【 rule of Law news 】 After opening a casino to release gambling debts, wishful thinking fails…

2022-05-05 0 By

After illegally opening a casino and lending money in the casino, he tried to legalize the illegal debt through litigation, only to be discovered by prosecutors.According to the procuratorial organ’s retrial procuratorial suggestion, the court revoked the original judgment after the retrial and rejected the plaintiff’s lawsuit request.”The prosecution should be commended for its outstanding contribution to maintaining social order by cracking down on routine lending and fake lawsuits.”On January 14, 2022, some deputies of the People’s Congress of Xinxian County, Henan Province, fully affirmed the handling of the case at a symposium on the civil procuratorial work of the Procuratorate of Xinxian County.In the interview, the reporter learned that in the process of handling the case, the Xinxian Procuratorate made full use of civil and criminal supervision methods, not only effectively cracked down on and punished illegal and criminal acts, but also paid attention to equal protection of the legitimate rights and interests of all parties, realizing the organic unity of political effect, legal effect and social effect.In April 2020, the Procuratorate of Xinxian County received the clue of “Chen Fa suspected of routine loan”.Hand in the case shows that Chen Fa, a new county resident, has more than 10 lawsuits in the county court, suspected of routine loans.After accepting the clues, the prosecutor in charge of the case, after careful study and judgment, retrieved all the files of the private loan dispute cases with Chen Fa as the plaintiff, and made relevant inquiries and investigations.The prosecutor handling the case to the witnesses to verify the case, the survey found between January 2014 and December 2015, Chen Fa in hsin-hsien place such as business car rental organization, participate in gambling activities many times, and repeatedly to one, Yuan Mou, Zhu Mou lend liao cash for gambling, and require the borrower to write ious, including 3 liao a successively write ious,The total amount of loans amounted to more than 1.2 million yuan.In October 2016, Chen Fa respectively liao mou and other 3 people to the court, request judgment three defendants to pay arrears and interest.The court held that liao and other three people borrowed money from Chen Fa and issued written iOU, which was the true intention of both parties, and did not violate the provisions of the law, and recognized the establishment of the private lending relationship between the plaintiff and the defendant, thus supporting Chen Fa’s appeal.”We found that the three people issued iOU in a concentrated time, with strong continuity of borrowing time. The two borrowings were usually only a few days apart or even a few days in succession, and the borrowing time between several people overlapped.”According to the prosecutor who handled the case, the amount of these loans are between 10,000 yuan to 50,000 yuan, and are not integer, “this does not accord with the conventional business turnover loan time and amount and other conventions, especially the date after the iOU are standard iOU.”After understanding Chen fa’s business situation and family life situation, prosecutors in the case believe that Chen Fa does not have such a large amount of cash to lend to others, and these loans are more consistent with the characteristics of casino lending.”The gambling behavior is confidential, and the loan is one-to-one, how to verify the reason of the loan is the key to handle the case.”Prosecutors first found the three defendants to verify the case one by one. All of them admitted that Chen fa provided them with the gambling money through opening a casino, but they deliberately did not say anything about their participation in the gambling for fear of legal liability.”There are only three testimonies of the accused, and the evidence is too thin to confirm the true situation. We have questioned more than 10 other witnesses who participated in or were at the gambling scene.”Prosecutors said the witnesses also confirmed that Liao, Yuan and others borrowed money from Chen for gambling and wrote iOU notes on the spot.Through investigation and analysis, the prosecutor handling the case that Chen Fa sued only provides the ious, no other supporting evidence of the existence of legal relationship lending, and are argued in court, the three loan relationships for a gambling debt, liao one of crept in the petition, ways of gambling, the formation of a gambling debt, has carried on the detailed, but not in the trial, provide effective evidence to prove the claim,The court of first instance failed to investigate the defendant’s defense according to law.At the same time, the testimony of other witnesses and the testimony of the three parties in the case mutually verified, the new evidence can prove that Chen Fa is a casino money lender, enough to overturn the original judgment, the court should issue a retrial procuratorial suggestion, requiring it to correct the wrong judgment.On September 30, 2020, the People’s Procuratorate of Xinxian County issued a retrial recommendation to the court in accordance with the law, suggesting that the case be retried in accordance with the law and the original wrong judgment be corrected.On November 1, 2020, the New County Court ordered a retrial.On December 28, 2020, the new county court, after a retrial, believed that Chen Fa and Liao mou and other three people’s loan relationship is gambling debt, not protected according to law, ruled to revoke the original judgment according to law, rejected Chen Fa’s lawsuit request.Casino penalty when the sin in the process of review the false case, the prosecutor handling the case found that between 2014 and 2016, Chen Fa for-profit, in its business car rental, and other places organized liao liao a home more than one, Yuan Mou gambling, and gambling money to help provide for the crept, obtain illegal interests, at the same time, also