Recently, the TV series "Sweeping The Black Storm" is being broadcast, and part of the plot of the drama comes from the real case of the special struggle against organized crime and evil, in which the actors portray the roles of "Sun Xing" and "Gao Mingyuan" into three points, and the accumulated crimes are shocking. In the end, the personnel involved in criminal syndicates and evil deeds were dealt with according to law, which made people clap their hands and applaud.
After all, film and television works are artistic processing of real life, and cannot show every detail of the special struggle against organized crime and evil. For example, after the "finale", people are sentenced, what about money? Specifically, in the course of handling anti-mafia cases, after the public security organs file and investigate the case, the people's procuratorate initiates a public prosecution, and the people's court convicts and sentences according to law, who should be responsible for the property punishment part determined in the criminal judgment document? How?
This has to mention an important link in the special action of "sweeping away criminal syndicates and eliminating evil forces" -- "cracking down on money and cutting off blood." As the name suggests, the purpose of cracking down on wealth and cutting off blood is to completely eradicate the "financial roots" of the criminal and evil forces, cut off the "blood veins" of the criminal and evil forces, and prevent them from making a comeback, so as to eliminate future troubles. The enforcement department of the people's court is responsible for the enforcement of property-related judgments in criminal judgments. The enforcement judges have spared no effort to fight money and cut off blood, which plays a vital role in consolidating the achievements in the anti-gang crime eradication.
In the special struggle against organized crime and evil forces, some cases involved "zero confession gangs." That is to say, since the public security case was filed and investigated, whether it was the investigation, public prosecution or trial stage, even if many ironclad evidence was "filmed" in front of them, the gangs involved in criminal syndicates still did not know how to repent and completely denied any of their crimes. The Wang Jinxin enforcement team of the Haidian court once handled such a vicious case.
In this case, the evil gang used gambling as a means to lend usury to the victims, and violently collected debts by beating, persecuting and insulting them, and extorted money from the victims. After trial, the Haidian court made a judgment, in addition to personal punishment, sentenced six gang members to fines ranging from 40,000 yuan to 260,000 yuan, and recovered a total of 800,000 yuan of illegal gains, and the above property punishment part totaled nearly 1.5 million yuan.
Dig deeper
To perform conversations to find a breakthrough in the case
During the investigation phase, the public security organs seized the property in the names of the members of the evil gangs, and the Criminal Trial Division transferred the property seizure situation with the case when transferring the case to the executive bureau. During the enforcement process, Judge Wang Jinxin also used the enforcement property inspection and control system to inquire into the property of the person subject to enforcement. After careful comparison, Judge Wang Jinxin found that except for two of the six executors, Feng X and Sun X, who had more property under investigation and prosecution, the remaining four gang members had very little property under their names.
After initially grasping the property situation of the six gang members, Judge Wang Jinxin drove to the detention center and prepared to first go to the "zero confession" evil gang for a while.
Across the epidemic prevention barrier in the detention center's meeting room, Judge Wang Jinxin met with several executors in turn, and of the six gang members, four gang members with fewer fines all said they were unable to fulfill their fines.
Sun said that he would contact his family to actively raise money to partially perform the fine, but he believed that the part of the illegal income should be borne by Feng.
Feng's attitude was extremely bad: "Judge, I don't admit that I am guilty, I have read the verdict, and I will never approve of the contents." The fine is what who likes to pay who pays, anyway I don't pay, you can ask what you want, but I refuse to sign any paperwork. ”
Judge Wang Jinxin sternly admonished: "The notice of enforcement and the order to report property will be served on you as a video testimony, and refusal to sign will not affect the validity of the document." Continuing to resist will not do you any good, and then the court will dispose of the property under your name, and it is imperative to sweep away the evil forces, and I hope that you will not underestimate your determination to fight money and cut off blood. ”
Analyze and judge
Confirm the difficulties of the case by the property situation
After the first confrontation with the evil-related gangs, combined with the materials in the file, Judge Wang Jinxin calculated in his heart that how to implement the four small fines in place was a difficult problem. Are the family members willing to repay on their behalf? Judge Wang Jinxin dialed the phone numbers of the families of the four gang members in turn, and it could be heard on the phone that the families of the four executed persons were willing to pay the fines on their behalf, but due to the poverty of the family, they could not complete the fines.
Such a situation is lamentable, these four people's hometowns are in small counties, and their families are poor. When I came to Beijing, I could have worked hard, but instead of doing the right thing, I followed Feng and Sun to do criminal work.
After the judge's persuasion, only one of the four family members pooled the money to complete the fine, and the remaining three gang members still had no place to pay the fine.
