Chinanews.com, March 20th. The highest prosecution released the sixth batch of typical cases on the official website on the 20th, which hindered the prevention and control of the new crown pneumonia epidemic. details as follows:

Data map: Supreme People's Procuratorate. Photo by Li Huisi of China News Agency

I. Severe prosecution for crimes that hinder resumption of work and resumption of production

[Key points of law] The crime of fraud refers to the act of defrauding a large amount of public and private property by using falsified facts or concealing the truth for the purpose of illegal possession. According to the provisions of Article 266 of the Criminal Law, those who defraud public and private property of a large amount shall be sentenced to fixed-term imprisonment of not more than three years, detained or controlled, and shall be imposed a single fine; if the amount is large or there are other serious circumstances, three Those who are sentenced to fixed-term imprisonment of more than ten years and less than ten years, and fines; if the amount is particularly large or there are other particularly serious circumstances, they are sentenced to more than ten years' imprisonment or life imprisonment, and are fined or property is confiscated.

While maintaining the order of epidemic prevention and control, enterprises began to resume work and production in an orderly manner, and the demand for epidemic prevention materials and production materials surged. This gives fraudsters an opportunity to use the objective situation of short-term supply of supplies to drill down on the urgent resumption of work and consider vulnerabilities. In order to effectively ensure the resumption of work and resumption during epidemic prevention and control, procuratorates must severely punish criminal acts that disrupt market order, such as fraud, deter crime, and strive to create a legal environment conducive to the resumption of work and resume production. Protect the legitimate rights and interests of enterprises.

Case 1: Sang Mou suspected of fraud in Qingdao City, Shandong Province

At the end of 2019, the defendant Sang Moumou and the victim Luan Moumou (male, 19 years old) met because they were both international students. At the end of January 2020, an outbreak of new crown pneumonia broke out and domestic masks were out of stock. At the beginning of February, a certain Qingdao Breeding Co., Ltd. (registered capital of 12 million yuan and more than 100 employees) run by Luan Moumou's father was in urgent need of purchasing a large number of masks for distribution to management staff, breeding To ensure the safety of production. On the evening of February 11, in order to solve his father's urgent need, Luan Mou urgently purchased 10,000 medical masks through a WeChat circle of friends. Sang Moumou was unable to repay a large amount of debt due to indulging in online gambling. After seeing the information released by Luan Moumou, he took advantage of the urgent need for production and no purchase in the enterprise of the victim's home. That night, WeChat contacted Luan Moumou and lied that he had There are masks, each 3 yuan, can be delivered the next day. Luan Moumou believed the letter was true and immediately transferred 30,000 yuan to Sang Moumou through Alipay. After receiving the payment, Sang Moumou changed hands and went back to online gambling, but all lost. On February 12, Sang Moumou lied that masks could not be delivered on time to appease Luan Moumou without the three certificates, and continued to fabricate a lie about his purchase channel with a thermostat, tempting Luan Moumou to purchase, and intercepted fake hair from the Internet. The goods video was sent to Luan Moumou. Luan Moumou was fooled again, bought 1,000 warm guns from Sang Moumou for his father's company and 4 other companies, and transferred Wechat and Alipay money of 235,000 yuan to Wechat and Alipay in 8 times on the same day and the next day. Sang Moumou. Sang Moumou once again used the above payment for online gambling and repayment of personal debt. On February 14th, Luan Moumou was found to have been cheated to call 110. Sang Moumou was summoned to the case and truthfully confessed his crime.

On February 14, the Shinan Branch of Qingdao Public Security Bureau filed an investigation into the case, and informed the People's Procuratorate of Shinan District, Qingdao on the same day. After receiving the notification, the People's Procuratorate of Shinan District, Qingdao City arranged the prosecutor to intervene in advance and recommended that the public security organs take compulsory measures to monitor and live on the suspect.