fabricated false facts to borrow,Bring a civil lawsuit, legalize illegal debt, achieve personal illegal purpose, meet the conditions of filing supervision.According to the two-way transfer mechanism of case clues, the civil procuratorial department of Xinxian County Procuratorate transferred this case filing supervision clue to the first procuratorial Department of the hospital for handling.After accepting the case filing supervision clue, the procurator found that there were a large number of people involved in the case and a large amount of money through reviewing the file, so he communicated and coordinated with the local public security organs and the Anti-mafia office and suggested setting up a special case team to jointly carry out investigation and evidence collection.On September 2, 2020, the Public Security bureau of Xinxian County investigated Chen Fa on suspicion of opening a casino and false lawsuits.In the process of investigation by the public security organs, Chen Fa refused to explain the facts of the crime at the beginning.Given liao one case the amount is larger, and Chen Fa borrowing lasted for a long time, and liao a replacement in case of gambling in the civil petition the most clear, liao a high degree of participation in gambling, know the situation, more, in order to break through the case as soon as possible, the prosecutor handling the case investigation timely intervention to guide the public security organs, and suggests taking a private lending dispute Chen Fa and manifold as breakthrough point,Carry out investigations and collect evidence.As expected, the criminal justice policy that the investigator uses leniency to match strict did after liao Mou thorough thought work, Liao Mou finally put down concern, all explained oneself to participate in gambling and Chen hair to open the relevant situation of the casino, the case made breakthrough progress.On September 29, 2020, the Xinxian Procuratorate approved the arrest of Chen Fa, a criminal suspect, on charges of opening a casino and false litigation.At the same time, the procurator also made a list of all the evidence, objects of proof, relevance and other matters that should be reviewed within the legal time limit in a form, pointed out the direction of the next step of investigation, and suggested the public security organ to make up the relevant evidence.On November 27, 2020, the Public Security Bureau of Xinxian County transferred the case to xinxian Procuratorate for examination and prosecution.In the process of review and prosecution, because of the large amount of money involved in the case, the influence is great, more witnesses, gambling places more, the amount of evidence is huge, the prosecutor in charge of the case while doing a good job in court, while doing a good job of confession.On December 27, 2020, the Xinxian County Procuratorate prosecuted Chen Fa, the defendant, for the crime of opening a casino and false lawsuit.On April 28, 2021, the Xinxian County Court heard the case, believing that Chen Fa provided gambling places and gambling funds for the purpose of profit, organized many people to participate in gambling, and the circumstances were serious. The defendant Chen Fa was sentenced to fixed-term imprisonment of four years and six months and fined 50,000 yuan for the crime of opening a casino.Chen fa pleaded guilty and repented in court.Inmates’ legitimate rights and interests to be protected in December 2020, because of drug trafficking was sentenced prisoners from the applicants by prison staff to the district public security bureau sent a tip-off that report Chen Fa casino, induce others to gambling, and to provide funds to crept in casinos, he borrowed 300000 yuan, in Chen Fa was later Chen Fa Sue to the court.After learning this clue, the new county procuratorate immediately to Chen Fa and Wu Jun between the folk loan dispute launched investigation procedures.The prosecutor first arrived at the prison where Wu jun served his sentence, and asked Wu Jun about the basic facts of the dispute over private lending with Chen Fa, and verified the time, amount, frequency and participants of Wu Jun’s gambling.”After understanding the basic situation, we went to the court to obtain the trial and execution files of the private loan dispute between Wu Jun and Chen Fa, questioned relevant witnesses, and finally verified that Wu Jun participated in gambling and borrowed money from Chen Fa for gambling, which was consistent with the situation of Liao and other three people.”According to the prosecutor, Wu was invited to Chen fa’s gambling office in July 2015, and borrowed a total of more than 300,000 yuan from Chen. In addition to the loans, there is still 242,000 yuan of loans that have not been paid back.At the same time, the prosecutor also found out that In January 2017, Chen Fa sued Wu Jun to the Xinxian County Court. The court confirmed the legality of the loan between the two parties after review, and finally supported Chen Fa’s demand in the form of a mediation letter, and Wu Jun needed to repay the loan principal and interest of 242,000 yuan.For the same reason as the previous case, on April 11, 2021, the Procuratorate of Xinxian County issued a retrial procuratorial suggestion to the Court of Xinxian County, requiring it to start the retrial procedure in accordance with the law and correct the original wrong judgment of the private loan dispute between Chen Fa and Wu Jun.On June 18, 2021, the New County Court ordered a retrial.As Wu Jun and Chen Fa are both in prison and affected by the epidemic, the Xinxian Court decided to immediately start the retrial procedure when the epidemic slows down.On August 2, 2021, Chen Fa’s wife walked into the reception hall 12309 of the Xinxian County Procuratorate with a sad look on her face. She wanted to find the prosecutor handling Chen Fa’s case.She told the prosecutor that the house she lived in had been auctioned and her pay card had been frozen during the court’s enforcement process. Now she and her two children could