Yao Wen / caricature
A few days ago, the property of 14 people gangdom such as the Zhang Xinmin that saves to sue of procuratorate of city of chaste tree state by Hubei organizes guilty case first instance to be adjudged publicly. Prime culprit Zhang Xinmin is sentenced capital punishment, postpone a deadline carries out; the others 2 years 13 average per capita are sentenced set term of imprisonment.
And make the black group of 14 people experience such as Zhang Xinmin progressively rise to surface, it is 3 years ago gather a crowd affray sends person death case.
Intervene ahead of schedule guide investigate
"Black eldest child " rise to surface
"Homicide! " shriek, resound in water area of the Yangtse River big lake bird's nest is pressed down paragraph.
On November 4, 2016, have in element " an abundant place " beautiful praise Hubei saves river of alcalde of bird's nest of Hong Hu city paragraph central surface performed " faction fight with weapons between groups of people " .
3 mosquito craft, two collect arenaceous gang illegally to encounter head on, a group of person raises steel fork, another group holds cutting tool, fight firm each other, hold instrument to pilot a light boat to bumping. Meantime, one man is stricken by steel fork left bosom, die after cure is invalid, another person gets flesh wound. Via affirming, die the man collects Du Huafeng of arenaceous gang head illegally for place, get hurt man Zhang Weixing is Zhang Xinmin " man " .
After this case happens, procuratorate of big lake city holds water quickly handle a case group, assign business backbone intervenes ahead of schedule investigate, build for many times to system of the investigation direction of public security mechanism, evidence offer specific aim opinion, proposal, guide through intervening effectively investigate, the help handles a case mechanism perfects relevant evidence. On April 28, 2017, public security bureau of big lake city moves this case send procuratorate of Hong Hu city to examine sue.
"Most begin, li Qideng of main crime suspect insists this case readily oneself are chief instigator, someone else suffers him to incite. " according to Hong Hu Wu Weidong of city procuratorate deputy chief procurator introduces, at first, the guilty suspicion philtrum of this homicide case does not have Zhang Xinmin, other suspect also did not offer Zhang Xinmin piece.
But the knowledge as counterproposal affection is thorough, handle a case inquisitor discovery, although there is Zhang Xinmin's form in this case, but Li Qideng of main crime suspect and the much average per capita that participate in fight with weapons between groups of people are Zhang Xinmin " man " . Pass the checkup of data of pair of other and relevant records and interrogatory crime suspect, inquisitor acumen ground realizes, this removes homicide case to be concerned extremely likely with Zhang Xinmin. In the meantime, procuratorate of big lake city is in the process that investigates a case additionally one case, also discovery and Zhang Xinmin are concerned, decide at once and case examine.
Via examining, 2005, after Zhang Xinmin is released after serving a sentence, pass with little brother Zhang Gongming, Zhang Qingming offer gambling house, put usurious wait for gold of means amass wealth by heavy taxation, have a hand in the accumulate wealth by unfair means of a lot of industry of bird's nest town and domain of circumjacent region economy. After this, for obtain more golden eggs, collect of Zhang Jiasan's brother 10 more than person, formed the gangdom property that heads with Zhang Xinmin to organize, be engaged in for a long time be being collected illegally in bird's nest town arenaceous, force to trade wait for an activity, right of surface of around the Yangtse River collect arenaceous course of study illegally to undertake controlling.
"They are nonsked arrangement at hand is perambulatory river side, do not allow other operation, still supply arenaceous stone to many enterprises forcibly. " Introduction Wu Weidong, to establish a position, zhang Xinmin gang uses the method blow such as violent, menace to collect arenaceous competitor for many times.
The analysis through other to this gang that dealing with case grinds sentence, procuratorate of Hong Hu city thinks, this removes homicide case to be concerned extremely possibly with Zhang Xinmin, suggest public security mechanism detains the suspect apart, increase trial strength, aggrandizement policy make a psychological attack, each checkmate.
Final, defense line of guilty suspect psychology is entire disintegrate, all evidence point to Zhang Xinmin, an organization of property of 14 people gangdom that heads with its rises to surface.
Examine accurate determinism lawfully
Chain of experience black evidence is formed
In view of details of a case great, influence is abominable, on May 15, 2018, the 14 people that procuratorate of city of chaste tree state accepts what the newspaper sends procuratorate of big lake city to head with Zhang Xinmin are suspected of organization, leader, attend gangdom property to organize guilty case, examine lawfully sue.
Wang Cunfeng of this courtyard chief procurator is indicated instantly hold water handle a case group, the requirement undertakes checkup to entire case lawfully, want to make sure quality also wants to improve efficiency already.
In conducting this case process, handle a case group father to pass case fact lawfully, evidence closes, the program shuts and law is applicable close, conduct investigation scheme in time compensatory and relevant evidence more than 100, perfect fixed evidence further. This courtyard is arrested with respect to the checkup of this case respectively, examine sued duty to decide a case guidance opinion and concrete step, begin collective discussion 3 times, listen to lawyer plead opinion lawfully 12 person-time.
In the meantime, sweep in Jing Zhou black do unified leader chime to move, procuratorate of city of chaste tree state holds joint meeting with public security bureau of city of procuratorate of city of city public security bureau, Hong Hu, Hong Hu for many times early or late, special subject research, communicate harmonious, handle a case in time to each the unit consists have a difference of opinions to give with different understanding response.
