A non-prosecution decision saved six families

In a case of illegally absorbing deposits from the public, the procurator strictly examined and actively compensated the villagers for losses, while at the same time explaining the law and reasoning to both parties involved in the case-

Zhi Ruotong Wang Haozhen

"Thank you to the procuratorate for always helping us find ways to do work for the masses, giving us a chance to reform ourselves, saving 6 of us and 6 families, and we will definitely be law-abiding citizens in the future, and we will never do it again!" Recently, 6 people, including Han X, the person who was not prosecuted by the Quyang County People's Procuratorate, came to the procuratorate to express their gratitude to the procuratorate for handling the case in a humane manner according to law.

Recovering the stolen goods and saving the hearts of the people

It all started a few years ago. In 2014, Mr. Han set up a cooperative in his own home in a village in Dongwang Township without registration to illegally absorb public deposits. In 2016, Mr. Han invited Mr. He, Mr. Zhao, Mr. Han, Mr. Han, Mr. Han, and Mr. Han B to continue to absorb deposits from the public and could not operate until 2018. After appraisal, since 2014, Han and others have absorbed more than 3.2 million yuan in deposits, involving 23 depositors, returning more than 3.1 million yuan in principal and interest, and the difference between absorption and return 113735 yuan. After the incident, Han X and others returned all the illegally absorbed deposits to the depositors, and reached a mediation understanding.

During the review, the procurator handling the case found that Han xxx, He xxx, and 6 others had reached a letter of understanding with all depositors, stating that the deposits had been repaid, but 6 of them had no receipts, testimonies and other relevant evidence to confirm. After the procurator found out, he immediately verified the situation with the 6 depositors, and after questioning, he learned that although 3 of them had reached a settlement with Han Moumou, they still had not paid off the deposits. On the one hand, the procurator in charge expressed to the three depositors the purpose of the procuratorate's work of judicial service for the people and the attitude and determination to recover stolen goods and save losses, which calmed the mood of the masses, and also publicized relevant legal knowledge and educated the masses to effectively enhance their awareness of the rule of law; On the other hand, work with criminal suspects and their families to explain the law and reason, detailing relevant provisions such as voluntarily returning stolen goods and admitting guilt and accepting punishment, and encouraging them to actively return stolen goods and sincerely repent of their crimes. With the guidance and help of the prosecutor, the final depositor's losses were recovered.

Public hearings solicit public opinion

On January 26, the Quyang County Procuratorate decided to hold a public hearing on the case of Han X, He X, and six other people suspected of illegally absorbing deposits from the public, and invited people's congress deputies, CPPCC members, people's supervisors, and duty lawyers to attend.

At the hearing, the procurator undertaking the case introduced the basic situation of the case and the facts determined by the review to the participants in detail, and fully expounded the reasons and legal basis for the case to be relatively non-prosecution. Subsequently, the hearing officers asked questions about the focus issues that needed to be heard in the case, issued independent comments, unanimously agreed with the procuratorial organs' handling opinions, and said that the public hearing allowed the people to participate in the handling of the case, satisfied the public's right to know, and made the public feel fairness and justice in a visible way.

Leniency and severity go hand in hand to promote harmony

The Quyang County Procuratorate, after deliberation by the Procuratorial Committee, decided not to prosecute the case. On January 28, the procurator rushed to the local village committee to make a public announcement to Han xxx, He xx, and six other people. At the announcement meeting, the procurator in charge read out the decision not to prosecute on the spot, expounded the reasons and legal basis for non-prosecution, and reprimanded and educated the 6 people who were not prosecuted. The non-prosecuted people, Han xxx, He xx, and other 6 people, made a profound reflection and repentance of their criminal acts on the spot, saying that they would always take this as a warning and resolutely no longer engage in illegal fund-raising and other criminal acts. On the same day, the procuratorate delivered a procuratorial opinion to the public security organs, suggesting that the public security organs make administrative punishment decisions against 6 people, including Han xxx, He xx, and so on.

The procurator and his party also invited village cadres and villagers' representatives to participate in the rule of law publicity of "rejecting the temptation of usurious interest and staying away from illegal fund-raising.". Through various methods such as hanging banners and distributing publicity brochures away from illegal fund-raising, combined with the in-depth interpretation of the law and reasoning in plain language in this case, the masses should be alerted to effectively enhance their awareness and ability to prevent risks. The masses who participated in the propaganda said that through this propaganda, they have further realized the serious harm of illegal fund-raising, and in the future, they will consciously lead their relatives and friends around them to resist illegal fund-raising and protect the safety of their own property.

The decision not to prosecute is not to not constitute a crime, but to explain the criminal justice policy of blending leniency with severity, to deeply interpret the law and reasoning, so that the perpetrators truly understand the seriousness of the violation of the law, so as to effectively maintain social stability and the safety of people's lives and property.

【Source: Hebei Legal Network】