Meaning network Henan on December 15 electric (reporter Gao Chuanwei) in community caused widely dispute of Henan 3.68 million Yuan "sky-high had fare case", today at 9 o'clock in the morning in Henan in pingdingshan city Mount Meru were kind of County people's Court for retrial. Internet users on the trial Shi procuratorial organ allegations of "sky-high crossing fee" 3.86 million shrink to 492300 issued questioned, on this Henan province procuratorates public prosecution a Department of Director Meng Guoxiang in accept reporter interview Shi said, this times procuratorial organ sued will trial allegations amounts in the plus received plus penalty part set, $ 492300 according to the basic toll finds that embody the Prosecutor seeking to correct the error, correct response to the concerns of Internet users, whom he found to be reasonable. Today morning, after a 3-hour hearing, the Court Court ruled the case, Shi Junfeng committed fraud, principal culprits in the present case, finds surrendered, was sentenced to 7 years ' imprisonment, a fine of 50,000 Yuan; Shi Jianfeng committed fraud, was sentenced to 2
Years and 6 months, a fine of 10,000 yuan; liushen, Mingwei Wang separately when committed perjury, was sentenced to 1 year imprisonment, suspended for 1 year. In court, prosecutors and trial on the merits of the allegations and no change, but the amount of the alleged crime and the trial has a dramatic change in the amount of, the original charge amount is 3.68 million, this time accused of amounts into the 492300. adjournments during and after the delivery, the procuratorial daily justice network reporters interviewed on relevant issues in the courts to observe the public prosecutor's Office of the public prosecution department director Meng Guoxiang in Henan province. Reporter: accused troops of Shi Junfeng, who used forged vehicle fraud-free high speed toll, why must follow the fraud be punished? Meng Guoxiang: refers to the crime of fraud for the purpose of illegal possession, use cheating methods so as to obtain large amounts of public and private property. in this case, the person gets more benefits such as Shi Junfeng, armed police force vehicles using forged license plate, holding a forged army documents, by
Deception, high speed charging party did not charge tolls, resulting in a loss, in line with the constituent elements of the crime of fraud. First, in accordance with the Supreme People's court related judicial explained, defendant of behavior should finds for fraud crime. on April 10, 2002 of method release [2002]9, (following short 2002-9, explained) 3rd section 2nd paragraph provides: "using forged, and variable made, and theft of armed forces vehicles plate, cheat from toll, and passage fee, various rules fee, amounts larger of, in accordance with the criminal law No. 266 section (is fraud crime) of provides conviction punishment." Army fronts when the judiciary found constitute fraud crimes to justice. Second, the 2002-9 of the supreme judicial interpretation is still valid. amendment to the criminal law of seven is only provided for "forgery, theft, or illegally providing or use of armed forces vehicles ' license plates for sale" nature of the Act itself, is provided, the use of armed force structure of the vehicle license plate
, For using the behavior implementation crime of behavior no touched, 2002-9, explained third section is on Hou species behavior of explained, explained is on to this behavior for means implementation other crime of provides, both mutual for supplementary, does not exists explained effect lost of problem. in addition, from judicial actual see, in Amendment seven purposes Hou, November 2010, highest court, and highest procuratorates joint publishing of legal sexual file, clear annulled has 37 pieces judicial explained, does not include 2002-9, explained, From 94 clean up invalid since the interpretation of the Supreme Court, has not annulled the explanation, so 2002-9, judicial interpretation is still valid, and applicable to this case. Again, whether the defendant used forged military vehicle behavior constitutes a crime without prejudice to the cognizance of the crime of fraud. Article No. 375 of 1997 criminal law provides that the illicit production, sale and format of the armed forces clothing, vehicles ' license plates and other special signs,
Section serious of, Department three years following prison, and criminal detention or control, and Department or single Department fine. on February 28, 2009 announced implementation of criminal law amendment seven on the section in 3rd paragraph increased provides: "forged, and theft, and sale or illegal provides, and using armed forces vehicles plate, dedicated flag, plot serious of, Department three years following prison, and criminal detention or control, and Department or single punishment gold; plot special serious of, Department three years above seven years following has prison, and Department fine." From related provides can see, criminal law amendment seven increased provides has illegal using forces vehicles plate behavior itself can separate constitute crime. Shi Junfeng, people using false army brand behavior itself, in accordance with the 97 criminal law does not constitute crime, in accordance with the from old and lighter of principles also cannot applies amendment seven finds for crime, but Shi army front using false army brand cheat from passage fee of behavior regardless of in accordance with the new old criminal law of provides are belonging to fraud crime, therefore, cannot to using
