" 520 " small letter red bag
Expressive is the love of the other side
But to Cheng Mou
It is blame and the key that are not a blame however
This look seem simple bilk case
Do not have it seems that so simple
...
Procuratorial work mechanism is aimed at two crime fact, around focal evidence meticulous examine, discovery among them brushstroke is not guilty suspect to carry out, this gives what evidence of a crime occupies to maintain make the bilk earning of guilty suspect did not amount to a blame standard.
Recently, procuratorate of city of shade of Jiangsu province river is made to guilty suspect Cheng Mou lawfully legal do not sue a decision.
Case reviewing
On November 28, 2018, guilty suspect Cheng Mou is suspected of crime of fraud one case moves send procuratorate of Jiang Yin city to examine sue. Public security mechanism maintains its bilk amount to be 3518 yuan (a value red bag of 520 yuan of 2998 yuan mobile phone, small letters) . Undertake inquisitor Li Shen thinks after records of check and approve, cheng Mou fastens first offence, and guilty plot is smaller, in inform guilty suspect to admit one's guilt lawfully admit punish, agree with measurement of penalty it is proposal, OK to sign recognizance book from wide punishment hind, when affirming whether its admit his guilt again, cheng Mou is hesitant first, express very quickly to admit one's guilt again after that.
Ground of Li Shenmin feeling realizes to this is not explain simply, because besmear according to the injured party some allegation and small letter turn,Zhang is recorded, he is turned on November 22, 2017 520 yuan of red bags give Zhang " girlfriend " . If red bag of these 520 yuan of small letters is not Cheng Mou place to cheat, so Cheng Mou is cheated only a value 2998 yuan mobile phone, bilk amount did not achieve 3000 yuan this one " number is larger " standard, its behavior does not constitute crime of fraud.
Come so, 520 yuan cognizance involved blame and the issue that are not a blame, lishenli was adjusted namely examine way, communicate actively with public security mechanism, around " red bag of 520 yuan of small letters " this is crucial, the complement that make investigates outline, before putting forward, toward experience record company tone takes Cheng Mou to leave one's post the opinion of the material such as the proof.
Public security mechanism is far go to Henan the data of check on work attendance that province orchid studies prefectural attune to be taken shows, of Cheng Mou leave one's post time was on November 20, 2017 truly, with Cheng Mou for narrating be identical. But Li Shen thinks evidence is feebler: "Check on work attendance is belonged to play card independently, cannot prove Cheng Mou did not carry out this bilk completely " .
To remove reasonable suspicion further, li Shen is adjusted again examine way, from the trend proceed with of these 520 yuan of capital, guide public security mechanism to move the Zhang sheet that took bilk small signal to record, discover this are small after signal gets 520 yuan of red packages, the sum on the horse turns piece, chamberlain is " * dragon " , via checking, "* dragon " the individual small signal that is company boss Liu Mou.
Li Shen immediately submits to the case this academy check appoint can discuss, everybody thinks consistently, amount of bilk of guilty suspect Cheng Mou did not achieve 3000 yuan this one " number is larger " standard, its behavior does not constitute crime of fraud.
On December 24, 2018, procuratorate of river shade city is made to guilty suspect Cheng Mou lawfully legal do not sue a decision. Public security bureau of river shade city puts forward to reconsider after, this courtyard appoints undertaker to undertake checkup separately, and classics check appoint can discuss a decision, maintain at was being made on January 22, 2019 do not sue a decision formerly.
In the meantime, procuratorate of river shade city Liu Mou clew of this 520 yuan of bilk turns over Henan province orchid takes an examination of prefectural procuratorate. Hind because Liu Mou is suspected of crime of fraud by to sue of mechanism of local procuratorial work, and on March 26, 2019 open a court session is tried, local court will choose period is adjudged.
Popular science is legal do not sue
Basis " criminal procedural law " the 16th pass an imperial examination 177 the first regulations, legal do not sue apply to the following 7 kinds of case:
1
Guilty suspect does not have the; of guilty fact
2
The clue is remarkable slight, harm is not great, do not consider as guilty;
3
Crime already crossed the; of deadline of limitation of prosecution
4
Classics amnesty makes absolve penal;
5
According to criminal law tells ability the crime of processing, did not tell or recall told;
6
The; that person of guilty suspect, the accused dies
7
Other law provision avoids those who grant to investigate criminal duty.
