Person Chen Hangqing cannot think of Fujian Province the Fuzhou City, oneself a bit " avaricious " the calamity of the bagnio that changes however. During serve a sentence, chen Liqing of every other half an year can hand over an appeal book, but be released after serving a sentence to also be done not have till him when appeal result. In September 2018, the Chen Hangqing after be released from prison is visited to letter of Fujian Province tall courtyard again room handed over appeal book, but do not have a result up to now.
Chen Hangqing thinks he is treated unjustly from beginning to end, the hope can review an appraisal of junior travel handwriting. Photography / the graceful when upriver journalist
The POS that rent is covered sentence 6 years because of larceny however now
Chen Hangqing of 49 years old is Fuzhou person, look a lot of ageder than wanting with age person, "I think from beginning to end is economic dispute only, how to become theft? " some do not understand Chen Hangqing.
Chen Hangqing introduces, may 2012, pass friend introduction, he what save deal of the city that make prosperous in Henan knew Wang Jiang (alias) . Later, the company that Wang Jiang offers to be in charge of with Chen Hangqing does business charter, open an account travel Zhang date and official seal, handle machine of a POS. To earn every 3 months 10 thousand multivariate advantage is expended, chen Hangqing agreed with Wang Jiang offer, handle good POS machine very quickly, hand in do by Wang Jiang set show the business to use. On June 9, 2012, 10 days, wang Jiang leases POS aircraft Wu Lei in city of Fujian Province peaceful heart (alias) after using, wu Lei cent second cover respectively mix 269920 yuan 125680 yuan now.
"I turned by accident on June 11, 2012 brushstroke 12500 yuan, thinking is the payment for goods that the client makes. Turn to be less than 3 minutes I discover, this money is the POS machine in king strong opponent is brushed come in. " Chen Hangqing says, he contacts Wang Jiang immediately, get in touch with Wu Lei of the person that brush card, the agreement meets to communicate this matter.
After will meeting on June 12 in those days, chen Hangqing discovers to there are many pieces to be not him credit card in Wu Lei hand, and the sheet that brush card signs to also be acting autograph. Because fear later period can be blocked advocate chase after duty, chen Hangqing asks Wu Lei gives commitment. On an affirmatory book with information of the sheet that brush card Wu Lei writes: Brush calorie of machine to brush card through Chen Hangqing company in all 395600 yuan, if the 3rd person asks for debt to Chen Hangqing, you Wulei is responsible.
"I still am not at ease, pay Wu Lei 25000 yuan first, the rest is calculated 2 minutes 371600 yuan with monthly interest of half an year, of short duration is used by me, receipt is written again after waiting for later period to pay. " Chen Hangqing says, after Wu Lei agrees, still issued a piece of 25000 yuan receipt to him.
Had done not have two days, wu Lei is about to beg Chen Hangqing instantly paid the rest 370 thousand multivariate, but Chen Hangqing did not arrive with loan time limit refused. Because fear money is taken away, wu Lei carries the person such as Wang Jiang, report the loss of sth POS machine binds decided bank card.
"After a few days, I receive the telephone call of police of Fujian peaceful heart, inform me to be suspected of stealing. I did not have been to Ning De, how can you commit a crime in Ning De? " after Chen Hangqing is brought to justice, be informed, it is the case that Wu Lei signs up for, denied their leasehold relationship.
According to court of people of the city zone of broadleaf plant of city of Fujian Province peaceful heart, Fujian Province two careful judgment shows court of people of Ning De city, show according to witness testimony and investigation evidence, chen Hangqing is in after holding back Wu Lei to cover showing partial amount, because Wu Lei denies Chen Hangqing the fact to its loan, and the behavior such as personal seal of delegate of official seal of use holiday of Chen Hangqing existence, false legal person, the court thinks Chen Hangqing is subjective go up to be had to experience case property what take up illegally is intended, go up objectively use turn Zhang kind takes other property steel, its behavior characteristic accords with larceny make important document, the opinion that creditor's rights debt belongs to between its and Wu Lei cannot get relevant evidence confirm, accordingly its do not grant to adopt apologetically.
