Prison "mobile phone situation": the black boss posted a circle of friends in prison, and criminals used mobile phones to sell drugs and hunt pornography

  While serving his sentence, the "black boss" Wang Shibing used bribes to pave the way, and prison guards brought him mobile phones, bank cards, cash and more than 400 kilograms of liquor into prison.

The criminal who used his cell phone to post to Moments in prison was also commuted twice for “active reform”.

A few days ago, The Paper (www.thepaper.cn) reported this bizarre "mobile phone case" in Jingzhou Prison, Hubei.

  According to relevant people familiar with the matter, also in Jingzhou Prison, a criminal used his mobile phone to direct the drug trade during his sentence, making 297 calls and committing a major case of smuggling and transporting drugs.

  The papers obtained by The Paper show that on the same day that the prison guard Xu in the “Wang Shibing case” was sentenced, the Hubei Jingzhou Intermediate Court made a second-instance ruling on the aforementioned “mobile phone drug trafficking case”: prison guards Yang Weijun and Zhang Wu were convicted of negligence of duty He was sentenced to two years and six months in prison and one year and six months.

  For criminals serving sentences, mobile phones are prohibited items that cannot be brought into prison and used.

The Paper Searching 20 cases judged by local courts since 2016 show that mobile phone violation cases in prisons have occurred from time to time. Most of the cases show the characteristics of "mobile phone rent-seeking". Many prison guards have received benefits for private possession of prisoners. Use mobile phones to conceal, not report or downgrade, and provide help for criminals to declare and reduce their sentences as usual; some provide criminals with mobile phone calls, and some even recharge their mobile phone bills.

  Lawyer Wang Fu, a partner of Beijing Xinbang Law Firm, believes that in the era of technology-driven social development, a mobile phone has not only a call function, but a "small society" can be built through various applications. In the hands of criminals with IQ, the severity of the consequences may be beyond imagination, so that the criminals in prison are enough to harm society.

  "In recent years, the prison administration has increased its management of contraband such as mobile phones at an unprecedented level. However, it is worth noting that the management of contraband in prisons is still within the scope of the adjustment of the prison's internal system and disciplinary regulations. In the long run, it is implemented through the formulation of the prison law. Detailed regulations, such as detailed rules and regulations, scientific argumentation on the types of prisons prohibited, supervision and penalty rules, and detailed regulations should be the general trend and a permanent solution." Wang Fu said.

In a major drug trafficking case, the commander is hiding in prison

  On January 17, 2019, the Public Security Bureau of Public Security County of Hubei Province cracked a major case of smuggling and transporting drugs. More than 60 kilograms (60883.80 grams) of methamphetamine (meth) and methamphetamine tablets (commonly known as "maguo") were seized on the spot. 1149.27 grams.

  The results of the police investigation were astonishing: the commander of this drug trafficking case turned out to be a criminal Chen Moujun serving his sentence in Jingzhou Prison.

  Why can criminals serving sentences direct drug trafficking?

The answer is: mobile phones.

  According to the judgment of the People’s Court of Jianli County, Hubei Province: From November 2017 to January 2019, Chen Moujun, a convict serving a sentence in the 9th cell of the second sub-district of Jingzhou Prison, obtained a mobile phone illegally during his sentence and used two mobile phone cards. Frequently communicated with the outside world by means of text messages, phone calls, WeChat and other communication methods. At the same time, he lent his mobile phone to multiple inmates in the same cell and in different cells.

  From September 1, 2018 to January 17, 2019, Chen Moujun used two mobile phone numbers to make 297 calls with the outside world, of which a single call lasted 69 minutes.

Especially during this period, Mr. Chen spoke with Zhou, Yang, and Guo outside the prison for 52 times, organizing and arranging smuggling and transportation of drugs.

Until the Hubei Public Security County Public Security Bureau cracked the case of drug smuggling and transportation.

  The investigation revealed that the drugs smuggled and transported by Chen and others were huge, and the smuggled and transported drugs from abroad to Jingzhou had seriously harmed the society.

On December 10, 2019, the Jingzhou Intermediate People's Court sentenced Chen to the death penalty for the crime of smuggling and transporting drugs, deprived of political rights for life, and confiscated all personal property.

Falsified prison clearance records for inspection by superiors, two prison guards were sentenced

  How did Chen Moujun get the phone?

The verdict shows that the circumstances have not been investigated.

However, the dereliction of duty and malfeasance of prison guards exposed in it is alarming.

After that, Jingzhou Prison guards Yang Weijun and Zhang Wu were investigated.

  According to the court’s judgment, from November 2017 to January 2019, Yang Weijun and Zhang Wu, as the police officers in the second division of the sixth prison area of ​​Jingzhou Prison, did not earnestly perform the duties of the Hubei Provincial Prison Administration Bureau of Prison Duty Police during their duty. According to the relevant regulations, it has not been discovered that Chen Moujun has held and used a mobile phone for a long time, especially during the period of duty from September 2018 to January 2019, Chen Moujun used his mobile phone to contact his colleagues Yang, Zhou and Guo many times. Undiscovered.

