Chapter 427: The Twists and Turns of the Case
Why not? But all roads are blocked——" Chen Xiaoyang replied
After the villagers were arrested, the Xialin County Procuratorate accused Chen Honglie and five other villagers of defamation and filed a public prosecution in the Xialin County Court.
The court ruled that Chen Honglie and five other villagers deliberately fabricated and spread fictitious facts to damage the personality and reputation of others. The circumstances were serious and their actions constituted defamation. Chen Honglie was sentenced to two years in prison and the other four were sentenced to one year in prison.
Unsatisfied with the court's judgment, Chen Honglie and others filed an appeal on the grounds that "the facts found in the original trial were wrong and the sentence was too harsh." As a result, the Xialin County Court issued a retrial verdict. The court still believed that the defamation was established, but this time the verdict was that Chen Honglie and others were each sentenced to an additional six months in prison.
After the first-instance retrial was pronounced, villager Chen Honglie and others were dissatisfied and appealed to the Linjiang Intermediate Court again on the grounds that "this case is a private prosecution case, and the procuratorial organ's prosecution was procedurally illegal. The issues reflected are true and do not constitute defamation."
"What's the attitude of Linjiang Intermediate People's Court?" Fan Heng became very interested when the matter came to this point.
Chen Xiaoyang told Fan Heng, "The Linjiang Intermediate People's Court made a ruling and found that the Xialin County Court did not follow relevant procedures and it was a procedural violation. It also ruled to revoke the first-instance judgment of retrial and return the case to the Xialin County Court for a new trial."
"Well, the Linjiang City Court's ruling is correct." Fan Heng nodded and affirmed.
When the case was brought back for retrial, the relevant media reported on it.
In view of this, the relevant departments in Linjiang City established an inspection team on the case. Shortly afterwards, the Xialin County Procuratorate applied to withdraw the case on the grounds that the facts and evidence had changed, and Chen Honglie and other villagers were released on bail pending trial.
How long after that. The families of the five villagers detained in the prison received notices from the judicial authorities requiring them to provide guarantees for these five people. But the family believes Guo is guilty. Just open a court hearing. If not guilty. Just drop the case first. What's going on with being released on bail pending trial?
The Xialin County Party Committee and County Government sent people to communicate with the families of the five villagers many times. I hope they agree to be released on bail pending trial. After the person is released, we can discuss whether to withdraw the case. But this move was rejected by the family members.
"So what happened next?" Fan Heng then asked.
"Due to the situation, we have to release him on bail pending trial." Chen Xiaoyang replied helplessly.
The younger brother of one of the villagers is the deputy director of the Forestry Bureau. Seeing that he couldn't get through the customs department for his job, he found his brother. Consider many factors. Finally, the villager was released on bail. The guarantor is the Forestry Bureau. Another villager's son works in the Education Bureau.
The other guarantor is the Education Bureau. The other two villagers were also mobilized by relatives. Only after relatives agree to apply for release on bail pending trial.
Chen Honglie's guarantor is the Water Conservancy Bureau because he has a brother-in-law who is engaged in well drilling business in the county. The Water Conservancy Bureau owes my brother-in-law a sum of money. Therefore, the Water Conservancy Bureau naturally became his guarantor.
"What is this? It's ridiculous!" Fan Heng couldn't help but snorted when he heard this.
"In short, in order to get the bail pending trial as soon as possible, Xialin County mobilized almost all their social relations." Chen Xiaoyang told Fan Heng, "The Forestry Bureau, Education Bureau, Water Conservancy Bureau and other units provide guarantees, which is equivalent to the guarantee provided by outsiders or Xialin The county government takes the initiative to provide guarantees, which is inconsistent with the original intention of the law. The essence of the law is that the submission of deposits and guarantors must be the initiative of the applicant.”
Fan Heng nodded and hesitated a little. The whole story of this matter was actually very simple. It was nothing more than a private toll station in the village. In the end, the internal disputes caused by the unfair distribution of the spoils were caused by the performance of the Xialin County Procuratorate and the Court. Beiwang Village The problem of privately setting up toll stations is not that simple, otherwise the procuratorate and courts, as well as the Lin County Party Committee and County Government, would have a somewhat ambiguous attitude.
The key point in this case is that it is obviously a private prosecution case, why did the procuratorate choose to turn it into a public prosecution case? According to the provisions of the Criminal Law and Criminal Procedure Law, it is a basic principle not to increase the penalty on appeal, but why did the court increase the penalty to five people when the second instance court retried the case?
The crime of defamation is a private prosecution case. The public security organs have no right to file a case, and the procuratorate has no right to initiate public prosecutions. Unless the behavior seriously infringes upon social order or national interests, according to the provisions of the criminal law, even if the party believes that his reputation has been damaged, he can only go directly to the court to file a private prosecution.
If a private prosecution case is taken the route of public prosecution, it will definitely be wrong no matter how it is tried. Why did the Linjiang Intermediate Court, which has the responsibility to correct miscarriages of justice, have to review the case twice instead of changing the verdict?