The homicide case before be aimed at 3 years for example kills a person because of cannot be being sent directly certainly (the person that carry out) and cannot maintain for intended harm (deadly) the opinion of the blame, procuratorial work mechanism points out, ought to maintain for intended harm (deadly) blame, reason has 3: It is first member and active participant subjective those who go up to be generalized to committing a crime to have as a result is intended, should be in charge of; to entire case consequence 2 it is to gather a crowd the result; that affray blame cannot cover the death that send a person 3 although cannot be sent directly certainly,be kill a person, but participate in number of affray one party to decide, affray fact is clear, what first member and other participant should generalize with its is intended, all translate into (indirect) harm intentionally (deadly) blame.
Afore-mentioned viewpoints of procuratorial work mechanism got each square height is approbated attending the meeting, formed sweep black except evil powerful resultant force.
During this, mix with investigation mechanism in procuratorial work mechanism of concerned branch cooperate closely to fall, the evidence with black experience of Zhang Xinmin gang is even more strong:
Zhang Xinmin organizes a member through economic shift administration, its are passed put usurious mix gambling house makes money the place that built public house became constituent member idle away in seeking pleasure, he asks at hand must be accomplished " 3 hearts " -- devotion, cruel-hearted, satisfactory;
Zhang Xinmin organizes the extremely low price with 50 thousand yuan forcibly to the villager " buy " of 26.4 mus of land contract right of administration, cause the villager to hide to the other place to make short-term work, the Spring Festival just dare come home;
On August 16, 2015, the person such as Zhang Xinmin is informed Peng Mou to see of purpose to its, guide several people to hold fork of steel tube, steel to wait commit the crime tool, cent heads for bird's nest to press down unitive village dock to maul Peng Mou; by two cars
On August 5, 2016, zhang Xinmin adopts arenaceous advantageous position for contention, invite approximate number person to carry socks of steel tube, silk, dustcoat to wait commit the crime tool, hire by tiger of Lv Mou of follow at sb' heels of a minibus, Li Mou, press down edge continent village to grow Jiang Jiangdi to bird's nest paragraph, two cars that park in river dam margin to two people undertake hitting is bungled...
Accusation has according to arguing strong
Experience black organization is unable to escape the net of justice
On June 28, 2018, procuratorate of city of chaste tree state lawfully to sue of intermediate court of justice of city of Xiang Jing state.
"Before front courtyard careful, the circumstance that we may appear in the evidence around this case, fact and front courtyard careful for many times undertook centralized grinding sentencing, made many answer program, to appearing in court beforehand case revised more than times 10, ensure effect of front courtyard careful. " Liang Anrong of chief of department of the 2nd procuratorial work says procuratorate of city of chaste tree state.
As we have learned, on Feburary 26, 2019, be in namely sessional before today, the backbone member Li Qideng that procuratorial work mechanism is informed this gang is browbeaten by the utterance of personnel of the place that be the same as inspect. That evening, li Qideng of arraign of the same night of procuratorate of city of chaste tree state, understand relevant situation, do good idea work, ensure the following day effect of front courtyard careful.
On Feburary 27, 2019 9 when, the 14 people such as Zhang Xinmin were served dock by procuratorial work mechanism.
Spot of front courtyard careful, public prosecutor on the court read out book of public prosecution opinion, collect letter, fact to maintain around the evidence of the case, qualitative processing, showed evidence of etc of card of witness testimony, crucial book, the person of 14 the accused that accurate effectively charged essence of life to head with Zhang Xinmin is suspected of organization, leader, attend gangdom property to organize, gather a crowd affray, harm intentionally, imprison illegally wait for 7 accusation.
In the meantime, the guilty fact that public prosecutor still accuses in the light of indictment place spreads out interrogatory, quote and hair to express an opinion. In judicial controversy, public prosecutor around controversy focus, combinative fact evidence and law are applicable, undertook one by one rejoin to the viewpoint of the accused person and paraclete, the course dominates the quote with argue sufficient both sides, qualitative card and debate, person of 13 the accused admits his guilt on the court.
On March 27, 2019, intermediate court of justice of city of chaste tree state makes first instance adjudicate, zhang Xinmin of the accused person makes property of gangdom of organization, leader organize a blame, harm a blame intentionally, gather a crowd affray blame, imprison a blame illegally, provoke affray blame, destroy property blame intentionally, count a blame and punish, sentence capital punishment, postpone a deadline is carried out 2 years, privative politics right is lifelong, be in confiscate an individual person of the accused of the others of total worth; makes attend gangdom property to organize a blame, gather a crowd the blame such as affray blame, sentence the set term of imprisonment that differs 11 years to 3 years respectively, be in the fine that number differs 100 thousand yuan to 10 thousand yuan.
It is reported, advancing sweep black in eliminating evil job process, mechanism of Hubei province procuratorial work insists to be used up except evil Wu from beginning to end with stand fast unified, case handles law appearance as unified as integrated processing, harmonious cooperate with supervise restrict what unite " 3 unified " principle, up to now, approve in all arrest case of evil crime of experience black experience 2211 5476 people, among them experience black case; of 431 907 people already to sue 789 3966 people, among them; of 86 1109 people pursues experience black case suspect of evil crime of experience black experience 1183 people, chase after appeal to suspect of evil crime of experience black experience 297 people. (Qing Jun of Guo of procuratorial work daily wears small lofty Peng Wei)
