The national procuratorial organs punish typical cases of violations of soldiers and military belongs of the military and army
Author:Supreme inspection Time:2022.07.29
Case 1: Liu Moumou, Wu Moumou
Pretending to be a soldier, the case of deception
(1) Basic case circumstances
The defendants Liu Moumou and Wu Moumou were men and unemployed. In December 2020, after the defendant Liu Moumou was pretending to be a soldier, after the prison was released, he was re -applied and purchased the cases of camouflage clothes, combat boots, shoulder stones, camouflage hats, camouflage bags, etc. from the Internet. The soldiers scammed. From December 2020 to March 2021, Liu Moumou lied that he was active soldiers for a certain army, fabricated pseudonym, deceived six victims such as Li Moumou through social software, and had sex with the above victims many times to deceive the victim's money. A total of RMB 14,777. The defendant Wu Moumou pretended to be a member of the people's armed department of a certain city to help Liu Moumou obtain two of the victims to trust and deceive a total of RMB 3150.
Inner Mongolia Autonomous Region's Urater Qianqi Banner People's Procuratorate filed a public prosecution on September 7, 2021 for Liu Moumou and Wu Moumoumou, who pretended to be a soldier. On October 11 of the same year, the Urater Qianqi People's Court sentenced the defendant Liu Mou to three years and five months in prison, and the defendant Wu Mou was sentenced to seven months in prison for seven months. None of the defendants appealed.
(2) Procuratorate performing duties
1. Examine the criminal clues, and timely conduct a case supervision. Relying on the investigation, supervision and collaboration mechanism of the Public Security Organ, the Urateqian Banner People's Procuratorate found that Liu Moumou was pretending to be a soldier to deceive the case clue during the normal performance performance. After investigating the dossier and communicating with the investigators, the procuratorate believed that Liu Moumou's behavior had reached the standard of pursuing the case and may be sentenced to more than a sentence of imprisonment. The public security organs were required to explain the reason for not filed the case.
2. Actively guide the investigation and dig deep into the criminals. During the handling of the case, the procuratorial organs may still have other victims after review. While making a decision to approve the arrest, they issued an outline of the continued investigation and guided the public security organs to verify the missed crimes based on the call records and the flow of funds. Later, the public security organs investigated and obtained evidence and supplemented the transfer of evidence.
3. Strengthen the study and judgment of cases and punish crimes in accordance with the law. Article 372 of the Criminal Law has no clear identification criteria in the crime of impersonating soldiers who impersonate soldiers and scams, and there is no clear sentencing guidance. In order to ensure that the case is accurate and the sentencing is accurate, the prosecutor considers a large number of effective judgments and believes that he has been impersonating soldiers to deceive and have sex with multiple women. It is serious about the circumstances. In the case of comprehensive guilty criminals, convictions and punishment, the procuratorate proposed that the defendant Liu Moumou was sentenced to three years and five months in prison, and the defendant Wu Mou had seven months in prison to be sentenced to prison and was adopted by the court.
(3) Typical meaning
1. Comprehensively grasp the harmfulness of criminal behavior, and accurately punish the military -related crimes. Pretending to be illegal and criminal acts such as the implementation of soldiers and deceptions not only harmed the legitimate rights and interests of the victims, but also harmed the public's trust in the army and soldiers, and endangered the national defense and military construction. According to the provisions of Article 372 of the Criminal Law, those who impersonate the identity of soldiers to deceive, constitute the crime of pretending to be a soldier, and shall be sentenced to imprisonment, detention, control, or depriving political rights for less than three years. The following imprisonment. The defendant in this case pretended to be the trust of the victims, had sex with the victims and cheated money, which seriously damaged the image of the soldiers and the army's prestige. The procuratorial organs shall accurately grasp the constituent elements of the crime of impersonating soldiers, and accurately identify the crime plot, punish the army involved in the army to deceive the crime, and maintain the good image of the army and the soldiers.
2. Strengthen collaboration and improve the effectiveness of the case. The procuratorial organs shall take the opportunity to implement the "Opinions on Improved Investigation and Supervision and Cooperation Cooperation" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security, rely on investigating supervision and collaboration and cooperation with the office. Work together. During the handling of the case, give full play to the role of the case handling mechanism, strengthen the guidance of investigating and obtain evidence, dig deep and leak criminals, and ensure the quality and efficiency of the case.
