She retracted her confession in court, saying that she was "wearing a crime and making meritorious deeds"...

I have been engaged in criminal prosecution work for ten years, and I have seen thousands of criminal suspects, which can be described as a thousand faces.

Some people repent and reflect from the moment they are caught, while many people have a fluke mentality, creating all kinds of human designs for themselves, weaving all kinds of reasons, and fighting with them is my daily work.

Of all the types of criminal suspects I've met, scammers are the hardest to deal with, and they're always making up one reason after another for their actions.

There are some reasons that we know are unreasonable, but we have to go to the evidence to verify the relevant situation.

Although it takes a lot of effort, sometimes there will be many reversals of the "plot", but because of this, when the scammer's personality is punctured, the sense of achievement and satisfaction will be stronger than that of other cases.

A bizarre telecommunications fraud case

I once encountered a telecommunications fraud case that sounded a bit bizarre, and with the defendant's retraction, I also felt the cunning of the criminal suspect in handling the case.

The incident began with Lan Mou, the defendant of this telecommunications fraud, who suddenly claimed her innocence before the trial and raised objections to the case, which also changed the case from a summary procedure to an ordinary procedure.

"Get ready, the trial will be held in ten days."

A phone call came from the judge's assistant and caught me off guard, who was watching a new case.

In cases that were clearly sent through the summary procedure of admitting guilt and accepting punishment, and the affidavit was also signed, how could there be a sudden change?

Putting down the phone, I quickly took out the review report of Lan's case.

Lan Mou is a Guangdong native, and ten days before the crime, she received a phone call from a "Xu Section Chief" who claimed to be a procuratorate, saying that she was suspected of illegal fund-raising cases and asking Lan to cooperate with her crime and make meritorious contributions.

So Lan added the QQ of "Xu Section Chief", took the money given by "Xu Section Chief" to buy a good ticket, book a hotel, and flew from Guangdong to Wuhan.

After arriving in Wuhan, in accordance with the requirements of "Chief Xu", Lan mou opened six new bank cards and printed the work card and official document printed with the words of a municipal procuratorate sent by "Chief Xu" on QQ.

In order to make himself look more professional, Lan mou also specially purchased a shirt and trousers.

The dai sin and meritorious service in Lan's mouth is actually a cover for "Xu Section Chief" to use Lan to deceive.

In accordance with the instructions of "Chief Xu", Lan Mou came to the home of the victim, Mrs. Song, and informed mrs. Song that she was a staff member of the procuratorate and had taken the bank card and passbook according to the instructions of her superiors.

It just so happened that Mrs. Song had been told by the "Chief Xu" group of people by phone that they were suspected of illegal fund-raising crimes before Lan Came, and some staff members wanted to collect bank cards and passbooks, and Mrs. Song, who was alone at home, was confused for a while, so she gave the bank card, passbook, ID card and related passwords to Lan.

After the incident was completed, Lan transferred 4,000 yuan from The old lady of Song, and then was quickly transferred away from the line, and the next day", "Chief Xu" transferred 2,000 yuan of "salary" to Lan.

This case appears to be a very common case of telecommunications fraud impersonating the Public Prosecutor's Office against the elderly.

In recent years, the public security organs have joined forces with major banks to arrange for staff to inquire repeatedly about the situation of the elderly going to the bank to transfer large amounts of money, so as to avoid the elderly from being deceived.

However, for the tricks of the scammers, many times it is still impossible to prevent.

For example, this kind of scam of personally visiting the door makes things very serious, the elderly have been disciplined and law-abiding all their lives, and when they hear that they are related to crime, they will feel afraid, and before they have time to understand, they have fallen into the trap of liars.

Deal with scammers

At the first court session, in Lan's personal setting, she pretended to be an innocent housewife, did not know much about society, "Xu Section Chief" called her, she was worried that she was really involved in the fund-raising fraud case, plus she found the information that she was wanted from the website given by "Xu Section Chief", and she believed even more that what "Chief Xu" said was true.

