Tan Jun, chief reporter of The Paper
Wang, who was supposed to be serving his sentence for the crime of intentional homicide in Hohhot No. 1 Prison in Inner Mongolia, has spent 7 years outside the prison, traveling, working, getting married, and having children.
Wang's impunity is similar to that of the 15-year sentence of "paper sentence" by the Hulunbeir man Batumeng exposed by Xinhua News Agency's "Ban Yue Tan" on September 3. Both have passed the "parole for medical treatment".
On August 24, the second-instance ruling issued by the Intermediate People’s Court of Tongliao City, Inner Mongolia Autonomous Region showed that five prison doctors participated in varying degrees of falsification of Wang’s 6 medical parole visits and 1 temporary execution outside prison. The critically ill prisoner Wang only "serves his sentence on paper."
The five prison doctors include: Wang Quanren, deputy director of the No. 4 Prison of Hohhot, Inner Mongolia, and deputy director of the First Hospital of the Prison Bureau, Gao Chuntao, director of the Department of Internal Medicine, the First Hospital of the Inner Mongolia Prison Administration Bureau, and the former Department of Preventive and Health Care of the First Hospital of the Inner Mongolia Prison Administration Bureau. Director Zhang Man, former physician Li Qifang of the First Hospital of Inner Mongolia Prison Administration Bureau, and Chen Hua, chief physician of the Emergency Department of the First Hospital of Inner Mongolia Prison Administration Bureau.
The court found that the defendants Wang Quanren, Gao Chuntao, Zhang Man, Li Qifang, and Chen Hua severely violated the relevant laws and regulations regarding the medical condition evaluation of criminals who did not meet the conditions of medical parole during the process of identifying the criminals Wang, Zou, and Zhuang. The conditional offender decides to seek medical treatment on parole or to extend medical treatment on parole.
Five persons were sentenced to imprisonment ranging from 3 years to 5 years and 6 months for dereliction of duty and abuse of power.
"The miraculous critical illness": 7 times of medical parole and execution of murderers outside prison
The criminal Wang Mou was sentenced to death by the Hohhot Intermediate Court on December 12, 2005 for the crime of intentional homicide, and he was sent to Hohhot No. 1 Prison on April 14, 2006 to serve his sentence.
On June 30, 2008, the High Court of the Inner Mongolia Autonomous Region ruled that he was reduced to life imprisonment.
On March 11, 2011, the High Court ruled that he was reduced to 15 years in prison.
According to the verdict, from April 1 to April 29, 2011, Wang was hospitalized in the Prison Bureau Hospital due to coronary heart disease-acute myocardial infarction, and cardiac function level II-III.
Due to Wang's serious condition, he needed a heart stent operation. On April 29, 2011, he was approved by the Autonomous Region Prison Administration Bureau to obtain medical parole (emergency insurance) for 6 months.
Since then, Wang has been granted medical parole six times and temporarily sent out of prison once. His activities have been outside the prison for up to 7 years.
During this period, Wang had to travel, work, get married and have children.
Medical bail is a measure of execution outside prison based on the relevant legal provisions of my country's Criminal Procedure Law.
According to the law, criminals sentenced to life imprisonment, fixed-term imprisonment, or criminal detention are “who are suffering from serious illnesses and are in danger of death in a short time”, “physical disabilities, who are unable to take care of themselves”, “aged and sick, and have been Loss of the possibility of harm to society" and other circumstances, can be granted parole for medical treatment.
At the same time, medical treatment on parole must go through a series of approval procedures. For example, it must be discussed and approved by the prison area, reported to the prison political department for review, and approved by the first trial. The disease identification of the offender is carried out by the prison sending someone to lead the offender to a designated hospital. According to the criminal’s condition, the relevant department doctors should be organized to set up an identification team of more than three persons, responsible for issuing identification documents, attaching certification documents such as diagnosis and auxiliary diagnosis, signing and sealing the identification documents, etc.
The Paper (www.thepaper.cn) combed through the judgment documents and found that Wang had obtained the key documents for multiple releases. It was the "Report on Critical Condition of Criminals Submitted by Prison Doctors after investigating his condition and treatment."