not guarantee their basic living expenses, and their lives were very difficult. She asked the prosecutor to “forgive her”.Case attorney review the person subjected to execution of life to ensure implementation off the Chen Fa wife, the prosecutor handling the case promptly seized Chen Fa and his wife as the defendant’s all executive file, looking for a dispute with Chen Fa wife creditors, visited Chen Fa wife’s unit, rent, to conduct a comprehensive survey of the situation of the life, work.After investigation, Chen Fa’s wife is a staff member of a unit in Xinxian county, and Chen Fa has two children, are school-age children.During the period of running a car rental shop, Chen Fa borrowed money from Xie and other 8 people for business activities. Due to failing to repay the money on schedule, Chen Fa and his wife were sued by Xie and other people to the court. The court ordered them to fulfill their repayment obligations and enforced them according to law.Later, Chen fa was in prison for the crime of opening a casino, and the pressure of repayment all fell on Chen fa’s wife.During the enforcement period, his house was auctioned and Chen fa’s wife’s salary card was frozen, so the mother and son had to rent a house in the county, with monthly rent of more than 500 yuan.According to the law, the court should reserve necessary living expenses for the person subjected to execution. Chen’s wife’s necessary living expenses include housing rent and minimum living security for mother and son, but the court did not take this into account when enforcing the law.After finding out the situation, the prosecutor in charge of the case communicated with the executive judge, who admitted that the current situation of Chen Fa’s wife had not been taken into account in the execution.In order to eliminate the contradiction between the original and the defendant, the prosecutor in charge of the case communicated with each creditor successively, and finally got the understanding and consent of 8 creditors.On November 1, 2021, the district people’s procuratorate to the district court issued a procuratorial advice, advice the court when executed in xinyang city dweller lowest life to ensure per month 570 yuan, the urban minimum living guarantee fiscal subsidy level per capita of $286 and the relevant provisions of the civil procedure law, in detention, extracting Chen Fa wife pay check,The necessary living expenses and rent of Chen Fa’s wife and her dependants shall be retained.On November 15, 2021, the New County Court accepted the prosecution’s recommendation.”Now we have basic living expenses for the three of us.We were touched by the humane justice of the prosecution.On January 4, 2022, when the prosecutor in charge of the case visited Chen Fa’s wife’s residence, Chen Fa’s wife said gratefully.Implement integrated Supervision, Prevent and sanction False litigation Guo Yu, Secretary of the Party Group and Procurator-general of The People’s Procuratorate of Xinxian County, Henan Province false litigation seriously obstructs judicial order, damages judicial authority and judicial credibility, infringes on the legitimate rights and interests of others, and destroys the social credit system.In the process of dealing with the trial and supervision cases of this kind of civil litigation, the procuratorial organs should be active in the administration of justice, adhere to the integration of procuratorial organs, the linkage of the upper and lower levels of procuratorial organs, and comprehensively use civil and criminal supervision measures to prevent and sanction false litigation.In handling this suspected false lawsuit series, we first solved the problem of finding case clues through massive data investigation and systematic analysis.This series of false lawsuits was pushed by the intelligent minxing supervision system after intelligent analysis and screening of massive civil judgment data.After receiving the clue, we connected with the court’s case management system to conduct a comprehensive review, comparison and identification of related cases, combined with the investigation of the task force to obtain evidence, and finally found out the fact that the private lending relationship involved gambling and false litigation crimes.The second is the double investigation of a case, realizing the double breakthrough of supervising the public security organs to file a case and suggesting the court to retry the case.This series of false lawsuit spans a long time, involves many witnesses, and are suspected of gambling illegal criminal behavior, some witnesses worry.In the face of verification difficulties, the prosecutor took the initiative to communicate with the public security organs and the Anti-mafia Office to set up a joint task force to carry out investigation.After the preliminary investigation results were obtained, the court issued a supervision filing notice to the public security organ, urging the public security organ to file a case for investigation of Chen Fa’s suspected criminal acts, and at the same time sent a retrial procuratorial suggestion to the court on the identified gambling facts, and finally obtained a revised sentence.So far, the case has achieved the dual effect of supervision of public security filing and court retrial.Third, the Supreme People’s Procuratorate and the Supreme People’s Procuratorate have worked closely together to strengthen their joint supervision.In order to overcome the grass-roots court case such problems as insufficient strength, large in the resistance monitoring at the same level, xinyang’s procuratorate to on-site guidance for many times, at the same time to eliminate the grass-roots court concerns, xinyang’s procuratorate communicated adequately with the district court on the retrial procedure, dispel starting retrial after impact on the international judges performance review, prompted the court accepted the truth retrial procuratorial suggestion,Form supervision resultant force truly.(Source: Procuratorial Daily Editor: Ma Ming)