Case 1: Liu Moumou, Wu Moumou
Posing as a soldier
(1) Basic case
The defendants Liu Moumou and Wu Moumou are both male and unemployed.
In December 2020, after the defendant Liu Moumou was released after serving his sentence for posing as a soldier, he repeated his old tricks and purchased camouflage uniforms, combat boots, epaulettes, camouflage hats, camouflage bags and other crime tools from the Internet. Soldiers swagger.
From December 2020 to March 2021, Liu Moumou falsely claimed that he was an active duty soldier of a certain army, fabricated a false name, defrauded Li Moumou and other 6 victims through social software, had sexual relations with the above-mentioned victims many times, and defrauded the victims of money The total amount is RMB 14,777.
The defendant, Wu Moumou, pretended to be a member of the People's Armed Forces Department of a certain city, and helped Liu Moumou gain the trust of two of the victims, defrauding a total of RMB 3,150.
On September 7, 2021, the People's Procuratorate of Wulateqian Banner, Inner Mongolia Autonomous Region prosecuted Liu Moumou and Wu Moumou for the crime of pretending to be soldiers and swindling.
On October 11 of the same year, the Uradqian Banner People's Court sentenced the defendant Liu Moumou to three years and five months in prison, and the defendant Wu Moumou seven months in prison for the crime of posing as a soldier to swindle and deceive.
None of the defendants appealed.
(2) Procuratorial performance of duties
1. Review and discover criminal clues, and carry out case filing supervision in a timely manner.
Relying on the investigation supervision and cooperation mechanism with the public security organs, the Uradqian Banner People's Procuratorate found clues to the case of Liu Moumou pretending to be a soldier to swindle and deceive during the normal performance of his duties.
After reviewing the file and communicating with the investigators, the procuratorial organ believes that Liu Moumou's behavior has reached the standards for filing a case and may be sentenced to fixed-term imprisonment or more. The public security organ is required to explain the reason for not filing the case. After listening to the opinion of the procuratorial organ, the public security organ decides to file the case for investigation.
2. Actively guide the investigation and dig out the culprits.
During the handling of the case, the procuratorial organ found after review that there may be other victims, and issued a continuation of the investigation outline while making a decision to approve the arrest, and guided the public security organ to verify the omissions and omissions based on call records, capital flows, etc.
After investigation and evidence collection by the public security organs, additional evidence materials were transferred, and additional prosecutions were made for missing accomplice Wu Moumou and two missing criminal facts.
3. Strengthen the study and judgment of similar cases and punish crimes according to law.
There is no clear determination standard for "serious circumstances" in the crime of pretending to be a soldier to swindle and deceive as stipulated in Article 372 of the Criminal Law, and there is no clear sentencing guidance.
In order to ensure that the charges in the case are strong and the sentencing is accurate, the prosecutor, after reviewing a large number of effective judgments, believes that the circumstances are serious and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with the law.
Taking into account the circumstances of recidivism, guilty plea and acceptance of punishment, the procuratorial organ proposed a fixed sentencing recommendation to sentence the defendant Liu Moumou to three years and five months imprisonment, and the defendant Wu Moumou seven months imprisonment, which was adopted by the court.
(3) Typical meaning
1. Fully grasp the harmfulness of criminal behavior and accurately punish military-related crimes.
Impersonating a soldier to commit swindling and other illegal and criminal acts not only damages the legitimate rights and interests of the victims, but also damages the public's trust and recognition of the army and soldiers, and endangers national defense and military construction.
According to the provisions of Article 372 of the Criminal Law, whoever pretends to be a soldier to swindle and cheat, constitutes the crime of pretending to be a soldier, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to not less than three years and ten years imprisonment for the following.
The defendant in this case pretended to be a soldier to defraud the victim's trust, had sex with the victim and defrauded the money, which seriously damaged the image of the soldier and the prestige of the army.
When handling such cases, the procuratorial organs should accurately grasp the elements of the crime of pretending to be a soldier to swindle and deceive, accurately identify the circumstances of the crime, punish the crime of swindling and deceit involving the military in accordance with the law, and maintain a good image of the army and soldiers.
