z
Why didn't there be any? But all the roads were blocked—" Chen Xiaoyang replied
After the villagers were arrested, the Xialin County Procuratorate accused Chen Honglie and five other villagers of defamation and filed a public prosecution in the Xialin County Court.
The court ruled that Chen Honglie and five other villagers deliberately fabricated and spread fictional facts, which damaged others' personality, reputation, and serious circumstances, and their actions constituted the crime of defamation. Chen Honglie was sentenced to two years in prison and the other four were sentenced to one year in prison.
Because he was dissatisfied with the court's judgment, Chen Honglie and others appealed on the grounds that "the original trial was wrong in determining the facts and the sentencing was too heavy." As a result, Xialin County Court made a retrial judgment, and the court still believed that the slanderous facts were valid, but the result of this judgment was that Chen Honglie and others were sentenced to six months of additional sentences respectively.
After the first instance verdict was announced, villagers Chen Honglie and others were dissatisfied and appealed to the Linjiang Intermediate People's Court again on the grounds that "this case is a private prosecution case, and the procuratorate filed a public prosecution is illegal, the problems reflected are true and do not constitute the crime of defamation."
"What is Linjiang Intermediate People's Court's attitude?" Fan Heng was very interested when asked here.
Chen Xiaoyang said to Fan Heng, "The Linjiang Intermediate People's Court made a ruling, determining that Xialin County Court did not follow the relevant procedures, which was a procedural violation. It also ruled to revoke the first-instance judgment of retrial and send the case back to Xialin County Court for retrial."
"Well, the Linjiang Municipal Court's ruling is correct." Fan Heng nodded and affirmed.
Just when the case was sent back for retrial, the relevant media reported on it.
In view of this, the relevant departments of Linjiang City established an inspection team on the case. Soon afterwards, the Xialin County Procuratorate applied for withdrawal of the lawsuit on the grounds that facts and evidence had changed, and Chen Honglie and other villagers were successively released on bail pending trial.
How long after that, the families of five villagers who were detained in prison received notices from judicial authorities to provide guarantees to the five people. However, if the family members thought they were guilty, they would go to the trial. If they were not guilty, they would revoke the case first. What's going on with bail?
The Xialin County Party Committee and the county government sent people to communicate with the families of five villagers on many occasions. They hoped that they would agree to apply for bail pending trial first. After the person was released, they would discuss whether to withdraw the case. However, this move was rejected by the family members.
"So what will happen next?" Fan Heng continued to ask.
"Due to the situation, I'm still on bail." Chen Xiaoyang replied helplessly.
One of the younger brothers in the village were deputy directors of the Forestry Bureau. When he did not do other work, he found his younger brother. He considered many factors. In the end, the villager was released from bail. The guarantor was the Forestry Bureau. Another villager's son worked in the Education Bureau. The guarantor was the Education Bureau. The other two villagers also agreed to apply for bail pending trial under the mobilization of relatives.
The guarantor of Chen Honglie was the Water Conservancy Bureau because he had a brother-in-law engaged in the well digging business in the county. The Water Conservancy Bureau owed his brother-in-law a sum of money. Therefore, the Water Conservancy Bureau naturally became the guarantor of his land.
"What's this all about? It's ridiculous!" Fan Heng couldn't help but snorted when he heard this.
"In short, Xialin County has mobilized almost all their social relations in order to handle bail pending trial as soon as possible." Chen Xiaoyang said to Fan Heng, "The Forestry Bureau, Education Bureau, Water Resources Bureau and other units provide guarantees that are provided by outsiders or Xialin County governments, which is inconsistent with the original intention of legislation. The essence of the law is that submitting the deposit and the guarantor must be an active act of the applicant."
Fan Heng nodded and became a little hesitant. In fact, the whole story is very simple. The village has set up a private toll station and the final internal dispute caused by unfair sharing of the spoils is judging from the performance of the Xialin County Procuratorate and the court. The problem of setting up a private toll station in Beiwang Village is not that simple. Otherwise, the attitudes of the procuratorate and the court, the Lin County Party Committee and County Government will appear a bit ambiguous.
The point in this case is that it is clearly a private prosecution case, why does the procuratorate insist on turning it into a public prosecution case? According to the provisions of the Criminal Law and the Criminal Procedure Law, it is a basic principle that no additional punishment for appeals is a basic principle, but why did the court increase the punishment for five people when the second instance court sent it back for retrial?
The crime of defamation is a case of private prosecution. The public security organs have no right to file a case, and the procuratorate has no right to file a public prosecution. Unless the act seriously infringes on social order or national interests, according to the provisions of the Criminal Law, even if the parties believe that their reputation has been damaged, they can only go directly to the court to prosecute.
