Wealth

Vol 5 Chapter 427: Twists and turns of the case

Why not? But there are no roads—" Chen Xiaoyang replied

After the villagers were arrested, the Xialin County Procuratorate accused Chen Honglie and five other villagers of defamation and filed a public prosecution in the Xialin County Court.

The court ruled that the five villagers including Chen Honglie deliberately fabricated and spread fictitious facts to damage the personality and reputation of others. The circumstances were serious, and their actions constituted a crime of defamation. Chen Honglie was sentenced to two years in prison, and the other four were sentenced to one year in prison.

Due to dissatisfaction with the court's decision, Chen Honglie and others filed an appeal on the grounds that the facts were found wrong in the original trial and the sentence was too heavy. As a result, the Xialin County Court made a retrial judgment. The court still held that the defamation facts were established, but this time the result of the judgment was that Chen Honglie and others were sentenced to six months of additional sentences.

After the verdict of the first instance of the retrial, the villager Chen Honglie and others were dissatisfied and appealed again to the Linjiang City Intermediate People's Court on the grounds that "this case is a private prosecution, and the prosecution by the procuratorial organ is a procedural violation, and the issues reflected are true and do not constitute a crime of defamation."

"What is the attitude of the Linjiang City Intermediate Court?" Fan Heng became very interested when the matter was asked.

Chen Xiaoyang told Fan Heng, “Linjiang Intermediate People's Court made a ruling and found that the Xialin County Court did not follow the relevant procedures, which was a procedural violation. It also ruled to revoke the first-instance judgment and return the case to the Xialin County Court for a new trial.”

"Well, the ruling of Linjiang City Court is correct." Fan Heng nodded affirmatively.

When the case was returned for retrial, relevant media reported on it.

In view of this, the relevant departments of Linjiang City established an inspection team on the case. Soon afterwards, the Xialin County Procuratorate applied to withdraw the lawsuit on the grounds of changes in facts and evidence, and Chen Honglie and other villagers were released on bail awaiting trial.

How long after that. The family members of the five villagers who were detained in the prison received notices from the judiciary asking them to provide the five people with a place of guaranty. But the family believes that Guo is guilty. The trial will be held. If not guilty. Let the case be withdrawn first. What's going on with the bail pending trial?

The county government of Xialin County sent people to communicate with the families of five villagers on many occasions. I hope they agree to release on bail pending trial first. After the person is released, we will discuss whether to withdraw the case. But the move was rejected by the families.

"Then what happened?" Fan Hyung asked next.

"Due to the situation. The bail is still pending." Chen Xiaoyang replied somewhat helplessly.

One of the villagers' brothers is the deputy director of the Forestry Bureau. Seeing that he did his job without clearing the customs department, he found his brother. Consider many factors. Finally the villager was released on bail. The guarantor is the Forestry Bureau. Another villager’s son works in the Education Bureau. The other guarantor is the Education Bureau. The other two villagers were also mobilized by relatives. Relatives only agreed to apply for bail pending trial.

Chen Honglie’s guarantor is the Water Resources Bureau because he has a brother-in-law who is engaged in well-digging business in the county. The Water Resources Bureau owed her brother-in-law a sum of money. Therefore, the Water Conservancy Bureau naturally became his guarantor.

"What's all this, absurd!" Fan Heng couldn't help snorting when he heard this.

"All in all, in order to get the bail pending trial as soon as possible, Xialin County has mobilized almost all their social relations." Chen Xiaoyang said to Fan Heng, "The guarantee provided by the Forestry Bureau, Education Bureau, Water Conservancy Bureau and other units is equivalent to outsiders or Xialin. The county government took the initiative to provide guarantees, which is not in line with the original intention of the legislation. The essence of the law is that the submission of the deposit and the guarantor must be the initiative of the applicant."

Fan Heng nodded and hesitated. The ins and outs of this matter are actually very simple, nothing more than the establishment of a private toll station in the village, and the internal disputes caused by the injustice of the distribution of the stolen goods. Judging from the performance of the Xialin County Procuratorate and the court, Beiwang Village The problem of privately setting up toll booths is not that simple. Otherwise, the attitude of the Linxian County Party Committee and the County Government, whether the procuratorate and the court, would seem a bit ambiguous.

The point in this case is that it is clearly a case of private prosecution, why does the procuratorial organ want to turn it into a case of public prosecution? According to the provisions of the Criminal Law and the Criminal Procedure Law, it is a basic principle that no additional penalty is imposed on appeals, but why did the court increase the penalties for five people when the court of second instance returned to the retrial?

The crime of defamation is a private prosecution, and the public security organ has no right to file a case, and the procuratorial organ has no right to initiate a public prosecution. Unless the behavior seriously violates social order or national interests, according to the provisions of the Criminal Law, even if the parties believe that their reputation has been damaged, they can only go directly to the court to prosecute themselves.

