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In order to get back the project money? Prosecutor's in-depth investigation reveals the truth behind

2020-01-13 Release time: 2020-01-13
On September 3, 2019, the Intermediate Court of Anshan City, Liaoning Province made a final judgment in the case of the defendants Zheng Hao, Zhao Chen, etc., in a case of provocation, rallying, and extortion. On December 23, the case was rated as an outstanding case in the province by the Liaoning Procuratorate.

The reason for the fight is not in the project section

In April 2017, the Qianshan District Procuratorate of Anshan City received a file of suspected congregation. The public security organ transferred the examination indictment and found that the defendant Zheng Hao collected Zhao Chen, Chen Hai, Sun Ce and other dozens of people, held the pick Zhang Zhangpeng, and later attempted because the other party did not arrive and the patrol police drove him out. Duan Linlin, the prosecutor who handled the case, found that both parties involved in the case were related to the A community: Zheng Hao was the monitor of the woodworking team of the building construction team in the community, and most of the staff gathered were from the construction team; Zhang Peng was a housing developer in the A community. . According to Zheng Hao's confession, Zhang Peng ran into a fight to vent his anger because Zhang Peng owed his project money for a long time.

Considering that the case may involve the interests of migrant workers, Duan Linlin timely reported the case to Li Bin, the then Deputy Procurator-General.

Li Bin, who has 27 years of public prosecution experience, is more sensitive to the case and immediately decided to interrogate the suspect with Duan Linlin. After reviewing the evidence materials, they found that there was relevant evidence in the dossier such as a receipt for the payment of the project money, which contradicted the statement of the criminal suspect. In view of this, the prosecutor handling the case communicated with the public security organs in a timely manner and found that the parties involved in the case had repeatedly fought on the grounds of asking for engineering funds. They decided to question the suspect again, this time Zheng Jun entered the prosecution's sight.

In order to thoroughly investigate the truth behind the scenes, Li Bin and Duan Linlin stepped down, further locked the list of persons involved, and found that those involved in the fight had not been transferred for review and prosecution, and then requested the public security organs to transfer the relevant personnel for review and prosecution. At the same time, guide public security organs to adjust the direction of investigation.

Behind the scenes mastermind surfaced

In May 2017, Zheng Jun surrendered to the Qianshan Procuratorate. After interrogation, it was found that Zheng Jun was the captain of Zheng Hao's construction team. On the grounds of asking for the project funds, he had repeatedly organized the construction party to seriously damage the progress of the project by climbing the tower crane, petitioning, and cutting off water and power to the community. Yu Liang, the original developer of Area A, was forced to transfer Area A to Zhang Peng. After Zhang Peng took over, Zheng Jun continued to make troubles and tried to squeeze Zhang Peng away. Zheng Jun also explained that Hu Cheng was the one who advised him.

After confirming Hu Cheng's identity, the public security organ summoned him. After Hu Cheng arrived, he refused to explain, and the public security organ contacted the procuratorial organ as soon as possible. Li Bin and Duan Linlin directly confronted Hu Cheng face-to-face and explained to them the interests and existing evidence. Hu Cheng finally chose to truthfully confess all the facts and inside information of the case: He and Zheng Jun had known each other long ago. When Zheng Jun was in the construction of the A district, Contradiction with Yu Liang, he will talk to him. Over time, he found that it was profitable, and he repeatedly advised Zheng Jun, intending to use Zheng Jun's hand to go away from Liang Yi, and took the opportunity to buy A area at a reserve price. To this end, he repeatedly gave money to Zheng Jun to help him, and even the "funding" for the gathering was also his own.

In order to further improve the chain of evidence, the prosecutor handling the case returned the case for supplementary investigation, and guided the public security organs to supplement the new evidence: retrieve the police records of multiple incidents in Area A, supplement the victim's records, and prove the criminal fact that Zheng Jun organized the incident; Yu Liang, the original developer of Community A, was found, and the bank records of Hu Cheng and Zheng Jun were retrieved to prove that Hu Cheng's financial support for repeated illegal facts.

Testify separately at the trial site

In the investigation of the case, a new case emerged: Zhao Chen and Sun Ce who were involved in the case threatened Zheng Jun, forcing them to write down false IOUs on the grounds of helping the crowd fight. At the time, Zhao Chen and Sun Ce were in the process of being released on bail, and according to the rights and obligations of the person being released on bail, they were not allowed to contact the same person during the period of bail. The two not only violated the regulations, but also jointly carried out the crime of extortion. To ensure that the case proceeded smoothly, the procuratorate immediately decided to take arrest measures against the two.

The case lasted six and a half months. Four criminal suspects were prosecuted and two additional criminal facts were added. In November 2017, the Qianshan District Procuratorate filed a public prosecution against the suspect Zheng Hao and others for the crime of gathering assaults, causing provocation, and extortion.

In order to ensure that the trial proceeded smoothly, Duan Linlin decided to testify separately for different charges. During the trial, she described the process of the case in detail and pointed out the facts of the crime at different stages. In response to the criminal facts of Zheng Jun's provocation, the public prosecutor presented the satellite positioning and victim statement retrieved by the public security organ through criminal investigation in court, confirming his involvement in the provocation crime.

Zheng Jun is the defendant and the extortionist in this case. Therefore, at the stage of extortion and extortion, the public prosecutor not only presented a false IOU written by Zheng Jun, proving the fact that Sun Ce and Zhao Chen had extorted and extorted; they also confronted Sun Ce and Zhao Chen in court, ensuring their rights as victims. Given that the evidence is indeed sufficient, the court of first instance rendered a guilty verdict on each of the defendants. Several defendants later appealed.

In September 2019, the Anshan Intermediate Court made a final judgment: the defendant Zheng Jun was sentenced to two years and eight months 'imprisonment for conspiracy to fight and cause provocation, and Zheng Hao was sentenced to three years' imprisonment and suspended for conviction. Five years; Zhao Chen was convicted of assault and extortion and sentenced to six years and six months in prison and fined 100,000 yuan; Sun Ce was convicted of assault and extortion and sentenced to five years and six months. And the fine was 100,000 yuan; the remaining defendants were convicted of gathering and beating, and were sentenced accordingly.

(Source: Procuratorial Daily Text: Yao Xiaobin)

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