News of Chinese Chang'an network, "Up to now, mechanism of countrywide public security is destroyed in all " cover a road to borrow " gang 1664, uncover the case such as bilk, blackmail, false suit 21624 cases in all, arrest guilty suspect 16349, seize experience case asset more than yuan 3.53 billion. " the Ministry of Public Security holds a press conference in Beijing, reported mechanism of countrywide public security to hit " cover a road to borrow " crime of new-style black vicious power concerns a situation.
Guo Lin of spokesman of news of the Ministry of Public Security expresses when chairing a news briefing, "Cover a road to borrow " a kind be new-style black evil crime.
"The black evil crime of condition of this kind of new job why is masses report strong? Is social harm very great? " Guo Lin expresses, basically be it has very strong deceit sex, general with folk leasehold for cover, sign false contract empty to increase debt through diddle victim, forge the false testimony such as capital running water, wait for charge of nominal collection high specified number with fee of cost of examine and verify, administration fee, service, baleful production break a contact forces victim afterwards renew a book to borrow smooth Zhang, ceaseless base high debt, pass finally mobbish, pester, imprison illegally, the force such as blackmail or " weak force " method dun debt, achieve the goal of property of illegal embezzlement victim. This kind of new-style black evil crime not only the legitimate rights and interests of party of serious enroach on, order of disturbed also money market, influence society harmony is stable.
Top people court
About lawfully the announcement of leasehold case of appropriate cognizance folk
Each province, municipality, municipality directly under the Central Government is advanced people court, court of liberation army military affairs, production of senior people court builds the The Xinjiang Uygur Autonomous Region corps branch department:
Folk is leasehold requirement of social diversity financing was satisfied on certain level, promoted mutiple level the formation of credit market and perfect. Meanwhile, case of civilian leasehold dispute also appears explosive type growth, to the adjudgement of people court the job brings new challenge. In recent years, appear ceaselessly socially wrapping around civilian leasehold appearance, through " empty increases debt " " forge evidence " " baleful production break a contact " " charge of collection high specified number " wait for means of illegal embezzlement property " cover a road to borrow " the new-style crime such as bilk, serious enroach on the legitimate rights and interests of people, disturbed money market order, influence society harmony is stable. The evaluation that tries the job to produce civilian trade issue adequately, education, how-to function, appropriate hears case of civilian leasehold dispute, be on guard dissolve of all kinds venture, inform concerned item as follows now:
One, the checkup that increases pair of leasehold facts and evidence strength. "Cover a road to borrow " the crime such as bilk is set bureau person have knowledge crime feature, be good at adding running water of creditor's rights debt, production bank to break couplet trace, intentionally to make the way such as break a contact through empty, form evidential chain closed circuit, and civil proceeding realizes have the aid of illegal purpose.
Accordingly, people court is in case of cognizance folk leasehold dispute, dig up the roots is occupied " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems " the 15th, the 16th regulation, outside waiting for money consign proof to undertake checkup to the creditor's rights proof such as receipt for a loan, receipt, IOU and bank running water, still should join money source, trade the element such as relation of circumstance of change of capacity of habit, economy, belongings, party and party state judges leasehold true condition integratedly. Have the reasonable suspicion such as illegal crime, agent is right of case fact inexplicability, ought to subpoena him party arrives front courtyard, accept an inquiry with respect to concerned case fact. Should increase investigation to obtain evidence appropriately strength, find out nitty-gritty.
2, the criminality such as leasehold behavior of strict divisional folk and bilk. People court is in case of cognizance folk leasehold dispute, should cogent rise right " cover a road to borrow " the vigilance of the criminality such as bilk, strengthen what wait for criminality to civilian leasehold behavior and bilk to discriminate, discovery is suspected of violating guilty clew, material, want seasonable according to " top people court involves economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " with " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems.
