After the reform of the supervision system in Huainan City, the first case transferred by the Municipal Supervision Commission to the judicial organs ----- Wang Lin, deputy director of the Huainan City Huaihe River Channel Management Bureau and the Huainan Huaihe River (Sand Mining) Management Bureau, who was suspected of accepting bribes and helping criminals evade punishment, was held at the Tianjia'an District People's Court in Huainan City at 3:06 p.m. on August 21, 2018, and the trial lasted until 5:20 p.m. on the same day.
The scene of the trial
The prosecuting organ of the case --- Liu Yan, chief procurator of the Tianjia'an District People's Procuratorate of Huainan City, appeared in court as the first public prosecutor to support the prosecution. Hou Wei, president of the Tianjia'an District People's Court, served as the presiding judge of the trial in this case. The case was broadcast live through the people's court's trial open network, and the Huainan Municipal Procuratorate listed the case as a case heard by the municipal observation court and the procuratorial organs at two levels to prosecute cadres and policemen. The Huainan Municipal Office for Governing the City in Accordance with The Law organized 120 public servants from municipal organs directly under the municipal government and 800 public servants from various counties and districts to watch the live broadcast of the trial in a concentrated manner.
Prosecutor interrogation
The public prosecution organ alleged: Defendant Wang Lin, as a state functionary, took advantage of her position to illegally accept 159,000 yuan of money from Wang Chuangao, Wang Keli, Zhang Lei, and others to seek benefits for others, and her conduct violated articles 380 and 386 of the Criminal Law of the People's Republic of China, the facts of the crime are clear and the evidence is credible and sufficient, and defendant Wang Lin should be investigated for criminal responsibility for accepting bribes; Defendant Wang Lin, as a functionary of a state organ investigating and handling illegal sand mining activities, took advantage of her position to ventilate information for others and make others evade punishment, and her behavior violated article 417 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is indeed sufficient, and she should be investigated for criminal responsibility for the crime of helping criminals evade punishment.
Electronic Indications
This case revolves around the indictment allegations, the defendant's defense content, and the factual evidence is displayed through electronic evidence. The focus of the trial debate mainly focused on two points: First, whether defendant Wang Lin had the duty to investigate and prohibit criminal activities, and second, whether Wang Lin took advantage of her duty to investigate and prohibit activities to inform the criminals.
The defender did not object to the public prosecution's accusation that defendant Wang Lin had been convicted of accepting bribes, nor the facts of the crime of accepting bribes, but held that Wang Lin had statutory and discretionary mitigating circumstances; The defender believes that the facts of the accusation are unclear, the evidence is insufficient, and the defendant cannot be established in accordance with law with regard to the public prosecution organ's accusation of helping criminals evade punishment.
In the court debate session, in response to the first point of controversy, the prosecutor Liu Yan pointed out that the defender "made a restrictive interpretation of the prohibited acts stipulated by law." Equate prohibited conduct with physical prohibition. Directly summarize the responsibilities of the investigation and prohibition activities with the judicial organs. This understanding is very inaccurate. In the connection between China's administrative regulations and criminal regulations, a large number of cases fully prove that many criminal violations are carried out by administrative organs at the administrative stage. That is to say, administrative regulations and criminal regulations jointly have the responsibility of prohibiting criminal activities."
In response to the defense's defense opinion that "defendant Wang Lin did not report the information and did not establish the crime of helping the criminals evade punishment", the prosecutor raised three questions with the defender: First, if it is a policy propaganda, why does Wang Lin not inform other illegal sand miners; Second, since it is public propaganda, why should Wang Lin use secret methods such as changing mobile phones to change places to inform; Third, since it is public propaganda, why should we inform it before the investigation?
According to the cross-examination, Wang Lin was arrested on the evening of June 11, 2018, when she was eating with Wang Chuangao (the briber, handled in a separate case) at a local restaurant in Dongcheng Market.
After investigation, Wang Chuangao is a self-employed household, without obtaining a sand mining permit, he has been illegally mining sand for many years in the prohibited mining area of the Panji section of the HuaiHe River waters, but since 2017, he has been carrying out illegal sand mining activities without being cracked down. The reason for this is not that he is lucky, but that he exchanged money for Wang Lin's "internal response" and gave him a message.
The indictment shows that Wang Lin used the information she had on cracking down on illegal sand mining activities organized by the provincial and municipal management departments to inform Wang Chuangao to help the criminal Wang Chuangao evade law enforcement inspections. Wang Lin sent three messages to Wang Chuangao in the first half of 2017, August and September 2017, and at the end of 2017, respectively; In a special operation organized in Huainan City in April 2018, Wang Lin once again revealed the action information to Wang Chuangao. After receiving Wang Lin's information every time, Wang Chuangao evaded inspection by dismantling sand mining equipment and concealing sand mining vessels, and evaded punishment.
Defendant Wang Lin
In her final statement, defendant Wang Lin first admitted and repented to the court in good faith. In his statement, he said: "Because I relaxed my requirements for myself, I did not have a clear understanding of power, and I did not resist the temptation of interests, which led to making mistakes and embarking on the road of breaking the law and committing crimes." I implore the court to be able to take the initiative to confess, actively return the stolen goods and admit guilt and repentance, taking into account the actual situation of the family where the parents are old, the wife is weak and sick, and the children are young, that they can be given a lighter punishment, return to society as soon as possible, do a little more beneficial things to society a little earlier, and fulfill the responsibilities of being a son and a husband and a father a day earlier. ”
Another prosecutor, Zhang Yichi, pointed out in his public prosecution opinion that wang Lin was suspected of two crimes, and the root cause was the lack of party spirit cultivation and the slippery slope of ideals and convictions. Defendant Wang Lin should deeply reflect on herself and find the root of the profound lesson from the depths of her thoughts. On the one hand, it has eradicated the soil that breeds the crimes of the criminal and evil forces and protected the interests of the party and the people; on the other hand, it has seriously investigated and dealt with corrupt elements, and on the other hand, it has been able to conduct a warning education for the vast number of party members and cadres. Proceeding from the overall situation, procuratorial organs will fully perform the legal supervision duties entrusted by the Constitution to ensure the organic unity of the political, social and legal effects of case handling.
The collegial panel will conduct deliberations on the basis of the factual evidence that has been ascertained and relevant legal provisions, and on the basis of full consideration of the opinions of the prosecution and defense, and announce the judgment at a later date.
Photo: People's Court Trial Open Network Anhui Huainan Procuratorate
Editor: Nguyen Ka Man Editor: New Media Department