After the Anhui man was detained for two years, the prosecutor did not prosecute, and received 390,000 yuan in state compensation

The Paper's reporter Xue Shasha

Li Demin, 62, of Xiao County, Suzhou, Anhui Province, has been engaged in intermediary services for private lending for many years. More than two years ago, he was reported and prosecuted by the Xiao County People's Procuratorate for illegally absorbing deposits from the public. Later, due to the change of jurisdiction of the case, it was transferred to the Lingbi County People's Procuratorate for review and prosecution.

Li Demin, who had been detained for 749 days, finally regained his freedom. Recently, the Xiao County People's Procuratorate paid compensation for violating Li Demin's right to personal freedom. According to the criminal compensation decision, according to the average daily wage of employees in the previous year, Li Demin should be paid more than 279,000 yuan in compensation for the right to personal freedom and 112,000 yuan in consolation money for mental damage, a total of more than 390,000 yuan.

Mr. Li's son told www.thepaper.cn on October 23 that he hoped prosecutors would issue an official statement publicly apologizing and eliminating the impact on his father.

The prosecutor was awarded 390,000 yuan for not prosecuting for two years of detention, and the family wanted the prosecution to apologize publicly

On October 23, 2021, Li Demin's son Li Wei provided The Paper with a criminal compensation decision showing that Li Demin was criminally detained by the Xiao County Public Security Bureau on May 17, 2019, on suspicion of illegally absorbing deposits from the public. On May 30 of that year, the Xiao County People's Procuratorate approved The arrest of Li Demin for illegally absorbing deposits from the public, and the next day, he was arrested by the Xiao County Public Security Bureau.

On April 21, 2020, due to the change of jurisdiction of the case, it was transferred to the Lingbi County People's Procuratorate for review and prosecution. On June 3, 2021, Li Demin was changed to residential surveillance and released on the same day. On August 17, 2021, the Lingbi County People's Procuratorate decided not to prosecute Li Demin on the grounds that there were no facts of the crime and did not constitute a crime.

For the 749 days that Li Demin was wrongfully detained, the Xiaoxian People's Procuratorate calculated the daily compensation of 373.10 yuan according to the average daily wage of the state's employees in the previous year, and should pay Li Demin 279,451.9 yuan in compensation for the right to personal freedom.

However, the two sides did not reach an agreement on compensation in other aspects. Li Demin demanded that he pay more than 129,000 yuan in compensation for violating his right to life and health; 1 million yuan in consolation money for mental damage caused during his detention, and eliminate the impact for the requester; and 350,000 yuan in compensation for property losses (hiring lawyers' fees).

The judgment shows that in light of the actual situation of the case, the Xiao County People's Procuratorate paid him 112,000 yuan for mental damage, and eliminated the impact, restored his reputation, and apologized.

The judgment also shows that since Li Demin suffered from illness before he was detained, there is no relevant evidence to confirm that Li Demin's current condition is causally related to his detention, so the Xiao County People's Procuratorate does not support Li Demin's request for compensation for his right to life and health. In addition, regarding Li Demin's claim for compensation of 350,000 yuan for lawyers' fees, there is no legal basis, and the procuratorate does not support it.

On the morning of October 23, 2021, Li Wei told The Paper that he hoped the prosecution would issue an official statement and publicly apologize to eliminate the impact of the matter on his father.

Previously, it was reported by a number of public officials for illegally absorbing deposits from the public

Li Demin, 62 years old this year, has been working as an intermediary for private lending for many years.

According to a report by Beijing Youth Daily in August this year, Li Demin registered the former Xiaoxian Chunyu Real Estate Investment and Wealth Management Service Co., Ltd. in October 2006, whose main business includes real estate sales, real estate mortgage lending, private lending intermediary services, etc. Matchmaking between urgently needed funds and people with idle funds, matching borrowers and lenders to sign loan contracts, and charging borrowers for service fees ranging from 1%-3%. In March 2008, Li Demin passed the examination and obtained the relevant qualification certificate.

The above report shows that on February 25, 2019, Li Demin was reported. A whistle-blowing material signed by 9 people said that Li Demin "took lending as his business and profit as the purpose", used high-interest returns as bait, absorbed a large number of funds from unspecified groups of people in society for a long time, and engaged in suspected illegal deposit loans and arbitrage of credit funds from state financial institutions.

According to the criminal ruling issued by the Lingbi County People's Court on July 20, 2021, the county procuratorate requested the withdrawal of the indictment against defendant Li Demin on the grounds that the evidence had changed and did not meet the conditions for prosecution.

A non-prosecution decision issued by the Lingbi County People's Procuratorate on August 17, 2021, stated that after review, it was found that from 2006 to 2018, Li Demin provided funding channels, signed loan contracts with more than 30 lenders and borrowers, provided services and charged service fees ranging from 1% to 3%, with a total loan amount of more than 27 million yuan. The court held that Li Demin's above-mentioned acts had no criminal facts and did not constitute a crime.

Who reported Lee Tak-min for illegally taking deposits from the public? The above-mentioned Beijing Youth Daily report shows that since 2008, a number of public officials or their families in Xiao County, Suzhou City, have made guarantees for enterprises or others, asked Li Demin to introduce loans or directly borrowed money from Li Demin, and then the borrower was unable to repay the arrears, and the guarantor refused to bear joint and several liability.

The report also said that in the whistleblower letter against Li Demin, 6 whistleblowers had been sued by Li Demin in court, and all of them were ordered by the court to bear joint and several guarantee liability or repay the guarantee loan, but they did not actively perform the judgment. In desperation, Li Demin applied to the court for compulsory enforcement, including the enforcement of their property and valuables.

Liu Xiaofeng, Li Demin's lawyer, believes that from the above legal relationship, the person who reported Li Demin nominally reported illegal crimes in order to protect his own rights and interests, but it is not excluded that he was beaten upside down after the court ruled that he assumed the guarantee liability. Li Demin also believes that the report is actually retaliation.

Editor-in-Charge: Wang Xin

Proofreader: Zhang Liangliang