Seeing this situation, Judge Wang Jinxin decided to start with Feng and Sun, there are several properties under the names of two people in the property currently seized in the case, and then it is necessary to try to do the ideological work of their families, if the family refuses to cooperate in the payment of the case, they must resolutely dispose of the property.
After communication, Sun's family took the initiative to pay the fine of 240,000 yuan, but regarding the illegal gains, the family and Sun had the same attitude, and they all believed that it should all be borne by Feng.
Judge Wang Jinxin also dialed the phone of Feng's eldest son, and when the judge offered to let him come to the court with a record of cooperation, he refused on the grounds that he was busy with business. "Judge, I don't have time to go to court, and I don't have the money to pay the fine for my father, my father has two properties in his name, and the big one is now living in our family, and if you want a fine, you can dispose of the small one."
During the call, Judge Wang Jinxin felt that the other party's attitude was very perfunctory, as a family member, living in the large flat floor under Feng's name, but did not take the initiative to perform the fine on his behalf, but wanted to sell the small house that was idle by the hand of the court. It seems that this is an attempt to "play tricks" with the court.
After analysis, Judge Wang Jinxin determined that there are three difficulties in this case:
1. Feng and his family have refused to cooperate with the implementation work, and if the property under Feng's name is disposed of, it will take a long time and affect the efficiency of enforcement.
2. For the illegal gains of 800,000 yuan that should be recovered from Feng and Sun, Sun and his family believe that all should be paid by Feng.
3. Except for Feng and Sun, who are the leaders, the remaining four gang members with less fines have no property available for enforcement, resulting in difficulties in enforcement.
Whether it is the use of enforcement measures or the use of psychological offensives, it is necessary to formulate strategies to deal with the executors, how to break the situation in this case?
Take the initiative
To form a psychological offensive with the implementation of measures
During the first meeting with the evil gang, Judge Wang Jinxin found that Feng and Sun were quite contradictory in the recovery of illegal gains, and he repeatedly speculated and came up with a strategy that could solve these three difficult problems at the same time.
The first thing to do is to break the fluke psychology of Feng and his family. After carefully studying the criminal judgment, Judge Wang found that the small square meter property under Feng's name involved the criminal activities of the case, and during the enforcement process, the interested parties may raise enforcement objections, affecting the efficiency of property disposal. The larger property under Feng's name is not disputed and has no rights to bear. After comprehensively considering the situation of the two properties, Judge Wang Jinxin decided to start the auction procedure for the larger properties, and at the same time, in this way, Feng and his family understood the strength of the court's "fighting money and cutting off blood".
After the preparations were completed, Judge Wang Jinxin went to the detention center for the second time, served the auction ruling to Feng, and went to the location of the house and posted the auction ruling at the door of the building, the door of the unit, and the entrance door.
Sure enough, the day after the auction ruling was posted, Feng's family took the initiative to contact Judge Wang Jinxin: "Judge Wang, didn't I say that I would let you auction Xiao Pingzi's property before?" How did the auction announcement post to our home? ”
"The real estate under Feng's name is all property that can be executed, which property should be auctioned is not your own choice, after comprehensive consideration, we decided to auction the house you are living in now, the announcement of the house has been posted outside the door of your households, you are limited to the time to vacate the house and deliver it to our hospital, otherwise after the house is completed, our hospital will carry out compulsory vacation."
After hearing the judge's answer, Feng's family put away their previous perfunctory attitude, became attached to it, asked the judge to suspend the auction, and took the initiative to complete the 260,000 yuan fine and half of the illegal income part of the nearly 400,000 yuan.
It didn't end there. After that, Judge Wang Jinxin repeatedly briefed Feng's family on the poverty of the three gang members through telephone and interviews, and provided them with the contact information of the three families.
"Judge Wang, I didn't expect that the families of these people who followed my father before were so difficult, and I feel sorry for my father, because the illegal and criminal acts caused these people to go to prison, in fact, they also caused a lot of harm to the families of these people."
After unremitting efforts, under the guidance of the judge, Feng's family more deeply realized the adverse consequences caused by Feng's evil team. A few days later, Feng's family took the initiative to fulfill the fine obligation on behalf of the other three gang members.
Judge Wang Jinxin immediately informed Sun's family of the performance of the fine on behalf of the other three persons subject to enforcement. Hearing the positive performance of Feng's family, Sun's family, who originally had resistance, finally took the initiative to pay the remaining illegal gains at the urging of the judge.
Separated from the conversation, the two ends attacked, Judge Wang Jinxin used tactics to form a psychological offensive, and successfully recovered the fines and illegal gains of the six executors in a short period of time.
Contributed by: Haidian Court
Editor: Jiang Xinyu Wang Xi
The image comes from the Internet