Difficult cases must also be made into iron cases
Author:Fuya Fukuyama Time:2022.08.29
"Everyone pays attention. By classifying the data such as traceability, secret personnel, etc., we can build a 'anti -leakage judgment, leak -proof, leak -proof, and leak -proof inspection' 'Early warning model ... "On August 22, Qin Zhichao, deputy director of the Eighth Review and Survey Office of the Discipline Inspection Commission of Wuxi City, Jiangsu Province, returned to the unit from the headquarters from the epidemic prevention and control war, and shared with colleagues to use electronic data inspections The experience of the epidemic prevention and control of the "Riqing Ridge" work.
Since 2012, Qin Zhichao has devoted himself to studying modern information technology and applied it to the practice of disciplinary law enforcement work. He participated in investigating and investigating a number of major cases such as judicial systems and engineering construction. The case he investigated was rated for the top ten boutique cases in the province for three consecutive years. A few days ago, Qin Zhichao was awarded the advanced worker of the Jiangsu Discipline Inspection and Supervision System.
Fire eyes, golden eyes, find evidence of bribery from massive information
At the beginning of 2019, a clue about the bribery of Xie Mou, a member of the trial committee of the Wuxi Intermediate People's Court and the president of the administrative court, was transferred to the Wuxi Discipline Inspection Commission. However, the clue of this problem is relatively vague, and it is still not possible to apply for the case. The first nuclear group retrieved information materials that may be related to the case, but it is not easy to find key evidence hidden in it from massive information.
"We just want to make the difficult cases into the iron case." After sorting out the information retrieved by the first nuclear group, Qin Zhichao followed the "four You" who had "four You" who had "litigation cases, close exchanges, invited matters, and banks." Establish a data analysis model. It took only a day to scree from thousands of objects with Xie Mou who had had three suspicions of bribery. One of them was Sun Mou, the owner of a decoration company.
Immediately afterwards, Qin Zhichao further analyzed the information related to the industrial and commercial, taxation, administrative violations, and litigation related to Sun, and found that Sun Mou had won the second trial in the civil case hosted by Xie Mou. Xie's son Xiao Xie paid 129,500 yuan to the company at one time.
"From prepaid to acceptance, the decoration generally pays several times, but Xiao Xie is paid at a time. And such a large area of villas, the full -package is only more than 100,000 decoration funds, which is not in line with common sense." In doubt, Qin Zhichao and the financial staff came to Sun Mou to check the account. The account book shows that 129,500 yuan is indeed part of Xie's family's repairs, but when I saw a record of "receiving 80,000 'design fees' (remarks: payment cash)" Essence
"Why did this 'design fee' be paid on behalf of cash and who paid the money?" Qin Zhichao, who was staring at the account book, suddenly asked, Sun Mou, who had no ideological preparations, looked pale in an instant and a long while. Seeing that I couldn't go on, I had to admit that I met the fact that I met a renovation fee of 80,000 yuan.
After Xie Mou and his son, Xiao Xie were left, a electronic watch called "decoration cost" in Xiaoxie's laptop attracted the attention of Qin Zhichao.
The results of the inspection show that the decoration list created four years ago was added to Xie's "furniture, 150,000" content on the day of Xie's notification.
"After your house was renovated, where did the furniture buy it, and the invoice was taken to see." In the face of the questions of the case handling staff, Xie Mou obscured the "long time of decoration" and "unclear remembers".
In order to find valuable clues, Qin Zhichao carefully studied the real estate involved in the case. When he saw the LOGO mark on the bedroom door residual protective film, he immediately had an idea: "Starting from the manufacturer of the production furniture, maybe he can dig out it. Evidence. "Qin Zhichao immediately searched online, and quickly found the industrial and commercial registration and legal representative information of the wood industry company, and inquired about the company's time in Xie as the President of the Municipal Intermediate People's Court of Civil Court. There are many cases.
When the staff handling staff found the information about the owner of the wood industry company to understand the real estate decoration involved, the boss refused to provide information on the grounds that he had no bookkeeping and registered computer replacement in the departure.
At this time, the slogan of "all -house custom furniture" on the company's wall made Qin Zhichao's eyes brighter: "Since it is customized furniture, there must be design materials." Thinking of this, Qin Zhichao looked at several designers to use it. Computer. Open the search engine, enter keywords, and click search. Xie's furniture design patterns and supply lists are displayed on one of the computers. The boss couldn't help but had to admit the fact that he bribed more than 280,000 yuan of furniture to Xie.