Case 2: Wu Moumou fraud case
(1) Basic case circumstances
The defendant Wu Moumou, female, unemployed. From 2016 to 2019, the defendant Wu Moumou used the official seal of the military officials, military uniforms and a hospital of the PLA in Taicang City, Zhengzhou City, Henan Province, Zhengzhou City, Henan Province, and posing as a major female officer "Ye Lei". The fictional parents are the leading cadres of the army. They have repeatedly deceived the five victims such as Ding Moumou and other five victims of more than RMB 2.43 million on the grounds of helping others to introduce to the army and the partnership contracting forces hospital.
On July 6, 2021, the People's Procuratorate of Taicang City, Jiangsu Province filed a public prosecution for Wu Moumou's fraud. On September 23 of the same year, the Taicang People's Court sentenced the defendant Wu Moumou to ten years and six months in prison for fraud, and fined 100,000 yuan. Wu Moumou did not appeal.
(2) Procuratorate performing duties
1. Take the initiative to intervene in advance and guide the comprehensive collection of evidence. In view of the particularity of the army involved in the case, the procuratorial organs took the initiative to intervene in the investigation in advance. According to the means of Wu Moumou, the public security organs were advised to fix relevant evidence in a timely manner. Considering the impact of the case on military rights and the reputation of the army, the procuratorial organs held a case notice with the public security organs and the People's Armed Forces, strengthened communication and cooperation, reached consensus Hurry up and strictly handle. 2. Strengthen the review of evidence and dig deep into the fact that the criminal facts are thoroughly investigated. The procuratorial organs were reviewed by objective evidence such as bank cards and WeChat chat records. Combined with witness testimony and Wu Moumou's crime, they believed that there may be other victims in this case. Therefore, while making a decision to approve the arrest, guide the public security organs to investigate and retrieve all bank card transactions under the name of Wu Moumou and his forged female officer "Ye Lei", and successfully lock the remaining four victims. In the end, the fact that the public security organs transferred the criminal facts from one of the censorship and arrested 5 to the 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 punish them in accordance with the law. The public security organs used Wu Moumou's suspicion, trading for armed forces, seal crimes, and impersonating soldiers to scam and cheat, and asked for approval to be arrested. The procuratorial organs were reviewed that forgery, buying and selling armed forces, and seal were a means of pretending to be impersonated by soldiers, and there was an implicit relationship before and after. They were arrested by Wu Moumou in accordance with the law and continued to guide the investigation. With the advancement of the crime, the facts of the crime gradually became clear. The procuratorial organs believed that Wu Moumou's behavior in this case also violated the crime of having a soldier and fraud. Charges were transferred for review and prosecution. The public security organs accepted the opinions of the procuratorial organs and transferred the review and prosecution for fraud. The procuratorial organs filed a public prosecution for fraud.
4. Strengthen military and land cooperation and promote source governance. In response to the case reflected in the case, the pseudo -officer's certificate is used to play the victim's trust and other issues, the procuratorial organs have carried out the source of criminal sources, and issued a risk prompt to the tourism industry's competent authority to promote the consolidation of supervision responsibilities and blocking the system loopholes. At the same time, we will improve the military and land collaboration mechanism, visit the Ministry of Armed forces of the Taicang City, and discuss and exchanges on the content of the military -related legal services, the publicity and education of the rule of law, and the coordination of cases. The procuratorial organs also actively implement the responsibility of law popularization, and publicize anti -fraud related knowledge through official WeChat, publicity posters and other channels, guide residents to register for the "National Anti -Fraud Center" APP and "Anti -Fraud Golden Bell Cover" WeChat Mini Program to guide residents Deat.
