"We promptly launched our own supplementary investigation, visited the scene of the incident and the surrounding masses, and finally discovered the suspicious points, ascertained the facts, and safeguarded the dignity of the law and judicial fairness." On November 18, at the "small class" activity of the Gulou District Procuratorate in Nanjing, Jiangsu Province, Yang Yuan, director of the Third Procuratorial Department of the Procuratorate, introduced her own cases of dangerous driving and obstruction of testimony by Yin Qiang, as well as the case of Pan Jun and Zong Tao forging evidence, reproducing the tortuous process of the procuratorial organs accurately performing their duties and exposing false meritorious service.
Prosecutors visited the scene of the incident to learn about the situation from the surrounding anglers
Driving drunk, he rescued the drowning man
On September 10, 2020, the Gulou District Procuratorate received a dangerous driving case transferred by the public security organs for review and prosecution. The case file shows that the criminal suspect Yin Qiang fell on the road driving an ordinary two-wheeled motorcycle after drinking, and the masses found out that the police called the police, and after testing, the alcohol content in his blood was 255.6mg/100ml. After Yin Qiang was arrested, he truthfully confessed the facts of his crime and was taken by the public security organs to release on guarantee pending further investigation. On September 17, Yin Qiang signed a plea affidavit in the presence of a duty lawyer. On September 24, the Gulou District Procuratorate indicted Yin Qiang on suspicion of dangerous driving in accordance with the law.
This was originally a simple case, the facts were clear, the evidence was conclusive, the suspect voluntarily admitted guilt and accepted punishment, and the verdict could be pronounced only after the trial began. Who knows, on September 29 of the same year, Yin Qiang's defense lawyer applied to the court for an extension of the trial, on the grounds that "on September 26, Yin Qiang rescued the people in a park in Nanjing, and if it is verified, it may affect the conviction and sentencing." At the same time, the defense lawyer also submitted a handwritten thank-you letter and a photo of the pennant sent to the rescued Zong Tao.
After Yang Yuan, the procurator who undertook the case, learned of this situation, she immediately retrieved relevant materials. After reading the thank-you letter, Yang Yuan felt that something was wrong: usually, the thank-you letter is mainly thanks, but the content of this thank-you letter is basically a statement of facts, describing the whole process of saving people. Subsequently, Yang Yuan contacted the public security organs and asked to investigate the authenticity of the matter as soon as possible.
Half a month later, the public security organs issued a statement of the investigation: On September 26, 2020, Yin Qiang rescued Zong Tao, a person who fell into the water, and there were testimonies from people who fell into the water, the police, and sanitation workers, and another police receipt could support it, and the public security organs checked the call records of Yin Qiang and Zong Tao within a month before the incident, and found that there were no call records between the two sides. The public security organs transferred the above-mentioned explanation of the situation, together with relevant evidentiary materials, to the Gulou District Procuratorate.
In the face of a complete set of proof materials, Yang Yuan still has some doubts in her heart: whether it is the testimony of the person who fell into the water or the testimony of the policeman, it is too perfect, and each link is very well connected, especially after zongtao, the rescued person, after thanking him in person, he also made a pennant and wrote a thank-you letter at the first time, and immediately went to the police station where the incident occurred to look for the rescuer, everything seemed to be arranged in advance.
Supplementing the investigation, the prosecutor found many suspicious points
In order to find out the truth of the matter, Yang Yuan decided to supplement the investigation on her own. On October 26, 2020, Yang Yuan and her assistant procurator rushed to the scene of the incident. After a careful inspection of the scene, Yang Yuan had more doubts in her heart.
The file material shows that Zong Tao said that he accidentally slipped into the water while fishing, but the place of the incident was a prohibited fishing area; the fishing location recorded in the file was just opposite the park duty booth, if someone fished here, it was easy to be found by the security guard on duty, according to common sense, no one generally chose to fish here, which was also confirmed by the testimony of the surrounding anglers. The sinking point is full of wet soil and large uneven stones, making it difficult to stand, let alone fish here. At this time, Yang Yuan had a preliminary judgment in her heart: there may be other hidden feelings behind saving people.