"There's a huge problem here." Fan Heng said to Song Qing after hearing the whole story.
If this matter is indeed as Chen Xiaoyang said, the issue of the private toll station in Beiwang Village is not only a matter for the village cadres. It is very likely that there are people in the county who are acting as a protective umbrella for them, and these people The energy can also affect the judicial justice in Linjiang City.
"What's the relationship between Chen Honglie and you?" Song Qing couldn't help asking Chen Honglie.
sentence.
"Chen Honglie is my uncle, otherwise I wouldn't know so clearly." Chen Xiaoyang replied.
Fan Heng nodded and said, "Okay, I'm aware of this matter. I will send someone to investigate the matter. I will inform you when cooperation is needed. It will not be publicized for the time being."
Song Qing sent Chen Xiaoyang out, sent someone to drop her off near Jiangnan Normal University, and then watched her walk back to the school before turning back.
At this time, Fan Heng was on the phone with Fan Wu Bing. When he saw Song Qing coming in, he said hello to her and then continued talking to Fan Wu Bing.
"It's a bit overstepping my authority to ask me to do this -" Fan Wubing was watching the excitement at Bailushan Reservoir. There was a big construction operation today. He was sitting on a three-story large excavator and watching. When the driver heard that his father asked him to privately investigate the incident at the Beiwang Village toll station in Xialin County, he felt a little weird, "Wouldn't it be over if you just asked the province to send people to investigate? Why bother with so much trouble?" of?"
Fan Heng replied, "I already have a crisis of confidence in the provincial prosecution team. Otherwise, why would I have thought of letting you go to the front line first?"
Although after the case and other bits and pieces, Fan Heng carried out some rectification of the public security and judicial teams in Jiangnan Province, but this action was mainly aimed at higher-level adjustments. As for the situation at the grassroots level, he was deeply concerned about the situation at the grassroots level. But I dare not have any expectations, especially when it comes to possible problems with local governments. Even if the local police, procuratorate, and law teams have different views, they may not dare to openly disobey the opinions of the county committee and county government.
The most urgent task is to understand the specific situation of the Beiwang Village toll station, find out the root cause of the problem, and follow the clues to find a certain protection umbrella. Only then can the matter be solved satisfactorily. Therefore, it is most convenient for people like Fan Wubing to use it.
Of course, it would be best if the Security Bureau could use its hands. Unfortunately, they never interfere in these trivial matters. If it does not involve national security, even if they know that there are serious problems with provincial executives. Corruption is also ignored. This is a matter of principle that everyone should take charge of his own affairs.
Fan Hengfan Wubing looked a little reluctant, so he added, "By the way, the little girl who redressed the grievance is very nice. She acts calmly and orderly, and looks very, very pure. She is you." The type you like, if you investigate this matter, you will have a chance to get in touch with her, or you may be able to make her like you."
After hearing this, Fan Wubing was speechless. After a long time, he replied, "Governor Fan, you should pay attention to your identity when you speak! Am I, your son, the kind of person who is not selective about food?!"
"Of course not. How could my son be so vulgar?" Fan Heng said sternly, "It's just that you seem to prefer helping beautiful girls get through difficulties."
Fan Wubing hung up the phone directly, thinking that his father was speaking a bit unscrupulously now. It was probably because the job of being a provincial governor was too stressful and there was no one to communicate with. If he kept talking for a long time, he would inevitably feel I'm mentally depressed, so if I catch myself, I'll let it out.
However, I can only help him deal with this matter. After all, my team in Jiangnan Province is also very large. It should not be difficult to investigate this kind of thing, especially matters in the county. In officialdom, almost all It's a transparent matter. It's just a matter of hiding it from the superiors and bullying the subordinates. You can just find someone with a similar identity and ask for details.
Fan Wubing knew something about privately setting up toll stations. Although the village was involved in this kind of thing, the beneficiaries would definitely not be just the village, or even the county, which had dividends. Otherwise, how could such a thing happen? Could it go on for years without anyone asking?
The official toll station in Beiwang Village, Xialin County, is directly under the jurisdiction of the province. The fees collected naturally go directly into the provincial finance, and have nothing to do with Xialin County or even Linjiang City. Therefore, Xialin County, Neither Linjiang City nor Linjiang City is interested in supporting them, which is why private toll stations like Beiwang Village can exist widely.
In fact, across the country, as long as there are toll stations, there will be ways to avoid tolls, and there will also be private toll gates. The amount of tolls lost every year in this area is greater than what the toll stations can collect. The amount that came up was much higher.
As for all relatively large-scale private checkpoints, they have basically contacted the local government or have the support of powerful people in the local government. Otherwise, they will not be able to cope with the surprise inspections by the public prosecutor and the law. , where can I sit there and share the spoils?
Fan Wubing intuitively felt that the cadres of Xialin County could not be blamed for this matter.
The second update was sent today, and we are still working on it.