(3) Typical meaning
1. Accurately apply the law, and severely punish the impersonation of soldiers to deceive and fraud. In the process of handling such cases, the procuratorial organs should pay attention to guiding public security organs to comprehensively sort out objective evidence such as capital flowing, chat records, call records, etc., analyze and judge the relevant clues in a timely manner, deepen the facts of criminals, severely punish the military fraud crimes in accordance with the law, Essence At the same time, criminal acts that constitute the crime of impersonating soldiers and fraud, and should choose a felony. In this case, Wu Moumou's behavior constitutes the crime and fraud in pretending to be impersonated by soldiers. In prison; if the scam theory is in accordance with the crime of fraud, it belongs to the situation with a particularly huge amount stipulated in Article 2606 of the Criminal Law. According to the principle of consensus and punishment, combined with the facts of the case, Wu Moumou can accurately evaluate his criminal acts according to the crime of fraud, and it is more conducive to punishing crimes.
2. Relying on military collaboration to strengthen the comprehensive governance of military -related cases. The fraud cases impersonated by soldiers seriously damaged the image of the army and soldiers. The local procuratorial organs handle such cases, and should strengthen military and land cooperation, fully listen to the opinions of the military procuratorial organs and relevant troops, and improve the cooperation mechanism in terms of case handling, publicity publicity, promotion of the protection of the legitimate rights and interests of the military, and forming a joint force. At the same time, pay attention to extending functions, take the initiative, and promote the establishment of the system and mechanisms found in the case, promote the establishment of rules and regulations, block loopholes, eliminate hidden dangers, and strengthen the comprehensive management of military -related cases.
Case 3: Li Dai Destroyer's Marriage, Liu Mou's heavy marriage case
(1) Basic case circumstances
The defendant Li, female, unemployed. The defendant Liu, male, employee of a company. In April 2019, the defendant Liu registered with the active soldiers Cheng (female). Since May 2019, Liu's ex -girlfriend Li Mou knew that Liu was married, and his spouse Cheng was still a long -term improper relationship with the defendant Liu. During the pregnancy of active military soldiers, Li and Liu gave birth to a son. From September 1, 2020, he rented a house in the name of the husband and wife in the city where Liu was located, causing Cheng to break the relationship between Liu and Liu.
On January 24, 2022, the procuratorial organs filed a public prosecution to the court for the crime of destruction of the military marriage of Li and Liu. Liu was sentenced to one year in prison. Li and Liu did not appeal.
(2) Procuratorate and perform duties 1. Actively perform their duties and hunt up and of leakage in accordance with the law. At the beginning of the case, the public security organs asked the procuratorate to approve the arrest of the procuratorial organs for the destruction of Li's destruction, and did not hold Liu's big marriage behavior. After the procuratorial organs comprehensively reviewed the evidence of the case, they believed that Liu had a spouse and kept his lover's relationship with others, and then lived in the name of husband and wife. His behavior was in line with the constituent elements of the crime of drainage. Considering the poor social impact of this case, the procuratorial organs issued a proposal to the suspects to arrest the suspects to the public security organs, and put forward a detailed continuous investigation and evidence observation opinion to guide the investigation and obtaining evidence. The public security organs adopted the proposal of the procuratorial organs to approve the arrest with Liu for the crime of being suspected of a couple.
2. Accurately identify crimes and precisely crack down on destroying military marriage crimes. During the review and prosecution stage, the prosecutor was reviewed that Li still knew that Liu's wife Cheng was an active soldier, and still maintained the wrong relationship with Liu for a long time and gave birth to a son. , Resulting in the breakdown of Cheng and Liu. Li's behavior seriously destroyed Cheng's marriage and constituted the crime of destroying the army; Liu had a spouse, and lived with Li and the name of a husband and wife. In the handling of the case, the procuratorate actively carried out confession and punishment education. Through interpretation, Li and Liu voluntarily pleaded guilty and signed a conclusion of confession and confession. The procuratorial organs filed a public prosecution for the crime of destruction of the military marriage and the crime of Liu Mou. He also proposed a prison for prison for nine months in prison and one year in prison for one year in prison.
3. Pass the judicial temperature and show humanistic care. During the review and prosecution, Cheng Mou could not go to the procuratorate to explain the relevant situation in time because of the epidemic. He organized the prosecutor to communicate with him many times, soothing Cheng Mou, eliminating his negative emotions, encouraging her to overcome difficulties and actively live. At the same time, in view of the low income after Cheng's retirement, and the child is young, it meets the conditions of national judicial assistance, the hospital has launched the judicial assistance procedure in time in accordance with the law to issue rescue funds to Cheng.
