Tonight at half past nine
A gang involved in evil
By deliberately encouraging others to drink and drive, etc
Premeditated extortion of the victim
When the victim has an objection
Use of illegal means such as violence
Victims are compelled to pay reparations
……
"You're all drinking, I think we're going to be private, and you don't want to call the police to attract the traffic police, right?" Recently, the Kaifu District Procuratorate of Changsha City, Hunan Province, prosecuted a gang involved in extortion and extortion for drunk driving, and 29 people, including the defendant Yang, were sentenced to 10 years and six months to eight months in prison for committing the crimes of extortion and fraud, and were each fined.
Coincidence or accident?
The conspiracy behind the two "porcelain touches".
Mr. Chen, a citizen of Changsha, encountered two strange incidents in 2023. In the early morning of March 27, he and his girlfriend came out of a bar, and because they had drunk, their girlfriend drove home.
The two were driving when they were suddenly hit by other vehicles. The driver of the rear car greeted him violently, and when he saw that the driver was Mr. Chen's girlfriend, he was obviously stunned, and then said that Mr. Chen's girlfriend had improperly changed lanes and hit their vehicle, and demanded compensation. Mr. Chen contacted the insurance company on the spot for quick compensation and transferred 1,800 yuan to the other party, and the two parties reached a settlement on the spot.
Mr. Chan thought it was just an accident and didn't take it personally. Unexpectedly, in the early morning of April 13, 2023, the unlucky Mr. Chen encountered another traffic accident, and this time he needed to bear the consequences more serious. In the early morning of the same day, Mr. Chen was invited by his friend Tan to drink and eat supper at a barbecue restaurant, and after the meal, Mr. Chen wanted to find a substitute driver, but Tan said: "Just drank a little wine, you drive back to be fine." ”
Mr. Chen insisted on calling a substitute driver, and the substitute driver drove Mr. Chen's vehicle to the vicinity of Mr. Chen's residence and closed the order. Seeing the substitute driver leaving, Tan said to Mr. Chen: "It's almost home, you have no problem driving now." The driver of the car pointed out that Mr. Chen was drunk and driving, and proposed, "Don't call the traffic police, you can pay me 25,000 yuan privately." Mr. Chen said that he was unable to compensate, and Tan suggested that Mr. Chen mortgage the car in his name and use the mortgage money to compensate, and said, "You are drunk driving, let's not make a big deal about it." At Tan's "suggestion", Mr. Chen was forced to pay 24,800 yuan from the mortgage proceeds to the driver.
In just half a month, two traffic accidents occurred in a row, and although Mr. Chan was suspicious, he did not take it to heart. It wasn't until August 2023 that Mr. Chen received a call from the police and realized that the two incidents he encountered were committed by the same gang, and even his friend Tan was one of them. Mr. Chen's case is just the tip of the iceberg of dozens of cases committed by the gang.
Guided supplementary investigations
Dig out clues related to evil from ordinary criminal cases
In May 2023, 19 criminal suspects including Yang were arrested by the police due to the victim's report, and some of the suspects voluntarily surrendered and truthfully confessed their crimes. On July 20, the public security organs transferred the case to the Kaifu District Procuratorate for review and prosecution.
After review, the procurator in charge found that these criminal suspects all mentioned that Yang played a major role in organizing and gathering in the process of the gang carrying out the illegal and criminal activities of driving "porcelain", and was the ringleader of the criminal gang, but Yang refused to admit the circumstances involved.
The Prosecutor discusses the merits of the case.
The prosecutor analyzed and judged the confession of the criminal suspect, compared the testimony of witnesses, the information of the vehicles involved in the case, and the surveillance video, and found that the gang was suspected of being involved in evil circumstances, but lacked relevant evidence, so he gave full play to the role of pre-trial guidance, and guided the public security organs to pursue the three backbone members of the group, closely supplementing and collecting evidence around the characteristics of the malign force criminal group, and digging deep and thoroughly.
Soon, a case file recording more than 20 new criminal facts was placed in front of the prosecutor. As the prosecutor expected, when the gang carried out the illegal crime of "touching porcelain", it was involved in many violent and soft violence facts.