Final, because Chen Hangqing makes theft, be sentenced its set term of imprisonment 6 years, punish gold 100 thousand yuan.
The affirmatory book that issues because of having Wu Lei and receipt, chen Hangqing thinks to economic dispute is only between them, be not criminal case. Photography / the graceful when upriver journalist
Claim him affidavit " the holiday that be built " , want to see dossier meet with refus
Upriver journalist sees in afore-mentioned judgment, serve as the witness' Wang Jiang to be stated to the court, in May 2012, after he buys POS machine to Chen Hangqing with 15000 yuan price, chen Hangqing gives aegis of his net silver-colored U (operator) personal seal of the company official seal with the holiday, financial official seal, legal representative. He just discovers after the event, the aegis of another nets silver-colored U that Chen Hangqing held back this POS machine (accredit member) . After the money that is informed Wu Lei did not want to come back, wang Jiang passes bank report the loss of sth bind decided bank to get stuck, and the thing that Chen Hangqing never has mentioned Xiang Wulei loan to its. In the meantime, many witness also is mentioned, chen Hangqing gives what Wang Jiang uses is false official seal.
"I gave only aegis of silver-colored U of a his POS machine, net (operator) , personal seal of other false official seal, financial official seal, legal representative, it is the thing of fictitiousing zero. " in adjudicating to first instance, oneself mention partly apologetically for remark " the operator U aegis that brushs calorie of machine to Wang Jiang POS only to superintend and false official seal, legal person represents personal seal, aegis of U of the member that oneself left accredit and true official seal, legal person represents an order " part,
Chen Hangqing expresses, oneself never had said, above affidavit notes and existence of character of testimony testimony of a witness makes false conduct.
For this, after Chen Hangqing is released from prison, find quadrangle of peaceful heart city to ask to examine his affidavit for many times, but all be rejected. "Peaceful heart quadrangle says I myself cannot see my affidavit note, non-privileged look. Non-privileged look..
To the view of peaceful heart quadrangle, chen Hangqing expresses, he consults be informed after relevant law laws and regulations, top people court has a regulation, party can consult criminal case archives.
Upriver journalist notices, on September 15, 2005 " general office of top people court consults about case party and its agent the reply of litigant record concerned issue " show, party can consult of criminal case, administration case and national compensation case coiling.
Read the statement that coil to confirm peaceful heart quadrangle rejects his, before the face of upriver journalist, chen Hangqing phone contacted staff of department of be careful in one's conduct of record of quadrangle of peaceful heart city. The other side expresses, the court has a regulation, allow acting lawyer to examine file only, stem from confidential principle, party is non-privileged consult of dossier, include oneself affidavit. Put forward top people court to have formulary view to Chen Hangqing, the other side did not make a response.
The lawyer says relevant dossier is missing already
Coil because of be being rejected to read by peaceful heart quadrangle for many times, chen Hangqing thinks of his the photocopy that there is file in hand of mighty force of soup of solicitor of office of attorney of sagacious of letter of counsel for the defence, Fujian, can have handwriting identification to his buccal collection with differentiate true bogus. But the recording of a paragraph of phone that Chen Hangqing offers shows, soup mighty force says attorney office already closed, the dossier material that involves Chen Hangqing in those days is missing already. Soup mighty force expresses, law did not put forward party to cannot be read roll, he asks Chen Hangqing is read to the court again roll.
On April 1, upriver journalist contacts lawyer of soup mighty force. He denies his to had said dossier backup is missing already, subsequently ring off, later all the time refus picks up the telephone.
Upriver journalist understands from many attorney office, if lose records data to involve party privacy or major business secret to wait, bring about party rights and interests to be damaged from this or cause serious consequence, the lawyer may assume civil liability to pay compensation, get bar association chasten even judicatory service punishment.
Appeal 5 years not if really, the court says law case is too much
The affidavit that suspects oneself not only notes be to make a holiday, the receipt that issues because of there is Wu Lei in the hand, chen Hangqing thinks from beginning to end, leasehold relation is between he and Wu Lei, be not experience suspect blame. And Wang Jiang violates machine of compasses use POS prevenient, oneself have the right that handles finance affairs of items of an account as company actual controller, do not involve the action of detinue and theft.