Itself of civilian leasehold behavior involves illegal crime, ought to rule reject sue, move the clew that is suspected of crime, material send public security mechanism or procuratorial work office, cogent be on guard the criminal will be tortious legalization, use civil judgment hall and the belongings of embezzlement the injured party of emperor. Criminal adjudicates cognizance lender is formed " cover a road to borrow " of the crime such as bilk, the become effective that leasehold dispute of common to already was being pressed folk makes people court adjudicates, ought to correct in time through ruling monitor gives.
3, strictly observe red line of statutory interest rate lawfully. " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " lawfully establish the judicatory red line of statutory interest rate, ought to from severe hold. People court is in process of cognizance of case of civilian leasehold dispute, to all sorts of with " accrual " " penalty due to breach of contract " " the service is expended " " intermediary is expended " " bail " " delay is expended " wait for a breakthrough or covert those who break through red line of statutory interest rate, ought to not grant to support lawfully. To " lender view department pays big loan principal with cash means " " the interest of high specified number that lender of department of capital of alleged out-of-pocket expense deducts borrower counterplea beforehand " , the checkup that should reinforce the evidence such as situation of the source of out-of-pocket expense money that holds to lender, delivery, maintain leasehold principal amount and accrual of high specified number to buckle lawfully accept a fact. Discovery trades platform, trade adversary, trade mode with " innovation " of the fact with the usurious travel that it is a name, ought to adopt in time send the efficient way such as judicatory proposal case, give stoutly keep within limits.
4, build folk to leasehold dispute is on guard and solve a mechanism. The courtyard is in people standard to be on guard and dissolve folk in leasehold and of all kinds risk, want to combine party and national job overall situation cheek by jowl, rely on Party committee leader and governmental support closely, exploration rules the mechanism innovates, enhance linkage effect, exploration is built cross a branch to administer a mechanism integratedly. Want to increase legal system to publicize strength, guide a society good general mood, serious summary tries experience, strengthen investigation and study.
Various people court discovers new case, new issue in case of cognizance folk leasehold dispute, ask seasonable layer to sign up for top people court.
Top people court
One, cover a road to borrow brief introduction
(one) " cover a road to borrow " concept
Alleged " cover a road to borrow " , not be a new jural charge, however a kind, a general designation of a series of criminality. Its are substantially a series of with leasehold for the name, deceive people the illegal crime activity of gold. "Cover a road to borrow " this kind of criminality is original traceable folk is usurious, the interest of high specified number that does not pay in order to obtain the injured party through evolve ceaselessly and becoming this to plant ever since is a purpose, it is the criminality of the purpose in order to acquire property of the injured party however.
(2) " cover a road to borrow " VS is usurious
1. " cover a road to borrow " nod with usurious join
"Cover a road to borrow " a result that is usurious ceaseless evolution, usurious be like next evolving process.
The first phase, namely before the folk with be narrated normaller is leasehold, put borrowing a person is give birth to accrual with capital, win the get one's own back of accrual;
The 2nd phase, it is behead breath, borrow 300 thousand yuan for instance, a monthly interest ceases 30 thousand yuan, first subtract, leasehold person is taken in one's hand 270 thousand yuan, receipt for a loan writes 300 thousand yuan, it is the interest that pays 300 thousand yuan with 270 thousand yuan capital actually.
The 3rd phase, it is current what we face " cover a road to borrow " , borrow 300 thousand yuan for instance, agree a monthly interest ceases 30 thousand yuan, receipt for a loan should break up times write 600 thousand yuan, add a bank to take running water 600 thousand yuan, offer even hire the guaranty such as room, car, assure.
2. " cover a road to borrow " with usurious distinction
The first, the goal is different. "Cover a road to borrow " " loan " the excuse that is belongings of the injured party of embezzle of the accused person, so " cover a road to borrow " be with " loan " the travel that it is a name the fact of property of detinue the injured party. Borrower of usurious lender hope pays high specified number interest by the agreement and return gold of repayment of capital, the purpose is to get interest of high specified number.
