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张顺民盗窃案(Zhang Shunmin theft case)

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张顺民盗窃案(Zhang Shunmin theft case)张顺民盗窃案(Zhang Shunmin theft case) 张顺民盗窃案(Zhang Shunmin theft case) Poyang County People's Procuratorate Opinions on examination of arrest cases Check Po catching trial word (2006) No. 38 First, the case and review process This hospital in March 1, 2006 fr...

张顺民盗窃案(Zhang Shunmin theft case)
张顺民盗窃案(Zhang Shunmin theft case) 张顺民盗窃案(Zhang Shunmin theft case) Poyang County People's Procuratorate Opinions on examination of arrest cases Check Po catching trial word (2006) No. 38 First, the case and review process This hospital in March 1, 2006 from the Poyang County Public Security Bureau punishment provided the word (2006) No. 45 a request for approval of arrest suspect Zhang Shunmin, documents and case materials and evidence Yang back to suspicion of theft, the contractor prosecutor Wang Hongmei, help inspectors bear sword reviewed the case, the interrogation of criminal suspects to inform the rights and obligations and verify the relevant evidence, in accordance with the law of the case review is finished now. Two. Basic situation of criminal suspects 1, the suspect Zhang Shunmin, nicknamed "the drum", male, 28 years old, Han nationality, Jiangxi County of Poyang Province, junior middle school education, unemployed, living in Poyang County Lin Xiang Tuan Zhang Cun Wei Hui Zhang Jia cun. In February 1, 2006, he was detained by the Poyang Public Security Bureau on suspicion of theft and was detained in the detention house of Poyang county. In June 1996, he was sentenced to eight years imprisonment by the people's Court of Poyang County for robbery and theft. No serious illness affected by detention was found. 2, the suspect Yang back to the nickname "three, male, 31 years old, Tuo Zi Han, Poyang County, Jiangxi Province, primary school culture, the original Poyang County in the brilliant rice factory, who lives in Poyang Poyang County town of Changsha Temple No. twelve, now fled. In January 2003, he was sentenced to three years imprisonment by the people's Court of Poyang County for larceny. Three, the occurrence of cases, filing, solving the case In late January 31, 2006 10 pm, Poyang County Public Security Bureau police brigade police received an anonymous telephone: Poyang shuaitelong town at the junction of famous recidivist, named Zhang Shunmin, specialized in partnership with others theft, tuanlin group Zhang village. Police brigade police lawfully summoned Zhang Shunmin, interrogate, Zhang Shunmin confessed in 2005 7, in August in partnership with others near Poyang winery cottage theft oxygen cylinder 17. After further investigation, ask the victim and witness, cracked the case. In February 1, 2006, Poyang County Public Security Bureau investigated Zhang Shunmin's theft case. Four. Facts and evidence identified in the examination (1) the facts of the case identified by the investigating organ See the approved arrest warrant for details. (two) the facts and evidence identified in the examination The facts identified by the examination are basically the same as those determined by the investigation organ. The difference is that the suspect Yang early to participate in theft lack sufficient evidence to confirm. The above facts have been proved by the following evidence: 1, the confession of the suspect Kang Pingsheng in February 1, 2006 in Poyang County Public Security Bureau Criminal brigade confession: 2005 7, August day evening, about 7 o'clock, I went to Yang Zaohui's house, there is a blue four round car at the gate of his house, and the people in the north. At about 9 o'clock, we will discuss by me to the south side intersection lookout, Yang Zaohui junction in the north wind, the driver parked the car in the oxygen House, dwarf, Beiguan driver in and steal oxygen cylinders. On the bus we drove to the group in thirty Lin Xiang Kang Jia Cun, nicknamed the hunchback (also called my friend, my name is Le God) to open the door, the mother told the hunchback and put something in him. The hunchback was not at home, his mother did not know is stolen. The second day at 6 o'clock in the morning I went to the home about 8 o'clock this God, and also to the north the dwarf, I called the "three agricultural vehicles Chai Hu guy", I, and people will dwarf the oxygen bottle onto the car north to Wuqiao town in Xu Yuanhong's house next to a house without building the door. Around 4 o'clock in the afternoon, the dwarf and the northern man called the car and removed more than ten bottles, leaving three for me to sell. It's not clear where they sold the bottle. The suspect Zhang Shunmin in 2006 2 1 April 3 copies of the confession, a statement 2 23 April, all of them together with others to steal oxygen cylinders confessed, consistent with other evidence obtained, can be set up. The fact that Yang Zaohui's confession is involved in the theft has no other evidence. 