Source: Justice Network
Justice Network Shanghai, July 11 (Reporter Lin Zhongming, correspondent Liu Xiaoxi) When handling an insurance fraud crime, the Shanghai Baoshan District Procuratorate specifically disclosed evidence that constituted the crime of insurance fraud, prompting the criminal suspect Yong X to voluntarily admit guilt and accept punishment, and at the same time dynamically reviewed the necessity of detention according to the attitude of admitting guilt, and suggested changing compulsory measures. A few days ago, the court adopted the sentencing recommendation of the Baoshan District Procuratorate, applied the leniency of admitting guilt and accepting punishment, and sentenced Yong X to one year and six months imprisonment, suspended for two years, and fined 20,000 yuan for insurance fraud. The judgment has entered into force.
From the end of 2017 to 2019, Yong xxx, together with hun xxx, manager of a shanghai building materials co., LTD., and Su xx, an employee of the company, knew that there was no real employment relationship between Su xxx and the insured Shanghai logistics co., LTD., and still helped Su xxx to settle the work accident in the name of an employee of a shanghai logistics co., LTD., and defrauded a property insurance co., LTD. of more than 60,000 yuan in insurance premiums. Subsequently, Yong moumou was arrested by the public security organs and arrested.
In the investigation stage, according to the evidence collected by the police, considering that Yong XX did not confess the facts of the crime sincerely, and many of the people involved in the case did not arrive at the case, there were still criminal facts that needed further investigation, and chen Weidong, the procurator handling the case, decided to approve the arrest of Yong XX, and at the same time formulated and issued a supplementary investigation outline to guide the public security organs to continue to investigate and collect evidence, and further consolidate the evidence in this case.
When the case reached the stage of review and prosecution, the people involved in the case came to the case one after another, the facts of the case were basically clarified, the evidence was basically fixed, and other co-defendants had returned the losses of the insurance company and obtained the oral forgiveness of the insurance company, and the damaged social relations were repaired.
"Considering that Yong moumou always denied the crime during the investigation stage, we decided to make a new attempt at the review and prosecution stage." Zhang Xinxing, an assistant prosecutor who assisted Prosecutor Chen Weidong in handling the case, said. And what she's talking about is the discovery system. They targeted Yong to prove that he constituted the crime of insurance fraud. After seeing the evidence, Yong X's defense that he did not know that Su X was not an employee of the insurance company was loosened, at this time, Chen Weidong procurator took advantage of the victory to pursue, informed Yong X of the leniency policy of admitting guilt and accepting punishment, and patiently explained the law for him. However, Yong still had concerns about admitting guilt and accepting punishment, and Chen Weidong's procurator agreed to give him a certain period of consideration.
Soon after, procurator Chen Weidong received an application written by Yong XX to "confess to the facts of the crime and be willing to admit guilt and accept punishment", and he immediately re-interrogated Yong XX and contacted the duty lawyer to listen to yong xxx and the duty lawyer on issues such as conviction and sentencing, application of litigation procedures, etc.
After proposing a precise sentencing recommendation of one year and six months' imprisonment to Yong xxx, recommending the application of a suspended sentence, Yong xxx agreed with the procuratorate's sentencing recommendation and signed a plea affidavit in the presence of the duty lawyer. However, considering that Yong Moumou's confession this time was the first time he truthfully confessed after arriving at the case, procurator Chen Weidong decided to suspend the review of the necessity of detention.
During the trial stage, Yong's family helped him pay the fine in advance. At the trial, Yong confessed to the facts of the crime and expressed his attitude of admitting guilt and repentance. Considering the performance of the guilty plea from the stage of review and prosecution to the present, procurator Chen Weidong initiated a review of the necessity of detention in accordance with his authority on the day after the opening of the trial, and adopted a quantitative method to conduct a comprehensive assessment of the necessity of detention again, and determined that Yong's failure to detain would not cause social danger. Upon the suggestion of the procuratorial organs, the court changed the compulsory measures for Yong X in accordance with law.
Chen Weidong told reporters that Yong Moumou patiently explained the law and reasoned through methods such as evidence disclosure, interpretation of the plea leniency system, and giving due consideration period, prompting him to put down his mustard and change his attitude, which is an important way to implement the plea leniency system, so as to punish crimes in a timely manner and strengthen judicial protection of human rights. For the procurators of the arrest and prosecution departments who have the "natural advantage" of reviewing the necessity of detention after the revision of the "Rules of Criminal Procedure of the People's Procuratorate", they have the best understanding of the trend of the case and the changes in the attitude of detainees to admit guilt, and have carried out a review of the necessity of detention in a timely manner, effectively safeguarding the legitimate rights and interests of detainees.