The 2nd, method method is different. (1) the items that empty increases number is different. "Cover a road to borrow " in empty increases amount share is commonly in order to assure or similar names of things appears. Sign a building of 10 years to rent a contract for instance, hire 600 thousand yuan, the amount of corresponding empty tall receipt for a loan, if amount of receipt for a loan is not denounced, send a person to occupy the building of the injured party, he lives or relet gains profit from which to other. Usurious in the amount besides capital often with accrual name set. (2) borrower is subjective understanding is different. "Cover a road to borrow " borrower (the injured party) often be informed to be like normal reimbursement when signing loan contract, empty adds amount not to need to remand, if abnormal reimbursement just wants to return the number that empty increases, the injured party is subjective on think to add a part to need not repay to empty; Usurious borrower needs to repay partly to the high interest besides capital know perfectly well namely when signing a contract. (3) lender is right " break a contact " the attitude is different. "Cover a road to borrow " the objective that medium guilty personnel has empty to add money to achieve, often adopt refus to pick up the telephone, " be missing " wait for means, let the injured party be inside conventional deadline cannot reimbursement, and must " break a contact " , (the circumstance that actually here is production break a contact. For instance, qu such-and-such case, lent money in January, come to just will demand repayment in August, tell the injured party benefit rolls benefit to had achieved 900 thousand yuan; Again Xu is for instance such-and-such case, the injured party returns interest by the month 50 thousand yuan, press put the demand that shifts a person every months to be hit in Xu such-and-such card, but, the 3rd month, the injured party of such-and-such requirement waiting for a person goes to Xu every months its place reports for duty, it is break a contact otherwise) . Usurious lend just hopes borrower repays captital with interest as early as possible, and won't deliberate production break a contact.
The 3rd, enroach on object is different. "Cover a road to borrow " much, society endangers enroach on object big, perhaps force the injured party to sign a contract to demand repayment to force from coax, false suit, not only right of property of enroach on the injured party, person counterpoises, still endanger public order, destroy financial administration order, challenge judicatory authority even, serious obstructive judicatory is just. Usurious basically be to destroy financial administration order.
The 4th, legal consequence is different. "Cover a road to borrow " in belong to illegal criminality substantially, loan principal and accrual do not get legal protection. (capital is guilty tools, accrual gives as illegal earning confiscate) . Usurious reflected bilateral meaning autonomy, the interest inside loan behavior itself and certain extent gets legal protection. Basis " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems " , the interest rate that leasehold both sides agrees exceeds annual interest to lead 36 ％ , the accrual agreement that exceeds a share is invalid. Namely usurious capital and legal interest get legal protection, exceed section of interest of legal high specified number not to get legal protection.
(3) a few kinds of mode that cover a road to borrow currently
The first, mode of B division model, put in the clear division of labor of intermediary gang and capital gang, through be being put for nothing, the bank takes running water, prevail on minor writes down empty tall receipt for a loan, the amount that the purpose depends on getting receipt for a loan to go up or the house property of the injured party. Feature of this mode model is two gangs with apparent existence, between the gang and cooperation of in-house division of labor, intermediary gang is in charge of demagoguery, seek a target, give those representing capital the gang introduction of the injured party after that, the loan of add after capital gang is passed and force demand payment of a debt etc, achieve the goal of bilk minor.
