How can there be a record of drug trafficking in a place that has never been visited?
Yueqing, Zhejiang: Supplementary investigation and correction of a case of fraudulent use of identity information
Fan Yuehong Zheng Peina
If he hadn't applied for an online car-hailing service, the 38-year-old Long would have no idea that he had an 18-year criminal record.
It was also his call for help that allowed the prosecutor of the Yueqing City Procuratorate of Zhejiang Province to supervise the performance of his duties according to law to restore the truth when the impostor refused to cooperate.
Recently, Long Mou, who finally found a job, immediately called the prosecutor handling the case to express his gratitude.
Inexplicably carrying drug records
At the beginning of 2021, because the child was studying in Guiyang, Guizhou, Long, who was accompanying him, planned to find a job with relatively free time, so he submitted an application to be a driver to the car-hailing company.
But the results of the application surprised him: the company found that he had a criminal record of drug trafficking and served seven years in prison, and rejected his application.
"How is that possible? I've never even seen drugs." Feeling confused, Long immediately contacted the police and obtained information on the criminal "Long": "In July 2003, Long was in Yueqing City, Zhejiang Province. In October of the same year, the Yueqing City Court sentenced him to seven years in prison and a fine of 3,000 yuan for drug trafficking." The name and ID number of "Long" in the criminal file belong to Long himself.
Long had been to Zhejiang to work, but he had never been to Yueqing, and from 2003 to 2010, he had never been in prison to serve his sentence.
Is it because the ID card that he had lost was taken by others for fraudulent use?
In late May 2021, Long called the duty phone of the Yueqing City Procuratorate: "Prosecutor, my identity has been fraudulently used, can you help me?"
Compare the information of both parties to find doubts
The one who answered the phone was the on-duty prosecutor Qian Dihu.
In order to understand the authenticity of the content reflected by Long Mou, Qian Dihu retrieved the original case file and found that the personal information of the criminal "Long Mou" in the case file was indeed consistent with Long Mou himself, and the public security organ that handled the original case had sent the corresponding household registration to the case file. The public security organ verified in writing and found no impostor.
"The client claims that he is not a criminal serving his sentence, and he must prove that he lived a normal life during the 'serving sentence' from 2003 to 2010." Qian Dihu guided Long to provide proof materials, and at the same time retrieved the prisoner's serving information in the original case, and verified that the criminal was found. "Long" was sent to a prison in Zhejiang Province in December 2003 to serve his sentence.
Subsequently, the ID card, driver's license, marriage certificate and other evidence provided by Long can prove that he applied for a motor vehicle driver's license in 2005, registered for marriage in 2007, and has been living a normal life.
Based on the investigation clues, the Yueqing City Procuratorate preliminarily judged that it is very likely that Long was fraudulently used his name and other identity information to commit drug trafficking crimes in Yueqing, so it accepted the case according to law on July 15, 2021.
Use fingerprint comparison to verify the real identity of the fraudulent user
In order to prove Long's innocence, Qian Dihu got in touch with the public security organ that handled the original case and asked to investigate and verify the case.
By investigating and judging the relevant information of the prisoner in the original case, the investigators found a suspected fraudulent person named Luo.
Luo is 43 years old this year and does not know Long.
However, in the subsequent investigation, Luo canceled his phone number and WeChat account, and has been in a state of loss of contact.
It has been 18 years since the original case, how to restore Long's innocence when the fraudulent employer does not cooperate?
The prosecutor thought of the fingerprint information: "Collect Luo's fingerprint information and compare it with the fingerprints left in the original case file. If the two fingerprints are compared by the same person, the complainant Long can be identified. The fact that the identity information such as name was used fraudulently.” Therefore, the prosecutor asked the public security organs to comprehensively investigate the fingerprints, photos, images and other information left by the suspected impostor Luo during his detention and serving his sentence, and find information that can confirm that Luo used the identity of Long. breakthrough.
After a comprehensive investigation, Luo was administratively punished for fighting in Ouhai District, Wenzhou City in August 2019.
In the case file, there happened to be information such as signature and fingerprints left by Luo.
Due to the limited conditions of fingerprint samples, the prosecutor sought technical support from the Zhejiang Provincial Procuratorate and carried out supplementary investigation and evidence collection work on his own.
On September 18, 2021, the Zhejiang Provincial Procuratorate issued a fingerprint identification certificate, identifying the fingerprints left by Luo's inquiries at Xianyan Police Station, Ouhai Branch, Wenzhou City Public Security Bureau in 2019, and the original case of Long's drug trafficking case in Yueqing City in 2003. The fingerprints of the accused in the file are the same.
So far, the results of the procuratorial technical appraisal have successfully locked Luo's identity and the fact that he used Long's name and other identity information fraudulently in the 2003 case of Long's drug trafficking in Yueqing City.
On October 15, 2021, the Yueqing City Procuratorate issued a procuratorial proposal to the court to supervise and correct the judgment that Long was fraudulently used in accordance with the law.
At the same time, the court communicated and coordinated with the court and public security organs in various ways, suggesting that the criminal record in Long's household registration information should be deleted, and the record should be entered into the information of the fraudulent user Luo.
After hard work, in late June this year, the public security organs completed the revision of the relevant information, all the criminal records in Long's household registration information were deleted, and he finally regained his innocent identity.