Source: Rule of Law Times (02/18/2021)
"We are the staff of the Hainan Provincial People's Procuratorate, and we are interrogating you in accordance with the law..." On the afternoon of October 14, in the remote interrogation room, after the criminal suspect was seated, Xu He, procurator of the First Procuratorial Department of the Provincial Procuratorate, and the procurator's assistant began interrogation in accordance with regulations. This is a scene of Xu He's daily work.
During the remote interrogation, Xu He raised relevant questions about the criminal suspect And zhang Xing, a reporter from all media, photographed
"Let the public prosecution reflect the will of the people." For more than 10 years, Xu He has been sticking to the front line of public prosecution. He has won honorary titles such as "National Outstanding Prosecutor", "Advanced Worker of Hainan Province", "Advanced Worker of National Special Struggle against Organized Crime and Evil Forces", etc. This year, Xu He participated in the tour as a member of the Hainan Political and Legal Heroic Model Deeds ReportIng Group.
For 4 consecutive months, stationed at case-handling points to guide investigations and collect evidence
Examine the evidentiary materials in the case file, read the public prosecution opinions carefully... Early in the morning of September 10, Xu He came to the office to start preparing for the day's trial.
"Every sentence in court must have evidence support or legal basis, and familiarity with each evidence can be done at will without exceeding the rules." Xu He told reporters that although the criminal facts and evidentiary materials identified by the public security organs have long been familiar with them, he still repeatedly checked the main points of the case file. "The details that may affect the facts and characterization of the case cannot be omitted at all." Xu He said.
At 9 o'clock, as the presiding judge sounded the gavel, the trial began.
"I did not use my position to seek benefits for others, and many times the money I received was just a normal human exchange..." On the morning of September 10, at the scene of the public trial of Wu Zonglong's umbrella case, the defendant slyly argued.
"Why did the so-called 'human contact' occur during their illegal casino opening, and you did not take any action against this kind of behavior, in fact, you acquiesced..." In the prosecutor's bench, Xu Heci debated solemnly and logically, accusing the crime of being justified and disciplined.
During the court debate session, prosecutor Xu He issued a public prosecution opinion and engaged the defender in a "sword of words" for more than 20 minutes on the facts of the crime and the sentencing circumstances. In the course of the debate, Xu He was in one breath and had a clear line of thought. During the more than 1-hour trial debate, Xu He punctured the defendant's trick of avoiding the heavy and the light, avoiding the real and the false, and the defendant was dumbfounded.
During the trial debate, Xu He (first from the right) listed the defendant's criminal facts and related evidence, and zhang Xing, a reporter from all media, took a photo
People who are familiar with Xu He know that it is with such a hard temperament that he dares to take on these tricky cases.
In January 2020, Xu He led a special case team to handle the case of Wu Zonglong and others organizing, leading, and participating in a mafia-type organization (hereinafter referred to as the 3.13 project). The case spans a long time, involves many people and assets, in the face of the staggered and complex case situation and the organizational structure of the personnel, Xu He took the initiative to ask for battle, participated in the whole process of review and approval of arrest, and intervened in advance to guide the investigation and review for prosecution. He is also the lead prosecutor of the case.
In order to clarify the facts of the crime and consolidate the chain of evidence, from March to June 2020, Xu He was stationed at the centralized case handling point for four consecutive months to guide the police to collect evidence and investigate.
During the trial, Xu He presented evidence in groups as a whole based on the nature of the case, factual evidence, and the circumstances of admitting guilt and accepting punishment, highlighting the diversion of complexity and simplicity. Because the case review work is fully detailed, the court handling is appropriate, and the trial has achieved good results.
Anti-Gang Crime Task Force "All-Rounder"
At 11:15 a.m. on September 10, the trial ended. After Xu He returned to the procuratorate, he immediately organized a case discussion meeting of the special case group for combating organized crime and eliminating evil forces. After the undertaker introduced the basic situation, factual evidence, and the focus of the dispute, all the cadres and policemen of the special case team discussed the characterization of the case and the direction of evidence collection in the next step.
At the meeting, Xu He combined his understanding of the crimes involved and focused on the differences between several crimes. His meticulous thinking and reasonable judgment have been recognized by everyone.