The 2nd, mode of F division model has two kinds: Car guaranty mode, put in intermediary gang and blackmail gang, it is guaranty with car of the injured party, make its write down empty tall receipt for a loan, drive the car after that, blackmail a victim in order to sell a car for the name. This mode feature is reflected solicit a client for intermediary gang, give contributive blackmail the gang introduction of the injured party after that, this gang increases contract loan amount through waiting for name with all sorts of penalty due to breach of contract, charge, cheat the injured party not break a contact does not need to assume the debt besides loan and accrual, after that contributive gang namely because of break a contact of the injured party privately drives guaranty car, blackmail car of atone for of debt of high specified number of the injured party, be about to mortgage car is handled otherwise. Without guaranty mode, this mode also is the gang commits the crime mode, project of the part inside the gang is specific, complete blackmail action jointly, this gang go up by net of one part person first release without mortgage loan information, attract the injured party, be in after affirmatory good cause do not give pay or only small fall to the circumstance that pays loan principal, pass through with industry of financial condition of company need examine and verify, loan namely practice, need to assure doubly without guaranty etc for, beguiling the injured party is multiple on receipt for a loan and agreement fill in loan amount, commit a crime after that the suspect undertakes blackmail with amount of receipt for a loan.
The 3rd, mode of J division model, the road is covered to borrow a case in this area in, its " professional " reflect more apparent. In this mode, guilty suspect establishs a company, the purpose masks his with lawful appearance illegal purpose. Guilty suspect runs usurious business through this company, but its purpose is not accrual of usurious high specified number, take the kind such as running water through empty tall receipt for a loan, bank however, make the injured party writes down receipt for a loan of high specified number, wait through be being imprisoned violent means, illegally again after that ask for debt, notable is in this mode in the lawyer participates in his, distort receipt for a loan, mention false suit, try in vain to achieve oneself bilk goal through litigant means.
2, " cover a road to borrow " typical charge analysis
"Cover a road to borrow " not be an accusation, as a series of criminality, can involve different charge, author later development is opposite a few kinds to cover a road commonly to borrow accusation to have analytic introduction.
(one) crime of fraud
Crime of fraud, it is to point to it is a purpose with detinue, use deceit method, diddle counts the behavior of the state-private property with larger specified number. " criminal law " undertook the 266th times formulary to crime of fraud.
Generally speaking, theoretic think, the impersonal aspect expression of crime of fraud uses con method for behavior person, make other is in generation (or maintain) belongings of the punish below the circumstance of wrong understanding suffers a loss thereby.
Specific and character, of crime of fraud form important document element objectively to basically include: Punish of fraudulent action, mistake, belongings and belongings loss 4 element. Every around between two element, have a kind close together, continuous, cause with the sexual relationship of cause and effect that is caused, constitute crime of fraud from this make important document structure specially. [1] fraudulent action causes an error, the mistake causes belongings disciplinary action, belongings punish causes belongings loss.
Subjective make important document element besides be aimed at commonly what make important document element objectively is intended besides, still need to have the objective of detinue. The detinue purpose in crime of fraud, actually dispute law seeks profit purpose. In addition, returning those who need an attention is, there is behavior not only in bilk structure person and be decieved person, put possibly still in someone else. Be decieved likely namely the person is not belongings loss person.
In covering a road to borrow the bilk case such as Qu Mou with what procuratorate of Shanghai B area deals with, intermediary gang and capital gang carried out fraudulent action jointly, through distributing " minor borrows money to need not be returned " wait for a rumor, the measure that puts for nothing after that, hang Mou of prevail on minor writes down the receipt for a loan with tall empty, the number of does not need to go up to receipt for a loan high specified number that the victim forms accordingly undertakes reimbursement, the amount reimbursement that borrows to oneself only even need not the wrong understanding of reimbursement, roll the means such as benefit, smooth Zhang through benefit after that, loan amount expands ceaselessly, ask for debt through violent means after that, cause the disciplinary action with wrong in fear minor him house property (its think is mortgage loan) , final result is house property of under one's name of minor Hang Mou be sold to go out by the partnership such as bilk gang Qu Mou. In this case, guilty suspect's original intent is not the accrual of high specified number of loan, however minor the amount on the receipt for a loan of high specified number that write down, after that the house property that the purpose evolves into minor under one's name, pass step by step carry out fraudulent action, make the injured party produces wrong understanding, the violent means that is based on this kind of wrong understanding and guilty suspect threatens etc, wrong disciplinary action the loss that oneself belongings caused belongings thereby.