2. Strengthen cooperation and cooperation to improve the effect of case handling.
Procuratorial organs should take the opportunity to implement the "Opinions on Improving the Investigation Supervision and Cooperation Mechanism" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security, relying on the Office of Investigation Supervision and Cooperation, to find clues to military-related crimes as early as possible, strengthen case filing supervision, and form Work together.
In the handling of cases, the role of the integrated case handling mechanism of arrest and prosecution shall be brought into full play, the guidance of investigation and evidence collection shall be strengthened, and the culprits shall be dug deeply to ensure the quality and efficiency of case handling.
Case 2: Wu Moumou fraud case
(1) Basic case
Defendant Wu Moumou, female, unemployed.
From 2016 to 2019, the defendant Wu Moumou pretended to be a female major officer "Ye Lei" in Taicang City, Jiangsu Province, Zhengzhou City, Henan Province, Xingyang City, etc., using the military ID, military uniform and official seal of a hospital of the People's Liberation Army purchased online. , pretending that his parents were leading cadres of the army, and on the grounds of helping others introduce the army and contracting the army hospital security project, he defrauded Ding Moumou and other five victims for a total of more than 2.43 million yuan.
On July 6, 2021, the People's Procuratorate of Taicang City, Jiangsu Province prosecuted Wu Moumou for the crime of fraud.
On September 23 of the same year, the Taicang City People's Court sentenced the defendant Wu Moumou to ten years and six months in prison for fraud and a fine of 100,000 yuan.
Wu Moumou did not appeal.
(2) Procuratorial performance of duties
1. Take the initiative to intervene in advance and guide the comprehensive collection of evidence.
In view of the particularity of the military involved in the case, the procuratorial organ took the initiative to intervene in the investigation in advance. According to Wu Moumou's method of committing the crime, it was suggested that the public security organ should fix the relevant evidence in time.
Taking into account the impact of the case on the rights and interests of the soldiers and the reputation of the military, the procuratorial organs, the public security organs and the Ministry of Armed Forces held a briefing on the case, strengthened communication and cooperation, reached consensus on the handling of the case, popularized the law, and safeguarded the rights and interests of the military, so as to ensure that the case was handled in accordance with the law. Do it quickly.
2. Strengthen the examination of evidence and thoroughly investigate the criminal facts.
After reviewing objective evidence such as bank card flow, WeChat chat records, and combining witness testimony and Wu Moumou's means of committing the crime, the procuratorial organ believes that there may be other victims in this case.
Therefore, while making the decision to approve the arrest, the public security organs were guided to investigate the case together, and all bank card transactions under the name of Wu Moumou and his forged female officer identity "Ye Lei" were obtained, and the remaining 4 victims were successfully locked.
In the end, the number of criminal facts transferred by the public security organs increased from 1 for review and arrest to 5 for review and prosecution, and the amount involved increased from 360,000 yuan to more than 2.43 million yuan.
3. Accurately apply the law and impose strict penalties in accordance with the law.
The public security organ submitted a request for approval to arrest Wu Moumou for the crime of forging and buying and selling documents and seals of the armed forces, and the crime of posing as a soldier to swindle and deceive.
After examination, the procuratorial organ believes that forging and buying and selling certificates and seals of the armed forces is a means of posing as a soldier to swindle and deceive.
With the progress of digging deeper into the crime, the facts of the crime have gradually become clear. The procuratorial organ believes that Wu Moumou's behavior in this case simultaneously violated the crime of impersonating a soldier, swindling and defrauding, and the two crimes are cooperating. The charge was transferred for review and prosecution.
The public security organs adopted the opinions of the procuratorial organs and transferred the case for examination and prosecution for the crime of fraud.
4. Strengthen military-civilian cooperation and promote governance at the source.
In response to the problems reflected in the case, such as the use of forged military ID cards to visit scenic spots for free to gain the trust of the victims, the procuratorial organs carried out crime source control, issued risk warnings to the tourism industry authorities, promoted the consolidation of supervisory responsibilities and plugged the loopholes in the system.
