ATM on April 21,
2006 to withdraw money. But due to a technical error, his account was
only debited 1 yuan (14 cents) for every 1,000 yuan withdrawn. Xu
subsequently withdrew 175,000 yuan in 171 transactions.
After his crime was discovered, he was on the run for a year before
being caught and sentenced to life for theft on Nov 20 last year.
The case made national headlines and whipped up heated debate in the
media and legal circles because many thought the punishment was too
severe.
The Guangdong Provincial High People's Court then overturned the
ruling in January and asked the lower court to hear the case again,
saying the November ruling lacked evidence and some facts needed to be
clarified.
A retrial was started on Feb 22 in which the prosecutors again charged
Xu with stealing from a bank. Xu's lawyers maintained he was innocent.
Under the current criminal law, people who steal 100,000 yuan or more
from a financial institution face a life sentence or death.
Gan Zhengpei, a presiding judge at the Intermediate People's Court of
Guangzhou, said: "The case is very special since Xu stole the money
partly because of the malfunctioning machine. That's why we finally
gave a lighter sentence."
But "Xu's actions violated the rights of the bank, affected its
financial security and had a negative effect on society," Gan told a
news conference after announcing the verdict.
Xu said he would not appeal.
However, his father, Xu Cailiang, was not satisfied with the verdict.
"He is innocent He just made a silly mistake. So he should be set
free."
Xu Ting's lawyer, Wu Yichuan, did not comment on the verdict, but said
an appeal would be filed only if his client wished so.
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