Private prosecution cases follow the path of public prosecution, and the trial is definitely wrong. Why did the Linjiang Intermediate Court, which is responsible for correcting wrong cases, go back to retrials twice instead of revising the judgment?

"The problem here is very big." Fan Hyung said to Song Qing after listening to the whole process.

As Chen Xiaoyang said, the issue of private toll stations in Beiwang Village is not just a matter for village officials. It is very likely that some people in the county are acting as umbrellas for them, and these people The energy can also affect the judicial justice in Linjiang City.

"What is the relationship between Chen Honglie and you?" Song Qing couldn't help asking Chen

sentence.

"Chen Honglie is my uncle, otherwise I wouldn't know it so clearly." Chen Xiaoyang replied.

Fan Heng nodded and said, "Okay, I already know about this. I will send someone to investigate the matter. When I need to cooperate, I will notify you again. It will not be easy to publicize for the time being."

Song Qing sent Chen Xiaoyang out, sent her to get off near Jiangnan Normal University, and then watched her walk back to the school before turning around.

Fan Heng was calling Fan Wuyin about this matter. When Song Qing came in, he greeted her, and then continued to talk to Fan Wuyin.

"This matter let me come, it's a bit of an overstepping——" Fan Wubing was watching the excitement on the Bailushan Reservoir. There was a relatively large construction activity today. He was sitting on a three-story large excavator watching The driver operated, and when he heard his father asked him to privately investigate the incident at the Beiwang Village toll station in Xialin County, he felt a bit weird, "Why don't you just send someone from the province to investigate? Why bother so much? of?"

Fan Heng replied, "I already have a crisis of confidence in the prosecutors in the province. Otherwise, why would I have thought of letting you go to the front station first?"

Although after the case and other piecemeal things, Fan Heng rectified the public, prosecutors and judicial teams in Jiangnan Province, but this action was mainly aimed at higher-level adjustments. What is the situation at the grassroots level is in his heart. I dare not have any expectations, especially when it comes to problems that may exist in the local government. Even if the local public prosecutors have different opinions, they may not dare to openly disobey the opinions of the county party committee and county government.

The most urgent task at the moment is to understand the specific situation of the Beiwang Village toll station, find out the root cause, and follow the vines to find the protective umbrella of a certain queen, so that the matter can be solved satisfactorily. Therefore, it is most convenient for people with Fan Wuyi to use it.

Of course, if they can use the hands of the Security Bureau, that would be the best. Unfortunately, they never interfere with these trivial matters. If it is not related to national security, even if they know that there are serious executives in the province. The corrupt behavior of the government is also ignored. This is a matter of principle.

Fan Hengfan was a little reluctant, so he added, "By the way, the girl who defended the grievances is very nice, calm and organized, and looks very, very pure. It's you. The type you like, if you investigate the matter, you will have the opportunity to contact her, or it will make her feel good about you."

After hearing these words, Fan Wubing was a little speechless. He replied for a long time, "Acting Governor Fan, you must pay attention to your identity when you speak! Your son, am I the kind of hungry person?!"

"Of course not. How could my son be so vulgar and indecent?" Fan Heng said sternly, "It's just that you seem to prefer to help beautiful girls get through a difficult situation."

Fan Wubing hung up the phone directly, thinking that his father is a bit unscrupulous now. It is estimated that the work pressure of being the governor is too much, and there is no one to communicate with. If you talk about it for a long time, you will inevitably feel that The spirit is depressed, so if you catch yourself, you have to vent it.

However, I can only help him deal with this matter. After all, my team in Jiangnan Province is also very large. It should not be difficult to investigate this kind of thing, especially in the county, which is almost always in the officialdom. It's a transparent matter. It's just a matter of concealing it from the top and deceiving the bottom. You can ask someone with a similar identity.

Fan Wuyi knows how to set up private toll stations. Although this kind of thing is coming out in the village~www.wuxiamtl.com~, the beneficiaries are definitely not just in the village, or even in the county. , Otherwise, how could this kind of thing last for several years without anyone intervening?

The official toll station in Beiwang Village, Xialin County is directly under the provincial government, and the fees collected are naturally directly used in the provincial finances, and have nothing to do with Xialin County or even Linjiang City. Therefore, Xialin County is also good. No matter Linjiang City, there is no interest in supporting them, which is why private toll stations like Beiwang Village can exist widely.

In fact, throughout the country, as long as there are toll booths, you can definitely find ways to evade tolls. There will also be the phenomenon of setting up private toll gates. The annual loss of charges in this area is more than that of toll stations. The amount that came up was much higher.

However, all the relatively large-scale private checkpoints have basically greeted the local government or are supported by strong people from the local government. Otherwise, they will not be able to afford to go around just to deal with the surprise inspections of the public security and law enforcement. , Where can I still sit there and divide the spoils?

Fan Wubing intuitively thought that the cadres in Xialin County couldn't get rid of the ties.

***********The second update is delivered today, still working on ***********

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