On July 26, 2018, procuratorate of the area in Youyu lawfully a force of to sue demands payment of a debt case of group of vicious power crime is adjudged publicly, court of the district in change sentences the set term of imprisonment that two years 6 months reach the 9 people such as Xu Lihua of the accused person, Zhang Bin one year to differ with imprisoning a blame illegally.
This is to sweep black since be being begun except evil special accuse and denounce at a meeting, chongqing city cases of first experience black vicious power that adjudicate publicly.
Adjoining company has " odd " wearing optional let the cat out of the bag
"Does the person that needs loan now have so much? Why adjoining company often lights brightly lit, don't a lot of people come off work? Don't a lot of people come off work??
Let Chongqing the clerk of some chain hotel very feel puzzled. The management of commerce of Chongqing conclude nation of same floor is writing on the fascia that limited company hangs: Advocate battalion is small loan and car borrow money, but the person in the company dresses up very optional however.
"It seems that unlike is put borrow a clerk. " recollect according to the clerk, before paragraph these people return time to open a room via often coming to the hotel, but opening a room is not him however live, live to someone else however.
"The person that the person of their company still stays in guard of room inside and outside by turns, quite strange. " the clerk says.
Actually, this alleges external advocate battalion is small the conclude nation commerce of loan runs limited company, it is actually one " try to palm off sth. inferior to what it purports to be " force demands payment of a debt company. Get together of this company one side " hatchet man " force demands payment of a debt, one side and creditor sign debt to entrust acting agreement, collection high specified number " the representative is expended " , from which seek is illegal interest.
Procuratorate of the area in occupying change undertakes inquisitor introduction, in June 2017, zhou Cong, Yang Li is complete (two people other case is handled) wait for a person to be constituent carrier with the company, early or late get together Xu Lihua, Zhang Bin be released after serving a sentence and the society is disengaged personnel, demand payment of a debt in order to replace a person for, use imprison illegally wait for means for many times organically carries out illegal crime activity, work up rises with week, Yang Wei head, the group of vicious power crime that constituent member secures basically.
According to introducing, division of labor of this crime group is clear, boss Zhou Cong is in charge of the job such as staff invite applications for a job, day-to-day management. General manager Yang Li is completely responsible outside solicit business, help creditor finds the person that be in debt.
In addition, its " at hand " cent is 3 groups, each constituent is not guided by the group leader 3 to 4 groups member, be in charge of demanding payment of a debt specificly general affairs, some is in charge of that seek a person, some is in charge of that attend to, some is in charge of that threaten, feature of systematism, collectivize is apparent.
The injured party imprisons 109 days illegally to be forced hand in by " accommodation cost "
"I had missed take flight, but they attend to very severely, it is 3 Zhuanghan attend to by turns at ordinary times I, do not have an opportunity to escape at all. Do not have an opportunity to escape at all..
Oneself are as long as the injured party since Zhang Mou memory of 3 months lock lot, still one's heart still fluttering with fear, fear after the event unceasingly. "They still confiscated my mobile phone, do not let me follow outside connection, the ability when agreeing with outward raise the wind through them only calls, leave even avoid carry... "
According to introducing, after Zhang Mou and other produce dispute over obligation, be in order to demand payment of a debt by conclude nation company renown, imprison illegally be as long as 109 days, be threatened by utterance not only during, still suffer air gun of water of adjustable rod, chili, ball bearing to wait for violent menace for many times. By hold sb under duress during, relevant personnel still does not let his sleep for many times, kill so that his heart disease broke out.
"Find out to avoid, they are taking those 3 months I changed a few guesthouse, in the hotel that just attends to me by their company finally. During imprison, they still are forcing I dine together together. I do not want to go, they are minatory I. They are minatory I..
Zhang Mou says: "Oneself do not have cash repay a debt originally, they still ask for the room charge of 3 months to me. They still ask for the room charge of 3 months to me..
According to introducing, be demanded payment of a debt by force of conclude nation company, the more than still Zhang Mou that imprisons illegally one person. Since this company holds water, early or late get together personnel undertakes following to the person such as Yang Mou of the injured party, Yuan Mou, guard, limit other person freedom, adopt with violent photograph minatory, utterance threatens wait for a method, the person such as press Yang Mou, Yuan Mou remands loan.
Have more very person, among them a the injured party still is forced to pay conclude nation company 20 thousand yuan more, the hardship that regards guard of this company staff as the injured party is expended.
Dozen hit early small: Deal with one case caution
Instantly, demand payment of a debt technically the company is not rarely seen, some is placed on bright face to have advertisement sale even. These demanding payment of a debt the company often wanders in " gray region " , have very much over a few creditor " the market " , and this also was become cause illegal force to demand payment of a debt the soil of black even evil crime.
So, how to distinguish demand payment of a debt is the behavior of the company general is breaking the law still criminality? How to hold property of group of crime of its vicious power truly definitely?
"Distinguish at demanding payment of a debt commonly company, conclude nation company is disengaged personnel reachs society of organically get together be released after serving a sentence personnel, in demand payment of a debt adopt in the process imprison intended harm, illegally, menace threatens wait for violent means, violate other person right badly, destroy economic order and social order, harm sex is great. " undertake inquisitor says.
Accordingly, this year on May 29, procuratorate of the area in change is examining the base that collects tone to take relevant testimony to go up in the round, imprison guilty fact complement illegally to what the accused person omits to sue, held property of group of crime of this gang vicious power successfully.
"Notable is, activity of crime of a few black vicious power also tends gradually concealment change. " undertake inquisitor expresses, it is with this case exemple, demand payment of a debt company besides taking obvious violent step, often also use " weak force " , namely " can frighten do not scold, can scold do not hit, can hit do not hurt " concealment way, try in vain to threaten with utterance wait for soft violent means to escape blow. "This is collected to evidence and the case is qualitative brought certain difficulty. "This is collected to evidence and the case is qualitative brought certain difficulty..
Handle a case in the process, before chief procurator of procuratorate of the area in change leans, direct, hold inquisitor joint meeting to grind sentence details of a case, handle a case inquisitor conducts public security scheme actively complement of fact of evil to experience crime is investigated, fixed evidence, final and accurate lock decides gang of this vicious power to rely on " company " form of this one organization, adopt imprison intended harm, illegally, menace threatens wait for method force to demand payment of a debt, the guilty fact of illegal accumulate wealth by unfair means.
According to introducing, procuratorial work mechanism is on the foundation that handles a case strictly lawfully, accurate hold to demanding payment of a debt the domain is black evil crime " dozen hit early small " criminal policy, develop typical case " deal with one case, caution " positive effect, purify folk effectively leasehold domain order, optimize environment of integral battalion business.
"We discover a lot of commission to conclude nation company seeks the loan of debt and did not demand payment of a debt successful. " undertake inquisitor reminds say, "Loan still should go standard approach to maintain his legal interest, not credulous demand payment of a debt company. Not credulous demand payment of a debt company..