In the early intervention phase, prosecutors followed up and guided investigations throughout the process, and worked hard to resolve issues in the investigation process to speed up the case. By communicating with the investigator of the investigating case, reviewing the case materials, and promptly guiding the investigating agency to flexibly adopt telephone inquiries, remote video, and other methods to comprehensively and quickly collect and fix evidence. At the same time, it is recommended that the public security organs urge the criminal suspects and their families to return compensation as soon as possible to reduce the adverse impact on the resumption of work and production of the enterprise. After work, the family members of Sang Moumou refunded Luan Moumou's stolen money on his behalf.

On February 21, the investigation by the Shinan Branch was terminated and the case was transferred to the procuratorate for review and prosecution. The prosecutor quickly reviewed the evidence of the whole case, and used a three-party remote video method to interrogate the suspect online, heard the opinions of the defense lawyer, and filed a lawsuit to the Shinan District People's Court of Qingdao on February 25 for the suspected fraud of Sang Mou. public prosecution. During the review and prosecution, Sang Moumou pleaded guilty and pleaded guilty. The procuratorial agency reviewed that the defendant's fraudulent crime was huge. Although his family returned all the stolen money on his behalf after the case, it can be lightened as appropriate. However, considering that the case was during the epidemic prevention and control period, his fraud had seriously affected the normal business The production and operation have serious consequences and bad effects, and they use it to gamble and spend money on the victims, which is subjective and should be punished severely. Although Sang Moumou voluntarily pleaded guilty, but comprehensively consider the above circumstances to strictly grasp the extent of the lenient punishment. Based on this, the prosecutor's office proposed a relatively heavy sentencing proposal. Sang Moumou accepted and signed a plea of ​​confession and confession under the witness of a defense lawyer.

The prosecutor of the Procuratorate of Shinan District of Qingdao City intervened in advance. Image source: Official Weibo

During the case review process, the prosecutor, in addition to verifying the case and returning the stolen goods to the victims and their families, took into account the actual situation of strict control measures due to the full resumption of work and production in the livestock industry due to epidemic prevention and control. To actively coordinate the formal procurement channels for epidemic prevention materials, and to provide advice and help on legal issues that may be encountered in the procurement of materials, help the companies involved in the case to safely and quickly restore production order, smoothly resume work and resume production, and operate normally.

The case is currently pending in court.

2. Accurately grasp the boundaries of laws and policies and give play to the role of legal supervision

[Key points of law] According to the provisions of Article 145 of the Criminal Law, medical masks, goggles, protective clothing and other medical equipment that do not meet the national and industrial standards to protect human health, or sell medical equipment that is known to be non-compliant Equipment that is serious enough to endanger human health shall be convicted and punished for producing and selling medical equipment that does not meet the standards. It should be noted that during the epidemic prevention and control period, the production and operation of epidemic prevention and control products and commodities beyond the scope of business, or because of epidemic prevention and control needs, the product labeling did not meet the relevant regulations in order to rush the construction period, and the products produced and sold were identified as complying with relevant national regulations. Sanitation and quality standards that do not cause substantial harm shall be carefully grasped on the crime standards and handled properly in accordance with law.

In handling crime cases related to epidemic prevention and control, the procuratorial organs should give full play to the role of legal supervision, intervene in investigations according to the needs of case handling, and put forward suggestions for the guidance of collecting and fixing evidence in accordance with the criminal constitutional requirements. At the same time, Article 163 of the Criminal Procedure Law stipulates that in the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case should be withdrawn; Article 560 of the "Criminal Procedure Rules of the People's Procuratorate" stipulates that the people The procuratorate requires the public security organ to explain the reasons for not filing or registering the case, it shall notify the public security organ in writing, and inform the public security organ of the situation, basis, and reason for not filing or filing the case within seven days after receiving the notice, and reply to the people's procuratorate with relevant evidence . Therefore, if there is evidence to prove that the decision of filing or not filing a case by the public security organ may be wrong, the public security organ shall be required to give a written explanation. If the people's procuratorate considers that the reasons for filing or not filing a case cannot be established, the public security organ shall notify the public security organ to cancel the case or file the case. In accordance with the spirit of the above laws and judicial interpretations, in cooperating with public security organs in handling criminal cases involving epidemics in accordance with the law, if the case is found not to constitute a crime, the case shall be supervised by the case registration supervision procedure or by means of communication and suggestions during the investigation period to supervise the public security organ to withdraw the case. . For criminal cases involving the resumption of work and resumption of production in enterprises, the procuratorial organs should accurately grasp the boundaries of legal policies and give full play to the role of legal supervision.

