Ni essence: Financial crime case is effective plead, wide plead of crime of finance of strong attorney office and research center researcher
One, introductive
Diddle loan blame is to show with cheating a method to acquire a bank orgnaization of other perhaps finance borrows money wait, to the bank orgnaization of other perhaps finance causes significant loss to perhaps have the action of other and serious clue.
In daily life, when loan company applies for loan to the bank, the circumstance of fiction of existence of contract of purchase and sale is compared relatively general, among them main reason, it is loan company all the year round leasehold, had reached with the bank concern leaseholdly all the year round, and contract of purchase and sale has reduced a kind of form; 2 it is loan company is when loan, had had the property such as workshop mortgage, had made pledge of full specified amount to loan. Accordingly, the bank puts borrowed account also is in the belief that the reimbursement capacity that knows a business, and the data that because the enterprise is offerred,is not. However, once the enterprise brings about loan to cannot remand because of managing a problem, what when the bank borrows money the enterprise, refer " false " the data provides public security, be suspected of diddle with the behavior of this enterprise for loan, seek criminal method to settle economic dispute, this makes one of crime that diddle loan blame made solid Wu intermediate frequency send.
2, case gross and do not sue occupy than
The author is made public in information of people procuratorate case undertake retrieval on net, handle case net, in 2014-2018 5 years during, altogether retrieval borrows money to 3443 diddle the indictment of the case mixes the blame not to sue decision book, among them the indictment is 2879, do not sue decision book to be 564, do not sue rate for 16.38% .
Additional, the author retrieves in net of Chinese judge copy clerk and statistic discovers, the case enters contemporaneous diddle loan blame after forensic stage, share 3629 judgment, the court decision has the accused to obtain as a result in the center innocent, only 18 (in meaning collective crime case, with the case is other the accused may adjudicate guilty) . With the 0.5% innocent court decisions that be less than rate photograph is compared, do not sue rate achieve 16.38% had been very tall. Change character, examine in the procuratorate sue level success nick, the probability that the probability of innocent processing result should compare implementation case to strive for innocent court decision in forensic stage should be gotten high much.
3, case a particular year is compared
Considering case of top people procuratorate public network has been in information to just began to go up in succession October 1, 2014 the line moves, and the partial writ 2018 fails to upload in time to the network, we see 2015-2017 inside 3 a particular year, annual diddle loan blame the amount of the case wanders basically in 889 or so, hair record volume is relatively steady.
4, case district distributings
Between the procuratorial work writ of afore-mentioned diddle loan blames, case amount is maximum is Heilongjiang, Shandong, Jilin, Zhejiang these 4 province, it is 652 cases respectively, 302, 295 mix 260 cases, hold case sum total respectively 18.94% , 8.77% , 8.57% with 7.55% , compare with gross photograph, 43.83% the hair record volume of these 4 province is gross. And the hair record volume of diddle loan blame in other region is relatively average, but comparatively, volume of record of hair of area of the eastpart part is opposite more, volume of record of center-west region hair is opposite less. But the district of diddle loan case that never sues distributings in light of, case amount is maximum is Hunan, Jilin, Zhejiang, Jiangsu, Sichuan however 4 province, it is 62 respectively, 55, 50, 49, 46, hold case sum total respectively 10.99% , 9.75% , 8.86% , 8.69% , 8.16% , and Heilongjiang, Shandong just parts 20 cases, 9.
With Heilongjiang province and Hunan Province are exemple, heilongjiang province is in these 5 years be suspected of diddle loan a criminal case in all 652, the procuratorate makes the case that does not prosecute a decision finally be 20 cases, do not sue rate it is about 3% ; And Hunan Province is in these 5 years be suspected of diddle loan blame the case is 140 cases, the procuratorate makes the case that does not prosecute a decision be 62 cases, do not sue rate be as high as 44.29% . Compare with other province photograph, the case does not sue the diddle loan blame of Hunan Province rate is apparent want tower above a lot of.
The rate of innocent court decision of our country is very low, having a main reason is in the procuratorate examine in sueing level, have quite the case of one part is decided to be not sued by the procuratorate, thereby be able to cancel, party also is not found out accordingly criminal responsibility. Examining the result that sues level to strive to be not sued, the successful rate that enters forensic stage to strive for final and innocent court decision again than the case undoubtedly wants tall. Accordingly, once party involves drag in to arrive in criminal case, its oneself, close relative ought to as early as possible, the criminal attorney that entrusts major as soon as possible gets involved, otherwise, the case procrastinates more for a long time in early days, often can miss the good opportunity of a lot of plead, cause a case finally " sodden end " . We think, have dedicated, professional Yu Mou only one fractionize domain, the research that has a system to the theory of this domain and practice and all previous are experienced, accumulate the lawyer of this respect skill and skill for a long time, ability is competent completely the apologetic job of this domain case.
5, the procuratorate of before the case is counted 10
2014-2018 year between be suspected of diddle loan blame among the case, which is the people procuratorate of before is case amount ranked 10 a few? Which is the procuratorate of before sueing decision amount what make to rank 10 a few?