2. Victim statement Zhang Xunyang (male, 36 years old, self-employed), Living in the town of Poyang town 78, the front and rear road, February 1, 2006, in the Criminal Police Brigade statement: I mainly engaged in industrial oxygen supply, fish business and aquaculture business owners. It is the solar calendar in 2005 September 2, 3 days one night, because my oxygen bottles stored in a broken tile Poyang winery next door machine factory, stolen. That morning, I arrived at the house put oxygen found the door lock pry door, also left a length of about 2 feet tiegun. After the inventory less seven oxygen bottle. According to the purchase price of a total loss of eight thousand yuan. All my bottles are marked with red paint. The statement shows that only 17 of the oxygen cylinders were stolen. Consistent with the confession of a criminal suspect, it can be established. 3. Witness testimony (1) Jiang Yanhuang (nicknamed "Chai Hu man", male, 51 years old, Poyang County Lin Xiang Ou Tang Cun Wei Hui Jiang Village) in February 22, 2006 last year, seven or eight Police Brigade testimony: in the morning at about nine, my nephew Zhang man Jiang Jia Cun (nicknamed "drum") to find me, call me help him to send a car goods, he said it was a gas tank. I drove a tricycle and "drum drum" together to Kang village, which is flat tile roofed house, there are two old people at home, there are two young people. Then, the "drum drum" and the two young people will be some bottles onto the car, I saw not the gas tank, and asked how is this jar, he said he is the boss to install, I said that the car is not installed, he said a total of only 17. Then I drove the drum and two young people and 17 bottles together to the town of Wuqiao, where three of them put the oxygen bottles into Xu Yuanhong's yard. "Drum drum" gave me fifty yuan, and I drove home. (2) Xu Yuanhong (male, 38 years old, Poyang County Lin Xiang Tuan Lin town people) in February 27, 2006 in tuanlin police testimony: 2005 seven or eight months of a day in the morning, my wife phoned me and said that Zhang Shunmin wanted to put some gas bottles in my house, I said to my wife that we do not touch. In the afternoon, when I got home, I found out that Zhang Shunmin had three or four people I didn't know who were talking along the road in front of my house. Zhang Shunmin said in the end my oxygen tank said after put in my house, I don't agree, so Zhang Shunmin asked me whether I have bought, I went to the credibility of tuanlin decorating department to find Jiang Hongguang, Jiang Hongguang and I went to see my oxygen bottle to talk about the price, and Zhang Shunmin soon, Jiang Hongguang took the board towed two or three oxygen bottle home. After an hour, Zhang Shunmin took two or three bottles of oxygen remaining towed Changhe handlebar. (3) Jiang Hongguang (male, 35 years old, individual decoration, home of Poyang County Lin Xiang Chen Jia Cun Sha Tang) in February 27, 2006, Interpol testimony: I bought three bottles of oxygen last year, the village of Xu Yuanhong is my introduction. In the last one hundred and twenty yuan each money. At that time I only feel the price is quite cheap, unknown source or origin, I want to be a cheap. Several bottles of mouth seem to be painted with red paint. The witness's testimony proves that the suspect Zhang Shunmin and two young people sold the stolen oxygen bottles from Kang village to Wuqiao town (namely, Lin Lin town), and sold three of them to Jiang Hongguang. It is consistent with the other evidence obtained and can be established. In addition, the witness Hu Yicai (male, 51 years old, Jiangxi County, Poyang) had a testimony that he bought three bottles of oxygen bottles with red paint from an unknown 30 year old man last year. 4, documentary evidence (1) a copy of the sales invoice of Jiujiang products with a number of 0009359. It is proved that the oxygen bottle purchased by Zhang Xun in February 2003 is 450 yuan. (2) the Poyang County People's Court [Po penalty No. (1996) No. 59, No. 165 (2002)] a total of two criminal judgments. Proof: Zhang was convicted of robbery and theft and was sentenced to eight years imprisonment in June 6, 1996. Yang was convicted of theft and sentenced to three years in June 4, 2005. (3) a certificate of household registration. Zhang Shunmin was born in August 22, 1977. 