Why do ex-offenders report prison inmates' use of mobile phones?

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Wang Yong, a prisoner released from Liusan Prison in Heilongjiang Province, reported to reporters that the internal management of Liusan Prison in Qiqihar City was chaotic, and with the connivance of prison guards, inmates had been playing cards and gambling in the prison area for a long time, and using mobile phones to communicate with the outside world in violation of regulations.

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On the evening of September 29, 2024, the Heilongjiang Prison Administration Bureau responded: An investigation team has been set up and stationed in the prison on the night of September 28, and an investigation has been carried out on the problems reflected, and the results of the investigation and handling will be announced in a timely manner.

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As for the motivation for the report, Wang Yong said that he had symptoms in his lower body while serving his sentence, and because the prison guards failed to bring him for treatment in time, it eventually led to necrosis of the left testicle, which in turn affected fertility. For this reason, Wang Yong took the hospital involved and the 63 Prison to court. On September 20, 2024, the Jianhua District People's Court of Qiqihar City held a trial of the case.

It seems that the outcome of the trial may not be too ideal.

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Why did Wang Yong report prison inmates using mobile phones?

Because this kind of behavior is strictly forbidden in prison.

The Ministry of Justice's Several Provisions on Strengthening Prison Security and Stability (July 24, 2006, Si Fa Tong [2006] No. 47) clearly states:

Criminals are prohibited from possessing or using contraband such as mobile phones, cash, and drugs. Those who secretly possess or use mobile phones, or secretly possess or consume drugs, are to be given the punishment of confinement, and no request for commutation or parole is to be submitted for two years from the date on which confinement is lifted (except for those with major meritorious service); Those who secretly possess other contraband are to be given warnings, demerits, or confinement punishments depending on the circumstances; and where a crime is suspected, it shall be transferred to the judicial organs for handling in accordance with law.

If a commutation or parole is not requested for two years, such a punishment is not insignificant.

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The punishment is very severe, not only for prisoners, but also for inmates.

It is forbidden to bring mobile phones into the scene where convicts live, study, or work. If it is brought in in in violation of regulations and does not cause consequences, it shall be given administrative disciplinary sanctions; Where mobile phones are provided to convicts for use, police officers are to be dismissed and their ranks revoked; All workers will be dismissed and their labor relations will be terminated.

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There are also production outsourcing personnel.

If the production outsourcing personnel need to enter the prison, the prison shall announce the relevant provisions of the prison to them, and shall go through the formalities for approval when entering the prison, and the prison police shall lead them to enter and exit the prison gate and consciously accept the inspection of the guards; After entering the prison, they shall be active in the prescribed time and area. It is forbidden to carry items such as letters for criminals, and it is forbidden to bring contraband such as mobile phones into prison. Those who violate these provisions and still do not make corrections after education, must not enter prison again in the future; where the circumstances are serious and a crime is suspected, it shall be transferred to the judicial organs for handling in accordance with law.

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Leadership responsibility.

Prisons shall strengthen law enforcement oversight and policing supervision efforts, and strictly follow the "Measures for Pursuing Responsibility for Law Enforcement Mistakes by Prison People's Police in Re-education Through Labor (Provisional)" for prison police who are lax in law enforcement, violate laws and discipline, bend the law for personal gain, or derelict in their duties. Where ineffective supervision causes convicts to use mobile phones, take drugs, or engage in other serious violations of laws and regulations, the responsibility of the principal leaders of the prison shall be pursued.

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The circular of 24 July 2006 is almost 20 years old, how has it been implemented?