What the attention needs here is, a few distinction of false suit and crime of fraud. A way that handles in procuratorate of Shanghai J area in borrowing a case, involve a lawyer to be below the circumstance that knows perfectly well a victim to did not obtain loan, assist guilty suspect to distort loan contract, with concoctive fact to forensic to lodge a complaint, application lawsuit conserves the relevant belongings of the injured party, provided false evidence on the court, be adopted because of relevant crime suspect after coercive measures, this lawyer just applies for to nolle prosequi, remove lawsuit conserves. In this case, guilty suspect and lawyer are a purpose with detinue, the purpose is passed mention belongings of other of diddle of false suit fashion, amount is particularly huge, constitute crime of fraud.
In this case, the lawyer's behavior accords with criminal law completely the 307th one of regulation, mention with concoctive fact civil suit, others of serious perhaps enroach on shuts obstructive judicatory sequence of right beneficial, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; The clue is serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold, make false suit crime. But a the 3rd section provision, have the first action, detinue other belongings perhaps escapes legal liability, make other crime again, the regulation with according to heavier punishment convictions from heavy punishment. This case is so medium, experience case lawyer is conviction with crime of fraud of measurement of penalty.
(2) blackmail blame
Blackmail blame is to point to be based on the purpose that gains profit illegally, with threatening behavior makes for the method other consign belongings (include property and belongings sex increase) behavior. " criminal law " undertook the 274th times formulary to blackmail blame. Of blackmail blame form expression of important document content to be, use threaten method, make other produces scared psychology, acquire property then. Blackmail blame (accomplished offense) have as similar as crime of fraud basic structure: Carry out to other threaten behavior, appearance opposite party produces scared psychology because of threatening, relative to square lest dread punish (or consign) belongings, behavior person or the 3rd person acquires property, the injured party suffers belongings loss, these 5 element have the correlation on the reason, and exist secure early or late ordinal. [2] is covering a road to borrow typical case in, the guilty suspect that Shanghai F area deals with borrows the blackmail action that has for agency to be had very much with the car representative. In this case, guilty suspect includes intermediary gang and capital gang, intermediary gang gives those representing capital the gang introduction of the injured party, capital gang asks the injured party assures as guaranty with car, sign far the receipt for a loan of high specified number that is more than specified amount of real borrow or lend money (receipt for a loan contains cash deposit of high specified number, guilty suspect claims to need not be returned) , after that short-term inside below the circumstance that does not have break a contact even through making the way of break a contact intentionally, drive car of the injured party, call after that extort ransom money of high specified number of the injured party (prep above receipt for a loan) , coerce sell car, threaten forbid to call the police, here the circumstance falls, the injured party by force of menace, chose basically to pay high specified number ransom money. A few the injured party in this case, by blackmail amount little criterion tens of thousands of yuan, many ten yuan, threatening threatening under pay atone for car, guilty suspect uses this kind of pattern, carried out blackmail for many times, amount is particularly huge.
(3) imprison a blame illegally
Imprison a blame illegally, it is to point to imprison other illegally to perhaps strip illegally with other and compulsive method intentionally the behavior of other person freedom. " criminal law " made a provision the 238th times to imprisoning a blame illegally.
Imprison a blame illegally, specific and character, subjective side is intended, know perfectly well person of can privative other to do it free and intentionally for the person all right namely. Guilty motive is more diversiform. Guilty main body is general main body, without demarcate. The object of this blame is the person freedom of other, impersonal aspect expression is with be being detained illegally, confinement is other perhaps and compulsive method, the behavior of freedom of person of illegal privative other. Imprison a blame illegally hold water, the illegal sex of behavior is fundamental condition. In the meantime, this blame concerns easily with embroil of other crime existence, need is divisional one blame or number blame. In addition, demand payment of a debt model be being imprisoned illegally is the one sort that sends more quite currently model.
