<h5>On October 24, 2020, at a certain test center of the Shanghai Adult College Admissions Unified Examination (hereinafter referred to as the "Adult College Entrance Examination"), the invigilator found that the man Hao Mou had substituted for the examination in the two political and English examinations, so he controlled him and called the police. After verification, the real candidate should be Dai Mou, vice president of marketing of a real estate company. Dai was led by Wu Mou, the head of the training institution, and found the "gunman" Hao Mou for a substitute examination. </h5>
A few days ago, the Shanghai Jing'an District People's Court (hereinafter referred to as the "Shanghai Jing'an Court") tried the case according to law, and what is surprising is that Wu Mou, as a matchmaker, was actually heavier than the sentencing of the examinee Dai mou and the "gunman" Hao Mou.
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Video: The deputy general manager of the real estate company was arrested for the college entrance examination
<h2>Case: I thought I couldn't catch up with the exam and find someone to take the exam for me</h2>
Between May and October 2020, Dai and his girlfriend Zhu (handled in a separate case) registered with defendant Wu's training institution to participate in the adult college entrance examination and follow-up education and training.
Because Dai was on a business trip for many years, when Wu notified Dai to take the exam, the co-defendant Zhu said that Dai could not participate, so Wu proposed that he could find someone to take the exam for him, and through Hao's colleague Wang (handled in a separate case), he found a substitute examiner Hao for Dai to take the exam. Zhu and Dai also paid Hao 1,000 yuan for the substitute examination fee, which was transferred by Wu.
After Wu went through the examination registration procedures online for defendant Dai, he sent Dai's admission ticket to Hao and handed it over to replace the examination, and Zhu sent Dai's ID card to Hao through courier for identity verification on the day of the examination.
On the day of the exam on October 24, 2020, Dai returned to Shanghai from a business trip, and despite the conditions to take the exam himself, he still let the defendant Hao Aimin go to the test center to take the exam.
On the day of the crime, the defendant Hao X was found to be taking the exam, during which Hao X tried to escape, was subdued by the security personnel of the test center, and after the invigilator called the police, the police arrested him and arrested him.
After Wu was contacted by the public security police by telephone, he took the initiative to surrender to the police station on the same day, and the defendant Dai was arrested and arrested. After the three defendants arrived at the case, they all confessed to the act of replacing the examination.
The Shanghai Jing'an District People's Procuratorate, a public prosecution organ, held that defendant Wu X, together with defendant Hao X, participated in the state examination prescribed by law instead of others, and defendant Dai X let others take the state examination prescribed by law instead of himself, and his conduct had violated the fourth paragraph of article 284-1 and the first paragraph of article 25 of the Criminal Law of the People's Republic of China, and the facts of the crime were clear, the evidence was credible and sufficient, and he should be investigated for criminal responsibility for the crime of substitute examination.
The scene of the trial
<h2>Trial: The matchmaker retracted his confession in court, saying he was "unprofitable."</h2>
On September 27, the Shanghai Jing'an Court tried the case in accordance with the law. At the scene of the trial, the defendants Dai and Hao had no objection to the facts and evidence of the crime alleged by the public prosecution organs, but the defendant Wu, as the matchmaker, suddenly retracted his confession.
She argued that finding someone to take the exam was proposed by Dai's girlfriend Zhu. Because he could not refuse Zhu's repeated requests, he agreed to find someone to take the exam for him; after finding Hao for Dai's substitute examination, he also repeatedly told Hao that he did not want to take the exam, because it was unprofitable, so subjectively there was no intention to help Dai take the exam.
So, is what Wu said true?
Ma Yewen, procurator of the First Inspection Department of the People's Procuratorate of Jing'an District, Shanghai, told reporters that after investigation, through the WeChat chat records of Wu and Hao, Dai and zhu, co-defendants, it can be clearly known that Wu had a strong promotion at that time, and it was also proposed by Wu to find a substitute examiner. After finding the substitute examiner, Wu Mou participated in the pre-examination training of the substitute examiner and the transfer of the benefit fee.