Case 2: A case of a company in Sichuan Emeishan City suspected of producing and selling medical equipment that does not meet standards

On January 22, 2020, the Emeishan CDC commissioned a company in Emeishan City to purchase 130,000 disposable medical surgical masks (a total value of 169,000 yuan, which has been fully paid). A certain Emeishan City Co., Ltd. contacted a Beijing Medical Technology Co., Ltd. to order 130,000 disposable medical surgical masks from a non-woven products Co., Ltd. in Weihai (order price 0.59 yuan / piece). On January 25, the first batch of 48,000 masks arrived. Due to the urgent demand, the Emeishan CDC returned the masks to the unit for unpacking without the inspection of a limited company in Emeishan City. At this time, the Emeishan CDC found that the batch of masks (cartons) was marked as expired on June 1, 2021, while the inner packaging (mask plastic bags) was marked as expired in February 2018, and then on January 26 Japan reported to the public security organs that a company in Emeishan City was suspected of operating, using outdated and expired medical equipment. On January 28, the Emeishan Public Security Bureau filed an investigation for the crime of producing and selling medical equipment that did not meet the standards. On February 1st, the Emeishan People's Procuratorate intervened in advance and required the public security organs to promptly supplement the case-related mask inspection and identification materials based on the crimes involved. On February 12, the public security organ received the appraisal conclusion issued by the Sichuan Medical Device Testing Center, and the masks involved in the case met the relevant regulations. According to investigations, the batch of mask manufacturers was a Weihai Nonwoven Products Co., Ltd., because of bankruptcy and reorganization, only half of the production line was operating. After the outbreak, the Weihai Municipal Government, in order to solve the "difficult cover" situation on the market, supported the company's full-scale production, provided the company with 3 million working capital, and provided proof of procurement of raw materials. However, due to insufficient inventory of inner packaging bags, a non-woven product company in Weihai used an inner packaging bag with an expiration date of February 2018 in the production process. On February 13, the Emeishan Public Security Bureau made a timely decision to withdraw the case on the grounds that "the investigation did not constitute a crime" based on the supervision opinions of the procuratorial organs.

Disposable medical surgical mask ordered by the Disease Control Center of Emeishan City, Sichuan Province. Image source: Official Weibo

Approved by Sichuan Medical Device Testing Center, the masks involved in the case complied with relevant regulations. Image source: Official Weibo

3. Implement the judicial concept of less arrest and careful prosecution, and create a good legal environment to promote business operations in accordance with laws and regulations

[ Key points of law] According to Article 205 of the Criminal Law, those who falsely issue special invoices for value-added tax shall be sentenced to fixed-term imprisonment or detention of not more than three years and fined not less than 20,000 yuan but not more than 200,000 yuan; Those with large or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; The above term of imprisonment or life imprisonment shall be imposed with a fine ranging from 50,000 yuan up to 500,000 yuan or confiscation of property.

During the epidemic prevention and control, in the handling of enterprise-related cases, the application of the leniency confession and punishment leniency system should be actively promoted in accordance with the law, and the judicial philosophy of less arrest and caution should be implemented. For criminal cases involving falsely issuing special VAT invoices, companies should strictly review subjective intentional and behavioral consequences. Although the practice of falsely issuing special VAT invoices has not been deliberately defrauded to deduct tax intentionally, it has not objectively caused Loss of state value-added tax is generally not punished as a crime. At the same time, for corporate personnel who have committed crimes due to deduction of tax deductions, if they have paid the taxes, they should use the coercive measures of arrest; those who have been arrested should be reviewed for the necessity of detention in a timely manner. If it affects the normal proceeding of the lawsuit and is not necessary for continued detention, it should be changed to a compulsory measure of non-detention; if the crime is relatively minor and can not be prosecuted according to law, a decision not to prosecute should be made to create a good environment for the rule of law, guarantee, maintain, and promote the development and production of enterprises . At the same time, for cases that do not constitute a crime or do not arrest or prosecute in accordance with the law, a typical case should be formed, and the relevant administrative departments and enterprises should be notified in a proper manner, the rule of law, education, warning, prevent crime, and promote strict management according to law. 2. Law-abiding operation.