Be in this second in covering a road to borrow typical case, procuratorate of Shanghai J area deals with old in imprisoning a criminal case the bilk such as such-and-such, Han Mou, blackmail, illegally, imprison a blame illegally special typical case. In this case, the injured party makes some to guilty suspect old the opened usurious company such as such-and-such, Han Mou lends money 200 thousand yuan, obtain loan that day, guilty suspect Chen Mou the 6 people such as some follow namely Xu Mou ensures its return money, some is made in discovery cannot the circumstance of reimbursement falls that day, lock Xu Mou belt to some guesthouse, undertake beating up, till morrow makes some family raise the wind 205 thousand yuan. In this case, the behavior of guilty suspect is typical ask for debt model imprison illegally, debt exists really, suspect of a few crime was adopted imprison Xu Mou the kind that limits Xu Mou freedom in hotel room to ask for debt, and existence beats up behavior, accord with imprison a blame illegally the first paragraph, the 3rd case. Notable is, in this case, put in blackmail behavior and bilk behavior at the same time, count a blame and punish, be not embroil to make.
(4) provoke affray blame
Provoke affray blame, it is to point out at abreacting mood, flaunt one's superiority the motive that makes fun of a horizontal stroke, in public make trouble out of nothing, jeer make trouble, beat up at will, angle, intercept, abuse, threaten other, rapacious and extortionary, aleatoric damage, take up state-private finance affairs, destroy public order, the conduct with sequential and abominable, serious clue. " criminal law " undertook the 293rd times formulary to its. From make important document for, the main body of provoke affray blame is general main body, nonexistent controversy. Object respect, encroach should be social order, this society order is to point to public order, include public order and blame public order. The subjective side of blame of ① provoke affray ought to be direct and intended, behavior content all should be to regard as, do not include nonfeasance. Impersonal aspect, this blame is put in certain ambiguous sex, law and judicatory explanation are passed enumerated means undertook classified generalizing to its. In covering a road to borrow case, the case that involves provoke affray pain possibly is to be in dun debt, not clear to whole debt relationship, what reach its household 9 times to the injured party is abuse in participating in its only, threaten and block the behavior such as the door up, below the case that does not make blackmail, bilk, conviction with provoke affray blame.
3, " cover a road to borrow " the law of the case is applicable reach investigation point
(one) law is applicable problem
"Cover a road to borrow " be normally view, there are a such accusations on criminal law, and " touch porcelain " more similar, latter involves traffic cause trouble, blackmail, bilk, endanger communal and safe blame to wait with dangerous method. "Cover a road to borrow " involved charge is more substantial, include, imprison bilk, blackmail, illegally, rob, the contest of provoke affray, false suit, false suit and crime of fraud closes etc.
From overall principle for, conviction on from severe.
Involve specific and applicable, can analyse stage by stage from following a few respects:
1. The choice of accusation is applicable
Above all, "Cover a road to borrow " essential feature of crime is a criminal illegal embezzlement the injured party reachs his the lawful belongings of close relative, belong to invade money kind crime, conviction with crime of fraud commonly punishment.
Next, if the accused person is in " demand payment of a debt " when used beat up, imprison illegally wait for violent means, or with reaching its to the injured party close relative carries out violent photograph to browbeat, accord with rob a blame or of the behavior characteristic of blackmail blame, conviction with relevant accusation punishment. There is what imprison behavior illegally during, the clue is serious, maintain with imprisoning a blame illegally.
To " cover a road to borrow " criminality is formed at the same time imprison the blame, blackmail blame, circumstance that robs a variety of crime such as the blame crime of fraud, illegally, compasses of according to criminal law undertakes counting a blame surely and be punished or choose to punish heavier charge to conviction punishment (for instance, the comparison of bilk and blackmail, blackmail is felonious) .
If mention with concoctive fact civil suit, others of serious perhaps enroach on shuts obstructive judicatory sequence of right beneficial, maintain with false suit.