In order to further confirm her judgment, Yang Yuan went to the relevant departments to retrieve the surrounding surveillance video, but found that the place where the water fell happened to be in the blind area of park monitoring. After asking the cleaning staff on the day of the incident, he said that he only saw someone saving people at that time, but the strange thing was that the rescued person's body did not seem to be soaked.
Based on the above doubts, Yang Yuan speculated that this may be a fake meritorious act written and directed by herself in order to reduce criminal punishment, which needs further investigation. At the same time, she still has a doubt in her mind: in such cases, the person who fell into the water and the rescuer often contacted many times in advance to discuss the relevant details, but according to the previous investigation by the public security organs, there was no call record between Yin Qiang and Zong Tao in the month before the incident.
For this situation, Yang Yuan speculated that it is very likely that there is a third person who threads the needle in it and helps direct this farce.
The truth came out, and the procuratorate added additional prosecutions
After that, Yang Yuan contacted the public security organs and put forward her own views and investigation ideas. Focusing on the opinions and suggestions of the procuratorial organs, the public security organs focused on comparing the communication situation between Yin Qiang and Zong Tao to find possible problems.
On November 20, 2020, the Indian Qiang dangerous driving case was heard. During the trial, although Yin Qiang admitted guilt and accepted punishment in court, he still stated that he bravely saved the drowning person, and his defense lawyer proposed in court that saving the person should be regarded as a major meritorious service, and requested the court to exempt Yin Qiang from criminal punishment. Regarding the sentencing circumstances of meritorious service, the prosecutor said that he would issue a public prosecution opinion after confirming the authenticity of the evidentiary materials. The Court adjourned the session to request further verification after the hearing before another hearing.
Subsequently, the procurator handling the case, together with the public security cadres and policemen, accelerated the progress of the investigation. With the joint efforts of the procuratorial organs and the public security organs, the truth of this rescue incident was finally revealed. It turned out that in order to get lenient treatment, Yin Qiang conspired with his friend Pan Jun, and then Pan Jun found Zong Tao to conspire to jointly create a false rescue incident. On September 26, 2020, Zong Tao came to the agreed place and pretended to fall into the water, and Yin Qiang "just happened" to pass by and rescue the person to the shore. At the same time, Zong Tao arranged for someone to immediately call the police to leave a record, and then Yin Qiang arranged for his girlfriend to transfer the fee to Pan Jun, who then transferred it to the relevant personnel. The next day, zongtao went to the police station where the incident occurred to look for the rescuers according to Pan Jun's arrangement, and sent pennants and thank-you letters to leave verifiable information. In addition, in order to cover up the fact that Pan Jun contacted Yin Qiang and Zong Tao at the same time around the time period of falling into the water, Yin Qiang also provided a tampered fake mobile phone call record.
On December 2, 2020, after filing and investigating the case, the public security organs successively arrested Yin Qiang, Pan Jun, and Zong Tao. Subsequently, he approved the arrest of Yin Qiang on suspicion of obstructing testimony, Pan Jun on suspicion of aiding in the fabrication of evidence, and Zong Tao on suspicion of aiding the fabrication of evidence but did not approve the arrest without the need for arrest.
On April 2 this year, the Gulou District Procuratorate additionally indicted Yin Qiang for obstructing testimony, and prosecuted Pan Jun and Zong Tao to the court for helping to apply the plea procedure for the crime of forging evidence.
Not long ago, the court adopted all the procuratorial organs' charges and sentencing recommendations, and sentenced Yin Qiang to seven months' imprisonment and a fine of 6,000 yuan for the crime of dangerous driving and obstructing testimony. Pan Jun was sentenced to six months in prison and Zong Tao to five months' detention and eight months' probation for the crime of aiding forgery of evidence.
(All pseudonyms in the text)
Source: Procuratorial Daily Justice Network
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