Can see from inside the chart of above, procuratorate of Heilongjiang province people the case amount of divisional courtyard ranks farming cultivate head of a list of names posted up, in all 109; It is procuratorate of people of Lu Cheng district of procuratorate of people of division of ooze of Er of family of the city that connect distant and lukewarm state city next, it is 67 cases respectively, 44. Distributing from the people procuratorate of before case amount 10 in light of, heilongjiang is exclusive 3 banquet.
And in making the people procuratorate of before sueing case amount 10, the people procuratorate that the procuratorate of people of county of river of essence of life of Xinjiang area makes a region is ranked the first, 14, it is Zhejiang province carry on next procuratorate of people of division of the Ke Qiao that start city, 11.
6, the type that does not sue a decision
Procedural law of our country criminal provided 3 kinds of kinds that do not sue, it is legal respectively do not sue (also make be not sued absolutely) , drink to be not sued surely (also make be not sued relatively) , impeach is not sued (also call evidential inadequacy to be not sued) . Author statistic Guangdong area 2014-2018 year in all 4 do not prosecute case what be suspected of diddle loan blame, legal do not sue in all 0, drink to be not sued surely in all 1, impeach is not sued in all 3, impeach is not sued 75% what hold sum total, it may be said is big half of country.
7, the argue of diddle loan blame nods summary
The author does not prosecute case of summary above, induce a case that is suspected of diddle loan blame examining sue level to may put in the following plead to want a place:
(one) the behavior that the diddle of contract of false purchase and sale that forms below the circumstance that knows perfectly well in bank clerk borrows money
Procuratorate viewpoint: The first, existing evidence cannot confirm adequately directly be not sued person plum is such-and-such offer false asset to prove; The 2nd, be not sued person plum is such-and-such protect body loan to obtain at coming to gave birth to bank Changshu branch 3 times to apply for couplet to Chinese civilian in September 2012 in September 2010 examine and approve after agree and signing loan contract, this staff member offers by actively pattern of contract of purchase and sale, inform department of contract of purchase and sale clearly to be used at individual loan to pay application, let be not sued the person offers controllable be commissioned to pay account to be used at should paying all right. Contract of this false purchase and sale fastens reason in bank clerk to know perfectly well, incite a circumstance next formation, lack sufficient beguiling meaning; The 3rd, be not sued person plum although some and some other fasten couplet to keep body loan member, assume each other assure jointly responsibility, but do not have penal to the behavior of other personnel collective crime concerns. On put together, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Li Mou some is not sued.
(2) although was carried out,cheat borrowed action, but below the case that full specified amount assures, do not regard bank or other finance orgnaization as to cause significant loss
Procuratorate viewpoint: The first, experience case loan has served as civil dispute to be tentativelied by Suzhou city before put on record revive division people court is tried and adjudicate. The 2nd, xing some armour (other case is handled) , be not sued some is in person Xu Mou to apply for loan process to Suzhou bank in, do not eliminate to answer to loan just asks and provide false data, the evidence that loan just is decieved is insufficient. The 3rd, individual of Xing Mou armour all was increased to assure in loan contract, and the loan amount that the property value such as the house property of Xing Mou armour does not exclude to enclothe afore-mentioned 2 companies to be in Suzhou bank offerred full specified amount to assure then. On put together, be not sued the person makes some fact that some is suspected of blame of accept of diddle loan, bill not clear, evidence is insufficient, do not accord with sue a condition.
(3) cheat lend amount tremendous but expire to already remanded, or after on record is sent, remand, do not need to sentence penalty
Similar case: Procuratorate of people of the city in advance 2 punishment do not appeal to punishment of the check in advance [2017]1 date " do not sue decision book " ; Procuratorate of Heilongjiang province people farming punishment of public prosecution of Hei Suinong check does not tell reclamation area branch department [2016]7 date " do not sue decision book " ; Punishment of summerly check public prosecution does not appeal to procuratorate of people of summerly city county [2019]2 date " do not sue decision book " ; Ripples check appeals to procuratorate of people of ripples water county punishment does not appeal to [2018]59 date " do not sue decision book " etc...
(4) clue of behavior person crime is slight, have confess one's crime or subjective and honest, malign small, positive disgorge ill-gotten gains, obtain the injured party to forgive wait for a clue, can make lawfully do not sue a decision relatively
Similar case: Before Guo Er punishment of check of punishment of the check before procuratorate of people of autonomous county of the Monggol nationality does not appeal to Ross [2019]6 date " do not sue decision book " ; Shanghai is static punishment of finance of Shanghai static check does not appeal to procuratorate of the people that bring a district [2019]1 date " do not sue decision book " ; Peaceful procuratorate of people of forest zone of the north that turn city peacefuls punishment of boreal check public prosecution does not appeal to [2018]46 date " do not sue decision book " etc...
(5) not clear, evidence is not worth the fact that investigation mechanism holds guilt, do not accord with sue a condition
Similar case: Procuratorate of people of city of a surname bottom a surname check is fair one punishment does not appeal to [2016]1 date " do not sue decision book " ; Procuratorate of Hainan province people punishment of a minute of public prosecution does not appeal to check of the first branch department fining jade [2015]3 date " do not sue decision book " ; Punishment of general check public prosecution does not appeal to procuratorate of people of general Er city [2015]4 date " do not sue decision book " etc...
Finally, the big data that the author hopes this is not sued about diddle loan blame analyses an article to be able to be helped somewhat to everybody.
