Pingdingshan City Procuratorate also admitted that there were mistakes and flaws in the case and there were lessons to be learned. Xu Xiaowei, Deputy Procurator-General of Pingdingshan City Procuratorate, said that although the personnel of the procuratorate were not held accountable, after the facts were ascertained, "those responsible should be held accountable and those who should be dealt with should be dealt with".
1. The prosecution said that it had returned the investigation twice.
Pingdingshan City Procuratorate said that there were many doubts in the case of Shi Jia Brothers as early as the investigation, review and prosecution stage. On May 6, 20 10 and August 26, 20 10, the hospital returned the case to the public security organ of Lushan County for supplementary investigation.
The two brothers will be convicted according to the investigation results.
The initial investigation of the case has been carried out, mainly from two aspects: the facts of the crime, the public security organs to carry out supplementary investigation; Because the two brothers said that there was a mole in Pingdingshan Branch of Zhongyuan Expressway, if there was a duty crime, the procuratorate would follow up in time.
"At present, it is imperative that when these two investigations exist, there are still many orphan certificates provided by my brothers, which need further verification." Xiao said, "As for how to determine the guilt of the brothers, we still need to judge according to the investigation results." On the afternoon of 201116, the Higher People's Court of Henan Province held a press conference to inform the media about the case of Shi Jianfeng and the investigation of relevant personnel. Tian and Sun Zhenmin, vice presidents of provincial courts, attended, and Guo Baozhen, president of Pingdingshan Intermediate People's Court, attended. President Shen Sheng of the Third Criminal Court of the Provincial Court and President Han of the Judicial Supervision Court attended the press conference. Yuan Hegang, spokesman of the provincial court, presided over the press conference.
Tian, vice president of the provincial court, informed Pingdingshan Intermediate People's Court about Ji Jianfeng's fraud case. After the verdict of Shi Jianfeng's fraud case, it aroused widespread concern and heated discussion in the media, and also attracted great attention from the party group of Henan Higher People's Court. 65438+ 10/3, President Zhang Liyong instructed the criminal court and the trial supervision court of the provincial court to intervene to understand the case. 201114, Li Yong, Zhang Zhiyuan, asked the vice president in charge of criminal and judicial supervision to call the criminal court and trial court of the provincial hospital to read the files and carefully examine them. On the evening of June 5438+1October 65438+May 5, President Zhang Liyong personally presided over the Judicial Committee of the Higher People's Court of Henan Province, listened to the report of Pingdingshan Intermediate People's Court on the case, studied and analyzed the case, and then held a party group meeting, and decided to organize and deal with the relevant responsible personnel. The relevant information is hereby notified as follows:
I. About the case
The Judicial Committee of the Provincial Court held that, according to the available evidence, Pingdingshan Intermediate People's Court found that Shi Jianfeng's criminal facts were unclear and the evidence was insufficient, which was mainly manifested in whether Shi Jianfeng participated in the crime, whether he committed a crime with others, and what his role and status were in the joint crime with others. In addition, Shi Junfeng, Shi Jianfeng's younger brother, surrendered himself to the public security organ last night and confessed that his brother took the rap for him. The case changed greatly. In view of this, the Judicial Committee of Henan Higher People's Court instructed Pingdingshan Intermediate People's Court to seriously hear the case and properly handle it.
Two. The progress of the case
Pingdingshan Intermediate People's Court promptly informed the public security and procuratorial organs of the defendant Shi Jianfeng's confession of his brother Shi Junfeng's participation in the joint crime. Public security and procuratorial organs attach great importance to it. Shi Junfeng, the criminal suspect, surrendered himself to the public security organ on the night of 15. In view of the major changes in the facts and evidence of this case, Pingdingshan Intermediate People's Court has suggested that Pingdingshan People's Procuratorate withdraw the prosecution.
III. Relevant accountability
The party group of the Higher People's Court of Henan Province believes that Pingdingshan Intermediate People's Court has some problems in the trial of Jianfeng's fraud case, such as lax review and lax control. The judgment damaged the image of the people's courts and people's judges, the dignity of the law and the credibility of the judiciary, and decided to investigate the responsibility of the relevant judges.
1. Lou Wei Yan, the presiding judge of Criminal Court No.1 of Pingdingshan Intermediate People's Court, did not carefully review the evidence in this case, and did not strictly control the customs. He was dismissed as an assistant judge, transferred from the trial post, trained and awaiting treatment.