At the same time, improve the military-civilian cooperation mechanism, visit the Taicang Municipal People's Armed Forces Department, conduct discussions and exchanges on military-related legal services, legal publicity and education, case coordination and communication, etc., to form a joint force in the field of protection of the legitimate rights and interests of military personnel.
The procuratorial organs also actively implement the responsibility of popularizing the law, publicize anti-fraud knowledge through official WeChat, publicity posters and other channels, guide residents to register the "National Anti-Fraud Center" APP and "Fraud Prevention Golden Bell" WeChat applet, and guide residents to be more vigilant and prevent deceived.
(3) Typical meaning
1. Accurately apply the law, and severely punish those who pretend to be soldiers, swindle and deceive crimes according to the law.
In the process of handling such cases, the procuratorial organs should focus on guiding the public security organs to comprehensively sort out objective evidence such as capital flow, chat records, and call records, analyze and judge relevant clues in a timely manner, dig deep into the criminal facts, and severely punish military-related fraud crimes in accordance with the law. .
Where a criminal act constitutes both the crime of impersonating a soldier and the crime of swindling and defrauding, one of the felony crimes shall be selected and punished.
In this case, Wu Moumou's behavior constitutes both the crime of impersonating a soldier, swindling and cheating, and if he is punished according to the crime of impersonating a soldier, it falls under the serious circumstances stipulated in Article 372 of the Criminal Law, and the sentencing range is more than three years and less than ten years. imprisonment; if it is punished according to the crime of fraud, it falls under the circumstances of particularly huge amount stipulated in Article 266 of the Criminal Law, and the sentencing range is fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property.
According to the principle of consistency of culpability and punishment, combined with the facts of this case, Wu Moumou is punished as the crime of fraud, which can more accurately evaluate his criminal behavior and is more conducive to punishing the crime.
2. Relying on military-civilian cooperation, strengthen comprehensive management of military-related cases.
Fraud cases carried out by pretending to be military personnel have seriously damaged the image of the military and military personnel.
When handling such cases, local procuratorial organs should strengthen military-civilian cooperation, fully listen to the opinions of military procuratorial organs and relevant military units, and improve cooperation and cooperation mechanisms in case handling, law popularization, promotion and implementation of the protection of the legitimate rights and interests of military personnel, etc., so as to form a joint force.
At the same time, focus on extending functions and take the initiative to act, aiming at the loopholes in the system and mechanism found in the handling of cases, through risk warnings, procuratorial suggestions, etc., to promote relevant departments to establish rules and regulations, plug loopholes, eliminate hidden dangers, and strengthen comprehensive management of military-related cases.
Case 3: Li's sabotage of military marriage and Liu's bigamy
(1) Basic case
Defendant Li Mou, female, unemployed.
Defendant Liu, male, an employee of a company.
In April 2019, the defendant Liu Mou and Cheng Mou (female), an active duty soldier, registered their marriage.
Since May 2019, Liu's ex-girlfriend, Li, has maintained an improper relationship with the defendant Liu for a long time, knowing that Liu is married and his spouse, Cheng, is an active-duty soldier.
During the pregnancy of Cheng Mou, an active duty soldier, Li Mou and Liu Mou gave birth to a son, and from September 1, 2020, they rented a house in the name of husband and wife in Liu Mou's city, causing Cheng Mou and Liu Mou to break up.
On January 24, 2022, the procuratorial organ prosecuted Li for the crime of sabotaging military marriage and Liu for bigamy; on March 3 of the same year, the court sentenced Li to nine months in prison for sabotaging military marriage, and the crime of bigamy Liu was sentenced to one year in prison.
Neither Li nor Liu appealed.
(2) Procuratorial performance of duties
1. Actively and proactively perform their duties and hunt down omissions and omissions in accordance with the law.
At the beginning of the handling of this case, the public security organs only submitted to the procuratorate for approval of arrest for Li's sabotage of military marriage, but did not hold him accountable for his bigamy behavior.
After a comprehensive review of the evidence in the case, the procuratorate held that Liu had a spouse and maintained a lover relationship with others and had children, and then cohabited in the name of husband and wife. His behavior met the constituent elements of the crime of bigamy, and he was suspected of the crime of bigamy and should be held criminally responsible.