Therefore, the public prosecution organ believes that Wu Mou is actually an active facilitator in this incident, and is a key role, which is indispensable for the entire substitute examination behavior. Therefore, in the end, the public prosecution also prosecuted him on the charge of examination.
So, helping Dai find a "substitute exam", is it really as Wu said, she has no benefit?
Ma Yewen said that although Wu did not charge a benefit fee and did not seem to make a profit, from the perspective of the whole case, Wu was not completely without benefits. As a teacher of a training institution, Wu's main responsibility is to recruit students, and the adult college entrance examination is the entrance examination for schools to recruit students, which is the first pass. Therefore, if Dai cannot pass the adult college entrance examination, there is no way to further participate in the training courses of the relevant schools and cannot submit training fees.
The training that candidates participate in after passing the adult college entrance examination is actually not responsible for Wu, she is responsible for the docking school, after the candidates are admitted to the corresponding schools, they will generate training fees, and Wu will receive a certain percentage of rebates. "From this point of view, Wu mou actually very much hopes that Dai mou will complete the task of adult college entrance examination and participate in a later training, so it is not completely profitable from her."
<h2>Verdict: The matchmaker's confession was insincere</h2>
A few days ago, the Shanghai Jing'an Court held that defendant Wu X, together with defendant Hao X, took the state examination prescribed by law instead of others, and defendant Dai let others take the national examination prescribed by law instead of himself, and their acts have constituted the crime of substitute examination and should be punished according to law.
After investigation, in the WeChat chat records of Wu and Zhu, when Zhu asked Wu for help for Dai's inability to take the exam, Wu took the initiative to propose that someone could be found to replace him. After that, after consultation between the two sides, Wu also actively found a substitute candidate, Hao, and provided contact for Dai and Hao before the exam to help prepare for the exam. In the chat record, there is no text message that Wu refuses to find a substitute for Dai and lets Hao give up taking the exam, and the above facts and the confessions of Zhu and Hao corroborate each other, which just proves that Wu actively promoted the criminal act of replacing the exam.
In view of the fact that Wu denied that he was the proposer of the substitute offense, and argued that subjectively refused to commit the crime, it should be found that his confession of the basic criminal facts and the subjective intention of the crime was not sincere, so the court did not agree with the procuratorial organ's sentencing recommendation that Wu "admit guilt and accept punishment, and give the defendant a lighter punishment".
Defendants Hao and Dai truthfully stated the facts of the case in court, so the court held that the plea recommendation established by the procuratorial organs could be applied.
In the end, the court convicted defendant Wu X of the crime of substitute examination and sentenced him to four months' detention and a fine of RMB 2,000; defendant Hao X, who committed the crime of substitute examination, sentenced him to four months' detention, suspended sentence for four months, and fined him RMB 1,000; defendant Dai Kang was convicted of the crime of substitute examination and sentenced to four months' detention, suspended for four months, and fined RMB 1,000.
<h2>Judge's opinion: Why is the matchmaker's sentence the heaviest? </h2>
Gu Zhengyang, a judge of the Shanghai Jing'an Court who tried the case, introduced that defendant Wu helped the examinee Dai to find the gunman Hao to take the adult college entrance examination in this case, and in the process she played an important tandem role, providing the relevant information of the defendant Dai to Hao, and helping Hao to prepare for the corresponding exam before the exam, such as providing the corresponding certificate materials, health code information, and telling Hao how to take the exam.
Gu Zhengyang said that the reason why Wu Mou was sentenced the heaviest in this case was also considering that she refused to confess the facts of the crime in court, including not confessing to the objective fact that the intention of the offense could be confirmed through chat records, and for the subjective intention, she also proposed that in this case she had a negative refusal to replace the examination.
However, the court can confirm through the corresponding evidence that the defendant Wu mou not only took the initiative to put forward the proposal to replace the examination, but also actively connected the family in the process, and finally let the examination substitute behavior be successfully implemented, in this process, her role is indispensable, but also played a major role, so in the sentencing of her should also consider the heavier treatment.
Source: Thoughtful