  Yang Weijun, as the policeman responsible for the package group of the 9 prisons in the second sub-division of the sixth prison area, is responsible for the daily management of the criminals in the 9 prisons and the “three guarantees” (including a package, a package area, and a package inspection) of the "two violations". In accordance with the regulations, the requirement to clear the prison room once a week is implemented, and the prohibited and illegal items in the prison room are not inspected for a long time according to the regulations, and the clearance record is forged in response to the inspection by the superior. The concurrent use of mobile phones has not been discovered, which has resulted in Chen Moujun being able to use mobile phones normally for a long time and successfully use mobile phones to organize smuggling and transportation of drugs.

  The court also found that from May 2018 to January 2019, Zhang Wu served as the policeman responsible for the package group of the first cell in the second sub-division of the sixth prison. Connect the power supply to charge the phone.

At the same time, Chen Moujun frequently placed his mobile phone in cell 1 and was charged by Huang.

Zhang Wu also failed to implement the requirement to clear the prison room once a week, and did not follow the regulations to check the contraband and illegal products in the prison room for a long time, and forged the clearance record to respond to the inspection by the superior, resulting in the above situation. Can be found, which led to Chen's long-term normal use of mobile phones, smoothly using mobile phones to organize smuggling and transportation of drugs.

  On December 27, 2019, the People's Court of Jianli County, Hubei Province, in the first instance sentenced the defendants Yang Weijun and Zhang Wu to dereliction of duty and sentenced them to two years and six months and one year and six months respectively.

After the sentence was pronounced, the two refused to accept the appeal.

  The second instance of Jingzhou Intermediate Court held that Yang Weijun and Zhang Wu, as judicial staff of the national penalty enforcement agency, had seriously neglected their duties in the execution of penalties and the supervision of criminals. They failed to clear prisons in a timely manner as required and fulfilled their duties of discipline. It was one of the criminals who used his mobile phone to organize outside prisoners to commit major drug crimes, which severely endangered society, severely damaged the image of the national penalty enforcement agency, and caused bad social impact.

  On July 8, 2020, the Jingzhou Intermediate Court ruled in the second instance: to reject the appeal and uphold the original judgment.

"Mobile phone cases" occur frequently in prisons, and some prison guards also charge up phone bills for criminals

  It is not an isolated case that criminals serving sentences use their mobile phones to direct drug trafficking in prisons.

  According to the verdict released by the court, in the second half of 2014, a “mobile phone crime” in Chishan Prison was investigated and dealt with in Yiyang, Hunan, including the former chief of the investigation section of the prison, the chief of the health department and the former vice president of the prison hospital. Many prison staff in the prison knew that Gu, a prisoner in prison, hid and used mobile phones privately, and neither did they follow the law and regulations, nor did they report to prison leaders or relevant regulatory authorities.

On the contrary, Liu Xukun, the former vice president of the prison hospital, helped Gu pay the phone bill twice.

Later, Gu used his mobile phone to direct people outside the prison such as Lu and Wang to sell and transport more than 5,000 grams of methamphetamine.

Between 2015 and 2018, the above-mentioned prison staff were sentenced by the court.

  There have been many "mobile phone cases" in prisons in recent years and have received widespread attention.

  On November 3, The Paper reported that Wang Shibing, the “boss” of a triad organization, was serving his sentence in Jingzhou Prison. He bribed five prison guards to weave a network of connections for him. The prison guards gave him the green light to reduce his sentence. Bringing mobile phones, bank cards, large amounts of cash and more than 400 kilograms of liquor into prison led to the proliferation of contraband in the prison, and there were endless incidents of violations of laws and disciplines.

While serving his sentence in prison, Wang Shibing often used his mobile phone to post photos of prisoners gathering to drink in WeChat Moments. He released more than 600 Moments messages, triggering thousands of comments.

Such a prisoner even received praise from the prison, the title of meritorious and active reformer, and successfully reduced his sentence.

  As early as January 2015, the media exposed the fraud scandal of detainees in Nehe Prison, Heilongjiang Province: The prisoner Wang Dong used mobile WeChat and other tools to chat and communicate with multiple women. After gaining the trust of the other party, he defrauded the victim of a total of 110 thousand money. Thousand yuan.

In addition, he obtained a nude photo of a woman whose husband could not bear the threat of harassment and reported it to the Nehe Prison and the prosecution system, causing the crime.

  After the report was published, Heilongjiang Provincial Department of Justice and Provincial Prison Administration formed a joint investigation team and stationed in Nehe Prison.

A week later, 14 people, including Nehe Prison Party Secretary and Warden Gao Qingxiang, and Political Commissar Yang Fuzhi, were dismissed and removed. Another 4 police officers were filed for investigation on suspicion of abuse of power, negligence of duty, and bribery.

  On March 31, 2018, the media reported that Zhang Junbo, a prisoner in Heilongjiang Mudanjiang Prison, used his mobile phone to chat online and defrauded a woman of millions of dollars. Several prison guards were dealt with.