Considering the bad social impact of this case, the procuratorial organ issued a recommendation letter to the public security organ that the criminal suspect should be arrested, and put forward detailed opinions on continuing investigation and evidence collection to guide the investigation and collection of evidence.
The public security organ adopted the suggestion of the procuratorial organ and submitted a request for approval to arrest Liu on suspicion of bigamy, and the procuratorial organ made a decision to approve the arrest after review.
2. Accurately identify crimes and accurately crack down on crimes of sabotaging military marriages.
During the review and prosecution stage, the prosecutor found that Li, knowing that Liu's wife, Cheng, was an active-duty soldier, still maintained an improper sexual relationship with Liu, gave birth to a son, and lived together in a long-term rented house in the name of husband and wife. , causing the relationship between Cheng Mou and Liu Mou to break down.
Li's behavior seriously damaged Cheng's marriage and constituted the crime of sabotaging military marriage; Liu had a spouse, and he had a child with Li and lived together in the name of husband and wife, which was an act of bigamy and constituted the crime of bigamy.
During the case handling, the procuratorial organ actively carried out the education of guilt and punishment. Through interpretation and reasoning, Li and Liu voluntarily pleaded guilty and accepted punishment and signed the affidavit of guilt and punishment in the presence of the duty lawyer.
The procuratorial organ prosecuted Li for sabotaging military marriage and Liu for bigamy, and proposed sentencing recommendations to Li for nine months and Liu for one year. The conviction and sentencing opinions were all accepted by the court.
3. Delivering judicial warmth and showing humanistic care.
During the review and prosecution period, Cheng was unable to go to the procuratorate to explain the relevant situation in time due to the epidemic. The undertaking prosecutor communicated with her on the phone many times, and comforted Cheng to eliminate her negative emotions and encourage her to overcome difficulties and live a positive life.
At the same time, in view of Cheng's low income and young children after retirement, and meeting the state's judicial assistance conditions, the court started the judicial assistance procedure in a timely manner in accordance with the law and issued assistance funds to Cheng.
(3) Typical meaning
1. Punish the crime of sabotaging military marriages in accordance with the law, and protect the legitimate rights and interests of military personnel.
The particularity of a soldier's occupation and mission determines that his marriage and family relationship is different from that of an ordinary family.
Active duty soldiers work hard to protect their families and the country, away from their families.
The destruction of military marriage and family seriously hurts the feelings of soldiers and their relatives, affects the peace of mind of military service, and then affects the stability and combat effectiveness of the army. Therefore, Chinese laws give special protection to military marriages.
When handling such cases, procuratorial organs should focus on giving play to the leading, educating, and warning role of the judiciary, actively perform legal supervision functions, comprehensively review evidence, hunt down omissions and omissions in accordance with the law, resolutely punish crimes that destroy military marriages, and vigorously safeguard national defense interests and military personnel. legitimate rights and interests, and create a good legal environment that supports the military and the family.
2. Grasp the rules of crime determination and achieve precise crime fighting.
Paragraph 1 of Article 259 of the Criminal Law stipulates that whoever lives with or marries the spouse of an active serviceman who knows he is the spouse of an active serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 258 stipulates that a person who has a spouse and bigamy, or who knows that another person has a spouse and gets married to him, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
In this case, Li and Liu gave birth to a son, and they lived together in the name of husband and wife on a daily basis. They had reached the substantive elements of "marriage" and caused substantive damage to the marriage of others. They can be identified as "marriage" in the sense of criminal law. Liu's behavior belongs to "bigamy with a spouse", and Li's behavior constitutes the crime of sabotaging military marriage.
In handling such cases, the procuratorial organs, on the basis of reviewing and determining "cohabitation", must pay attention to the review of bigamy behaviors, ensure accurate crackdowns on crimes, and effectively safeguard the legitimate rights and interests of soldiers.
3. Take multiple measures to help and effectively participate in social governance.
In the process of handling cases, the procuratorial organs should adhere to the people-oriented principle, and while handling cases in accordance with the law and accurately punishing crimes, they should be able to perform their duties actively, conduct in-depth field visits and investigations, take the initiative to understand the actual difficulties of the parties, and take psychological counseling, regular return visits, judicial assistance and other diversified help. Support measures to effectively resolve social conflicts and promote social governance.