Case 3: Wang Moumou and Fu Moumou in Huzhou City, Zhejiang Province suspected of falsely issuing special VAT invoices

Wang Moumou is a person in charge of a logistics company in Huzhou, Fu Moumou is a former transport agent in a freight market in Hangzhou. The company's business scope is the logistics of ordinary goods. There are more than 100 drivers engaged in logistics transportation under the company's name, and they need to pay driver transportation fees. However, after the driver collects the transportation fee, only the receipt is issued, and the tax cannot be deducted at the tax bureau. Therefore, Wang Moumou wanted to purchase a special VAT invoice to offset the tax. In November 2018, Wang Moumou introduced, through Fu Moumou, to falsely issue 10 special value-added tax invoices from others by paying 6.5% of the face value of the invoice, which was used to deduct taxes. The total tax amount was more than 90,000 yuan. . After the incident, Wang Moumou and Fu Moumou paid taxes in full. Public security organs summoned criminal suspects Wang Moumou and Fu Moumou to the Huzhou Public Security Bureau Wuxing District Branch for investigation on December 4, 10, 2019. On December 10 of the same year, the Huzhou City Public Security Bureau's Wuxing District Branch obtained bail pending trial against Wang Mou and Fu Moumou. On December 20, they were transferred to the People's Procuratorate of Wuxing District, Huzhou for review and prosecution. During the review process, the procuratorial organs learned that the logistics company operated by Wang Moumou was one of the few local logistics enterprises that could resume work after the outbreak of the new crown pneumonia epidemic, and undertook multiple shipments of epidemic prevention materials. In order to ensure the smooth flow of anti-epidemic materials and people's livelihood supplies, the court has seriously implemented the criminal policy of leniency and strictness, actively applied the plead guilty and lenient system, and comprehensively considered the subjective malignancy of Wang Mou and Fu Moumou, the amount of crime and the full payment of taxes On February 7, 2020, Wang Moumou and Fu Moumou made a decision not to prosecute according to law. After explaining the reasoning of the law, they targeted the rule of law and ended the criminal prosecution. After returning to the enterprise, Mr. Wang learned lessons, strengthened management, and carried out business activities in strict accordance with laws and regulations. He also actively donated and donated materials to local charities and township governments. With great enthusiasm and sincerity, he launched anti-epidemic materials and livelihood supplies during the epidemic prevention period. Transportation contributes.

A logistics company is one of the few local logistics companies that can resume work. Image source: Official Weibo

The prosecutor interrogated the suspect remotely. Image source: Official Weibo

4. Conduct a review of the necessity of detention in accordance with the law, safeguard the legal rights of the parties, and create conditions for the production and operation of the enterprise

[Key points of law] According to Article 6 of the "Opinions on Resuming Work and Resuming Production During the Epidemic Prevention and Control Period According to Laws by Political and Legal Organs," the business operators in custody at the stage of investigation, prosecution and trial shall conduct timely reviews of the necessity of detention, and enforce mandatory changes. The measures do not affect the smooth proceeding of the lawsuit. If it is not necessary to continue detention, the compulsory measures shall be changed in a timely manner according to law. Article 573 of the "People's Procuratorate's Criminal Procedure Rules" stipulates that after the criminal suspect or defendant is arrested, the People's Procuratorate should still review the necessity of detention; Article 597 stipulates that the People's Procuratorate found that The facts of the suspect and the defendant suspected of committing a crime are basically investigated, and if the evidence has been collected and fixed, and meets the conditions for obtaining a warrant pending trial or surveillance, they shall submit a proposal to the case handling agency to release or change the compulsory measures; Article 580 stipulates that the people If the procuratorate finds that the criminal suspect, the defendant and the victim have reached a voluntary settlement agreement in accordance with the law, and have fulfilled or provided guarantees, or have other circumstances that do not require continued detention, and show penitence, and do not detain without causing social danger, Proposals for release or change of compulsory measures may be submitted to the case-handling authority to effectively safeguard the legal rights of the parties involved in the case.

