The case of Liangshan's "not sentenced to declare first" was returned to retrial, and the defendant hoped that the court would have a fair judgment

On July 24, 2022, the case of Liangshan, which has attracted much attention from all walks of life, was issued back to the re -review for one year by the higher court, ending the 15 -day trial in Liangshan County Court. Choose the verdict.

Shangfa News noticed that the 15 -day trial time set the highest record of the trial time of the court. However, both the defense lawyer and their families said that the criminal facts accused by the public prosecution party were not confirmed in the 15 -day review.

What is even more strange is that the defendant was accused of suspected crime of forced transactions, extortion, and provocation. Defense lawyers have repeatedly requested reporters, investigators, witnesses, appraisers, victims, and other persons involved in the case to appeal in court. They were rejected by the court on the grounds of "unnecessary". The defense lawyer asked the Liangshan Political and Legal Committee to intervene in the case of "not judging first" and asked for trial in different places and was rejected.

"Not to be judged first" is criticized

This retrial was the case of Guan Mozong, Guan Mou, and Yang Moumei suspected of forcing transactions, extortion, and provocation. Shangfa News learned that as early as 2020, the case was criticized by legal experts because of the local government's "not being announced" by the local official.

The brochure printed by the Liangshan County Political and Legal Committee and the Crossing Office, "announced firstly" for some cases

According to previous media reports, in October 2020, the Liangshan County Political and Legal Committee and Liangshan County Sweeping Office printed a book "Sword Entertainment" to show the county's results of black and evil. However, the brochure was The cases that have not been sentenced in the court have been listed as "the results of anti -crime and eliminating evil", and in public places with large traffic in each village committee of Liangshan, as well as markets such as markets, streets, etc. Personnel and family members have caused great psychological pressure and negative effects.

Among these cases of "unreasonable first announcement" by the Liangshan County Political and Legal Committee and the county ’s Crossing Office, there were“ Guan Matong ’s suspected criminal criminal case of underworld organizations”. The brochure also printed the fact that Guan Mo Song and others were suspected of "12 illegal detention", and the prosecution did not accuse the fact that the crime of illegal detention was not accused.

At that time, the book was also printed on this brochure, "At present, the case has entered the trial session and is about to be pronounced". This "unreasonable announcement" approach has become the focus of public opinion. Law professors Xu Xin and well -known lawyer Du Zhaoyong have stated that the Liangshan County Political and Legal Committee and the county Sweeping Office of the Liangshan County Political and Legal Commission and the county ’s Crossing Office not only violated the principle of innocence and the prejudice, but also violated the reputation of the defendant's reputation. Power and privacy.

The first instance judgment was sent back to retrial

On November 20, 2020, the Liangshan County Court made a judgment of the first instance in this case to force Guan Moshi and others for a maximum sentence of 17 years in prison for the crime of forced transactions, extortion, and provocation. Non -guilty, appealing. On July 15, 2021, the Jining Intermediate People's Court ruled that the original judgment was revoked and returned to the Liangshan Court for retrial.

Shangfa News found that "About the appellant Guan Mou Song, Yang Moumei, Xu Moupeng, Zhang Moupo, and the original trial defendant Guan, Guan Mouwei's crime of forced transactions, extorting and extorting were sent to the Liangshan Court. In the reorganization letter of crime, provocation, "the letter of crime", it is clearly stated: "After the trial of our hospital believes that your hospital has violated the lawsuit procedures, the facts of facts, and insufficient evidence ..." "After looking at your college receipt, pay great attention to the problems in this case, negotiate and communicate with the public prosecutor's organs and investigating authorities as soon as possible, and properly trial the case."

During the review and prosecution of the first instance, the 34 employees of He Shun Company were dismantled by the Liangshan County Procuratorate into three cases. In the process of review, the first case was divided into two cases by the Liangshan Court. The case that took 15 days of review was one of them. The defense lawyer stated in court that the prosecution and trial of the sub -case did not comply with legal provisions, and the right to deprive the defendant's right to syndrome and ask questions, which will cause the facts to be unable to find out, and it is a serious procedure illegal.

During the review period, the defendant submitted key evidence

The public prosecution agency has accused that since March 2017, the defendant relied on Liangshan and Shunwu Ling Co., Ltd. to gradually form a criminal group of evil forces. They have adopted the threats such as those such as non -refundable fees and not allowing the car to pay the car. The victims continued to accept services such as vehicle extension and agency insurance provided by the company. They also cooperated with the "soft violence" methods such as collecting and stealing the victim's vehicles to implement a series of forced transactions, provocations, extortion illegal laws such as "soft violence" methods such as public creation. criminal activities.

The trial site on July 23

During this review, the defenders of Guan Moshi and others submitted new key evidence, that is, dozens of agreements signed by the company and various "victims", as well as the bank details of the bank repayment for the "victim" of He Shun. It is proved that the transactions of both parties are the expression of the true wishes of both parties, and there is no strong buying and strong selling behavior. According to the agreement, Party B does not get on the loan. Behavior. In the process of fulfilling the agreement, the two parties did not occur in violence or harm. When a dispute between the two parties, the police informed the two parties as economic disputes after checking the materials involved and did not establish a case.

Shangfa News learned that Liangshan has the largest used truck trading market in the country, and more than 1,000 service companies that provide loans and affiliation services. The competition is very sufficient. In similar cases before, it is often a car buyer because of arrears or cheating for lingering or cheating. The loan was sentenced to losing or sentenced, and He Shun was charged as a criminal group, the first time in Liangshan. Lawyer Beijing Zhang New Year said that this situation is obviously unreasonable and is in line with the characteristics of selective law enforcement. The public security organs are suspected of interfere with economic disputes and resolve civil disputes with criminal means. "This is a typical case of unjust and false cases that treat civil disputes as criminal cases. Adhering to justice and conscience, we can stand the verdict of law and historical tests, and truly allow the people to feel fair and just in every judicial case. "Guan Moshi's defender said in court.

Can the court stand up to the pressure to make a fair judgment? The result of the judgment was determined by the court's collegiate panel, or was it determined by the superior? On the morning of July 27, Shangfa Xinwen contacted Li Shiqiang, the chief of the case and the president of the Liangshan County Court, and said that he would follow the prescribed procedures.

In response to the latest progress of this case, Shangfa News will continue to pay attention. (Zhao Liang reporter Li Xinsheng)

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