What kind of blue is this
Pure, inclusive, expansive
Deeper than the sea, brighter than the stars and moon
Lend you a pair of bright eyes
Hope for light and extinction
……
On the bench
She upholds justice, punishes evil and promotes good
In the interview room
She explained the law and reasoned, and solved problems
In a general law class
She is tireless in teaching and persuasive
She speaks softly and has a friendly attitude
And once you take over a big case
She resolutely charged forward, dared to fight, and never gave up
In this issue, Xiaolian takes you into the national 38 Red Flag Bearer prosecutor Ma Weiwei
Hear her story
Learn to face sin and darkness
Ma Weiwei, who is currently a member of the Party Leadership Group and Deputy Procurator General of the Shanghai Jing'an District People's Procuratorate, has been engaged in procuratorial work for 20 years, and has won many honors such as the 2023 Rule of Law Figure, the National 38 Red Flag Bearer, the Outstanding Communist Party Member of Shanghai, the Advanced Worker of Shanghai, the "Peace Hero" of Shanghai, and the 10th Outstanding Public Prosecutor of the Shanghai Municipal Procuratorate. In December 2023, he was awarded the "National Model Prosecutor". From a fledgling to a deep ploughing in financial prosecution, Ma Weiwei's strength in facing problems and facing difficulties has impressed many people around him.
When Ma Weiwei was studying at East China University of Political Science and Law, because she was afraid of seeing pictures of corpses in forensic books, she had to firmly seal those pages with a stapler to reduce the fear in her heart. After work, she has to face all kinds of crime scene photos and deal with various criminal suspects.
The hit movie "Disappearing Her" evoked Ma Weiwei's memories. After graduating from university, she entered the First Branch of the Shanghai Municipal People's Procuratorate, and was exposed to most of the major criminal cases that could be sentenced to life imprisonment or death.
In 2013, a married man met a girl who found out she was pregnant. When the man learned of this, he strangled her to death and buried her body during an argument with her. The girl's parents were unable to contact their daughter for a long time, and only after calling the police did they find out that their daughter's movements had gone to other provinces and cities. It wasn't until a year later that the police intervened that the man's crime was revealed. But the man has always denied that he committed a premeditated crime, saying that he killed in a passion after a verbal altercation with a girl. He wants a lenient sentence. After accepting the case, Ma Weiwei read the relevant files, confessions and reports according to the procedures, and compared the various evidence chains, and doubts appeared.
"The man had rented a new apartment before committing the murder. When he moved with the girl, he bought only plastic gloves and a larger storage compartment in addition to the suitcase that the girl carried with him. After burying the body, he immediately quit the rent without even asking for a deposit, and used the girl's ID card and chat tools, until a year later, when the woman's family found out that something was wrong. Based on various evidence, Ma Weiwei and his colleagues believed that the man was a premeditated murder and denied his defense of committing a crime of passion; the criminal investigation department of the public security organ promptly cooperated with the supplementary materials and obtained evidence that the girl was pregnant, and the motive for the crime was established. As soon as all the chains of evidence were closed, the murderer could no longer quibble, and finally the court adopted the opinion of the prosecutor's office and sentenced the man to death for intentional homicide.
Ma Weiwei said, "I believe that seeking justice for the victims is the greatest respect for life. In this way, Ma Weiwei fought on the front line of public prosecution of serious cases and handled hundreds of major criminal cases. She said: "Handling a case is like observing other people's lives, and only by walking on thin ice can we restore the facts of the crime most accurately." ”
"Handling a case is like drawing a blank picture"
"If handling homicide cases helped me understand the composition of criminal law as quickly as possible at the beginning of my career, then entering the field of financial crime was an 'advancement' that required me to quickly acquire a large amount of financial knowledge in a short period of time. Ma Weiwei said.
Since 2015, P2P cases have concentrated on "thunder", seriously harming the property safety of ordinary people. In 2016, Ma Weiwei took over the handling of Shanghai's first "Dabao" fund-raising fraud case with an illegal fund-raising amount of more than 10 billion yuan, involving more than 70,000 investors in 28 provinces and cities across the country, and an unpaid fund gap of nearly 7 billion yuan. The suspect insisted that he was a licensed private equity investment, which did not constitute the crime of fundraising fraud. The investors have repeatedly visited the group, crying that "hard-earned money, pension money, and life-saving money have all been wasted", demanding severe punishment for crimes.
This case, the first of its kind in Shanghai and even in China, involved financial expertise such as commercial banking law and private equity investment funds, which seemed unfamiliar to Ma Weiwei's team, and the huge pressure was added to her. In the face of the cross-testimony of 30 criminal suspects, the huge electronic data of nearly 500G, and the 385 dossier materials piled up in the secret room, there are thousands of things to do?
Ma Weiwei led the team members to advance synchronously from three paths: first, to quickly sort out more than 40 administrative laws and regulations and fully grasp the professional knowledge of private equity investment; second, to review the dossier materials one by one to restore and depict the pattern of criminal behavior; third, to actively guide judicial audits to penetrate the collection and whereabouts of funds.