"Critical illness diagnosis" became Wang's "customs clearance", and finally obtained an important certificate for medical parole.
In the course of Wang's 7 times of medical parole and temporary sentence outside prison, there were dereliction of duty by prison doctors.
For example, during Wang's third renewal, prison doctor Zhang Man wrote the renewal outpatient medical record based on the investigation on October 31, 2012, but after more than two months, Zhang Man still relied on this renewal outpatient medical record The same diagnosis was issued, and the "Report on Critical Condition of the Criminal Appealing to the Offender for Medical Treatment on Parole" was added with the content of "The criminal is in a serious condition and has been hospitalized many times, but his condition has not improved. Continue to actively treat."
Zhang Man, Li Qifang, and others signed the report, and Wang Quanren signed “the condition is true” on the report.
However, Wang was not hospitalized in the hospital during the same period.
In the last dereliction of duty, Zhi Wang was renewed for 6 months on February 4, 2013.
During Wang's fourth renewal process, on May 7, 2013, Wang was diagnosed by the hospital where he was hospitalized and found that his condition had improved significantly, and when he was discharged from the hospital that same day, prison doctor Zhang Man followed the identification of his condition more than a month ago Circumstances issued the "Report on Critical Condition of Criminals Petitioning for Medical Parole", and added the content of "critical condition, life-threatening at any time".
On September 17, 2013, Wang received the fourth 6-month renewal.
In the process of medical parole, in addition to malfeasance, there are also corruption.
During Wang’s fifth medical parole, Wang’s family, Wang’s family, in order to get acquainted with Wang Quanren and ensure that Wang could go through medical parole smoothly, through the then Deputy Warden of Hohhot No. 3 Prison, Yang served a banquet to Wang Quanren, and prepared them in advance. The 50,000 yuan in cash was placed at the bottom of the wine box, and the remaining two bottles of Moutai were given to Wang Quanren to take away. After Wang Quanren discovered the money, he returned it to Wang XX.
Soon after, Wang Quanren asked Wang for help in order to help his daughter complete the task of saving the bank. Wang bought 200,000 yuan of treasury bonds at the University East Road branch of the Bank of China in Hohhot where Wang Quanren's daughter worked, as Wang Quanren's daughter.
About the same year before the Mid-Autumn Festival, Wang Moumou sent a box of Moutai to Wang Quanren's daughter as a holiday gift to Wang Quanren.
Afterwards, Wang was not hospitalized in any hospital during the sixth review of medical parole, and the prison doctor still issued a critical illness report.
During the seventh execution of the temporary sentence outside prison, on March 19, 2015, as Wang’s attending physician, Gao Chuntao issued a critical illness report without conducting any investigation, and concluded that “the patient is currently in critical condition and is in critical condition at any time. It is concluded that there is a possibility of sudden death, and the report is critically ill. The Legal Affairs Division of the Prison Administration Bureau believes that the "Report on the Critical Condition of the Petition Criminal" issued by the Prison Bureau Hospital on March 19 is too long to be used. Gao Chuntao again on April 29 Issued the "Report on the Critical Condition of Petitioning Criminals" with the same diagnosis but changed basis, and Wang Quanren signed "The condition is true."
On April 30, 2015, the Prison Administration decided to temporarily imprison Wang Mou.
After the incident, according to the Inner Mongolia Autonomous Region Health Committee’s reply letter and expert opinions on Wang’s condition, it was confirmed that Wang did not reach the level of critical illness (life-threatening at any time) from October 2011 to 2015.
Wang admitted that he had falsified medical records.
Banquet of the sister of the criminal: Diagnosed "life is in danger at any time", but the criminal is discharged from the hospital to recuperate at home
In addition to Wang’s illegal medical treatment case, Wang Quanren and others also involved criminals Zou and Zhuang’s illegal medical treatment case.
The criminal Zou Mou was sentenced to life imprisonment by the Beijing Higher People's Court on September 15, 2009 for the crime of letter of credit fraud and contract fraud. He was sent to Hohhot No. 1 Prison on October 28 that year to serve his sentence.