Lan Mou also felt that he was helping the procuratorate from beginning to end, and he did not know that this was a crime.

Before reviewing the prosecution, we believed that even if there is a so-called "wanted warrant", Lan should know that it is impossible to hold the official documents printed out from the small print shop, and there is the identity of the procuratorate staff, I think Lan can subjectively realize that he is doing illegal and criminal things, and Lan also agreed to admit guilt and accept punishment during the interrogation, but why did she suddenly retract her confession, and I also wanted to find out the truth more and more.

Is Lan Mou really pure ignorance? Did she even know she was committing a crime?

In order to be able to uncover the true face of Lan Mou, while guiding the undertaking police to retrieve Lan Mou's growth experience and the trajectory of his whereabouts before the crime, I applied to the technical department of the higher-level procuratorate to check and collect evidence on Lan Mou's mobile phone.

Soon, good news followed.

Lan has changed jobs three times since graduating from college, which is completely inconsistent with her previous image of a housewife.

And before Lan went to Mrs. Song's house, he had already been to the home of an old master surnamed Zhang, and when he went to Mrs. Song's house, he played the same play, but Uncle Zhang questioned Lan mou in person as a liar and did not give the bank card to Lan.

From the mobile phone evidence collection report returned from the higher procuratorate, it is even more able to debunk Lan's lies.

In her mobile phone, in addition to the common apps such as Taobao, there are three gambling software, and her memo also records that many online loans have not been returned.

This information not only confirms that Lan has a gambling habit, but also shows that Lan's participation in the networking of modern society is very deep, and it is not as simple and ignorant as he cries.

From the QQ chat records of Lan and "Xu Kechang", it can also be seen that After the fraud was completed, Lan wrapped the bank card in toilet paper and threw it into the trash can of the toilet.

If you don't know that you have committed a criminal act, why would you think of disposing of the victim's things in a way that is difficult for others to find?

After some deliberation, I became more confident in Lan's conviction.

Puncture the liars

At the second hearing, I interrogated Lan again whether there was gambling behavior and whether there was online loan behavior.

Lan Mou denied it one after another at first, and when it came to the evidence session, I showed the relevant evidence of the supplementary investigation, and suddenly exposed her lies.

These evidences let the presiding judge and jurors know that Lan Mou, as an adult woman with a high level of education and active participation in modern social life, has the ability to recognize general illegal and criminal acts, and should be able to recognize that the various matters arranged by the online are not in line with common sense and common sense, and then realize that the online is not a real judicial organ, and the series of acts carried out by himself are not in the crime of wearing crimes, but after being deceived by the online, they continue to cooperate with the criminal acts carried out on the line based on profits.

After Lan listened to these evidences, he no longer said words of defense and honestly admitted guilt and accepted punishment.

In the end, Lan was sentenced to one year and one month in prison for committing the crime of swindling and deception.

As a prosecutor, although I punctured Lan's false personality, I was happy, but as a peer, I still felt some regret for her.

Lan's child is only two years old, she has just found a new job, and as a result, because she is infected with online gambling, she borrows money everywhere, and in order to make fast money, she will be wrong and embark on the road of crime.

When I received the verdict, I felt both comforted and alert.

The consolation is that Lan has finally been punished by the law, and the vigilance is that even if he goes through the plea procedure, he must imagine what to do if the criminal suspect retracts his confession, and how to handle each case more satisfactorily.

Although engaging in procuratorial work is occasionally tired, it cannot be relaxed, as long as there is a slight possibility, it is necessary to check for deficiencies and fill in the gaps, peel away the cocoon, and use strict evidence to convince the defendant.

I think that every day I can harvest the joy of professional improvement and intellectual wrestling, which is the real joy of a prosecutor.

Source: Fangyuan WeChat (ID: fangyuanmagazine)

Author: Huang Yu (Procurator of the First Procuratorial Department of the Wuhan Municipal Procuratorate of Hubei Province)

Source: Procuratorial Daily Justice Network