Behind the 15-year case of "serving the sentence on paper"

  Xinhua News Agency, Hohhot, September 7 -

Title: "paper prison" behind the 15-year case

  Xinhua News Agency "China Cyber ​​Affairs" reporter Liu Yide, Jia Lijun, Zou Jianpu, Ye Ziyan

  He was sentenced to 15 years’ imprisonment for the crime of intentional homicide, but he was only serving his sentence on paper and did not go to prison.

After that he was able to join the party and was elected Gachada (note: Gachada is the village director), and even elected as a representative to the Qi People's Congress.

This case has recently attracted wide public attention.

At present, a joint working group led by the Political and Legal Committee of the Party Committee of the Inner Mongolia Autonomous Region has arrived in Hulunbuir to conduct a comprehensive review and investigation of the case. However, behind this case, a series of doubts still need to be resolved...

"Served the sentence on paper" for 15 years and got the "Certificate of Release"

  A criminal verdict of the former Intermediate People’s Court of Hulunbuir League (note: now the Intermediate People’s Court of Hulunbuir City) on June 9, 1993 shows that at about 20 o’clock on May 12, 1992, a Pakistani under 18 years of age caused a quarrel. Tu Menghe stabbed Bai Yongchun, who was under 19 years old, 3 times.

After Batumenghe sent him to a doctor, he went to the police station to surrender.

Bai Yongchun died of hemorrhage caused by a ruptured heart.

  The court sentenced the defendant Batumenghe to intentional homicide and sentenced him to 15 years in prison and two years of deprivation of political rights.

After the verdict comes into effect, according to normal procedures, the offender Batumenghe should be sent to the prison to serve his sentence from the detention center of the Chen Barhu Banner Public Security Bureau.

  However, Batumenghe was not actually put to jail.

"Batumenghe hasn't even been in prison for a day!" Han Jie, the mother of the victim Bai Yongchun, said angrily.

  Reporters conducted various interviews and verified that after the court’s decision, Batumenghe went to the hospital for examination on the grounds of “body edema and blood in the urine”.

After the medical treatment, his mother and uncle went through the procedures for medical treatment on parole and became the guarantor.

According to the memories of several parties, this procedure was signed by several chief officials of the local political and legal organs.

  In this way, Batumenghe "regained freedom" from the Detention Center of the Chen Barhu Banner Public Security Bureau.

Since then, Batumenghe also failed to report to the police station in the place of residence and accept management in accordance with the regulations on medical treatment outside the bail.

  On May 13, 2007, 15 years after the incident occurred that year, Batumenghe and his mother once again came to the Detention Center of the Chen Barhu Banner Public Security Bureau.

They provided a verdict of the year, and an internal staff member of the detention center issued a certificate of full-term release and affixed his official seal.

  In this way, Batumenghe, who had not been in prison for a day, "served" his 15-year sentence on paper.

"This kind of case is really shocking"

  Batumenghe, who was "released after serving his sentence" in 2007, became active.

He first became an accountant in Gacha (village), then he was elected to Gachada, and then he joined the party and was elected as a representative of the Qi People's Congress.

  The victim, Bai Yongchun's mother, Han Jie, continued to reflect on Batumenghe's related issues.

In 2016, Han Jie's long-term reflection of the situation finally attracted the attention of the then leader of the Chen Barhu Banner Public Security Bureau.

  Chen Barhuqi, deputy banner chief and director of the Public Security Bureau, Lu Wenfeng, said that after learning about this situation, the then director of the Public Security Bureau Hasbagen and political commissar Shi Hongshan attached great importance to it, “because it was shocking that such cases could occur under the rule of law at the time , Really shocking."

  "After a preliminary investigation, it was found that this matter was true, and then a task force was set up to investigate. Later, the bureau party committee decided that the case should be handled. On January 4, 2017, the then bureau party committee met and decided that the political commissar Shi Hongshan Be the team leader to solve this case." Lu Wenfeng said.