On November 4, 2021, when Peng and Tan committed the illegal crime of "touching porcelain" against the victim Ms. Zhao, Ms. Zhao contacted her friend Mr. Wu to rush to the scene to reason with Peng and others, and was beaten by Peng and Tan, both of whom were injured and rushed to the hospital for treatment, Peng and Tan demanded compensation from Ms. Zhao on the grounds that they incurred medical expenses and that their mobile phones were damaged by Mr. Wu during the fight, and Ms. Zhao was forced to pay 43,000 yuan for fear of continuing to be entangled.
On June 6, 2021, at the instigation of Yang, Li contacted his girlfriend who worked at the bar and Yang Moumou, asking for cooperation in finding the "porcelain target". After Yang and the victims Yi and Zhou drank, they deliberately instigated Yi to drive him home drunk, and Yi was "touched porcelain" by Yang and others in the same way during driving, and was abused by Yang and others, among which Li threatened the victim with a stick and demanded high compensation, and Yi and the others were forced to pay 16,000 yuan to Yang.
These criminal facts provide strong support for the procuratorial organs to accurately characterize the gang as a malign force criminal group.
Explain the law and reason
Twenty-eight defendants pleaded guilty and accepted punishment
After review in accordance with the law, it was ascertained that from March 2020 to May 2023, Yang repeatedly carried out illegal and criminal activities of driving against drunk drivers in various districts and counties of Changsha City. In order to successfully "touch porcelain" and achieve the goal of grabbing illegal economic benefits, he successively organized and gathered Tan, a person who had been released from prison, and Li, an idle person in society, to participate in it.
In order to increase the momentum, Tan, Li, and others successively gathered their fellow villagers, friends, and girlfriends to participate together, and gradually formed a malign forces crime group with Yang as the ringleader, Tan and other 6 people as backbone members, and Luo and other 12 people as relatively fixed and important members, and Guo and 10 other people jointly carried out illegal and criminal activities under the command and leadership of the members of the malign force crime group. The criminal group premeditated to blackmail the victim by squatting in a hotel to find random targets, arranging a drinking party, and deliberately instigating others to drink and drive, and when the victim objected, it used illegal means such as violent beatings, armed threats, calling for support to gather a crowd to build momentum, continuing to harass and entanglement, and verbally abusing the victim to force the victim to pay compensation.
The criminal group has been verified to have committed a total of 53 crimes, including 48 cases of extortion (including 2 criminal attempts) with a total amount of 642987 yuan, and 5 cases of fraud, with a total amount of 39,100 yuan, including many vicious cases of using violence and soft violence.
The procuratorate believes that the criminal group headed by Yang has been doing evil for a long time, oppressing the masses, disrupting the order of public transportation, and infringing on the safety of the people's property, causing a relatively bad social impact. Yang, Tan, Li, and other 29 people intentionally caused traffic accidents to extort other people's property for the purpose of illegal possession, of which Yang's crime was particularly huge, Tan and other 9 people's crime was huge, and the 19 people's crime was relatively large, the facts of the crime were clear, the evidence was credible and sufficient, and the criminal responsibility of the above 29 criminal suspects should be pursued for the crimes of extortion and fraud. On September 4, 2023, the Kaifu District Procuratorate indicted the case in accordance with the law.
During the review for prosecution, procurators interrogate criminal suspects one by one on the circumstances of the crime, explain the law and reasoning, emphatically explain the relevant judicial interpretations of crimes of a criminal nature, and publicize the plea leniency system. Except for Yang, the other 28 defendants all pleaded guilty and accepted punishment during the trial stage.
On November 19, 2023, after trial by the court, defendants Yang and Tan were sentenced by the court to fixed-term imprisonment of 10 years and 6 months to 2 years and 3 months respectively for committing the crimes of extortion and fraud, and each was fined, and the remaining defendants such as Li were sentenced by the court to three years and eight months in prison for committing the crime of extortion, each of them was fined, and ordered to return the criminal proceeds to the victims.
The prosecutor reminded that only by not driving after drinking and not drinking can you prevent being "touched" from the source. In addition, it is necessary to strengthen their own awareness of prevention, and when encountering "porcelain", they should call the police in time, keep the on-site video evidence, do not go private easily, and refuse the help of "well-wishers". If an accident occurs at night, do not rush to get out of the car, and call the police for help if you cannot confirm your safety.
Welcome to like, leave a message, and forward to the circle of friends
Every night at half past nine, see you or disperse
Source: Procuratorate Daily, Der Spiegel