Those who need an attention is, " criminal law " one of the 307th the 3rd regulations, have the first action, detinue other belongings perhaps escapes legal liability, make other crime again, the regulation with according to heavier punishment convictions from heavy punishment. Here is false suit and photograph of crime of fraud are compared commonly, conviction with crime of fraud from heavy punishment. If there is what jobbery of judicatory staff member participates in crime inside this, from heavy punishment.
In addition, to " cover a road to borrow " company or the staff member in the gang, man, if subjective on knowing perfectly well member of boss, partner, core is to be in carry out " cover a road to borrow " , maintain for collective crime; If attend really one, two, subjective going up to be not known perfectly well is " cover a road to borrow " , think even if help a boss denounce usurious, make provoke affray crime, maintain lawfully.
2. Maintain about what principal and subordinate makes
(1) the cognizance of guilty group
Right " cover a road to borrow " collective crime, truly evidence proves composition of 3 people above is relatively close organize with fixed crime, plot beforehand, designedly is carried out " cover a road to borrow " crime, had formed guilty group, ought to maintain for guilty group. For instance, the business affairs of of person above Hai Heng such as some seeks advice from the Chen Mou that J district court adjudicates limited company makes principal part as carry, carry out a road to borrow crime, hold guilty group lawfully.
The law case of F area procuratorate, wang Mou the 16 people such as some blackmail case, be one is organized and run relatively inattentive gang, commit the crime jointly each other already between each member, also commit the crime severally respectively, cover a road to borrow among usurious, divide the spoils is not divided with certain framework, basically be participates in whose divide the spoils, did not hold guilty group finally.
(2) principal and subordinate makes maintain
To the first member of guilty group, with all crime punishment that makes according to group place. To the prime culprit of guilty group, perhaps ought to organize according to what what its participate in, all crime punishs commanding.
To the man that whole journey participates in, all crime that participate in with its are maintained accessary criminal.
To the man that individual fact, specific link participates in, if be of a main effect,execute make, the crime that participates in with its is maintained for prime culprit, if have help, less important effect, the crime that participates in with its is maintained for accessary criminal.
3. About the cognizance of guilty amount
(1) in judicatory practice, the property that loses with the injured party commonly is maintained. The Qu such-and-such case that handles like B area procuratorate, partial viewpoint maintains 952 thousand yuan when with Qu Mou some has to maintain, final it is with the injured party a lost house is maintained, 1.94 million yuan.
(2) in " cover a road to borrow " on the cognizance of guilty amount, hold " cover a road to borrow " the crime of behavior is substaintial, its and folk leasehold distinction leaves come, give to its from whole negatory evaluation.
The accused person is in leasehold process with " penalty due to breach of contract " " bail " " intermediary is expended " " the service is expended " the charge that waits for all sorts of name collection, all bring into guilty amount to give maintain.
Outside the capital that gets actually besides borrower, the accrual of bilateral agreement does not get legal protection, ought to plan join guilty number, ought not to deduct from inside guilty amount.
4. About the cognizance of accomplished offense, abortive
(1) the amount that the injured party loses maintains accomplished offense, did not lose be cheated only of receipt for a loan, cognizance abortive.
(2) the belongings before appealing to to be being applied for conserves, close down, sequestered, frozen, short of is delimited turn, cognizance abortive.
In addition, to forensic first instance the court decision loses a lawsuit but had not carried out, how to maintain already abortive and execute an order to been enter, had not carried out, how to maintain already abortive, have not form unified opinion at present, remain to be in next fumble ceaselessly in judicatory practice summary.
(2) " cover a road to borrow " the investigation point of the case
All investigation jobs want around " cover a region " will undertake. Leasehold person comes leasehold, empty tall receipt for a loan, the bank takes running water, come to see a room or other hire a room to assure, security assures, sign assure contract, put intentionally a few paragraph or not loan, make break a promise intentionally, the requirement is offerred again assure lend money or make the same score forcibly, all obtaining evidence the job also wants around this " cover a region " spread out.