On April 20, 2012, the High Court of the Inner Mongolia Autonomous Region ruled that it was reduced to 14 years in prison and deprived of political rights for four years.
On January 24, 2014, the Hohhot Intermediate Court ruled that the sentence was reduced by one year and six months.
The paper combed and found that Zou was allowed to renew the insurance three times in a row, 6 months each time, after being approved for medical treatment outside of parole in May 2013 for 3 months until November 2014.
During each renewal and inspection of the condition, the inspectors accepted a banquet from Zou's sister.
"The patient is currently in a critical condition and has been notified of a critical illness", "Life is in danger at any time" and other opinions were subsequently written by Zhang Man, Gao Chuntao and others in the "Report on the Critical Condition of the Petition Criminal", and Wang Quanren signed the report "Illness" true".
For example, on February 13, 2014, during the second renewal process, Zhang Man issued the same diagnosis based on the outpatient medical record he wrote, and added the "Petition for Criminals" with the opinion that "the patient is currently in critical condition and is in danger of life at any time" Critical Illness Report", at this time the criminal Zou had been discharged from the hospital to recuperate at home.
After the incident, the Inner Mongolia Autonomous Region Health Commission’s reply and expert opinions on consulting medical experts on Zou’s condition confirmed that Zou had a low risk of death from cardiovascular disease from 2013 to 2015, and diabetes did not cause short-term There is an acute life-threatening complication.
Doctor Du from Tongliao City Hospital who diagnosed Zou said that his critical illness notice issued on January 17, 2014 was issued by the prison inspection team.
The other criminal involved in the case, Zhuang, was sentenced to death by the Inner Mongolia Autonomous Region High Court on November 16, 2006 for the crime of intentional homicide and illegal possession of guns. On January 6, 2007, he was sent to Hohhot No. 1 Prison to serve the last three times. Commutation.
From February 2013 to August 2014, Zhuang went to a doctor for three times on bail for "critical illness, life-threatening at any time", once for 6 months and twice for 1 year. The Inner Mongolia Autonomous Region Health Committee consulted a medical expert on Zhuang’s condition The reply to the opinion and the expert opinion believes that between 2012 and 2015, Zhuang’s disease did not reach life-threatening levels.
Several witnesses confirmed that Wang Quanren had accepted a banquet from Zhuang's relatives and received property.
Prison doctor sentenced: criminals travel to work, get married and have children, the impact is particularly bad
According to the judgment document, after the case of Wang Quanren and other five prison doctors dereliction of duty, in June 2019, the five people were detained by the People's Procuratorate of the Inner Mongolia Autonomous Region.
On November 1, 2019, the Naiman Banner People’s Procuratorate charged the defendant Wang Quanren with dereliction of duty, and the defendants Gao Chuntao, Zhang Man, Li Qifang, and Chen Hua guilty of abuse of power, and filed a public prosecution with the court.
The People’s Court of Naiman Banner held that Wang and Zhuang were sentenced to death with a two-year suspension of execution, and Zou was sentenced to life imprisonment for the three felons. When the remaining sentence of execution is longer than seven years, only emergency guarantee is available. Only criminals with life-threatening conditions can get medical treatment on bail. However, Wang was on bail for 7 years, and the remaining two charges were kept on bail for more than a year. Wang went to travel, work, get married and have children while on bail, which seriously damaged judicial credibility and hindered him. The fairness and justice of the execution of penalties undermined the uniform and correct implementation of the law, caused heavy losses to the interests of the country and the people, and caused particularly bad social impacts. The circumstances were particularly serious.
Defendant Wang Quanren, as a staff member of a state agency, was serving as the vice president of the Prison Bureau Hospital in charge of medical treatment and medical condition appraisal. He accepted banquets and property from relatives of criminals, practiced favoritism, and violated the relevant laws and regulations and related rules of medical condition appraisal. Or improperly or inconscientiously performing duties, negligence of duty, causing a particularly bad social impact, and their behavior constitutes the crime of negligence; the defendants Gao Chuntao, Zhang Man, Li Qifang, Chen Hua, as state officials, seriously violated the criminal’s medical condition Appraisal of relevant laws, regulations and procedures and related rules and regulations, abuse of power, the circumstances are particularly serious, and Gao Chuntao and Zhang Man accepted banquets from the criminals’ relatives during the process of the criminal’s medical condition identification process. The four defendants’ behaviors constituted abuse of power. crime.
