Typical case of Anhui Prosecutors in 2019: Women's anti-killing perpetrators identified as legitimate defense
“Anhui Procuratorate” WeChat Account
Case 1: 33 cases involving Wang Guoyu and others in Wuhu
The case is the 14th supervision group of the central anti-crime and anti-evil organization. Wu Guoxian Wang Guoyu and other 33 people used clan relations to control grassroots organizations and dominate one side, and gradually formed triad criminal organizations. The procuratorial organ applied a lenient confession and punishment procedure to achieve a major breakthrough from "zero confession" to 23 people pleaded guilty, dismantled the arrogance of criminals, and achieved better results. In December 2019, the court issued a first-instance judgment. The 33 defendants were sentenced to imprisonment ranging from 23 to six months a year, with fines and recovering illegal income.
Case two: "Brother Liu" in Bengbu involved in the black case
The case is listed by the Ministry of Public Security, the Provincial Party Committee of Political Science and Law, the Provincial Public Security Department and the Procuratorate. In March 2019, the case was transferred to the procuratorial organ for review and prosecution. The procuratorial organ charged 22 defendants, including 34 defendants and two defendants, with suspected crimes of organizing, leading, participating in triad organizations, and illegal mining. In October 2019, the court issued a first-instance judgment. The 34 defendants were sentenced to fixed-term imprisonment ranging from 25 years to two years and eight months, and their personal property or fines were confiscated. 5 million yuan. In December 2019, the court rejected the appeal in the second instance and upheld the original judgment.
Case 3: Yan Jiajun's Contract Fraud Complaint
In September 2010, He County Court sentenced Yan Jiajun, chairman of a shipbuilding company, to 14 years in prison for falsely reporting registered capital and contract fraud. During the 7 years, Yan Jiajun continued to appeal and appeal, and the third-level procuratorate continued to protest. The case ended with unclear facts and insufficient evidence. In December 2019, the court ruled that Yan Jiajun did not constitute a crime of contract fraud. The case successfully protested, effectively safeguarded the legitimate rights and interests of private entrepreneurs, and achieved the organic unification of the "three effects."
Case 4: "Zhongrong Xintai" Illegal Business Case
The case is a relatively large-scale case of illegal online operation of futures in Anhui Province, with a crime amount of 136.6 billion yuan. The case involved a large amount of money, a large number of victims, and a large social impact. In July 2019, the Maanshan City Procuratorate filed a public prosecution, accusing the defendant Li Mouzhong of suspected illegal business operations. In November of the same year, the court made a first-instance judgment and sentenced Li to six years in prison for illegal business and a fine of 6 million yuan. The case is currently under review.
Case 5: "Battered Young Children in the Elevator Room" in Shushan District, Hefei
The case has received widespread attention from the people and all walks of life. In September 2019, the defendant Liang Haowei was resentful because of administrative punishment by the public security organ. Then he came to an elevator in a community, beat and kicked 11-year-old boy Xiaofan (pseudonym), and fled the scene. In November 2019, the Procuratorate of Shushan District, Hefei City, filed a public prosecution in accordance with the law, accusing the defendant Liang Haowei of committing provocation. In December 2019, the court found the defendant Liang Haowei guilty of provocation and sentenced him to one year and seven months in prison.
Case six: Zhou Moumou's legitimate defense case
On the evening of September 2018, Xu Moumou went out drunk to meet the criminal suspect Zhou Moumou (female), intending to rape Zhou Moumou while nobody was around. Zhou Moumou suffocated and died of Xu Moumou's neck while holding back. After the incident, Zhou Moumou volunteered. In November 2018, the case was transferred for review and prosecution on the basis of Zhou Moumou's suspected negligent death. The Tongling City Procuratorate passed strict checks and reported to the Supreme People's Court, determined that Zhou was a proper defender, and then made a decision not to prosecute. The handling of the case fully demonstrated the value concept that "law cannot give in to lawlessness."