Xu He (second from the left) put forward his own views and opinions at the meeting of the special task force for combating organized crime and eliminating evil Forces, and Zhang Xing, a reporter from all media, took a photo
"When handling the extraordinarily large case of sweeping away organized crime and eliminating evil forces, as the procurator in charge of the special case, in addition to being a good 'baton,' he is also an 'all-rounder.'" Speaking of Xu He's professional ability, Du Lihui of the First Procuratorial Department of the Provincial Procuratorate commented that the business is "fine", the examination of evidence is "fine", and the accusation of crime is "accurate".
During the handling of the 3.13 project, Xu He led the cadres and policemen of the special case group to visit the field many times, which further clarified the development context of the organization, deepened the intuitive understanding of the economic characteristics and harmful characteristics of the organization, and strengthened the inner conviction of handling the case. In addition, Xu He took the initiative to invite public security organs to participate in jointly studying difficult cases, revising indictments, adjusting sentencing recommendations, and making a trial plan, and completed two indictments of 196 pages and more than 109,000 words and a 3,757-page review report of more than 2.11 million words.
It is understood that since Xu He entered the procuratorate in 2010, he has always maintained a modest and prudent learning attitude and constantly consolidated his theoretical foundation and practical skills. After years of case discussion and trial confrontation, Xu He has become a skilled "public prosecution expert".
Find the right entry point to break through the psychological defense line of the criminal suspect
At 15:00 on October 14, after the criminal suspect was seated in the remote interrogation room, Xu He and the procurator's assistant began interrogation in accordance with regulations.
The interrogator on that day was a criminal suspect in a triad-related case. Xu He introduced that in addition to verifying the facts of the case, understanding the criminal suspect's attitude of admitting guilt, and examining whether the criminal suspect has mitigating circumstances, it is also necessary to supervise whether the public security department has violated laws and regulations in the course of investigation and whether it has violated the suspect's legitimate rights.
During the interrogation, Xu He's voice was not high, but his strict logic and grasp of the details of the case made it impossible for the suspect to defend himself.
"This case may have to be arraigned once." Xu He told reporters that it is rare for a criminal suspect in a case to be arraigned many times, especially in cases involving criminal organizations involving criminal syndicates and evil forces, and when the main criminal in the case is arraigned, it is like gnawing "hard bones."
Xu He recalled that in the process of handling the 3.13 project, when he intervened in advance to guide the public security investigation, he found that the evidence of Wu Zonglong and Li Ping's participation in committing vicious and violent crimes such as intentional homicide and intentional injury was relatively weak, these cases were old cases from more than 20 years ago, and the co-defendants had been executed to death without proof. Wu Zonglong and Li Ping even more cunningly put all the blame on Hai Zaiwen, Li Lieyong, and other co-defendants who had already been executed.
"I went to the detention center to interrogate Wu Zonglong, who was captured in Laos and just escorted back to China. It seemed that he foresaw that he was guilty and doomed, and he sat there with a worried look, but the feeling to me was fierce and cold. Xu He recalled that Wu Zonglong appeared very calm at the scene, and when he talked about things before 2000, he immediately denied it.
Wu Zonglong's sensitivity and vigilance are very abnormal. At this time, Xu He also caught a few traces of panic in Wu Zonglong's eyes. In this process, Xu He found the entry point for interrogation, so that Wu Zonglong's psychological defense line slowly disintegrated.
Back at the case handling point, Xu He asked the public security cadres and police to find out all the cases before 2000, thoroughly investigate the Wu Zonglong family by opening casinos to support the members of the organization, and then through the organization of help rules and activity regulations to let Hai Zaiwen, Lin Fangji and others obey Wu Zonglong's orders, and dig deep behind the series of crimes committed by Hai Zaiwen, Li Lieyong and others, it is Wu Zonglong's organization, instructions and aftermath.
Xu He strengthened the chain of evidence one link at a time, collected a large amount of evidence, and laid a solid foundation for the subsequent review and prosecution and accusation of crimes.
Xu He prepares trial materials in his office All-media reporter Zhang Xing photographed
Examination of cases, interrogation, appearances, adjudication review... Xu He said that in this position, every prosecutor is busy day and night in a place that everyone can't see. "When you are busy, you are more down-to-earth, and you do your best to handle every case well, which is worthy of the inspection badge on your chest." Xu He said.
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Source: Hainan Political Science and Law, Rule of Law Times
Editor: Zeng Jia