(3) Typical meaning
1. Punish the military marriage crime in accordance with the law and protect the legitimate rights and interests of the soldiers. The particularity and mission of military occupation determine that their marriage and family relationships are different from ordinary families. In order to protect the country, the active soldiers stayed away from the family and worked hard. The destruction of the marriage and family of soldiers seriously hurts the feelings of soldiers and their relatives, affects the soldiers of the soldiers with peace of mind, and then affects the stability and combat effectiveness of the army. Therefore, my country's law gives special protection to military marriage. When dealing with such cases, the procuratorial organs should pay attention to the role of judicial leadership, education, and warning, actively fulfill the legal supervision functions, comprehensively review the evidence, hunt up the missed crimes in accordance with the law, resolutely punish and destroy the marriages of the army, and effectively protect the national defense interests and soldiers. Legal rights and interests, create a good environment for the rule of law for the establishment of the army.
2. Grasp the rules of conviction and achieve precise cracking down crimes. Article 259, paragraph 1 of the Criminal Law, knows that the spouse of the active soldiers shall cohabit or get married with them, and shall be sentenced to imprisonment or detention of less than three years. Article 258 stipulates that if a spouse is married, or if he knows that others have a spouse and get married, they will be sentenced to imprisonment or detention of less than two years. In this case, Li and Liu had a child, and lived together in the name of husband and wife, and had reached the substantial element of "marriage", which caused substantial destruction to the marriage of others. Liu's behavior belongs to "a spouse to get married", while Li's behavior constitutes the crime of destroying the army. In the case of such cases, the procuratorial organs should pay attention to the review of the big marriage on the basis of the review and identification of "cohabitation" to ensure accurate cracking down crimes and effectively safeguard the legitimate rights and interests of soldiers.
3. Multiple measures to help and effectively participate in social governance. In the process of handling the case, the procuratorial organs should adhere to the people -oriented, while dealing with the crime accurately according to law, can perform their duties, visit the investigation on the spot, take the initiative to understand the actual difficulties of the parties, take psychological counseling, regular return visits, judicial assistance and other diversified gangs Support measures, effectively resolve social contradictions, and promote social governance.
Case 4: Zhuang Mou destroyed the military marriage case
(1) Basic case circumstances
The defendant Zhuangmou, male, migrant worker. In April 2010, Huang Moumou registered with the active soldier Song Moumou. In August 2020, Zhuang Mou introduced to know Huang Moumou and learned that Huang Moumou's husband was an active soldier. From December 2020 to April 2021, Zhuang Mou and Huang Mou had sexual relationships in the house of Huang, Zhuangmou's home, and a hotel, and lived together. On April 21, 2021, the two had sexual relationships in Huang Moumou, and were discovered and the police were discovered and reported by Huang Moumou. The defendant Zhuang's behavior caused Huang Moumou's pregnancy abortion.
On June 30, 2021, the procuratorial organs filed a public prosecution with the crime of destroying the army by Zhuang. On September 27 of the same year, the court sentenced Zhuang to one year and six months in prison for destruction of the military marriage. Zhuang did not appeal.
(2) Procuratorate performing duties
1. Adhere to the strictness and strictness to ensure accurate punishment. The procuratorial organs were reviewed that Zhuang Mou knew that Huang Moumou's husband was an active soldier. He still had a relationship with Huang Moumou, living together, and caused Huang Moumou's pregnancy. At the same time, although Zhuang Mou expressed his conviction and punishment, in view of the bad circumstances, he should grasp the range from the width. The procuratorial organs filed a public prosecution with the crime of destroying the military's marriage, and proposed a sentencing proposal for one year and six months in prison, which was adopted by the court. 2. Relying on military collaboration to relieve the worries of the soldiers. During the handling of the case, the procuratorial organs learned through the county's people's armed forces that the military officer of the PLA department of the PLA, the troops focusing on it as a professional and technical personnel, and they also had the willingness to stay in the army for a long time to serve the country. In order to let Song Moumou put down his mind burden, get out of the shadow as soon as possible, and serve at ease, the procuratorial organs entrusted professional psychological counselors to psychologically guide Song Moumou. At the same time, the procuratorial organs contacted the troops that the troops were advised to conduct ideas of thinking on Song Moumou simultaneously to eliminate the psychological impact of the case on it. After the case was judged, the procuratorial organs, together with the retired military affairs bureau, the public security bureau, the village committee and other units to visit Song Moumou's parents' homes to help solve the difficulties of life.
