SPP Guiding Cases Set 6

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Title: Notice on the Issuance of the Sixth Installment of Guiding Cases of the Supreme People's Procuratorate
Promulgating Entities:Supreme People's Procuratorate
Reference number: 
Promulgation Date: 2015-7-3
Expiration date: 
Source of text: http://www.spp.gov.cn/xwfbh/wsfbt/201507/t20150708_100967_2.shtml

Notice on the Issuance of the Sixth Installment of Guiding Cases of the Supreme People's Procuratorate

Supreme People's Procuratorate

Notice on the Issuance of the Sixth Installment of Guiding Cases of the Supreme People's Procuratorate

People's procuratorates of all provinces, autonomous regions and directly governed municipalities; military procuratorates and the people's procuratorate for the Xinjiang Production and Construction Corps:

Upon decision of the 37th session of the 12th procuratorial committee of the Supreme People's Procuratorate, the guiding cases of Ma Shilong (robbery) and 3 others are hereby released to you for reference and use.

 

Supreme People's Procuratorate

July 3, 2015

Contents

The Ma Shilong Approval of Prosecution Case (robbery)

The Case of Approving Prosecution of Yu Guoshan et al. (intentional assault)

The Yang Juyun Case of Not Approving Prosecution (intentional homicide)

The Cai Jinxing, Chen Guohui et al. Case of Not Approving Prosecution (robbery)

 

SPP Guiding Cases Set 6

  The Ma Shilong Approval of Prosecution Case (robbery)

 

[Keywords]

Approval of Prosecution Serious Consequences Heinous Impact

[Basic case details]

Criminal Suspect Ma Shilong is male, born in 1970, and from Jilin Province's Gongzhuling City.

On the afternoon of May 19, 1989, criminal suspects Ma Shilong, Xu Yugang, and Cao Libo (the latter two suspects were addressed separately and have already been sentenced) planned to go to Gongzhuling city in Jilin province and burglarize Li Shuzhen's house on Weizigou street in Huanzidong village. They prepared masks and daggers and other instruments. In the early morning May 20, the three men went onto the property of the victim Li Shuzhen with their faces covered, and carrying weapons, pried open the window, unlocked the door and entered Li's bedroom. Ma Shilong, Xu Yungang, and Cao Libo respectively subdued Li Shuzhen Wang and his wife with the knives and forced them to get money. Li Shuzhen and his wife Wang X cried for help and Cao Libo and Xu Yungang fled. When Ma Shilong fled, he was grabbed by Li Shuzhen and stabbed him before escaping. After Cao Libo, Xu Yungang, and Ma Shilong reunited, they divvied up the more than 380 Yuan in stolen cash. Li Shuzhen was sent to the hospital but died after attempts to save him were unsuccessful.

【Process of Reviewing and Approving Prosecution】

After the crime was committed, Ma Shilong fled to Heilongjiang province's Qitaihe City, and took a job. The public security organs did not open a case, and did not employ compulsory measures against Ma Shilong. When the local police began interrogation of a resident in that jurisdiction named 'Li Hong', Li Hong confessed that his real name was Ma Shilong and that in May of 1989 he, along with others, had broken into Li Shuzhen's home on Weizigou street in Huanzidong village, Gongzhuling city in Jilin province, to burglarize it, and had escaped after stabbing Li Shuzhen to death. On that day, the Gongzhuling municipal public security bureau opened a case against Ma Shilong and began an investigation; and on March 18, through the Gongzhuling municipal people's procuratorate, reported up to the Supreme People's Procuratorate for approval of prosecution.

The people's procuratorates for Gongzhuling City and Sipingshi City, and Jilin provincial people's procuratorate reviewed the case and conducted the necessary investigation. On April 8, 2014, the Jilin provincial people's procuratorate reported to the Supreme People's Procuratorate for approval to prosecute Ma Shilong.

Additional Findings: (1) The victim's wife, Wang X, and son suffered from mental illness resulting from the fright they received at the time of the crime, and now lived in great adversity scavanging rubbish for a living; and Wang X vehemently demanded that Ma Shilong be pursued for criminal liability. (2) People at the scene of the crime said that the robbery and killing of Li Shuzhen had caused a great panic, the impact of which had still not abated, and expressed that criminal responsibility of the criminal suspect should be pursued.