In 2014, Zhou Huiling, a single mother, met "Wang Xiaokun", who claimed to be the deputy director of the Urban Construction Bureau of the Haigang Economic Development Zone in Tangshan City, Hebei Province, through WeChat, and the two established a romantic relationship. In the following three years, "Wang Xiaokun" continued to ask Zhou Huiling for money, and Zhou Huiling agreed to all of them, with a total payment of more than 380,000 yuan. But she didn't expect that her boyfriend who had been dating online for three years was Luo Moumou, an inmate in Tangshan Prison in Hebei Province. On December 5, 2017, the Lubei District Court convicted Luo Moumou of fraud in the first instance and sentenced him to 8 years and 6 months in prison and a fine of 150,000 yuan. The Paper noted that the first-instance judgment determined that Luo Moumou used his mobile phone to commit fraud while he was serving his sentence in Tangshan Prison, but did not clarify the source of the communication tools used in the crime. Zhou Huiling questioned that the prison administration was responsible, "How can a convict be able to voice chat with me in prison?" The reply from Tangshan Prison was that the mobile phone used to commit the fraud was brought in by a foreign staff member when he entered the cooking house, and the prison guards were not aware of it.

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Detainee Yu X was sentenced to 15 years in prison for fraud in September 2005 and began serving his sentence in Caidian Prison in Wuhan, Hubei Province before 2007. While serving a prison sentence, he actually used his mobile phone to "remote control" and deceived 4 women in the society in the name of marriage, defrauding a total of more than 220,000 yuan. The Caidian District Court made a first-instance judgment in this case and sentenced Yu Mou, who was serving a sentence, to 11 years in prison and a fine of 30,000 yuan. It turned out that Yu had been detained with the former executives of Xinjiang Delong Group in prison, and learned a lot of inside stories about the group, so he pretended to be the executives of the group to solicit marriage and cheat on foreign parties. He fabricated all kinds of lies to get the victim woman to transfer her belongings to an intermediary, who then delivered the money to the prison. The prison guards Qi and Zhang helped pass on mobile phones, mobile phone cards, cash and other property for Yu. (December 18, 2009, Chutian Metropolis Daily)

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In 2006, the convict Yang Moujiao was sentenced to 15 years in prison, deprived of political rights for 3 years, and fined 170,000 yuan for committing theft and robbery, and is currently serving his sentence in Shaoguan Prison, Guangdong Province. On April 3, 2009, the Shaoguan City Intermediate People's Court reduced the sentence of one year and two months imprisonment to convict Yang Moujiao. After the enforcement organ Shaoguan Prison found that the convict Yang Moujiao had secretly possessed a mobile phone during the period of applying for commutation, which seriously violated prison discipline and supervision regulations, the Shaoguan Intermediate People's Court found after review that the convict Yang Moujiao did not repent and secretly possessed and used a mobile phone during the period when the enforcement organ submitted it to the court for commutation, which seriously violated prison discipline and supervision rules and did not meet the relevant conditions for commutation. It was decided to revoke the criminal ruling on the commutation of the sentence of convict Yang X in accordance with law. (Guangzhou Daily, November 5, 2009)

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In 1999, Lu was sentenced to 12 years in prison for robbery and served his sentence in a prison in Heilongjiang Province. On April 8, 2011, the Third Squadron of the Criminal Police Brigade of the Qiqihar Tiefeng Public Security Bureau, after careful investigation, found that inmate Lu used his mobile phone to make phone calls and pretend to be an acquaintance in prison to commit fraud. He didn't say who he was on the phone, but he was extremely enthusiastic about getting started with people, and after deceiving his trust, he complained about the lack of money, and then asked people to send money to the designated account. (Heilongjiang Morning Post, April 13, 2011)

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In 2015, at least three women were defrauded of a WeChat account in Nehe Prison in Heilongjiang Province, one of whom was defrauded of up to 80,000 yuan.

According to people familiar with the matter, the detainee is Wang Dong, who is detained in the No. 5 Prison District, and after he met the woman through WeChat, he defrauded the victim of money on the grounds of love and investment after gaining the trust of the other party.

In addition, he obtained nude photos of at least one woman through nude chats and other means, and threatened them. The case was brought to prominence in November 2014 when the husband of one of the victims, a police officer, reported the case to the Nehe Prison and the prosecutorial system in November 2014 due to the threat of harassment. Fourteen people, including the warden and political commissar of the Hounehe prison, were dealt with.

It seems that although the regulations are strict, there are still many problems in implementation.

Wednesday, October 2, 2024