3. Procuratorate proposal to promote internal stability with the source of the sources. After the case was settled, the procuratorial organs issued procuratorial suggestions to the county's retired soldiers 'affairs bureau. It is recommended to take various forms to strengthen publicity and education, and improve reward incentives and guarantee measures to cultivate soldiers' sense of professional mission, pride and honor, stimulate Military people build their merits and serve the enthusiasm, initiative, and creativity of the motherland. After receiving the prosecution proposal, the Retired Military Affairs Bureau was united by the Propaganda Department of the County Party Committee, the County Spiritual Civilization Office, and the County Radio and Television Bureau to carry out "the most beautiful retired soldiers" and "I am a gift for the soldiers" and other learning and propaganda activities. Regardless of the touching deeds of the body and selfless dedication, we will create a good social atmosphere of supporting the army.
(3) Typical meaning
1. Strengthen the special protection of military marriage and safeguard the legitimate rights and interests of soldiers. The soldiers should be responsible for defending national sovereignty, territorial integrity, defense and subversion of foreign aggression and subversion. For the peace of the motherland and the people, they fought in national defense positions. Strengthen the special protection of military marriage, handle the destruction of military marriage cases in accordance with the law, safeguard the legitimate rights and interests of the soldiers, provide solid judicial guarantees for soldiers with peace of mind, and help serve the strong military industry in the new era.
2. Accurately apply the law, and punish the military marriage crime in accordance with the law. Article 259, paragraph 1 of the Criminal Law, knows that the spouse of the active soldiers shall cohabit or get married with them, and shall be sentenced to imprisonment or detention of less than three years. In judicial practice, the "cohabitation" of "adultery" is the difficulty of identification. The procuratorial organs should pay attention to the boundaries and transformations of "adultery" and "cohabitation". If it is only occasional adultery, it cannot be identified as "cohabitation". However, if the adultery lasts for a long time, has continuity, stability, and high frequency, has close connections in economically and in life, and even causes serious consequences such as pregnancy, abortion, and fertility. To destroy the "cohabitation" in the military marriage.
3. Strengthen military and land cooperation and improve the effect of handling cases. If local procuratorates handle such cases, it shall strengthen the collaboration with the military procuratorial organs and relevant troops, form a joint force in terms of case handling, problem research, publicity and guidance The Affairs Bureau and other departments do a good job of stability behind the soldiers, and effectively eliminate the worries of soldiers.
Case 5: Zhang Mouhu Judicial Rescue Case
(1) Basic case circumstances
Rescue applicants Zhang Mouhu, male, and a retired soldier of the Navy; Zhang Mouxin, born in March 2013, is the son of Zhang Mouhu.
At about 20:00 on September 5, 2021, the defendant Guo Moushou was stolen a mobile phone he carried with him while the victim Shen Mou was not prepared. After Shen found that the mobile phone was stolen, he chased and shouted and caught the thief. Zhang Mouhu stepped forward after hearing the shout, struggling to catch up with Guo Moushou. In order to resist the arrest, Guo Moushou stabbed Zhang Mouhu with a folding knife carried with him. After identification, Zhang Mouhu's rupture and blood loss shock all constitute a serious injury. Heart injury caused the accumulation of pericardium and body surface skin wounds to form a minor injury, and its traumatic blood chest constituted minor injury.
On October 9, 2021, the People's Procuratorate of the Yingze District of Taiyuan launched a judicial rescue process. On October 12 of the same year, the People's Procuratorate of Yingze District made a judicial rescue decision to give Zhang Mouhu and Zhang Mouxin a 100,000 yuan benefits and issue it in time.
On December 8, 2021, the People's Procuratorate of Yingze District of Taiyuan City filed a public prosecution for Guo Moushou's robbery. On June 6, 2022, the People's Court of Yingze District sentenced the defendant Guo Moushou for fourteen years in prison and fined a fine of 20,000 yuan.
