Evidence details determine the direction of the case, the criminal prosecutor restores the real case

In the past, young people liked to read detective novels. At present, young people like to play secret room escape and script killing. In essence, they have obtained the pleasure of intellectual achievements from the analysis and reasoning of details. And our criminal prosecutor can experience this happiness without spending money-

Further disassembled the scattered evidence and tap the part that is the most related to the facts of the case. It is rebuilt according to the framework of the legal facts. The decision to decide not to be prosecuted allows those who are not guilty to be released. Thinking back to thousands of cases, the details in the evidence determine the direction of the case.

Does he have the motivation to commit crimes?

The rape case can be described as one of the weakest case types. Whether the evidence of sexual relationships is generally solid, but for whether they violate the will of women, both parties often hold their own words, especially for cases that are not particularly intense for resistance. If you cannot grasp the key details to determine it, it is likely to cause huge controversy or even the risk of public opinion.

I had handled a rape together. The men and women met through the Internet. Before the incident, they never met. When the two chatted, the man took the initiative to pursue the woman, and the woman asked the man 5,000 yuan to express his sincerity. Give money on the door, so the woman told her address. Then, after the man went to the woman's house, he had a sexual relationship with him. A few hours later, the woman reported the case.

During the police investigation, both parties recognized that there was a sexual relationship, but for whether the sexual relationship violated the will of the woman, the parties had completely contradictory claims. Since the case involves money, it is also the woman's initiative to inform the man's own address and agree with him to come to the door. Then whether this case is a premeditated rape or an obituary after the money transaction attempt, it needs to be further verified.

Through consulting the chat history, I found that in just a few days when the two met, the man repeatedly mentioned the request to sleep with the woman, but was rejected by the woman.

On the day of the incident, the woman clearly told the man to be in the physiological period, and her girlfriend she lived had to go home half an hour later, and she agreed to the man's door to give money but did not agree with sexual relationships.

In addition, according to the man's confession, on the day of the incident, he received 3,000 yuan in cash to prepare for the woman. However The situation is not real.

Although the man did not plead guilty from beginning to end, he was still punished in the face of solid evidence and was eventually sentenced to three years and six months in prison.

Is he at the scene of the crime?

With the laying of urban road monitoring equipment, many criminal acts can be quickly discovered, but sometimes because of too far or other factors, you can only see the crime and cannot directly lock the criminal suspect. The criminal suspect will also have a mentality of fighting, arguing that he is not at the scene, and the case is easy to fall into a deadlock.

I had handled a theft. The victim forgot to lock the door. The computer in the car was stolen. After the suspect arrived in the case, he insisted that he worked in a factory in Wuhan before the incident. The day before the incident, he had left Wuhan and returned to his hometown. Do not provide the so -called address of the work and the location of the ride.

In the live video retrieved by the public security organs, only someone stole something, and the person in the video was the suspect. The retreating video can only reflect that he sells the computer, and he cannot directly explain that things were stolen.

In the face of this "ghost defense", do you want to take risks? I dare not make a decision, I can only continue to track clues from the existing evidence. Soon, I found that the bicycle -sharing order payment time in the WeChat record was basically in line with the crime time. Later, through the cycling record in the suspect's mobile phone, we found that in the early morning of the incident, the suspect rode a bicycle to the hotel parking lot where the victim parking was parking, and then left the bicycle.

This detail strongly refuted the suspect's beginning, and I also ate a peaceful pill and successfully approved him to arrest and prosecute.

Has he really escaped

There are also cases that refuse to pay for labor remuneration together to impress me. Zhang Jingli (pseudonym) has opened a factory for more than ten years. Because of poor operation, he owed more than 30 workers' wages of more than 500,000 yuan. Workers went to the labor supervision department to report the case.

After the labor supervision department filed the case, Zhang Jingli instructed Zhang Jingli to pay wages within a time limit. However, he neither paid his salary within the time limit, nor the telephone and reply SMS of the staff of the labor supervision department. Based on this, the labor supervisory department believed that he had an escape, and then transferred the case to the judicial organs for processing.

When I received the case, I found that the salary had been settled, and the workers had no opinion on Zhang Jingli. It seemed that Zhang Jingli could constitute a crime and deal with it lightly, but a authorized attorney changed the case direction.

From a special entrusted authorization letter covering the official seal of the factory from the public security organs, I found that a worker entrusted by the factory was fully handling the arrears of wages, and the time was in order to pay Zhang Jingli to pay the salary.

Through further verification of the arbitration mediation and the court's execution notice, I found that 20 days after the instructions were issued, Zhang Jingli's son, and the factory manager participated in labor arbitration.

A few months later, the court performed the salary of the factory auction based on the results of the arbitration. In terms of form, Zhang Jingli did not pay the salary on schedule, and did not answer the phone without answering the text message, but in essence, he was already arranging personnel to actively handle labor disputes. Acts for labor compensation. In the end, we determined that he was not guilty according to law, and made a decision to not prosecute him to him. Is he the main criminal?

At the time of crime, the level is clear, and after the case, it is not uncommon for such a crackdown. Especially when the suspects have not arrived at the same time, the suspects are more obvious. As a prosecutor, we must not only listen to the words of some suspects, otherwise the prisoner may be misunderstood as a criminal, which will cause the consequences of suspended torture.

A case of organizing prostitution in 2021, the public security organs only captured employees such as reception, finance and other employees at the scene. The big boss behind the scenes had not yet arrived. One of the men claimed to be a reception. Upstairs, I was responsible for arranging the guests upstairs to choose a prostitution girl, and at the same time helped the boss pay for salary.

As the criminals told him, only one prostitute claimed to be recruited by the man, and then the public security organs transferred the man to the crime of suspected assistance to the crime of prostitution.

Because the case involved in the case was as high as more than 2 million yuan, if he was found to assist in the organization of prostitution, he might be sentenced to six years in prison. If the organization was found to be prostitution, the sentence will be as high as ten years.

The details of his recruitment of prostitutes caused my doubts. In order to find out his identity, I spent a few days to check the contents of dozens of G's mobile phone evidence transferred by the public security organs from beginning to end, and finally found clues in a network chat group.

The members of the group are only the man, boss, and another director who has not arrived. In addition to how to improve the team's performance, we also found that the man invited many prostitutes to work in his team in the group and promised to divide it into it. Essence In this way, we eventually lock the man's primary criminal and successfully sued the man for suspected organizing prostitution.

Most of the criminal cases run by the grass -roots procuratorate are ordinary cases that have no thrilling plots, so people often joked that we are also "workers on the judicial assembly line". The living parties do not dig deep or dig the case, which is sorry for the parties, but also sorry for this occupation. The ancients often explained that the Qiuqiu was required to focus on the review of details while grasping the overall situation of the case today. Only in this way can the people feel fairness and justice in each judicial case.

(Source: Fangyuan WeChat Author: Huang Yu, Prosecutor, First Procuratorate of the Procuratorate of Hanyang District Procuratorate, Wuhan City, Hubei Province)

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