Spot of front courtyard careful
By the Anhui province procuratorate of phoenix stage county lawfully the village of Tian Gang of market town of Yue Zhang of phoenix stage county of to sue former 5 villages cadre is suspected of functionary embezzlement blame, crime of fraud one case, tried in open a court session of court of phoenix stage county on June 27. Ding Huaiguo of inquisitor of procuratorate of phoenix stage county, Li Min, Wang Ying appears in court supportive public prosecution.
Secretary of former Party branch of village of hillock of cropland of department of some fierce of Lv of the accused person, village appoint conference chairman, lv Mou ever also held the post of cropland hillock village appoint conference chairman, xue some chrysanthemum, Gao Mou is connected, Lv Mou Xie San's person is village Party branch or village so appoint conference committee member,
Procuratorate of phoenix stage county accuses: The 5 people such as Lv some fierce are a purpose with detinue, collect money what construction cannot enter is tabernacular, dummy fact, diddle country tears open change to compensate a paragraph more than yuan 250, the behavior of 5 people is suspected of swindler blame. In the meantime, 5 people exploit the advantage of officially, salary of the member that take fictional Wu worker, member that empty lists a person, empty lists service project to wait for a method, will collective property is illegal possess oneself of, amount of property of collective of village of embezzlement cropland hillock amounts to more than yuan 390 thousand, be suspected of functionary embezzlement crime, social influence is abominable.
Village adjacent mine, cave in removes have compensation
Cropland hillock village is located in the southwest of government of market town of Yue Zhang of phoenix stage county, population 1800 more than person, usable farmland 2315 mus, it is an older village in the town. This village is located in near colliery of Zhang Ji of colliery of local country oversize. This colliery is much coal-bed exploitation, year productivity many tons 1000. Because exploitation of large-scale integrated mechanization is formed,collect empty cave in, involve the villager to remove find a place for.
The branch sets related the Anhui province, cause collective land dent because of coal mining, coal company should shift to an earlier date the likelihood cave in circumstance reports seat government, and jointly with survey of spot of department of administration of land natural resources, the attachment on ground of check the amount. Local government also regulation of proclaimed in writing, coal mining enterprise is in charge of reporting cave in area to plan to remove ahead of schedule village. Wait for after land is composed, decide jointly with coal company by department of administration of land natural resources answer area of reclamation area, commandeer. To involving removing village to must offer compensation, right before land cave in the land of cave in has take over for use and will find a place for to appropriate of resident of cave in area.
Build false house, village cadre is done " get rich Taoist or Buddhish rites "
Face cave in to remove have compensation, the cadre of a few villages of cropland hillock village is getting compensation fund, rehabilitate to find a place for on hit abacus, made " get rich Taoist or Buddhish rites " , thought up collect money " the room that make a holiday " those who cheat a country to compensate a paragraph " wise move " .
Procuratorate of phoenix stage county finds out: In August 2005, cropland hillock village holds the post of when appoint the Lv Mou fierce that meets a director, hold village, series caucus, offer cadre of village, group collects money each 50 thousand yuan, be in with the name of ministry of new residential quarter, home of respect for the aged the eastpart part of small place of business of cropland of cropland hillock village builds a house, use at cave in of mine of diddle Zhang Ji to compensate a paragraph. Leaf of Lv Mou of battalion commander of battalion of some chrysanthemum of village accountant Xue, commando, village appoint Gao Mou of conference committee member is connected wait for a person to be answered actively. Hind the 17 people such as Lv Mou fierce collect money in all 740 thousand yuan of money that build a house, hand in with Xue Mou chrysanthemum keeps. Falling without any circumstances that examine and approve formalities,
In October 2005 the middle ten days of a month, ministry of new residential quarter, home of respect for the aged builds, but these buildings do not have door window, 2 did not whitewash, 3 not devoted and actual use, mine just is not willing to compensate at first. Classics is harmonious, clerk of government of square, town was opposite mine on November 8, 2005 ministry of home of respect for the aged, new residential quarter undertook measure is registered tearing open change, among them area of home of respect for the aged is 4688.46 square metre, area of ministry of new residential quarter is 1007.5 square metre, it is at the same time in measure registration form remarks " the window that do not have the door, card yets to be investigated " . Because this building is belonged to,build, and use card without land, zhang Ji colliery did not grant to compensate all the time. Till came on October 27, 2010 on November 27, exchange views via bilateral and harmonious meeting, zhang Ji colliery just agrees with ministry of new residential quarter to be compensated by new structure by old building, home of respect for the aged, signed respectively commonweal, fair build and plant station compensation is responsible for a task unit until it is completed agreement. The fair roofing that build a house accumulates ministry of village of conventional cropland hillock room roofing of home of respect for the aged of hillock of 1077.5 square metre, cropland accumulates 4688.46 square metre. Mixed in March 2011 in August 2011, the compensation fund of ministry of new residential quarter, home of respect for the aged in all more than yuan 250, come by mine square appropriate early or late town finance place, appropriate turns to account of collective of cropland hillock village after.