On April 1, 2020, the Naiman Banner People’s Court found that the defendant Wang Quanren was guilty of dereliction of duty and sentenced to five and six months’ imprisonment; the defendants Gao Chuntao, Zhang Man, Li Qifang, and Chen Hua were guilty of abuse of power, respectively Sentenced to five years, five years, three years, three months, and three years in prison.
After the sentence was pronounced, Gao, Zhang, and Chen refused to accept and filed an appeal.
The court of second instance did not accept the appellant's request for a lighter sentence.
On July 17, 2020, the Tongliao Intermediate People's Court ruled in the second instance: to reject the appeal and uphold the original judgment.
Prison system rectification: the political commissar was demoted and the officials of the Prison Administration Bureau were dismissed
The procedure of "serving a sentence on paper" in the form of obtaining medical parole is not simple, and there are many links that need to be cleared.
The Paper noted that among the leading cadres who were dismissed from the prison system in Inner Mongolia, some have been held accountable for the issue of prisoners seeking medical treatment outside the country.
On December 29, 2019, the Inner Mongolia Commission for Discipline Inspection issued a news: Approved by the Inner Mongolia Autonomous Region Party Committee, the Inner Mongolia Autonomous Region Commission for Discipline Inspection conducted a case review and investigation on Jiang Heping, former deputy secretary of the Party Committee of the Inner Mongolia Autonomous Region Prison Administration Bureau and political commissar, and decided Jiang Heping was given a sanction of expulsion from the party and dismissal from government affairs, and was demoted from deputy department level to a third-level chief staff member; his disciplinary and illegal gains were confiscated.
According to the official report, one of the important reasons for Jiang Heping's investigation and punishment was "incorrect performance of his duties, and the main leadership responsibility for the three criminals who were on parole for medical treatment and temporarily placed outside prison."
The prison involved in the incident is also carrying out rectification and warning education.
According to the article on the official website of the Inner Mongolia Department of Justice on August 26, 2020, "Hohhot No. 1 Prison Launches Special Warning Education for Promoting Reform by Cases", on the morning of August 24, 2020, Hohhot No. 1 Prison carried out the "Promoting Reform by Cases" with the Wang Yunhong case. "Special warning education", this is the third warning education carried out by the prison specifically based on the Wang Yunhong case.
The meeting pointed out that Wang Yunhong’s case not only reflected the low political position of individual prison leaders and civilian police staff, loss of ideals and beliefs, weak legal awareness, ties with criminals, unclear relationships, illegal receipt of family gifts, acceptance of family banquets, and violations of regulations. The ugly phenomenon of criminals passing on prohibited items also reflects the many problems in prisons in the past in terms of system implementation, strict management, and disciplinary supervision. In particular, the prison police and related staff involved in this case have touched the bottom line of the law and lost their jobs. Ethics, failure to perform duties seriously, serious irresponsibility for work, negligence of duty, even private fraud, fraud, and boldness, leading to Wang Yunhong's illegal commutation of punishment, illegal medical parole, and temporary execution outside prison.
In Hohhot No. 1 Prison, 4 policemen were punished by the party and government for Wang Yunhong's case, and 3 policemen were warned to talk.
On June 22, 2020, the Commission for Discipline Inspection of the Inner Mongolia Autonomous Region issued two announcements at the same time: Xu Hongguang, the former director of the Inner Mongolia Autonomous Region Prison Administration Bureau, and Lian Tianjun, the former deputy inspector of the Inner Mongolia Autonomous Region Prison Administration Bureau, are suspected of serious violations of discipline and law and are accepting discipline. Review and monitor investigations.
The Paper combed through public information and found that Lian Tianjun is Xu Hongguang's old subordinate. Both have retired. Xu Hongguang has only retired for 3 months, and Lian Tianjun has retired for more than 3 years.