To handle cases involving enterprises during the epidemic prevention and control, we should accurately grasp the legal and policy boundaries and actively implement the judicial concept of less arrest and careful prosecution. For criminal suspects whose factual evidence is clear and fixed, and that there is no interference with witnesses' testimony, confession, destruction or falsification, which does not affect the lawsuit, and does not have personal danger, arrest measures should be used with caution. For cases that meet the above requirements, a review of the necessity of detention should be initiated in a timely manner. For suspects and defendants who do not continue to be in custody, the mandatory measures should be changed in a timely manner, and the decision-making and deployment of the Party Central Committee should be implemented throughout the entire procuratorial process. Resumption of work and production creates a good judicial environment.

Case 4: A bribery case involving a certain engineering company in Tianjin and a suspected unit of Zhang

The suspect unit Tianjin Engineering Co., Ltd. (hereinafter referred to as a company) is a private limited liability company, and the suspect Zhang is a legal representative and general manager of the company. In 1999, Zhang Moumou met He Moumou, who was the deputy section chief of the Tianjin Public Security Traffic Management Bureau (referred to as the Municipal Traffic Management Bureau for short) (handled in another case). Since then, He Mou successively served as the deputy head of a detachment of the municipal traffic management bureau, the leader of a detachment of the detachment, the deputy director of the municipal traffic management bureau, the secretary of the party committee of the municipal traffic management bureau, and the director. Zhang Moumou asked He Moumou to help him to shorten the approval time for his company to submit the road approving matters to the Municipal Traffic Management Bureau. He Moumou used the convenience of his position and the convenience of his authority or status to greet the relevant staff of the Municipal Traffic Management Bureau, and a company's approval of road approval matters was given priority. To express his gratitude, from 2005 to 2018, Zhang Moumou repeatedly gave He Moumou a total of RMB 3.72 million. On January 22, 2020, the Jinan District People's Procuratorate of Tianjin decided to detain him criminally for alleged bribery by Zhang, and arrested him on February 5.

On February 19, 2020, the defender commissioned by the criminal suspect Zhang Moumou submitted to Jinan District People's Procuratorate an application for detention necessity review. The Jinan District People's Procuratorate examined whether Zhang Moumou was necessary for continued detention, interrogated Zhang Moumou, and heard the opinions of the defenders. According to the review, the facts and evidence of the alleged bribery case of Zhang Moumou have been cleared and fixed, there is no possibility of destruction, falsification of evidence or coerced confession, or interference with witness testimony, and he pleads guilty and pleads guilty. The change of compulsory measures does not affect the proceeding, Personal danger. At the same time, considering that his company encountered operational difficulties during the epidemic, Zhang Moumou, as the person in charge of the enterprise, was unable to overcome the difficulties encountered by the company because he was in custody. For example, the continued detention of Zhang Moumou would affect the city-level focus of the company. Advancement of engineering projects. In order to implement the "Opinions on Resuming Work and Resuming Production During the Epidemic Prevention and Control Period According to Law by Political and Legal Organs" formulated by the Central Political and Legal Commission and the "Two High and Two Ministries", and in order to protect the normal development of private enterprises, after consulting the supervisory authority, the Jinan District People's Procuratorate On February 27, it was decided to release Zhang on bail pending trial.

