From 2 people involved in 1 crime to 4 people involved in 5 crimes Mind map "encircled" the evil forces gang _ Justice Network

Source: Procuratorial Daily, Justice Network

From ordinary criminal cases to cases of evil forces criminal groups, from the initial 2 people involved in 1 crime to the final 4 people involved in 5 crimes, the Luyang District Procuratorate of Hefei City, Anhui Province, started with an ordinary criminal case, intervened in the whole process, and guided the investigation organs to dig deep and thoroughly investigate a criminal group of evil forces. On September 30, 2020, in the case of the defendant Liu X and four other evil forces criminal group initiated by the court, the court ruled in the first instance that Liu X was guilty of extortion, picking quarrels and provoking trouble, illegal detention, and obstruction of testimony, and sentenced him to 17 years' imprisonment and a fine of 500,000 yuan; The remaining three defendants were sentenced to prison terms ranging from four to ten months for the crimes of intentional injury, picking quarrels and provoking trouble, and illegal detention for 3 to 1 crimes. Liu and others appealed against the first-instance judgment. Recently, the Hefei Intermediate People's Court made a final ruling, rejecting the appeal and upholding the original judgment.

The crimes behind the case of picking quarrels and provoking troubles are more and more investigated

On August 23, 2019, the Luyang District Procuratorate of Hefei City accepted a case of picking quarrels and provoking trouble that the public security organs submitted for approval of arrest. The case file shows that between 2011 and 2014, the criminal suspects Wang Mouye and Wang Mouyi went to the office building built by a passenger transport company in Hefei city many times, and adopted a variety of soft and hard violence methods such as insults, smashing, intimidation, and pushing the wall with an excavator, and unreasonably demanded that the multiple companies that leased the office building either move away or hand over the rent to them in the form of cash, resulting in the normal operation of many companies. These companies were overwhelmed by the nuisance and moved away.

He Xiaogang, the leader of the case handling team and procurator, recalled, "After Wang Mouye and Wang Mouyi were brought to justice, they were basically 'zero confessions'. At the same time, due to the relatively long time of the crime, there are more objective evidence such as smashing the scene and the injury of the beaten person, and only a small number of criminal facts can meet the conditions for proof. ”

The time limit for reviewing and approving arrest is only 7 days, and whether to arrest or not to arrest has become the primary problem facing the case-handling team. After discussion by the case-handling team, it was decided to guide the public security organs to carry out supplementary investigations, using the clues reported by the masses as a breakthrough point, verifying the content of the reports one by one, investigating and collecting evidence, and comprehensively reinforcing the evidence.

With the in-depth advancement of the investigation and evidence collection work, new evidence materials have been successively summarized into the hands of the case-handling team, and the facts of Wang Mouye and Wang Mouyi's suspected of picking quarrels and provoking troubles have gradually become clear. On August 30, 2019, the Luyang District Procuratorate approved the arrest of Wang Mouye and Wang Mouyi.

"There are many more clues to the crime." He Xiaogang introduced that after making the decision to approve the arrest, the case-handling team did not let go of it. A number of reporting materials in the file show that the above two people may also be suspected of illegal detention, intentional injury and other crimes. This can be corroborated by the relevant evidence obtained after we questioned whistleblowers and witnesses and conducted on-the-spot investigation visits. In order to thoroughly investigate the facts of the case, the Luyang District Procuratorate issued an opinion to the investigation organ on continuing to collect evidence, and detailed the direction and main points of the investigation to guide the investigation.

A strange top bag case

After investigation, the criminal facts of Wang Mouye and Wang Mouyi suspected of illegal detention were verified, and the criminal suspect Yang Mou was also dug up. On November 29, 2019, the public security organs transferred the case to the Luyang District Procuratorate for review and prosecution on the grounds that criminal suspects Wang Mouye and Wang Mouyi were suspected of picking quarrels and provoking troubles and illegal detention, and Yang was suspected of illegal detention.

"I fought for them and went to jail, and one person put all the guilt down, but they were so uninteresting, and I regret it now." While reviewing the file, a confession by Yang caught The Attention of He Xiaogang. He Xiaogang immediately reviewed Yang's previous conviction verdict attached to the volume. The judgment shows that on September 12, 2013, Wang Mouye, Wang Mouyi and Yang Mou, including three people, quarreled with the victim Gao Mou in order to claim debts, and then Yang beat Gao mou to a slight injury. Yang was also sentenced to one year in prison by the court for this.