5, expert conclusion Poyang Price Certification Center [PO price read (2006) No. 9] on a stolen oxygen bottle price appraisal conclusion book. The proof proves that the stolen 17 oxygen cylinders are worth 7658 yuan. 6 evidence analysis (1) the statement of the victim Zhang Xun, the testimony of witness Jiang Yanhuang, Xu Yuanhong, Jiang Hongguang, and the conclusion of the appraisal show that there is evidence to prove the fact that the theft happened. (2) Zhang Shunmin's confession, witness testimony and other evidences prove that Zhang Shunmin and others have committed crimes. (3) the case evidence is listed investigators according to legal procedures, the witness from the qualified witness identity clear; criminal suspect and victim statements, witness testimony and expert conclusion can mutually and prove the facts of the crime suspect Zhang Shunmin already verified evidence, sufficient to identify. Five, the problems need to be explained 1, the suspect Zhang Shunmin and Yang Hui are recidivism. 2, to prove that the suspect Yang early return of evidence of theft only criminal suspect Zhang Shunmin's statement, the Department of solitary evidence. And I in the prosecutor's interrogation, Zhang Shunmin confessed Yang back to no involvement in the theft, their authorities in the investigation of confession in retaliation for Yang back to, because this was arrested, Yang is back to his back to the public security. 3, in the process of review of the case, our contractors and the investigators made contact, asking the suspect photos of Yang Zaohui, Xu Yuanhong, Jiang Hongguang, Jiang Yanhuang sent Hu Yicai to recognize, but investigators said, unable to find the file security registration frame, public security, court original record also cannot find the photos. 4, in order to improve the evidence of the fixed case, the author intends to make an outline of supplementary investigation of the case of not approving the arrest, and suggests that the public security organs should collect the following evidence: (1) the proof of the release of the suspect Zhang Shunmin and Yang Hui earlier. (2) Hu Yicai of the stolen goods suspect Zhang Shunmin identification record. (3) the driver Yanhuang confirmed that Zhang Shunmin and others will help ginger oxygen bottles from Kang Jiacun shipped to Wuqiao town is 17, and the town of Xu Yuanhong, Wu Jiang Hongguang confirmed that only see six or seven, difference of oxygen bottle should identify the larger number of decide on what path to follow. (4) the training samples stored in the extraction of a stolen iron left in the scene a photo attached, and identify whether Zhang obedient carry crime. (5) all direct and indirect evidence of Yang's early involvement in theft (6) further increase the tracing force of "dwarf" and "northern Guan people". 5, the suspect Zhang Shunmin repeated crime, common crime, subjective malignant deep, take bail, residential surveillance measures the Marquis examine the possible destroy or forge evidence, witness collusion or interference, escape, continue to implement the crime against society, so it is necessary to arrest. Six, processing opinions This case has evidence to prove that the suspect Zhang Shunmin has criminal facts: One night in 2005 7, August, the suspect Zhang Shunmin together with others and went to a house next to the town of Poyang winery, which will store the oxygen bottle stolen 17, that night to Tuan Lin Xiang Kang Jia Cun, the next day it was transferred to Wuqiao Town, after the fence to others. Poyang County by price Certification Center identification, stolen oxygen bottles worth 7658 yuan, a large amount, their behavior violated the "People's Republic of China criminal law" article 264th, on suspicion of theft, shall be sentenced to fixed-term imprisonment or more severe punishment, in accordance with the conditions of arrest, shall be immediately arrested according to law, "according to paragraph first of the People's Republic of China criminal law" sixtieth, sixty-eighth the regulation proposal approved the arrest of the suspect Zhang Shunmin. Identified the suspect Yang back to suspected of being involved in the theft of unclear facts and insufficient evidence, does not meet the conditions of arrest, according to the provisions of the "People's Republic of China criminal law" in article sixty-eighth, it is recommended not approved the arrest of criminal suspects Yang back to. Wang Hongmei Xiong Jian Two, 00, six, March 6th (Zhang Shunmin Yang Zao back to the theft of this page without text) Opinions of department heads: Opinions of the chief procurator or the procuratorial committee:
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