Lv Mou fierce collect money the person is about to distribute compensation fund, but when Ren Cun appoint the Lv Mou that meets a director collects money because of was not being participated in build a house, do not wish to be in apply for reimbursement sign on sheet. Hind leaf of chrysanthemum of classics Lv some fierce, Xue Mou, Lv Mou, Gao Mou is connected wait for a person consultative decision, take out Lv Mou of 30 thousand yuan of deal out from inside compensating a paragraph, lv Mou just agrees to sign. Later, xue some chrysanthemum was made " home of respect for the aged of ministry of mine compensation village returns this payment of interest " detailed list, the 19 people such as Lv some fierce divided up more than yuan 2.38 million, place remnant is put more than yuan 110 thousand in the collective account of cropland hillock village.
According to mine square relevant personnel introduces, this mine presses every mus 1200 yuan of standards pay young crops of farmer of cave in area to compensate a paragraph, press every every months 120 yuan pay building of farmer cave in and hut canopy fee. The fund raising that deducts 740 thousand yuan more than on paragraph and collective account, the person such as Lv some fierce uses the means of bilk avowedly, earned more than yuan 1.63 million " price difference " .
List empty Zhang, capital of embezzlement village collective
The 2nd accusation of the person such as some fierce of Lv of accusation of procuratorate of phoenix stage county is to be suspected of functionary embezzlement blame, involve guilty fact 3 cases in all.
Take project capital petty gain. Because mine just discharges sewage need, in Tian Gang village churchyard is contributive built drain flooded fields of sewage of boreal bay way station to stand. Annual mine just safeguards boreal bay way station cost to infiltrate account of collective of cropland hillock village, by the village appoint meeting employ personnel is in charge of be being safeguarded daily reach be on duty, according to everybody sends knock off endowment 6000 yuan every year. After waiting for 5 people to discuss, some fierce of Lv of the accused person, Lv Mou thinks, financing of boreal bay way station is abundant, village ministry can send a few allowance from which. Later, the accused person such as Lv some fierce exploits the advantage of Zhang of village of director, deal with, use empty to list the kind of personnel salary, come since 2012 2015, successive empty lists the 7 people pay such as Lv Mou fierce to express, from village collective wages of way station of bay of north of the falsely claim as one's own in capital totals more than yuan 130 thousand.
Take commonweal capital petty gain. Rose 2013, villager of cropland hillock village in succession change lives to new developed area of phoenix of phoenix stage county. Proper motion of cropland hillock village organizes the personnel that protect clean to be in charge of cleaning village sanitation, pay salary every months 800 yuan each. 2014 before the Spring Festival, cropland hillock village two appoint when attending a meeting, some fierce of Lv of the accused person, Lv Mou offers to give a village in order to keep the name of clean personnel salary two appoint, villager group leader extends allowance. Win approval of other village cadre, the row that satisfy empty is expressed to the salary that 17 people involve between 2015 from November 2013, be gotten in capital and extend from village collective more than yuan 60 thousand.