1. Objective proof, list as follows:
(1) the evidence that lends the guilty group that is course of study or guilty gang in order to pursue a path. Include: The company is industrial and commercial of situation of the data that register, shareholder, calling card, company ransack the distrain that reachs agreement of receipt for a loan, loan, building to rent the book card such as the contract.
(2) empty tall receipt for a loan.
(3) the bank blocks detail, take especially show and turn the circumstance of Zhang
(4) assure contract.
(5) the receipt for a loan of smooth Zhang, assure the book card such as the contract.
(6) the data of civil suit, should go commonly tone takes forensic muniment room
(7) the evidence that the building is signed by the net.
(8) the evidence that force demands repayment, the paint that be like gush, the condition of an injury that signs up for person of case, be murdered to go up to police station, relevant tool that is used at force to demand repayment.
(9) the evidence that imprisons illegally is registered like guesthouse, the monitoring kinescope of guesthouse.
(10) show to what the injured party says to be taken on bar or give a suspect to cash directly, the monitoring kinescope of bar.
(11) the suspect is waited a moment with the financing source at buying a house.
(12) the mobile phone communicates record, small letter chatting record. Mobile phone machine advocate full name and the relation with the suspect also want tone to take. The Qu such-and-such case that handles like B area, the mobile phone communicates record and the time height be identical that the injured party of money pass in and out blocks.
2. Subjective evidence, list as follows:
(1) each crime suspect holds water to gang of guilty group, crime, member, investment becomes a shareholder, cent is become, the verbal evidence such as salary.
(2) the division of labor of personnel of interior of gang of guilty group, crime
(3) the man is borrowed to covering a region " subjective know perfectly well " the evidence of the respect
(4) hind smooth Zhang to before smooth Zhang is to cover a road to borrow " subjective know perfectly well " the evidence of the respect, vice versa.
(5) between many the injured party about what be cheated " cover a region likewise " confirm.
(6) the injured party is right of the suspect identify, want as far as possible detailed, for instance: Take me to go to agricultural bank Wu Song subbranch of a bank turns the Zhang San of Zhang. Include the description of the respect such as form of native place, accent, body.
(7) should be key link with allegation of the injured party, each suspect is content for narrating, undertake comparing is opposite, secure the testimony of respect of specific crime fact.
(8) about those who want the one's words proof such as coerce is bilk, minatory, fixed.
3. investigates strategy
(1) the allegation of the injured party must be done in detail, especially with afore-mentioned relevant detail evidence that execute behavior, to a few violate what often manage to want to ask a reason carefully. For instance: Tall to empty receipt for a loan, turn over the smooth Zhang of times to have demur, want to have logical explanation.
(2) strive for a man to wait as far as possible accessary criminal the accusation to prime culprit.
(3) the man appears personally mention of civil suit, should make a thorough investigation of its economic atmosphere, the money that is him lend or side boss appear personally.
Whether does 4. involve guilty evidence to want to notice tone is taken to bank clerk, lawyer, greffier, although did not involve crime, also can walk along the running water, notarization, a few evidence that in offerring law to serve a process, feel disagreement often manages to undertake fixed with respect to the bank.
Epilogue
Annotate
[1] Chen Xingliang makes up: Criminal law considers choice each commentate, beijing: People court press, in September 2015 edition the 570th page. [2] Zhang Ping: "The problem studies related provoke affray blame " , paper of Shenzhen university Master 2017 the 6th page.
Unit: Procuratorate of people of division of Shanghai treasure mountain
Network of different advantageous position alarm
We are public security bureau of county of different advantageous position net alarm go on a tour of inspection executes the law Zhang date, if you discover a net to go up harmful information or illegal crime clew, inform against to us through platform illicit letter please, the Internet of vast, wish we hand in hand, achieve network cool and bright in all.
Attention is best hand in hand
Transmit is the largest support