Case 4: Zhuang’s sabotage of military marriage
(1) Basic case
Defendant Zhuang Mou, male, a migrant worker.
In April 2010, Huang Moumou and Song Moumou, an active duty soldier, registered their marriage.
In August 2020, Zhuang was introduced to Huang Moumou and learned that Huang Moumou's husband was an active duty soldier.
From December 2020 to April 2021, Zhuang and Huang had sexual relations many times at Huang's house, Zhuang's friend's house, and hotels, and lived together.
On April 21, 2021, the two had sex at Huang Moumou's house, and were discovered by Huang Moumou's husband Song Moumou and called the police.
Defendant Zhuang Mou's behavior caused Huang Moumou to become pregnant and have an abortion.
On June 30, 2021, the procuratorial organ prosecuted Zhuang for the crime of sabotaging a military marriage.
On September 27 of the same year, the court sentenced Zhuang to one year and six months in prison for the crime of sabotaging a military marriage.
Zhuang did not appeal.
(2) Procuratorial performance of duties
1. Adhere to the combination of leniency and strictness to ensure precise punishment.
After examination, the procuratorial organ believed that Zhuang, knowing that Huang's husband was an active-duty soldier, still had a relationship with Huang and lived together and caused Huang's pregnancy, which constituted the crime of sabotaging military marriage in accordance with the law.
At the same time, although Zhuang Mou pleaded guilty and accepted punishment, in view of the bad circumstances, the extent of leniency should be strictly grasped.
The procuratorate instituted a public prosecution for the crime of sabotaging military marriage, and proposed a sentencing recommendation of one year and six months in prison, which was adopted by the court.
2. Relying on military-civilian cooperation to ease the military's worries.
In the process of handling the case, the procuratorial organ learned through the county's People's Armed Forces Department that Song Moumou is an active-duty non-commissioned officer in a certain division of the People's Liberation Army.
In order to let Song Moumou put down his ideological burden, get out of the shadows as soon as possible, and serve in peace of mind, the procuratorial organ entrusted a professional psychological consultant to provide psychological counseling to Song Moumou.
At the same time, the procuratorial organ contacted the army and suggested that the army should simultaneously conduct ideological counseling work on Song Moumou to eliminate the psychological impact of the case on him.
After the case was judged, the procuratorial organ, together with the Veterans Affairs Bureau, the Public Security Bureau, the Village Committee and other units, visited Song Moumou's parents' home to offer condolences and help solve the difficulties in life.
3. Formulate and issue procuratorial recommendations, and promote endogenous stability through litigation source governance.
After the case was settled, the procuratorial organ formulated and issued procuratorial suggestions to the County Veterans Affairs Bureau, suggesting that various forms of publicity and education should be strengthened, and incentives and safeguards should be improved, so as to cultivate a sense of professional mission, pride and honor of the soldiers, and stimulate the Soldiers have the enthusiasm, initiative and creativity to make achievements and serve the motherland.
After receiving the procuratorial suggestion, the Veterans Affairs Bureau cooperated with the County Party Committee Propaganda Department, the County Spiritual Civilization Office, the County Radio and Television Bureau and other units to carry out learning and publicity activities such as "the most beautiful veterans" and "I salute the soldiers" to vigorously publicize the danger of the soldiers The touching deeds of selfless dedication and selfless dedication at all times have created a good social atmosphere of supporting the army and giving priority to family members.
(3) Typical meaning
1. Strengthen special protection for military marriages and safeguard the legitimate rights and interests of military personnel.
Soldiers shoulder the arduous task of defending national sovereignty and territorial integrity, and defending against foreign aggression and subversion.
Strengthening the special protection of military marriages, handling cases of sabotage of military marriages in accordance with the law, safeguarding the legitimate rights and interests of soldiers, providing solid judicial guarantees for soldiers to serve in peace, and helping to serve the cause of strengthening the military in the new era are the duties that procuratorial organs should perform.