V. Issue recommendations for implementation of supervision and inspection in accordance with law to ensure the normal operation of enterprises

[Key points of law] According to the provisions of Article 102 of the Civil Procedure Law, the preservation is limited to the scope of the request or the property related to this case. According to Article 21 of the Supreme People's Court's "Regulations on the Seizure, Seizure, and Freezing of Property in the Civil Execution of the People's Court", the property of the person being seized, seized, or frozen shall be used to pay off the amount of creditor's rights as determined by legal documents. And the execution cost is limited, and the amount exceeding the standard shall not be sealed, seized or frozen. According to Article 235 of the Civil Procedure Law, the People's Procuratorate has the right to exercise legal supervision over civil enforcement activities.

During the extraordinary period of the prevention and control of the new crown pneumonia epidemic, the procuratorial organs focused on the protection of the legitimate rights and interests of private enterprises and the resumption of production and production of enterprises, gave full play to the role of the procuratorial function, overcome difficulties and handled cases flexibly. Methods, timely discovering illegal acts in the implementation process, issuing recommendations for implementation supervision and inspection, and maintaining good follow-up communication with the people's court, following up on the implementation of the inspection recommendations, ensuring the turnover of the enterprise's working capital, helping enterprises resume work and production, and achieving good results. Social effects.

Case 5: Jiangsu Province A Construction Company applied for implementation supervision case

A Construction Engineering Company is a private enterprise, and it is the third person of the plaintiff Wang Moumou v. B Real Estate Company's construction contract dispute. In the first instance of the trial of the Huai'an District People's Court in Huai'an City, Jiangsu Province, a civil ruling was made based on Wang's application for property preservation. The bank deposit of A Construction Engineering Co., Ltd. was RMB 16.005 million, and the property preservation ruling became effective after being filed and transferred for execution. On January 20, 2020, the Huaian District People's Court frozen the account of A Construction Company. However, because the amount of the account was not enough to determine the preservation amount, on January 21, 2020, the Huai'an District People's Court frozen another account of A Construction Company.

Due to the account repayment, on January 22, 2020, A Construction Company found that the frozen funds of the above two accounts exceeded the ruling preservation amount (the frozen funds of the two accounts were RMB 16.005 million and RMB 13.496111.5 million, respectively). The situation was reported to the Huai'an District People's Court in writing about the over-standard seizure, and no response has been received since then. The company then submitted an application for civil enforcement supervision to the Huai'an District People's Procuratorate on February 12, requesting supervision to rectify the over-standard preservation behavior. The Huai'an District People's Procuratorate immediately appointed a special person to handle the case after accepting it. After reviewing the information, it was found that the evidence related to the amount of frozen funds provided by A Construction Engineering Company was not sufficient. Due to the special period of the epidemic prevention and control, the procurator of the contract immediately obtained it with the applicant, the trial judge and the specific executive judge by telephone, WeChat, etc. Contact and understand the case. After review, the Huai'an District People's Procuratorate determined that the Huaian District People's Court ruled that the preservation amount was 16.005 million yuan. However, in the specific implementation, the court actually frozen the insured person A Construction Company's RMB 29,501,115,100, which obviously exceeded the ruling amount. On February 13, the People's Procuratorate of Huai'an District issued recommendations for implementation of supervision and inspection, and actively coordinated with the enforcement court. On February 14, the Huai'an District People's Court ruled that the account funds that had been frozen in excess of the standard amounted to 13.49611.15 million yuan, and informed A Construction Company in a timely manner. On February 17, after the funds were thawed, A Construction Company quickly resumed work and resumed production.

This case is a typical case of the procuratorial organs' service during the prevention and control of the new crown pneumonia epidemic to ensure the development of private enterprises and help enterprises resume work and production. In handling the case, the People's Procuratorate of Huai'an District fully recognized the importance of working capital for the resumption of work and production of private enterprises during the protection of legitimate rights and interests of private enterprises and the prevention and control of epidemics. Issued recommendations for implementation of supervision and inspection, passed the snow on the private enterprises in the epidemic, passed judicial tenderness and goodwill, and achieved a win-win situation.