2. Hou Xiaohong, the president of the Criminal Court of Pingdingshan Intermediate People's Court, has poor leadership and is mainly responsible for dereliction of duty. He ordered Pingdingshan Intermediate People's Court to request to remove Hou Xiaohong from the post of President of the First Criminal Court in accordance with legal procedures, receive training and wait for handling.
3. As the dean in charge, Ren Jianjun, vice president of Pingdingshan Intermediate People's Court, presided over the judicial committee and failed to perform his due duties. After consulting Pingdingshan Municipal Committee, he was suspended for inspection.
4. Guo Baozhen, Dean of Pingdingshan Intermediate People's Court, as the dean, is responsible for the whole hospital. The management of cadre education and training is not in place, talk to him.
5. Instruct Pingdingshan Intermediate People's Court to write an inspection to the provincial court and Pingdingshan Municipal Committee, and submit it to Pingdingshan Intermediate People's Court informed criticism.
Guo Baozhen, president of Pingdingshan Intermediate People's Court, respectively explained the problems existing in Shi Jianfeng's fraud case, the progress of the case and the accountability of relevant judges.
The case of fee evasion mainly occurred in expressway Xiatang Toll Station of Zhengyao. The testimony of Li, a staff member of the station, shows that one day in May 2008, a man who claimed to be an armed police detachment of Xuchang City came to the station, saying that his troops were engaged in civil works, and two military vehicles had to go through the Tang toll station for free passage. The license plates of the two vehicles are "WJ 19-30055" and "WJ 19-30056" respectively.
After asking the leaders of Pingdingshan Branch for instructions, Xiatang Toll Station listed two military green Steyr rear eight-wheeled dump trucks as free vehicles. Li said that at that time, there was no condition to confirm the authenticity of the procedures provided by the other party, and the required "three certificates and one form" were all perfect.
The staff of Xiatang Toll Station found that until the end of 2008, the two cars were still in Sarah, entering and leaving Xiatang Toll Station. According to past experience, the staff members have doubts about the authenticity of these two military vehicles. They reported the situation to Pingdingshan Branch, which in turn reported to the provincial company, which coordinated with the Henan Armed Police Corps through the Provincial Governance Office.
On June 5438+ 10, 2009, the Henan Armed Police Corps sent a military inspection department to take away two military vehicles and their drivers in Xiatang section of expressway, Zheng Yao. In June of the same year, the headquarters of the Garrison of the Provincial Armed Police Corps issued a certificate that the two trucks were counterfeit armed police vehicles. After receiving the certificate, Yao Zheng expressway's management company Henan Zhongyuan expressway Co., Ltd. reported the case. It is understood that two trucks have a nuclear load of 25 tons, which will be overloaded by about 150% under normal circumstances. When traveling empty, you need to pay the toll around 200 yuan, and the amount of payment under load depends on the load. According to the traffic information statistics released by expressway Networked Monitoring Toll Communication Service Co., Ltd., from May 4 to June 2008, 65438+ 10/,two cars * * * made 236 1 time, and the total amount of evasion was RMB 3.682 million.
On June 5438+February 18, 2009, Shimou, the owner of two cars, was detained on suspicion of fraud and arrested on October 22, 2065. Shimou confessed that his two cars were purchased in installments in the name of others in a sales company in Xuchang. After buying a car, Shimou saw a phone call for handling fake military vehicles on the roadside in Cangzhou, so he contacted and handled two fake military cards, bought fake military uniforms, and handled fake military vehicle driving licenses and driver's licenses, all in the name of Xuchang detachment of Henan Armed Police Corps.
Shi confessed that in order to make more money, he changed the car into a fake military vehicle without paying the high-speed toll. He started pulling sand stones in May 2008, basically running the route from Lushan Xiatang to Xuchang Changge, and occasionally running down the pond to Yuzhou. From May 2008 to June 2009, I ran 5438+ 10, two or three times a day.
At that time, he confessed that he had been changing drivers because he was afraid of being seen by the toll booth staff. Each driver has only been driving for about a month, and his salary is higher than that of ordinary drivers.
So during this period, how much did Shimou profit from using fake military vehicles? According to Shi, he probably earned more than 200,000 yuan in a few months. However, the court's trial mainly focused on the evaded tolls and did not further verify them.
A driver confirmed that Shimou had taken him to take photos in camouflage uniforms in changge city, and also brought a fake soldier's ID card and a fake military vehicle driver's license to match him with a sports car.