2. Accurately apply the law and punish the crime of sabotaging military marriages in accordance with the law.
Paragraph 1 of Article 259 of the Criminal Law stipulates that whoever lives with or marries the spouse of an active serviceman who knows he is the spouse of an active serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
In judicial practice, "adultery" type "cohabitation" is a difficult point to identify.
When handling such cases, procuratorial organs should pay attention to the boundaries and transformations between "adultery" and "cohabitation".
If it is only occasional adultery, it cannot be regarded as "cohabitation".
However, if the adultery lasts for a long time, has continuity, stability, high frequency, and has close ties in economy and life, and even causes serious consequences such as pregnancy, abortion, childbirth, etc., it already has the substantive elements of cohabitation, and it should be determined that In order to destroy the "cohabitation" in the crime of military marriage.
3. Strengthen military-civilian cooperation and improve the effectiveness of case handling.
When handling such cases, local procuratorial organs should strengthen cooperation with military procuratorial organs and relevant military units, form synergy in case handling, problem research, publicity and guidance, and jointly provide ideological enlightenment and psychological relief to active servicemen, and work with retired servicemen. The Affairs Bureau and other departments should do a good job in the stability of the rear of the soldiers, and effectively eliminate the worries of the soldiers.
Case 5: Zhang Mouhu Judicial Relief Case
(1) Basic case
Rescue applicant Zhang Mouhu, male, a retired soldier from a certain navy; Zhang Mouxin, born in March 2013, is the son of Zhang Mouhu.
Defendant Guo Moushou, at 20:00 on September 5, 2021, at Nanxiaoqiang Road, Liuxiang, Yingze District, Taiyuan City, took advantage of the victim Shen's unpreparedness to ride an electric bike and stole a mobile phone he carried with him.
After Shen discovered that his mobile phone was stolen, he chased and shouted to catch the thief. Zhang Mouhu stepped forward after hearing the shout and tried his best to catch up with Guo Moushou.
In order to resist arrest, Guo Moushou stabbed Zhang Mouhu with the folding knife he carried with him.
After identification, Zhang Mouhu's diaphragm rupture and hemorrhagic shock constituted the second level of serious injury, the hemopericardium caused by the cardiac contusion and the surface skin laceration constituted the first level of minor injury, and his traumatic hemothorax constituted the second level of minor injury.
On October 9, 2021, the People's Procuratorate of Yingze District, Taiyuan City started the judicial relief procedure.
On October 12 of the same year, the Yingze District People's Procuratorate made a judicial aid decision, giving Zhang Mouhu and Zhang Mouxin a relief fund of 100,000 yuan, which was paid in place in a timely manner.
On December 8, 2021, the People's Procuratorate of Yingze District, Taiyuan City prosecuted Guo Moushou for robbery.
On June 6, 2022, the Yingze District People's Court sentenced the defendant Guo Moushou to 14 years in prison for robbery and fined 20,000 yuan.
(2) Procuratorial performance of duties
1. Give full play to the advantages of procuratorial integration and actively perform their duties.
In the process of handling Guo Moushou's robbery case, the People's Procuratorate of Yingze District, Taiyuan City, after investigation and verification, found that Zhang Mouhu was a retired soldier. After his injury, his family lost the main source of income and his life was in trouble, while the defendant Guo Moushou had no Compensation ability, Zhang Mouhu meets the conditions for judicial relief and belongs to the key relief object.
The People's Procuratorate of Yingze District and the People's Procuratorate of Taiyuan City gave full play to the advantages of procuratorial integration, jointly carried out assistance, stepped up the review of application materials for assistance, and handled the procedures as quickly as possible in accordance with the law, and promptly issued 100,000 yuan of judicial assistance to Zhang Mouhu and Zhang Mouxin.
2. Coordinate multiple forces and implement comprehensive assistance.
The two levels of procuratorial organs in Taiyuan City jointly visited Zhang Mouhu's work unit, the party branch, the Veterans Affairs Bureau and other departments to jointly study comprehensive assistance measures for Zhang Mouhu; the joint education bureau visited his son Zhang Mouxin's school to coordinate The school reduced or exempted tuition fees, living expenses, etc., and included Zhang Mouxin in the list of student aid plans; coordinated with the Taiyuan Red Cross Society to deliver daily necessities, rice noodles, cooking oil and other daily necessities to Zhang Mouhu's family.