In order to further clarify the facts of the crime, the procuratorial case-handling team contacted the police handling the case at the time, collected the detailed file materials of the intentional injury case, and further interrogated Yang. The file shows that Yang claimed in the first confession of the case that Wang Mouye commanded the scene and Wang Mouyi controlled the victim, and he injured the victim. This is highly consistent with the description of the victim Gao. Yang also confessed, he later retracted the confession, and one person endured the crime.

"Wang Mouye and Wang Mouyi are likely to be suspected of intentional injury." The Luyang District Procuratorate immediately returned the case to the investigating organs for supplementary investigation, and set it out in detail in the outline of the supplementary investigation, requiring the search for victims and relevant witnesses, the identification of the victims, and the identification of the scene. After investigation, relevant evidence confirmed that Wang Mouye and Wang Mouyi participated in the facts of the crime. However, the procurator handling the case still did not stop digging deeper.

Several rejections were made, and the number of dossiers increased from 2 to 22

Wang Mouye, Wang Mouyi and others are just employees of a private lending company, what is their motivation for committing different types of crimes continuously? This crucial issue is a hurdle that cannot be avoided in front of the case-handling team.

The procurator made a mind map to list the facts of each crime, the purpose to be achieved, and the content of the victim's accusation, and almost all the facts were finally intensively pointed to the actual controller of the private lending company, Liu Mou.

Wang Mouye and Wang Mouyi have repeatedly led people to smash and seize the office building built by a passenger transport company because the company's legal representative Li mou had borrowed money from Liu. Because Li failed to repay on time, Liu instructed the two to seize the office building by means of soft and hard violence.

The crime of unlawful detention also occurs because of money. In the second half of 2009, the victim, Xu X, borrowed 40,000 yuan from the guarantee company opened by Liu X and returned it in cash at the end of that year, but did not get back the IOU in time. In February 2011, Liu instructed Wang Mouye, Wang Mouyi, Yang Mou and three other people to take an IOU and ask Xu for "arrears" again, during which he illegally detained Xu, accompanied by abuse, beatings and other circumstances.

In addition, there are a number of reporting clues collected from the public, employee testimony of employees who have worked in Liu's company and other materials, showing that Liu may also be suspected of extortion, obstruction of testimony and other crimes. Accordingly, in the subsequent guided investigation, the Luyang District Procuratorate informed the public security organs of the relevant situation and promptly followed up and supervised. The public security organs attach great importance to it and file a case for investigation. On December 27, 2019, due to the slight weakness of the evidence of other criminal facts, the Luyang District Procuratorate approved the arrest of Liu Mou on suspicion of picking quarrels and provoking troubles in accordance with the law, and continued to guide the investigation organs to dig deep and investigate thoroughly.

"When asking whistleblowers for verification, some whistleblowers were afraid to provide relevant evidence and testify for fear of retaliation." Zhang Zhuo, deputy chief procurator of the Luyang District Procuratorate, said that the emergence of such a situation has only increased the inner conviction of the case-handling team to dig deep and thoroughly investigate. After repeatedly publicizing relevant laws and policies, a number of whistleblowers have bravely stood up to testify, and the handling of the case has quickly made a major breakthrough.

In the end, Liu and others extorted more than 3.12 million yuan from Wu and other victims through false litigation and obstruction of testimony. The Luyang District Procuratorate reviewed the two cases together, and by the time the case was initiated, the case file had increased from the initial 2 to 22, and the case review report was as long as 140 pages.

After discussion, the Inspection Committee of the Luyang District Procuratorate believed that since 2011, Liu had gathered Wang Mouye, Wang Mouyi, Yang Mou and others to make usurious loans, and used soft and hard violence such as nuisance, beating, and detention to collect debts, obtain illegal economic benefits, and carried out many crimes such as picking quarrels and provoking troubles, illegal detention, and intentional injury; At the same time, Liu, as a direct perpetrator, carried out crimes such as extortion and obstruction of testimony through violence, soft violence threats or false lawsuits. The behavior of Liu and others seriously disrupts the order of economic and social life, causing a relatively bad social impact, which conforms to the characteristics of a criminal group of evil forces and should be identified as a criminal group of evil forces.

On June 9, 2020, the Luyang District Procuratorate indicted the case, and on August 27, 2020, it added a lawsuit against the relevant missing criminal facts.