In the face of Tie Certificate, Xie had to confess his use of power and seek benefits for others in litigation and execution. He has received a total of 2.58 million yuan in violation of discipline and law. In the end, Xie was sentenced to five years and six months in prison for bribery. The case was selected as the top ten fine cases of the information technology application of the Jiangsu Discipline Inspection Commission.
Technology empowerment, so that electronic data directly becomes evidence of trial
"Electronic data must not only help breakthroughs in cases, but also as a form of legal evidence, it should be directly become the basis for conviction to quantify." At the investigation and handling of Xie's case summary conference, Qin Zhichao talked about the work goals of the next stage.
But how to use electronic data to directly prove duty crime? In a subsequent practice of handling the case, Qin Zhichao began a new exploration.
In June 2021, Qin Zhichao was transferred to investigate and investigate the bribery case of Shenmou, former vice president of Taihu New City Development Group Co., Ltd. He led the team through analysis of relevant information, and soon allowed Shen to buy houses at low prices, dry stock dividends, and let others pay decoration fees such as disciplinary violations. "From the analysis of the current situation, Shen's bribery method is very hidden. There may be tricks that we have not found. When analyzing the relevant information, everyone must be careful." Qin Zhi knew that the smooth the case, the more he could not take it lightly.
Sure enough, when investigating Shen's important bribery, Sun Mou's Alipay bill, the case handler found that Sun had a record of recharging a mobile phone account thousands of times, with a total amount of millions of yuan.
"Sun didn't use this phone, and she was almost 60 years old. Will he spend so much money to buy virtual products? Will there be other problems behind this?" The task force immediately asked Sunmou. Unsurprisingly, according to Sun's explanation, she binded her personal Alipay with her game account to please the recharge fee in order to please Shen who loved to play mobile games.
The truth of the "routine" of mobile games recharge and accepting bribes can be treated with frequent circulation of recharge funds, fragmented consumption records, and long time span. How to determine the amount of bribery is difficult.
"The recharge records are all electronic data. We must do a good job of relevant investigation and inspection to ensure that the source of the data is legal and can be directly used as evidence of bribery." At the case analysis meeting, Qin Zhichao faced the challenge and took the initiative to take over the burden.
In response to the difficulty of obtaining evidence, after in -depth analysis of Qin Zhichao and the team, he decided to analyze the briber Alipay bill and game account bill, trace the source of each game, and create the "continuous, additional capacity matching of the amount before and after time" model. , Correspondingly related to the recharge of thousands of complicated games, accurately calculate the accurate amount of the recharge of mobile games for generations, and then produce electronic data inspection inspection transcripts to fix electronic data into evidence.
Adopting this method, Qin Zhiqi team completed the transcript of all electronic data for 4 days, forming a court review evidence that Shen Mou received 2687 pens and a total of 1.27 million yuan, and was eventually adopted by the judicial organs. Essence On January 19 this year, Shen was sentenced to ten years and three months in prison for bribery.
Practical training, cultivating more information about case handling of cases
"Once electronic data is fixed as evidence recognized by the judicial organs, it can not only greatly enhance the confidence and determination of the case -handling personnel to break through the case, but also quickly defeat the fluke of the investigation object and promote his conviction." Qin Zhichao summarized the electronic evidence collection and investigation and inspection operation process during the investigation of the case of duty crime, and formed a standardized practice. It has promoted the relevant electronic data and investigation transcripts as evidence and was adopted by the judicial authority.
In order to help cultivate more information -based case -handling talents, Qin Zhichao carefully summarized the experience of electronic data survey, and has been refined into 10 practical courses. He has been invited to teach cadres in various places to teach cadres in various places. His curriculum content is closely attached to the practice of case handling and is welcomed by the students. During a lecture on a new disciplinary inspection and supervision cadre, he paved a bunch of banks such as bank transfer, engineering project tax bills, and other case materials on the table. He provided problem clues on the spot and took the students to analyze and judge. One item data is combed, and the verification is inferred again and again. Qin Zhi superior to demonstration. Within two hours, the clear context of the case was fully presented in front of him.
Some trainees asked: "Director Qin, your judgment speed is too fast. How can we have such a skilled technology?" Qin Zhichao replied: "When you have a lot of cases in your case, you can really study it. 'Technical thinking' and 'thinking of case handling' "are well combined, and naturally do it."
Source: website of the Central Commission for Discipline Inspection
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