After various care and assistance, Zhang Mouhu's family got out of the predicament, and Zhang Mouhu's body also fully recovered.
In April 2022, the prosecutor who handled the case visited again and learned that Zhang Mouhu actively participated in the local epidemic prevention and control work as a volunteer and worked hard to give back to the society.
3. Carry out publicity on the rule of law, and exert the typical effect of being brave for justice.
Relying on the case handling, the procuratorial organs cooperate with relevant departments to actively carry out legal propaganda, vigorously promote the noble spirit of ex-servicemen and advocate the social customs of being brave, so that the whole society can feel the righteousness of the society and the temperature of justice.
In December 2021, Zhang Mouhu was awarded "Taiyuan's Courage as an Advanced Individual" by the Taiyuan Courage Association.
In March 2022, Zhang Mouhu was selected as "the most beautiful retired soldier" by the Taiyuan Municipal People's Government.
(3) Typical meaning
1. Actively perform duties and promote social integrity.
As a retired soldier, Zhang Mouhu, who saw injustice on the road, regardless of his personal safety, rushed forward to subdue the thief as soon as possible, demonstrating the moral responsibility and noble quality of the soldiers in the new era.
In handling such cases, the procuratorial organs should actively perform their duties, and through severe punishment of crimes, judicial relief, and publicity of the rule of law, to promote the social righteousness of righteousness and courage, and to promote the formation of a strong atmosphere in which the whole society cares about national defense and respects military personnel.
2. Give full play to the role of procuratorial integration and jointly carry out rescue.
Procuratorial organs should conscientiously implement the "Opinions on Strengthening Judicial Relief Work for Veterans" jointly issued by the Central Political and Legal Committee, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Veterans Affairs, and enhance their awareness of judicial assistance in the process of handling cases. , pay attention to discovering clues to judicial assistance, launch a "green channel" in time for eligible veterans and their dependents in difficulty, and implement judicial assistance and other assistance measures.
In view of the limited funds for grass-roots assistance, the role of the procuratorate should be brought into play, and the upper and lower levels should cooperate to carry out assistance to improve the quality and efficiency of assistance.
3. Build a coordinated rescue pattern to maximize the rescue effect.
In handling such cases, the procuratorial organs should strengthen communication and liaison with the Veterans Affairs Bureau, education, publicity, social assistance groups and other departments, gather forces from all walks of life, take diversified assistance measures, and do their utmost to help the veterans and their families trapped by the case. His family has overcome the difficulties and got out of the predicament, implemented the care and love of the party and the state for the retired soldiers in difficulties, and realized the organic unity of political effect, legal effect and social effect.
Case 6: Cao Mouming Judicial Relief Case
(1) Basic case
The rescue applicant, Cao Mouming, male, a retired soldier, is the victim of the contract fraud case of Zhao Moumou.
From March to November 2020, Zhao Moumou defrauded 33 victims of money totaling more than RMB 5.24 million by signing house purchase agreements on the grounds that he could buy a house at a low price. Among them, Cao Mouming was defrauded as his son, Cao Mou. Jie (an active duty soldier) paid a total of RMB 390,000 for the purchase of the marriage house.
Zhao Moumou used the defrauded money for online gambling and daily consumption.
On May 25, 2021, the People's Procuratorate of Jingxian County, Hebei Province prosecuted Zhao Moumou for contract fraud.
On August 24 of the same year, the Jingxian People's Court sentenced Zhao to 14 years in prison for contract fraud, fined him 250,000 yuan, and ordered Zhao to return compensation to the victims.
On August 26, 2021, the Jingxian People's Procuratorate made a judicial assistance decision after reviewing the law, and gave Cao Mouming a relief fund of 30,000 yuan, and cooperated with the Jingxian Veterans Affairs Bureau and the Town Veteran Service Station to provide comprehensive assistance to Cao Mouming. .