(2) Procuratorate performing duties
1. Give full play to the advantages of the procuratorial one and actively perform their duties. In the process of handling Guo Moushou's robbery in Yingze District, Taiyuan City, after investigation and verification, he found that Zhang Mouhu was a retired soldier. After his injury, his family lost his main economic source and his life was in trouble. The compensation capability, Zhang Mouhu meets the conditions of judicial assistance and belongs to the key rescue target. The People's Procuratorate of Yingze District and the People's Procuratorate of Taiyuan City played the advantages of procuratorials, jointly carried out rescue, stepped up the review of rescue application materials, handled it quickly according to law, and issued 100,000 yuan in judicial assistance to Zhang Mouhu and Zhang Mouxin in a timely manner. 2. Coordinate multi -party forces and implement comprehensive assistance. Taiyuan's two -level procuratorial organs jointly visited Zhang Mouhu's work unit, party branch, retired soldiers' affairs bureau and other departments to jointly study comprehensive assistance measures for Zhang Mouhu; the Joint Education Bureau visited his son Zhang Mouxin to attend the school and coordinated to coordinate The school reduction and exemptions of academic miscellaneous costs, living expenses, etc., and incorporated Zhang Mouxin into the list of student aid plans; coordinated the Taiyuan Red Cross, and gave Zhang Mouhu's family to daily necessities such as daily necessities, rice noodles, and edible oil. After many care and help, Zhang Mouhu's family went out of the predicament, and Zhang Mouhu's body was fully recovered. In April 2022, the prosecutor handling the case returned to visit again that Zhang Mouhu actively participated in the prevention and control of the local epidemic as a volunteer and worked hard to give back to the society.
3. Carry out the publicity of the rule of law and give play to the typical effect of righteousness. Relying on handling cases, the procuratorial organs will jointly carry out the publicity of the rule of law in conjunction with relevant departments, vigorously promote the noble spirit of retired soldiers to see righteousness, advocate the social customs of righteousness, so that the whole society can feel the righteousness and judicial temperature of society. In December 2021, Zhang Mouhu was awarded "Taiyuan City as an advanced individual" by Taiyuan City. In March 2022, Zhang Mouhu was selected by the Taiyuan People's Government as "the most beautiful retired soldiers".
(3) Typical meaning
1. Actively perform their duties and promote the righteousness of society. As a retired soldier, Zhang Mouhu was uneven and regardless of personal safety. He rushed forward to subdue the thief for the first time, showing the noble qualities of the moral responsibility of soldiers in the new era and seeking righteousness. For such cases, the procuratorial organs should actively perform their duties, and promote social righteousness of righteousness through severe punishment of crime, judicial assistance, and publicity of the rule of law, and promote the formation of a strong atmosphere of common concern to national defense and respect for soldiers.
2. Give play to the role of procuratorial integration and jointly carry out rescue. Procuratorate should conscientiously implement the "Opinions on Strengthening the Judicial Rescue Work of Retired Military Rescue" 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 Justice. Pay attention to the discovery of the clues of judicial assistance, and the "green channels" in a timely manner for the eligible retired soldiers and the military's subordinates to implement assistance measures such as judicial assistance. In response to the limited situation of grass -roots rescue funds, the role of procuratorial integration should be played, and the upper and lower levels will jointly carry out assistance to improve the quality of rescue.
3. Build a collaborative rescue pattern to maximize the effect of rescue. To handle such cases, the procuratorate should strengthen communication and contact with the retired military affairs bureaus, education, propaganda, social assistance groups and other departments, gather forces in all aspects, take diversified assistance measures to help retired soldiers and retired soldiers who are trapped in the case and the case of the case. His family passed the difficulties and out of the predicament, and implemented the party and the country's care and care for the retired soldiers in difficulties, and achieved the organic unity of political effects, legal effects and social effects.
Case 6: Cao Mouming Judicial Rescue Case
(1) Basic case circumstances
Rescue applicant Cao Mouming, male, retired soldier, was a victim of Zhao Moumou's contract fraud case.
From March to November 2020, Zhao Moumou deceived 33 victim's money by signing a house purchase agreement on the grounds of a low price to buy a house. Jie (active soldiers) purchased a total of RMB 390,000 for marriage room money. Zhao Moumou used the money to use the money for online gambling and daily consumption. On May 25, 2021, the Jingxian People's Procuratorate in Hebei Province filed a public prosecution for Zhao Moumou's contract fraud. On August 24 of the same year, the Jingxian People's Court sentenced Zhao to fourteen years in prison for contract fraud, and fined RMB 250,000, and ordered Zhao Moumou to refund the claims to the victims.