Public information shows that Xu Hongguang served as a member of the Party Committee and deputy director of the Judicial Department of the Inner Mongolia Autonomous Region in April 2011, and concurrently served as the deputy secretary and director of the Party Committee of the Autonomous Region Prison Administration Bureau in November 2015.
In May 2016, he was clearly appointed as the main department level and retired in March this year.
Lian Tianjun has worked in the prison system for a long time. In February 2015, he served as the Deputy Inspector of the Inner Mongolia Autonomous Region Prison Administration Bureau. He retired in December 2016.
Rethinking the status quo: why the illegal commutation, parole, and medical parole are not stopped after repeated prohibitions
The Paper found that judicial organs have conducted strict investigations on illegal commutation, parole, and medical parole in recent years.
As early as May 2004 to January 2005, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly carried out special inspection activities for commutation, parole, and medical treatment on parole, to clear and correct cases of commutation, parole, and medical treatment on bail in recent years, and to investigate and deal with a number of illegal cases. Sentence commutation, parole, and medical bail cases have further safeguarded the fair implementation of the law.
On June 24, 2014, Li Rulin, then deputy chief procurator of the Supreme People’s Procuratorate, emphasized at the national procuratorial organ’s procuratorial work symposium that it is necessary to resolutely investigate and deal with issues such as “withdrawing money from prison”, illegally applying for medical parole, etc. Special procuratorial activities for commutation, parole, and temporary execution outside prison were made.
In fact, in the special activities of commutation, parole, and temporary execution outside prison that were carried out in the prison system on February 25, 2014, the criminal Wang had been put in prison according to law until he was hospitalized in the prison bureau hospital on July 10, 2014.
But then, Wang was still allowed to go outside for medical treatment.
"China Discipline Inspection and Supervision News" once published an article saying that for a long time, prisons have been closed and lack of information, which has led to lack of supervision and unconstrained power.
One of the main reasons for corruption in penal execution in current prisons is the lack of public information on prison affairs.
The prison has always been in a micro-environment relatively isolated from society. It is precisely because of this specific environment that the public is less concerned and supervised.
In recent years, the chief (secretary) of the prison administration has been dismissed frequently. The key reason is that the power is not restricted.
On June 17, 2015, Zhong Shifan, the former party secretary and political commissar of the Prison Administration Bureau of Guangxi Zhuang Autonomous Region, was filed for investigation.
In 2011, Liu Wanqing, the former director of the Hunan Provincial Prison Administration Bureau, was sentenced to life imprisonment and confiscated all personal property for several crimes, such as the crime of accepting bribes and the crime of a huge amount of property with unknown sources.
In 2010, Tian Feng, the former director of the Zhejiang Provincial Prison Administration, was sentenced to 7 years for taking bribes.
The dismissal of the directors (secretaries) of these provincial prison administrations has all hit the pain points of prison management: power is too concentrated and unconstrained, and the leader can apply for medical parole in violation of regulations by saying hello, and the sentence can be commuted with a single hint.
The above article pointed out that, judging from the situation exposed in some cases, there are some phenomena: the procuratorate in the prison that exercises supervision over prison law enforcement, most of the cases accepted are "sitting at home and waiting for someone to report the case". In the past, the court accepted commutation, Parole cases are also mainly "seeing materials", "reviewing materials", and "making a ruling on materials."
Some scholars have pointed out that the power to commute sentences in some places has been abused by the prison administration.
A prosecutor stationed in a certain province also stated that some local procuratorate personnel are mostly unfamiliar with the objects of the prison's proposal for commutation and parole. They mainly read the materials and listen to the prison staff reading the materials, and it is difficult to identify the water.
Why do illegal commutation, parole, and medical parole have been repeatedly prohibited?
Related issues have also attracted great attention from the central political and legal department.
On July 8, 2020, the national political and legal team education and rectification pilot work was launched. Education and rectification should be carried out in the political and legal system, and a self-revolution of bone scraping and drug treatment will be carried out to ensure that the political and legal team is absolutely loyal, absolutely pure, and absolutely reliable.
The pilot work pointed to six stubborn diseases, one of which is commutation of sentences for violations of laws and regulations, parole, and temporary execution outside prison.