Case 7: Fan Hou's false lawsuit
From 2010 to 2013, Fan Houchuan borrowed 4.79 million yuan from nine lenders due to the need for capital turnover. Later, due to his inability to repay the personal loan, Fan Houchuan used the "convenience of work" to issue 9 new lenders with the official seal of the company's four branch companies and the private seal of the person in charge of the company to transfer the personal loan to the company. Afterwards, Fan Hou alleged that the nine lenders had filed a lawsuit with the court, asking the court to order the four branches and company A to repay the principal and interest of the loan. The court of second instance supported the claims of eight plaintiffs except Fan Mousheng. In September 2018, the Hefei People's Procuratorate proposed to the court a retrial prosecution. In December 2018, the court re-examined the original civil judgment. Later Fan Houchuan was also sentenced to four years in prison and fined 50,000 yuan for committing a false lawsuit. This case has been selected as the guideline for the application of the Supreme People's Procurator's Guidance Case because of the better case handling effect.
Case 8: "1 · 29" Public Prosecution Case of Dumping Solid Waste Pollution Environment
From April 2017 to February 2018, the defendants Cao Mouhua and Hu Moobao transported more than 7164 tons of hazardous solid waste to the Wuhu Yangtze River Bridge Comprehensive Economic Development Zone for illegal dumping without qualification, causing serious pollution. Caused the loss of public and private property, appraisal fees of more than 5.1 million yuan, and ecological restoration project costs of more than 6.15 million yuan. In January 2018, the public security organ filed an investigation into the case, calling it the "1 · 29" case. After the incident, the Wuhu Procuratorate initiated criminal public prosecutions against the 11 defendants and 2 defendant units, and at the same time filed a criminal incidental civil public interest lawsuit against the defendants. In December 2019, the court issued a first instance judgment and sentenced the two defendants to fines of 4 million yuan and 7 million yuan for the crime of environmental pollution. The defendants were sentenced to fixed-term imprisonment ranging from five to six months to one year and one month. Fines ranging from 200,000 yuan to 20,000 yuan, while recovering illegal income. The defendants and defendants were sentenced to bear 11.25 million yuan in civil compensation, and apologized to the public in the provincial media. Some of the defendants appealed in court, and the case is currently in the second trial.
Case 9: The case where Yu Moguang and others produced and sold toxic and harmful raw pork
The case is a case of the Supreme People's Procuratorate and the Provincial Public Security Department. From April 2017 to December 2018, Yu Mooguang contracted Yingshang County Xinxin Meat Sales Co., Ltd. (hereinafter referred to as Xinxin Company) to acquire pigs for slaughter and processed into white strips of meat for external sale. Yu Mouguang hired defendants Liu Mouquan, Wei Moulong, Zhang Mouliang and others to inject epinephrine and atropine drugs and inject water in Xinxin Company's slaughter pigs. After appraisal by the price department, Yu Mouguang produced and sold white bars during the contract period. The pork wholesale price was 6.48421 million kilograms, and the market wholesale price was determined to be 10,694,700 yuan (105,694,710 yuan). The case was concluded after investigation by the public security organs and was transferred to the procuratorial organs for review and prosecution in March 2019. In reviewing and prosecuting Fuyang City's procuratorial organs, it conducted strict review standards and prosecuted 15 co-convicts, and filed a public prosecution with the court in October 2019. When handling the case, the procuratorial organ also believed that 15 persons including Yu Mouguang produced and sold toxic and harmful food, which violated the legitimate rights and interests of unspecified consumers, and then initiated a case review of the case involving acts that harmed the public interest, and submitted the case to the Provincial Procuratorate. Apply for approval. In December 2019, the Provincial Procuratorate approved the filing of a civil public interest lawsuit. At present, both the criminal and civil public interest litigations in this case are under further trial.
Case 10: Case of infringement of personal information of citizens by Yan and others
This case is the first civil incident of public interest in criminal incidental cases involving infringement of citizens' personal information. In January 2016, Yan's illegally obtained 8,087 pieces of student status information from others were sold to Cui for an illegal profit of 1,300 yuan; 18,850 pieces of student status information were sold to Chen for an illegal profit of 2,700 yuan. In March 2019, the case was transferred to the procuratorate for review and prosecution. In September 2019, the Luzhou Procuratorate filed a criminal prosecution with the court, and at the same time, filed a criminal incidental civil public interest suit against the defendant. In November 2019, the court sentenced Yan and four other persons to the crime of violating citizens' personal information and illegally obtaining citizens' personal information, and each sentenced them to two to nine months' imprisonment and sentenced to 8,000 to 44,000 yuan. Waiting for fines; sentenced Yan and four others to apologize to the public through the public media. At present, the criminal part of the case is in the second trial.
(Original title: "Typical Cases of Procuratorial Organs of Anhui Province in 2019")