Because be certain oneself are innocent, every half an year meets Chen Hangqing during serve a sentence mail an appeal book, but till 2018 serve a sentence expires, still did not get a response. In September 2018, the old travel that serve a sentence ends is clear, handed over appeal book to Fujian Province tall courtyard again. "Quadrangle of peaceful later heart replies I say, they got my appeal 2014. " Chen Hangqing says.
To receiving Chen Hangqing appeal book does not have the circumstance of the reply 5 years, why does front courtyard of inspect of careful of peaceful heart quadrangle surname chief to express when reply Chen Hangqing, because law case is too much, still do not have processing, can help urge. But look in Chen Hangqing, this is forensic evadable only.
Upriver journalist carries a variety of kind, contact peaceful heart quadrangle to be about to know this matter for many times, but up to distribute news dispatches, still did not get a response.
Lawyer: If the court receives appeal book 5 years not to reply,be suspected of breaking the law
Whether does Chen Hangqing have the right to examine this person affidavit? Office of attorney of Beijing Beijing division piece New Year lawyer says, in judicatory practice, stem from to handling a case the protection of personnel and prevent the many sided such as act in collusion to make each other's confessions identical of withdraw a confession of person of guilty suspect, the accused to think,
Investigation mechanism, procuratorate or court, often can follow file of a kind of so called criminal confidential principle
-- allow counsel for the defence or other paraclete to consult conditionally only, duplicate, because handle a case,divide outside needing to reveal partial case material to check details of a case to the accused person, all prohibit commonly the accused person consults. Accordingly, counsel for the defence dare not show file to party easily commonly.
But piece New Year lawyer thinks, "All through the ages of this kind of practice is put in controversy. Above all, the accused person is natural and legally ego plead counterpoises, if cannot ensure the know the inside story that counterproposal coils to counterpoise, the accused person realizes effective ego very hard to defend. Besides, criminal case itself weighs evidence with respect to the requirement, remove reasonable suspicion, all evidence must be shown in front courtyard careful, if prohibit blindly,the accused person is read read records material, not only counsel for the defence checks details of a case to the accused person hard, affect apologetic effectiveness, also can increase burden of follow-up front courtyard careful, reduce adjudgement efficiency. Next, " criminal procedural law " reach " lawyer law " , all did not prohibit committing a crime suspect or exercise of the accused person read a right relevantly. Again, the judiciary regards public right force as mechanism, in " criminal procedural law " wait for public law all not regulation of proclaimed in writing prohibits below the case that the accused person reviews an advantageous position, ying Bingchi law does not have accredit namely force of illicit public right runs basic principle, must not be restricted or covert those who confine the accused person read a right. Must not be restricted or covert those who confine the accused person read a right..
Think in the light of Chen Hangqing this case should be civil case and distrustful affidavit creates the problem such as the holiday, piece New Year lawyer thinks, if above circumstance is belonged to solid, this belongs to a court to ought to weigh one of reason of careful. If the accused person can provide corresponding evidence,give evidence, can apply for counterappeal to the procuratorate or apply for rehear to the court directly, in order to safeguard oneself legitimate rights and interests.
The " court that mirrors to Chen Hangqing receives appeal book 5 years to do not have reply " be related, piece New Year lawyer expresses, according to " criminal procedural law " regulation, party reachs his legal agent, close relative, to producing the court decision of legal effectiveness, have right to court or procuratorate to lodge a complaint, after the court receives appeal data, ought to undertake put on record is examined above all, ought to make a decision inside 3 months, at the latest must not exceed 6 months. If discover existence " main fact basis is changed lawfully or cancel, cognizance accusation mistake " wait for case, ought to decide to try afresh. If not agree with,decide case legally, ought to persuade appeal person to recall appeal. To still holding to appeal, ought to written announcement is rejected. If the court gets appeal book 5 years,belong to without the reply solid, be suspected of breaking the law apparently. (Shi Tingting)