(2) Procuratorial performance of duties
1. Smooth connection and active assistance.
During the handling of the case, the procuratorial organ informed the victims of their rights and procedures to apply for national judicial assistance in accordance with the law, and took the initiative to perform their duties. They screened the specific circumstances of the 33 victims one by one, and found clues that Cao Mouming might meet the conditions for judicial assistance.
The procuratorial organ and the Veterans Affairs Bureau formed a special working class. The chief prosecutor led the team to Cao Mouming’s house for on-the-spot investigations many times, and asked the cadres of the town and village, the cadres of the “two committees” of the village, and the surrounding people to learn about the situation in detail. There are two generations of soldiers in a family, both husband and wife are ill, their son has been guarding the border for a long time, and there is a minor daughter in the family who needs to be supported. More than 200,000 yuan of the defrauded money was borrowed from relatives and friends.
After Cao Mouming's application, the procuratorial organ started the judicial relief procedure.
2. Cohesion and multi-dimensional rescue.
In response to the situation of two generations of soldiers in Cao Mouming's family, the procuratorial organs actively opened up a "green channel for judicial assistance for retired soldiers", gave priority to handling the case, and promptly issued 30,000 yuan of judicial assistance to Cao Mouming, alleviating the "urgent need" of Cao Mouming's family. .
At the same time, it also coordinated the comprehensive rescue of various forces, contacted the county veterans affairs bureau to issue a relief fund of 3,000 yuan; coordinated the town veterans service station to provide personalized assistance to expand channels for increasing income, and obtained a grant for her youngest daughter 8000 yuan.
3. Multi-party cooperation, recovering stolen goods and recovering losses.
In the process of handling the case, the procuratorial organs actively guided the public security organs to increase the investigation and collection of evidence on the whereabouts of the stolen money and the personal property of the criminal suspects, and intensified the investigation of suspicious clues.
It was finally found out that the defendant Zhao Moumou and his wife Liu Mouling planned to transfer property to evade responsibility by going through a fake divorce. The procuratorial organ suggested that the court should recover the 750,000 yuan involved in the case and return it to the victims according to law.
After the judgment, 55,000 yuan was returned to Cao Mouming in proportion.
(3) Typical meaning
1. Judicial assistance must be comprehensive and focused.
There are many victims involved in this case, and the families of the victims are also different. The procuratorial organs strictly follow the "People's Procuratorate's State Judicial Relief Work Rules (Trial)", on the basis of all the rescues that should be rescued and classified policies, in accordance with the "Regulations on Strengthening Opinions on Judicial Relief Work for Veterans", which included Cao Mouming in the scope of key relief objects, provided judicial assistance in a timely manner, helped solve family difficulties, and allowed Cao Mouming's son Cao Moujie to serve in the army with peace of mind.
In 2021, Cao Moujie was promoted to the military rank due to his outstanding performance. After his unit learned the results of the case, he sent a letter of thanks to the procuratorate.
2. Judicial assistance should be proactive and timely.
When handling a criminal case of violating the legitimate rights and interests of military family members, the procuratorial organ should conduct a comprehensive review of the case, make a pre-judgment on the recovery of property and damages, and at the same time actively investigate the family situation of the military family members of the killed military personnel, find rescue clues in a timely manner, and initiate rescue procedures.
In this case, when handling a contract fraud case, the procuratorial organ took the initiative to screen the victim's family situation, promptly found out Cao Mouming's situation as a veteran who was trapped due to the case, quickly started the judicial relief procedure, opened up a green channel for judicial relief, and issued relief in a timely manner Funds to solve urgent problems and achieve better results.
3. Judicial assistance should not only exert the combined force of "supporting the horse", but also highlight the endurance of "giving a ride".
Procuratorial organs should actively perform their duties, strengthen communication and docking with civil affairs and veterans affairs departments, build an effective connection mechanism between national judicial assistance and social assistance, and form a joint force for assistance and assistance.
It is also necessary to establish a cooperation mechanism with rural revitalization departments and grass-roots township governments, conduct regular return visits, evaluate the effect of assistance and assistance, extend "one-time assistance" to "long-term care", and further open up the "last mile" of judicial assistance.