For private prosecution cases, it is definitely wrong to be tried no matter how to correct the wrong case. Why does the Linjiang Intermediate Court, which is responsible for correcting the wrong case, have to send it back twice for retrial instead of retrial?
"There are big problems here." Fan Heng said to Song Qing after hearing the whole thing.
As Chen Xiaoyang said, the issue of setting up a private toll station in Beiwang Village is not only related to the village cadres, but it is very likely that some people in the county are acting as protective umbrellas for them, and the energy of these people can also affect the judicial justice in Linjiang City.
"What is Chen Honglie and you?" Song Qing couldn't help but ask Chen
sentence.
"Chen Honglie is my uncle, otherwise I wouldn't have known so clearly." Chen Xiaoyang replied.
Fan Heng nodded and said, "Okay, I already know this. I will send someone to investigate this matter. When it is necessary to cooperate, I will notify you again. It is not easy to promote it for the time being."
Song Qing sent Chen Xiaoyang out and sent someone to take her to get off near Jiangnan Normal University. Then she watched her walk back to school and then turned around.
Fan Heng was calling Fan Wubing in this matter. When he saw Song Qing coming in, he greeted her and continued to talk to Fan Wubing.
"I'm going to do this, it's a bit overstepping the authority-" Fan Wubing was watching the fun in Bailushan Reservoir. Today there was a relatively large construction action. He was sitting on a three-story large excavator watching the driver operate. When he heard his father ask him to investigate the incident in Beiwang Village, Xialin County, he felt a little incredible. "Isn't it over just asking the province to send someone down to investigate? Why do you have to do such a big deal?"
Fan Heng replied, "I have a crisis of trust in the procuratorial and judicial team in the province. Otherwise, why would I think of letting you go to the front station first?"
Although Fan Heng rectified the public security, procuratorial and judicial teams in Jiangnan Province after the case and some other fragmented matters, this action was mainly aimed at a higher level of adjustments. He dared not have any expectations for the situation at the grassroots level, especially when it comes to possible problems in the local government, even if the local public security, procuratorial and judicial teams have different opinions, they may not dare to openly disobey the opinions of the county party committee and county government.
The most urgent task is to understand the specific situation of the Beiwang Village toll station, find out the root cause, and follow the clues to find the protective umbrella of a certain post, so that the matter can be solved successfully. Therefore, it is most convenient for Fan Wubing to use it.
Of course, if you can use the security bureau's hands, it would be the best. Unfortunately, they never interfere with these trivial matters. If it is not involved in national security, even if they know that the provincial executives have serious corruption, they will ignore it. This is the principle issue of each in charge.
Fan Heng and Fan Wubing looked a little reluctant, so he added, "By the way, the little girl who made an offer for justice is very good. She is calm and organized, and looks very pure. She is the type you like. If you investigate this matter, you will have the opportunity to contact her, or it will make her have a good impression of you."
After hearing this, Fan Wubing was speechless and replied after a long time, "Acting Governor Fan, you should pay attention to your identity when speaking! Are you the kind of person who is hungry and eats?!"
"Of course not. How could my son be so vulgar?" Fan Heng said seriously, "but you seem to prefer to help beautiful girls through difficulties.
”
Fan Wubing hung up the phone directly, thinking that my father is a little unscrupulous now. It is estimated that the work pressure of being a governor is too great and there is no one to communicate with. After talking nonsense for a long time, he will inevitably feel mentally depressed, so he has to vent his feelings after he catches himself.
However, I can only help him deal with this matter. After all, my team in Jiangnan Province is also very large, so investigating such matters should not be difficult, especially in the county. It is almost transparent in the officialdom, just concealing the superiors and deceiving the subordinates. Just find someone with similar identities to ask clearly.
Fan Wubing also knows a little about setting up a private toll station. Although this kind of thing is in the village, the beneficiary will definitely not be just in the village or in the county. Otherwise, how could such a thing last for several years without anyone asking about it?
The official toll station in Beiwang Village, Xialin County is directly under the province, and the fees collected are naturally directly included in the provincial finance, and have nothing to do with Xialin County or even Linjiang City. Therefore, no matter Xialin County or Linjiang City, they have no interest in supporting them. This is also the reason why private toll stations like Beiwang Village can be widely present.
In fact, within the country, as long as there are places for toll stations, you will definitely find ways to avoid tolls. There will also be a phenomenon of setting up toll levels privately. The annual loss of tolls in this area is much higher than the amount that can be collected by toll stations.
Any private checkpoints with relatively large scale basically say hello to the local government or have strong support from local governments. Otherwise, they will be unable to afford to deal with surprise inspections from the public security, procuratorial and judicial departments. Where can they sit there and share the spoils?
Fan Wubing intuition thought that the cadres in Lin County could not remove this matter.
Chapter completed!