Ms. Zhang of Jilin City was detained for 126 days for allegedly defrauding a local developer. After that, the prosecutor made a decision not to prosecute.
On April 9, The Paper (www.thepaper.cn) learned from Ms. Zhang’s agent and lawyer Zhang Xinyu of Beijing Zhang Tieyan Law Firm that on the 6th, the People’s Procuratorate of Yongji County, Jilin City issued a "Criminal Compensation Case Initiation Decision" and decided File a case for review of the state compensation application submitted by Ms. Zhang.
The Jilin City Procuratorate's decision not to prosecute on January 9, 2020 shows that after the trial of the court, it was found that in 2011, Ms. Zhang met with Mr. Liu through someone else's introduction.
From April 2011 to April 2014, Ms. Zhang borrowed several times from Mr. Liu for the construction of Shangjia Jinyuan Community in Yongji County, and Mr. Liu successively repaid part of the principal and interest after borrowing.
During the loan period, Ms. Zhang and Yongji Branch of Shangjia Company successively signed commercial housing sales contracts. Yongji Branch of Shangjia Company successively issued 7.1 million yuan and 13.23 million yuan of housing purchase receipts, and went to the real estate department of Yongji County for advance notice registration.
Ms. Zhang filed a civil lawsuit with the Yongji County Court on May 19, 2014, requesting Shangjia Company and its branches to perform the house purchase and sale contract and handle the name transfer.
The Yongji County Court ruled to support Ms. Zhang's litigation request, and the court of second instance and the court of retrial both ruled to maintain the original judgment.
In July 2018, Mr. Liu handed over the keys to some of the real estate involved in the case to Ms. Zhang. The real estate involved has not been renamed and transferred so far.
Mr. Liu believed that the real estate involved in the case was mortgaged, not a real house sale, and accused Ms. Zhang of fraud. Later, the investigative agency transferred Ms. Zhang to the prosecutors for review and prosecution for suspected fraud.
The Jilin City Procuratorate believes that, based on the existing evidence, Ms. Zhang has no subjective purpose of illegally occupying other people's property, and objectively there is no act of fabricating facts to conceal the truth, and her behavior does not constitute a crime of fraud.
In accordance with the provisions of the first paragraph of Article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Ms. Zhang.
Ms. Zhang believes that the People's Procuratorate of Yongji County erroneously approved the arrest and should be liable for compensation in accordance with the law.
Attorney Zhang Xinyu told The Paper that according to Article 23 of the National Compensation Law, the compensation agency should make a decision on whether to compensate or not within two months from the date of receipt of the application.
The Paper News reporter Wang Xin internship generates Fang Xun