The relevant person in charge of Mudanjiang Prison once responded to this matter, saying, "It can happen, indicating that there are loopholes in the management of our prison, and we should reflect on it."

  On April 3 of that year, the Heilongjiang Provincial Department of Justice notified through its official website that 14 policemen were dealt with for being involved in this case and 7 were held criminally responsible.

How should prisons manage mobile phones?

  According to Lawyer Wang Fu, a partner of Beijing Xinbang Law Firm, Article 18 of my country's "Prison Law" stipulates that "criminals should be strictly inspected when they are placed in prison. Non-essential items should be kept by the prison or the prisoner's consent should be obtained. Return to their family members, and the contraband will be confiscated." Contrabands are items that are strictly prohibited for criminals serving prison sentences, such as cash, drugs, mobile phones, etc. If not prohibited, they will undoubtedly interfere with and hinder the prison management and the order of criminal reform.

The external communications of criminals serving sentences are subject to supervision in accordance with the law, so mobile phones are naturally prohibited.

  A person familiar with the matter said that high-IQ criminals serving sentences in prisons are difficult to manage. Once a mobile phone is in hand, the risk of illegal crimes increases sharply.

In fact, from legislation to local judicial administrative departments, prison administrations, and then to prisons, there are strict systems for prison order and contraband management.

Private possession and use of mobile phones by criminals serving sentences in prisons are serious violations of discipline and higher than general violations of discipline. Once found, they will not only be imprisoned, but will also directly affect the reduction of sentences.

  As early as 2006, the Ministry of Justice promulgated the "Provisions on Strengthening the Security and Stability of Prisons" expressly stipulating that "Anyone who hides or uses mobile phones, hides or consumes drugs shall be punished by confinement, and within two years from the day the confinement is lifted No request for commutation or parole (except for those with significant meritorious service)."

  In November 2009, the Ministry of Justice issued the "Regulations on Strengthening the Security Management of Prisons", which proposed that "prisons should install mobile phone signal shielding devices", while requiring strict implementation of the contraband inventory system to prevent criminals from holding mobile phones, drugs, cash and other contraband .

In terms of strict police management requirements, “a police cell phone storage counter should be set up outside the prison gate, and police ranks shall be cancelled for all people’s police who bring their cell phones into the prison.”

  However, the 20 cases searched by The Paper show that most of the mobile phone violation cases in prisons show the characteristics of "mobile phone rent-seeking". Many prison guards have received benefits and treated criminals serving sentences privately, using mobile phones to conceal or not report or downgrade. , And also provide help for criminals to declare and commute their sentences as usual; some provide criminals with mobile phone calls, and some even recharge their mobile phone bills.

  How did the mobile phone break through the layers of prevention and be taken into prison and into the hands of criminals serving sentences?

Among the above 20 cases, except for two cases where it was clearly determined that prison guards were convicted of prisoners carrying mobile phones into prison, in the remaining cases, how the mobile phones were brought into the prison and who brought them into the prison were not mentioned, and some showed that they were not investigated. .

  On January 29, 2015, in response to the internal management problems exposed in the Nehe Prison case, the Ministry of Justice deployed a nationwide rectification of prisons, and deployed a special collection of contraband and illegal substances and a special project of "strictly disciplined and strict performance" in prison drug rehabilitation centers across the country. Education and other activities.

Focus on confiscating mobile phones, cash, drugs and other contraband.

  On March 30 of that year, the Ministry of Justice issued the "Regulations on Effectively Strengthening the Management of Prohibited Articles in Prisons and Compulsory Drug Rehabilitation Centers", and penalties "increased" for criminals who secretly hide contraband.

It clearly stipulates that “criminals who use prohibited items in private possession are violations of the Criminal Law and Prison Law, and no commutation or parole shall be submitted for three years.”

  The Ministry of Justice also requires that the country's prison drug rehabilitation centers should further strengthen the management of prison security guard facilities.

Speed ​​up the deployment of prison cell phone signal detection, alarm, tracking systems and cell phone signal automatic shielding systems to prevent security accidents caused by criminals holding cell phones.

  "In recent years, the prison management department of the Ministry of Justice has unprecedentedly increased the management of mobile phones and other contraband. In addition to the technical measures for blocking mobile phone signals in the prison area, prohibiting staff from bringing mobile phones into the prison area and other disciplinary requirements, the The penalties are also much more severe than before. It can be said that multiple lines of defense have been built.” Wang Fu said that with the emergence and upgrade of smart phones and wireless networks, more and more social functions are attached to mobile phones. Under normal logic, The more advanced the mobile phone, the more strictly prohibited the carrying and use of prisoners in prison.

However, in the face of individual corrupt prison managers, the more attractive the mobile phone, the more it can become an important tool for power rent-seeking.

  Wang Fu believes that prison contraband management is still within the scope of the adjustment of prison internal system and disciplinary regulations. From a long-term perspective, through the formulation of the "Prison Law" implementation rules and other regulations, scientific demonstration and detailed explanations on the types of prison prohibited categories, supervision and penalties Regulations should be the general trend and a permanent solution.