After the procuratorial organs supplement the investigation by themselves, the facts of illegal fishing will not be determined

One night in February this year, in a waters near Wangsha Island, Linhuai Town, Sihong County, Jiangsu Province, Yang was supported by an iron boat. More than 220 pounds such as carp and other aquatic products, and sold them to fish vendors in the early morning, profit of 1100 yuan. In early June, the Sihong County Procuratorate accepted the illegal fishing case. However, after self -replenishment, the institute changed the qualitative of the case and did not determine the facts of the illegal fishing of the two.

Prosecutor went to Kojima to visit the investigation

This "fishing case" originated from a theft. In February of this year, Yang and Sun had conspired to steal electric tricycles batteries in Linhuai Town, Sihong County, and went over the wall into a person who had been uninhabited in the town for a long time to steal high -end liquor, cigarettes, tea and other items. More than 22,000 yuan.

On February 22, the owner called the police, and the public security organs arrested Yang and Sun by investigation. "We originally planned to go to the lake to fish, because the wind was heavy to steal it." During the interrogation process, a sentence Yang said attracted the attention of investigators of the public security organs. The public security organs were investigated and found that before the theft of theft, Yang and Sun had fishing more than 220 pounds in Hongze Lake.

On June 1, Yang and Sun were suspected of theft and illegal fishing aquatic product crimes were transferred to the Sihong County Procuratorate for review and prosecution. Yang confessed to the facts of theft and pleaded guilty, but he had always refused to recognize illegal fishing products: "I fish in my own fish pond, why is it illegally fishing?" Yang repeatedly argued that There is a small island in the lake. There is his own fish pond on this island. He did not fish or electric fish in protecting the waters.

These words attracted the attention of the prosecutor.

"From the results of the written review, the facts of illegal fishing products of the two are clear, and the words of Yang's justification are not very logically established." Zhao Sheng, the prosecutor of the case, introduced that the water surrounded by water and small islands on all sides and narrow area is an island. Where is the fish pond? Moreover, why do you want to pick up fishing in your own fish pond?

Although the evidence seems to be very conclusive, it is determined that the fish pond belongs to the scope of fishing, which is related to the crime and non -crime of criminal suspect's behavior, and has a significant impact. In order to dispel doubts and make up for the limitations of the written review, Zhao Sheng decided to carry out a self -investigation and go to the scene to find out.

On June 22, Zhao Sheng took the evidence collection equipment to the scene to visit the investigation. On the day, the temperature was as high as 34 ° C, the weather was hot, and the waters of Hongze Lake were unstoppable, and the heat waves were steaming along the way. What Yang said is located on a small island in Hongze Lake. Due to the continuous high temperature weather, the water level near the island is too low, the prosecutor had to change to the raft, and the raft can only be mixed with marsh in the mud. Move slowly.

From the sun to the dusk of the sun, it lasted more than 4 hours. The prosecutor finally embarked on the island, saw the fish pond described by Yang, and saw many scenes that could not be seen in the dossier.

"Although Yang's argument does not seem to be in line with common sense, the scene I see in front of me is highly consistent with the content he argued, and it can also confirm each other with Sun's description of the fish pond." Zhao Sheng introduced.

By inquiring about nearby fishermen and consulting related procedures, the prosecutor confirmed that the fish pond there was indeed a legal fish pond that Yang was legally contracted. After the survey site terrain, the prosecutor found that the fish pond there was a closed state, which was not connected with the protection of the water body. The object of product crime. Moreover, in order to sell fish during the day, fishermen do often fish in their own fish ponds in the early morning.

After on -site inspection and visits, the prosecutor believed that the evidence of this case was not enough to determine the crime of illegal fishing products of Yang and Sun.

On June 29, the Sihong County Procuratorate filed a public prosecution for suspected theft. On July 29, the court sentenced Yang to one year and five months in prison and fined 5,000 yuan.

(Source: Procuratorate Author: Chen Li Chen Ying)

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