Source: Yueyang Evening News
On May 12, the Intermediate People's Court of Yueyang City, Hunan Province, pronounced judgments in the second-instance trial of 8 people, including Xie Jinhai and Liu Tai, and 20 Yang Shuping, who were listed and supervised by the National Anti-Organized Crime Office, and ruled to reject the appeals of Xie Jinhai and 13 others, and upheld the original judgment.
The scene of the first-instance trial of the case (Source: Yueyang Lou District Court)
The court tried and ascertained
After trial, it was ascertained that in January 2012, Hunan Haitai Food Co., Ltd. (hereinafter referred to as Haitai Company), as the only mechanized fixed-point slaughtering enterprise in the downtown area of Yueyang, began trial operation. From March of the same year to the end of 2018, Xie Jinhai, Liu Tai and Yang Shuping set up an investigation team relying on Haitai Company, using violent threats and intimidation to suppress dealers who purchased non-Haitai products, and carried out a series of illegal and criminal activities such as picking quarrels and provoking trouble, intentionally destroying property, intentionally injuring, gathering crowds to fight, forcing transactions, extortion, fraud, and producing and selling food that did not meet safety standards, resulting in serious injuries to 2 people, minor injuries to 3 people, minor injuries to 19 people, and damage to more than 20 vehicles. Gradually form a criminal organization of a triad nature that illegally controls the sales markets of pigs, cattle, and mutton in Yueyang Urban Area. Xie Jinhai instructed Shen Yushan to use a private account to circulate part of the company's income off-the-books to raise black money for business.
This criminal organization has been bullying and dominating the market for a long time, seriously undermining the normal economic and social life order in Yueyang City. Among them, Xie Jinhai is responsible for the operation and decision-making of the entire organization; Liu Tai is the initiator and founder of the organization; Yang Shuping directly leads the organization, specifically directs and implements most of the illegal and criminal activities, and coordinates afterwards as the representative of Haitai Company.
The scene of the second-instance judgment.
The court held
The Yueyang Lou District People's Court ruled in the first instance that Xie Jinhai was convicted of 9 counts, including organizing and leading a mafia-type organization, picking quarrels and provoking trouble, and forcing transactions, and sentenced him to 25 years' imprisonment, deprivation of political rights for 5 years, and confiscation of all personal property. Liu Tai was convicted of six crimes, including organizing and leading a mafia-type organization, picking quarrels and provoking trouble, and sentenced to 17 years' imprisonment, deprivation of political rights for four years, and confiscation of all personal property. Yang Shuping was convicted of seven counts, including leading a mafia-type organization, picking quarrels and provoking trouble, and intentionally destroying property, and was sentenced to 17 years' imprisonment, deprivation of political rights for three years, and confiscation of all personal property. The remaining persons were sentenced to prison terms ranging from twelve years to one year and four months.
After the first-instance judgment was pronounced, Xie Jinhai, Liu Tai, and Yang Shuping were dissatisfied and filed an appeal. The Yueyang Intermediate People's Court formed a collegial panel to conduct the trial in accordance with law. After reviewing the file materials, the appellants Xie Jinhai and Liu Tai were organized to hold a hearing, review the appeal requests and reasons of the other appellants, interrogate the other appellants, listen to the opinions of the defenders, and conduct a comprehensive review of the facts, evidence and applicable law determined at the first instance. After trial, the Yueyang Intermediate People's Court held that the facts found in the original judgment were clear, the evidence was credible and sufficient, the conviction was accurate, the sentence was appropriate, and the trial procedures were legal, so the above ruling was made.
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Source: Yueyang Evening News All Media Editor/Yan Jun
Comprehensive Yueyang Intermediate People's Court