Then, Ma Weiwei led the team members to familiarize themselves with financial terms such as limited partnership, private equity, equity investment, and qualified investors for a week, and actively guided the investigation agencies to obtain records from online trading platforms, fix hundreds of gigabytes of electronic data, and sort out and compare them. In the dead of night, she opened four or five Excel spreadsheets at the same time to review the funds involved in the case......
In the end, Ma Weiwei and the team members clarified the essential difference between the legitimate private equity investment behavior and the criminal behavior involved in the case, and confirmed that their "sucking" is illegal, "investment" is capricious, and the operation model is unsustainable, and they can only absorb more people's money to make up for the funding gap. Ma Weiwei and the team members finally formed a case conclusion report of hundreds of pages and a trial plan of dozens of pages.
During the trial, Ma Weiwei grasped the rhythm of the accusation, comprehensively presented evidence, and made a reasonable and well-founded response to the different opinions of the 30 defendants and defenders, fully exposing the essence of illegal fund-raising to grab people's hard-earned money and pension money and seriously endanger social stability. In addition, for the three criminal suspects who were transferred for review and prosecution with relatively minor roles, criminal prosecution will not be carried out in accordance with the criminal policy of blending leniency and severity, so as to achieve the unity of the legal and social effects of case handling.
In the end, the case was prosecuted for the crime of fund-raising fraud, and the 12 people involved were sentenced to fixed-term imprisonment or above, and the main offender was sentenced to life imprisonment.
After the case was concluded, Ma Weiwei promptly summarized and expanded the results of the case, and the relevant practices provided a reference for the Supreme People's Procuratorate to formulate and issue the "No. 3 Procuratorial Recommendation".
Subsequently, Ma Weiwei handled fund-raising fraud cases with high social attention and great impact such as "Shanlin Finance" and "Zhengda Series". After the central government deployed the battle to prevent and resolve major financial risks, Ma Weiwei and his colleagues also handled the "Anbang system" and other cases involving tens of billions of dollars and hundreds of billions of dollars, which were highly recognized by the Central Political and Legal Committee and the Supreme People's Procuratorate.
In Ma Weiwei's view, handling a case is like drawing a blank picture, and an excellent prosecutor must be good at combing, refining, and summarizing the evidence of the case. In the courtroom, only by becoming the person who is most familiar with the evidence can the prosecution work be better completed. How to practice this skill? Ma Weiwei said frankly: "Without him, only the hands are familiar." ”
Be a flesh-and-blood watchman
"We may review thousands of cases in our lifetime, but the person concerned may have dealt with the procuratorate once in a lifetime. Procurators should be more patient, warmer, and more understandable in explaining the law and reasoning, so that the parties have more understanding and trust in the judicial organs, and then believe in and respect the law. ”
Ma Weiwei said frankly that in the years of deep cultivation on the front line of serious case prosecution, countless murderous cases have not made her heart harder, but softer, or soft heart has hard armor. Different from the generous statements in court, in the face of the various demands of the parties and their families in the court, Ma Weiwei will patiently and warmly explain the law and reason.
"Comrade prosecutor, help me, this is all the savings of our old couple. ”
"This is all the hard-earned money I paid for my children to work in Shanghai. ”
…………
Every time Ma Weiwei received her, she was trying to find a "prescription" to smooth out the victim's pain.
When receiving hundreds of elderly investors in an illegal fundraising case, Ma Weiwei patiently comforted them, carefully explained the results of the recovery of stolen goods, explained the criminal procedure process, and carefully sorted out the investor's report materials for supplementary audit, and worked with the public security organs to strengthen the recovery of stolen goods and losses, so as to ease the worries of the victims.
When faced with the victim's relatives asking about the progress of the case every now and then, Ma Weiwei patiently explained it with her heart. She recalled that at that time, the defendants passed the buck to each other, and the constantly changing confessions made her a fledgling anxious. The victim's sister kept calling to inquire about the progress of the case, repeatedly confiding in her brother's sudden murder how heartbroken she was, and at the end of the year, she gently told Ma Weiwei that she was pregnant, and if the court was held immediately, she would not return to her hometown for the New Year.
Ma Weiwei was shocked when she heard this, it turned out that she had encountered such a bad thing at such a critical moment, and it turned out that she was her spiritual sustenance. This made Ma Weiwei re-examine the responsibility on his shoulders.
"The prosecutor of the new era should not be just an aggressive machine gun, but a flesh-and-blood watchman and a reasonable listener. Ma Weiwei said.
Always have a sincere heart and illuminate the hidden corners with light, which is the most simple manifestation of the procurators in the new era who stick to their original intentions and practice their purposes. Ma Weiwei's position is changing, but the original intention of justice for the people and supporting justice has always remained the same. In the future, she will continue to make good use of the mission entrusted by the law, use professionally trained eyes to discern the truth, hold the sword of fairness and justice, and defend the authority of the law.
It's pressure, it's motivation
It is a challenge and a responsibility
It's a dream, it's a goal
Come on, tomorrow will be better!
Source: Supreme People's Procuratorate, Fangyuan Magazine, Rule of Law Daily, Ping An China
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