  On April 7, 2017, the Chen Barhu Banner People’s Procuratorate issued a procuratorial proposal to the Chen Barhu Banner Public Security Bureau to imprison Batumenghe and execute the penalty; on April 10, the Hulunbuir Intermediate People’s Court decided to punish Batumenghe Go to prison.

  "After Batumenghe was taken into custody, the 36 people in Gacha he was in reported to the Qi Public Security Bureau on the third day." Lu Wenfeng said, "When they jointly named Batumeng and Ren Gachada, they embezzled and embezzled collective property. ."

  After investigation, during the period of Batumeng and Ren Gachada, they defrauded more than 245,000 yuan of grassland ecological award compensation funds, and instructed others to falsely list the award and compensation fund distribution form, and embezzled more than 282,000 yuan of grassland ecological award compensation funds from the Gacha collective pasture .

  According to a criminal verdict issued by the People’s Court of Chen Barhu Banner on June 14, 2018, the defendant Batumenghe was sentenced to 3 years in prison for committing corruption.

As Batumenghe had not served his sentence for the crime of intentional homicide, the court decided to punish Batumenghe for several crimes of intentional homicide and corruption, and decided to carry out a 15-year imprisonment (period from April 11, 2017) Until April 10, 2032), and fined 200,000 yuan, deprived of political rights for 2 years.

Although justice is here, the truth remains to be revealed

  Batumenghe finally paid the price for his criminal behavior.

However, for Han Jie, the mother who lost her son, things are far from over.

  "It's been almost 30 years. I didn't do anything. I just kept seeking justice for my younger son." Han Jie said. Now the criminal is serving his sentence, but who released him back then?

Who is responsible for this?

"I hope the relevant departments can find out these problems. This is also my last hope as a mother."

  Shi Hongshan, political commissar of the Public Security Bureau of Chen Baerhu Banner, stated that those who are detained in the detention center of public security organs must have a sentence of less than one year, and only if there is a serious illness and death may occur without the form of medical parole.

  Batumenghe was sentenced to 15 years’ imprisonment. On August 28, 1993, the former Intermediate People’s Court of Hulunbuir League had issued a notice of enforcement, and he should be sent to prison for punishment. However, the Chen Barhu Banner Public Security Bureau issued a notice in 1993. On September 28, 1999, Batumenghe was granted medical parole.

"This is a serious violation of the law. Because he is a 15-year prisoner of severe punishment, the Qi Public Security Bureau and the detention center have no right to apply for medical parole for him." Shi Hongshan said.

  Lu Wenfeng said frankly, "We have also held accountable some police officers, including some cadres, but in the entire case, I personally think that the accountability is not enough. Some criminals have not been brought to justice. This is the next step for our Commission for Discipline Inspection. The Supervisory Committee, including relevant departments, is a focus of work."

  A series of questions remain to be answered: Why did the procedures for medical treatment on parole that year achieve the effect similar to "one-time prescription, effective for life"?

Why is no one tracking and managing criminals on parole for medical treatment?

Why can criminals who have never served their sentences successfully obtained the "Certificate of Release"?

These issues need to be thoroughly investigated.

  At present, a joint working group led by the Political and Legal Committee of the Inner Mongolia Autonomous Region Party Committee and the Commission for Discipline Inspection, Court, Procuratorate, Public Security, Justice, Prison and other relevant departments has arrived in Hulunbuir to start work.

The relevant person in charge of the Political and Legal Committee of the Hulunbuir Municipal Party Committee stated that the city has also set up a special class to re-check and investigate the case.

  The above-mentioned two levels of political and legal departments stated that they will resolutely investigate relevant issues and return the victims to justice.

After the investigation is over, the relevant information will be announced to the public in a timely manner, and the relevant personnel will be seriously held accountable in accordance with the laws and regulations to respond to social concerns.