On August 26, 2021, the Jingxian People's Procuratorate made a judicial rescue decision in accordance with the rule of law, gave Cao Mouming's rescue deposit of 30,000 yuan, and joined the Jingxian retired military affairs bureau and the town retired military service station to conduct comprehensive assistance to Cao Mingsing Ming Mouming. Essence
(2) Procuratorate performing duties
1. Unblocked connection and active assistance. In the process of handling the case, the procuratorial organs informed the victims to apply for the right and procedures of national judicial assistance and took the initiative to perform their duties. The specific situation of the 33 victims was screened one by one, and Cao Mouming could meet the clues of judicial assistance. The procuratorial organs and the retired military affairs bureau formed a work class. The two -generation soldiers, the husband and wife are sick, their sons have been around for a long time, and the minor daughter in the family needs to be raised. More than 200,000 yuan in the deceived money is borrowed from relatives and friends. The economy is indeed difficult. Cao Mouming meets the conditions of judicial assistance. After applying for Cao Mouming, the procuratorial organs launched the judicial assistance procedure.
2. Cohesion of combination, diverse rescue. In response to the situation of the two generations of soldiers in Cao Mouming, the procuratorial organs actively opened up "green channels for retired soldiers' judicial assistance", prioritized the case, and promptly issued a judicial assistance fee of 30,000 yuan to Cao Mouming to alleviate the "urgent urgent" of Cao Mouming's family. Essence At the same time, it also coordinated the comprehensive rescue of multi -party forces, contacted the County Retired Military Affairs Bureau to issue 3,000 yuan to them; coordinating the town retired soldiers service station provided it with a personalized help to expand the income and increased income, and won the scholarship for her younger daughter. 8000 yuan. 3. Multi -party cooperation, pursue stolen damage. In the process of handling the case, the procuratorial organs actively guided the public security organs to increase the investigation and evidence and evidence of the personal property of the criminal suspects, and increase the investigation of suspicious clues. Eventually, the defendant Zhao Moumou and his wife Liu Mingling planned to handle the responsibility for evading property by handling fake divorce. The procuratorate suggested that the court recovered the amount of 750,000 yuan involved in the case and returned the victims in accordance with the law. After the verdict, Cao Mou Ming was 55,000 yuan.
(3) Typical meaning
1. Judicial assistance must take care of comprehensive, but also highlight the focus. There are many victims in this case, and the situation of each victim's family is also different. The procuratorial organs strictly follow the provisions of the "Rules of the National Judicial Rescue Work (Trial) of the People's Procuratorate (Trial)". "Opinions of the judicial assistance of retired soldiers" "incorporated Cao Mouming into the scope of the key rescue objects, giving judicial assistance in time to help solve family difficulties, and let Cao Mouming's son Cao Moujie serve in peace in the army. In 2021, Cao Mouje promoted the rank of promotion because of his performance. After his troops learned that the case was handled, he gave a letter to the procuratorate.
2. Judicial assistance must be proactive and timely. To handle the case of violations of the military and army's legitimate rights and interests, the procuratorial organs shall conduct a comprehensive review of the case situation, predict the pursuit of the pursuit of losses, and investigate the family situation of the victims of the victims. In this case, when the procuratorial organs handle contract fraud cases, they actively screen the family conditions of the victims, and timely find out that Cao Mouming quickly launched the judicial rescue procedure as a veteran as a veteran. Fund, solve the problem of urgency, and achieve better results.
3. Judicial assistance should not only play the combination of "supporting the horse", but also highlight the endurance of "send one journey". The procuratorial organs should be able to perform their duties, strengthen communication and docking with the civil affairs and retired military affairs departments, build an effective connection mechanism for national judicial assistance and social assistance, and form a joint effort for assistance assistance. It should also establish a collaborative mechanism with the rural revitalization departments and grass -roots township governments, conduct regular return visits, evaluate the effects of assistance assistance, extend the "one rescue" to "long -term care", and further open up the "last mile" of judicial assistance.
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