Public money eats and drink strike a balance. Came 2015 during 2017, the person such as some fierce of Lv of the accused person and Lv Mou, exploit the advantage that is in charge of Zhang of deal with village together, list of staff of fictional Wu work, rubbish of Xu Lieqing manage, clear the miscellaneous labor expenses such as aqueduct, reach pay of entertainment cost etc in order to rush, from the falsely claim as one's own in village collective capital more than yuan 190 thousand.
Weigh evidence, public prosecutor accuses lawfully
Indictment of public prosecutor read out
In front courtyard careful, both sides dominating debate parts interrogatory to the accused person, ask a question, person of allegation of character of testimony of a witness of card of the material evidence to proof case fact, book, testimony, the injured party, the accused offers remark opinion of exculpatory, appraisal, identify note, the evidence such as data of seeing and hearing, have quote, qualitative card, applicable to fact, evidence and law wait to the problem expresses an opinion adequately and argue each other.
Level is investigated in front courtyard careful, the guilty charge that Lv some fierce charges to procuratorial work mechanism on the court all remonstrates. Adjudgement personnel and paraclete ask Lv Mou fierce to in boreal bay way station is on duty to whether have fill in be on duty when the watch, its express not to know. Lv some fierce admits is with village ministry name builds department of so called new residential quarter. If,ask its when paraclete this plot all the time not cave in, when how treating these buildings, lv some fierce is stated " village ministry a room is enough, other can hire go out to seek profits, still collect money slowly paragraph " . Lv some fierce still states income and expenses of village department finance affairs is done not have " entertainment cost " the row supports a project, it is pure that empty lists miscellaneous labor expenses entertainment charge. State to this, another did not attend collect money but Lv Mou is in the accused person that gets fee of 30 thousand yuan of advantage interrogatory in give affirm.
Face Lv Mou to deny the person such as fierce of witting Lv Mou to build purpose of village ministry belong to the same organization, deny never attend boreal bay way station to be safeguarded daily etc for narrating, public prosecutor Li Min undertakes to its with issueing the book card, pattern that confirms authenticity of one's words evidence interrogatory. Let be stated on the court " never had seen the place in the detention house do sign for narrating " Lv Mou is avowed " antilogy " , admit " for narrating it is truth " .
Public prosecutor just puts forward to plead on the court " this case mine just did not call the police " " the person such as Lv Mou fierce holds watch of program card, relevant give an official to build a house, do not form bilk " viewpoint, undertake rejoining with book card. This case clew ties local record appoint inspect appoint the clew that in investigating and deal with sb the person such as Lv Mou fierce violates age act, discovers, turn over put on record of public security mechanism to investigate. The person such as Lv some fierce does not collect money with village cadre individual name, and with the village appoint meeting name is declared build a project, get relevant approve a list, itself is the action that hides nitty-gritty namely, and much person is mixed in public security mechanism for many times of procuratorial work mechanism offer in narrating, be being stated is to get a country to tear open change to compensate a paragraph, after obtaining a fund, did not use at collective however illicit cent, their doing is a purpose with detinue, should conviction by crime of fraud punishment. Public prosecutor thinks, in be suspected of swindler blame, lv some fierce offers and undertake main matters concerned, should maintain for prime culprit; In be suspected of functionary embezzlement blame, lv some fierce, Lv Mou should be prime culprit.
Level is stated in the accused person finally, lv some fierce, Lv Mou is suspected of accusation to place all dissent. The 3 people such as some chrysanthemum of Xue of the accused person state him law consciousness is thin, the behavior that did not think of oneself can be suspected of swindler blame, express to admit one's guilt to be suspected of the fact of functionary embezzlement blame contrition. Xue some chrysanthemum says: "Oneself this year also many years old 50, literacy rate is not high, oneself old mother 89 years old, daughter-in-law waits for production, waiting for oneself to hospital nurse. Oneself became wrong be wrong, hope court can give him a chance, just and rational court decision, let oneself at an early date return society. Let oneself at an early date return society..
After front courtyard careful ends, collegiate bench decides choose period is adjudged.
