The father is desperate to save his son, how to make up for the mistakes caused by this love?

Approaching the End of the Year and freezing cold, Lu Mou of Yuanyang County, Henan Province, recently received a call from Wang Linhai, procurator of the Xinxiang City Procuratorate, and his heart warmed up again.

Lu Mouben is a warehouse manager of an enterprise in Henan Province. From October to December 2020, Lu and Yang stole the iron pillar stored in the warehouse 18 times, causing more than 150,000 yuan in economic losses to the enterprise. In July 2021, the court sentenced defendants Lu X and Yang X to four years and six months in prison and four years and three months in prison for theft in the first instance. Yang was not satisfied and appealed on the grounds of innocence.

After reading the case file, Wang Linhai, procurator of the Xinxiang City Procuratorate, found that there was a problem with the characterization of the case, and there was a lack of on-site inspection records, and the stolen items had not been seized and extracted, so he asked the public security organs to supplement the investigation.

"I was a warehouse watcher, I didn't have the ability, the child waited for the money to save my life, I was confused and made a mistake." After the case was re-transferred for prosecution, Wang Linhai learned during the interrogation that as early as half a year before the incident, Lu's 12-year-old son was diagnosed with congenital cirrhosis, and Lu had no money to pay high medical expenses.

In order to make up for the losses of the victimized enterprises to the greatest extent possible, and in order to save Lu's family, Wang Linhai decided to mediate first. On the one hand, the children waiting for money to save their lives in front of the hospital bed, on the other hand, they need to refund the losses of the enterprise (Lu and Yang each compensate 75,000 yuan) and strive to obtain forgiveness from the enterprise.

In more than a month, Wang Linhai mediated several times, and finally, the two sides agreed that Lu would compensate 50,000 yuan in advance, and the remaining 25,000 yuan would be signed by him to pay off within one year.

On November 12, 2021, the second-instance trial of the case began, focusing on the key issue of Lu's identity, the court presented and cross-examined evidence, and finally the case was characterized as a crime of occupation of office. In the public prosecution opinion, Wang Linhai told Lu that the procuratorial organs had coordinated with the education department to reduce the children's accommodation fees at school, and informed Lu that he could apply for judicial assistance, and the procuratorial organs were also coordinating with the civil affairs department to carry out social assistance for him.

On November 23, 2021, the court changed its judgment in the second instance and sentenced Lu to one year and two months imprisonment with two years' probation for the crime of usurpation of office; Yang mou was sentenced to one year's imprisonment with a two-year suspended sentence. Soon after, Lu received 20,000 yuan in judicial aid.

Transferred from: Procuratorial Daily

Author: Liu Lixin Mao Pei

Source: Supreme People's Procuratorate