Army Act does not constitute an offence as set up by denying fraud. as a man holding a gun, and the firearm homicide, regardless of whether its Firearms Act constitutes a crime of illegal possession of firearms, and shall not affect the establishment of the crime of intentional homicide. Last, new of judicial explained also provides on using false army brand of behavior can finds for fraud crime. on March 28, 2011 highest method, and highest check sixth section provides "implementation criminal law No. 375 section provides of crime behavior, while and constitute tax evasion, and fraud, and posing as soldiers bluffing, crime of, in accordance with the punishment more heavy of provides conviction punishment". this case even applies amendment seven of provides, finds behavior people constitute illegal provides, and using armed forces dedicated flag crime, its using behavior also just means behavior, At the same time continue to pose a fraud, according to this explanation should also select the fraud conviction sentence, heavier penalties. Reporter: the trial court found crime amount is more than 3.68 million Yuan, why is this
Prosecutors alleged crime amount is $ 492374.75? Meng Guoxiang: this trial prosecutors Shi Junfeng fraud amounts to 492374?75 million from $ 3.68 million is accurate, reflects the attitude of prosecutors seeking truth from facts, and correctly respond to the concerns of Internet users. Under high speed aspects in accordance with the meter heavy charges approach calculation, defendant Shi Junfeng using false military vehicles in Zheng Yao high speed passage 2,363 times, escape paid crossing fee more than 3.61 million more than Yuan. this more than 3.61 million more than Yuan in the, contains overload meter heavy plus received passage fee more than 3.11 million more than Yuan. first times trial zhihou, the species finds method caused has social from all walks of, and law territories and Internet users of strongly questioned. This times procuratorial organ sued will which plus received plus penalty part set, in accordance with the basic passage fee 492300 Yuan finds, reflected has procuratorial organ seeking truth from facts correction errors , The correct response to Internet users concerned about attitude, whom he found to be reasonable, the Court makes is safe.
Reasons is as follows: first, due to overload and plus received of passage fee itself has must of punishment sexual, should not be in criminal case in the repeat evaluation. traffic (cross Highway made [2005]492,) on overload vehicles of charges approach in the clear provides: "the car car cargo total heavy in the meet Highway hosted ability finds standard of weight part and beyond Highway hosted ability finds standard 30% of weight part, by normal vehicles of basic rates charged vehicles passage fee; over Highway hosted ability finds standard 30%- 100% some weight, linear increments to 6 times times 3 times times the basic rate of charge tolls over Highway bearing capacity standard 100% of some weight, according to the basic toll rates charged 6 times times the weight of vehicles. " From the trial reflected the situation, Shi Junfeng, who used a fake army there is a serious overloading Lassa, highway party in accordance with the accounting approach to its implementation of the additional penalty, $ 3.61 million
In the is large part amounts has fine nature. as punishment speaking can, but for criminal investigated speaking, will the punishment sexual costs as fraud crime of amounts to finds, lack rationality, because these costs itself is on behavior people of of unlawful acts against the of negative sexual evaluation, and criminal method evaluation has parallel relationship, under "a behavior is no longer penalty" of legal, should not be then was criminal method evaluation. so, judicial practice in the, General does not should will on behavior people illegal occupies others property or violations others property sexual interests of behavior of punishment sexual costs (Such as such as late fees, penalties, punitive damages) in a calculated amount to crimes. amount of the trial will have a punitive character excluded from criminal amount is in the judicial practice. Second, the defendant deceived is free of tolls on the subjective cheat-free "tolls" instead of "penalty fee" will punish costs are taken into account does not meet the principle of subjective and objective consistent. actors take deception of counterfeit military vehicles in the present case, on its subjective
Is to cheat from Expressway tolls and of access to property interests, toll amount will be added due to traffic overload, its subjective is not known, in accordance with the principle of subjective and objective, or amount of the penalty of the amount will be added as a crime are identified or are objective incrimination. Last, due to overload and plus received of passage fee is not victims due to was fraud and directly losses of property, does not should was calculation for crime amounts. General speaking, fraud crime of conviction amounts, should to deceived people because line gimmick of fraud behavior caused of directly losses amounts as finds pursuant to. behavior people due to its fraud behavior cause was damage units Zhongyuan Expressway company this should normal charged of passage fee cannot are levy, victims of directly property losses actual should for deception people Dang paid and is not paid by basic rates calculation of vehicles passage fee, Cannot contain additional penalty section. Reporter: Shi Junfeng has contracts with troops, why is also identified as fraud? Meng Guo
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