Through Review Supreme People's Procuratorate found: criminal suspect Ma Shilong, along with others, committed burglary resulting in the serious consequences of a person's death, and that in accordance with article 12 of the Criminal Law of the People's Republic of China, and article 150 of the 1979 Criminal Law of the People's Republic of China, should apply the maximum punishment in the legally prescribed penalty range, the death penalty. This case caused serious harm to the victim's family and relatives, and caused a vile impact at the site of the crime so that even though the 20 year period for prosecution was past, the victim and the people from the scene still gave strong feedback and the social impact had not dissipated; a failure to prosecute might have a serious impact on social stability or create other serious consequences. Synthesizing the above circumstances, and on the basis of article 76(4) of the 1979 Criminal Law of the People's Republic of China, the Supreme People's Procuratorate decided to approve prosecution.

【Case Verdict】

On June 26, 2014, the Supreme People's Procuratorate issued a decision to approve prosecution of Ma Shilong. On November 2014, the intermediate people's court of Siping City in Jilin Province sentence Ma Shilong to 15 years imprisonment and a concurrent fine of 1000 RMB for the crime of burglary and in consideration of his having given himself up. The defendant Ma Shilong did not appeal, and the procuratorates did not file a procuratorial counter-appeal, so the first-instance judgement became effective.

[Main Ideas]

For crimes that seriously endanger public safety such as intentional homicide, robbery, rape, kidnapping, and bombings, that after the 20 year statue of limitations for prosecution has run still seriously impact the masses' feeling of security and where the victims, people from the area of the crime, basic level organizations and so forth strongly request that the criminal suspect be pursued for criminal liability, and not prosecuting might impact social stability or case other serious consequences; the criminal suspect shall be prosecuted.

【Relevant Legal Provisions】

Articles 12 and 67 of the "Criminal Law of the People's Republic of China" ; and Articles 22, 76, and 150 of the 1979 "Criminal Law of the People's Republic of China".

 

The Case of Approving Prosecution of Yu Guoshan et al. (intentional assault)

 

[Keywords]

Approval of Prosecution Heinous Circumstances No Expression of Remorse

[Basic case details]

Criminal Suspect Ding Guoshan is male, born in 1963, and from Heilongjiang province's Jijihaer City.

Criminal Suspect Chang Yonglong is male, born in 1973, and from Liaoning Province's Chaoyang City.

Criminal Suspect Ding Guoyi is male, born in 1965, and from Heilongjiang province's Jijihaer City.

Criminal Suspect Yan Lijun is male, born in 1970, and from Heilongjiang province's Jijihaer City.

On December 21, 1991, Li Wanshan, Dong Lijun, and Wei Jiang went hunting in the mountains and stayed at Ding Guoyi's home in Dajiucaigou village (now called Ganlapaogou village) in Moqihongyan township. After drinking, Li Wanshan began to argue with Ding Guoyi's nephew Chang Yonglong over trivial matters, and struck him. At about 7:00 P.M. on December 22, Ding Guoshan, Ding Guoyi, Chang Yonglong, and Yan Lijun attacked Li Wanshan, Dong Lijun, and Wei Jiangsan to get revenge and vent their anger, then put Li Wanshan and Dong Lijun into hemp sacks and continued to beat their vital areas with wooden sticks. Then, Ding Guoshan and the other 3 used rope to hand Li Wanshan and Dong Lijun from the rafters, and fled the scene after tying Wei Jiang to a pillar. Li Wanshan suffered injuries to his head and face, and died later that day.

【Process of Reviewing and Approving Prosecution】

Ding Guoshan and the other three suspects absconded after the crime was committed. Ding Guoshan and the other three suspects absconded after the crime was committed. In 2010, during the national action against fugitives, the Moqi public security bureau went through unsolved murder cases and through online research, and witness identifications, determined the whereabouts of Ding Guoshan and the other criminal suspects. On December 25, 2013, the criminal suspects Ding Guoshan, Ding Guoyi, and Yan Lijun were caught and brought to justice; on January 17, 2014, Chang Yonglong was caught and brought to justice. On January 25, 2014, the Moqi public security bureau reported through the Moqi people's procuratorate up to the Supreme People's Procuratorate for approval of the prosecution of Ding Guoshan et al.

The Moqi people's procuratorate, the Hulunbei'er municipal people's procuratorate, and the people's procuratorate for the Inner Mongolia autonomous region reviewed the case and conducted necessary investigations. On April 10, 2014, the people's procuratorate for the Inner Mongolia autonomous region reported to the Supreme People's Procuratorate for approval of the prosecution of Ding Guoshan et al.

Additional Findings: (1) the four suspects fled after the crime and after learning that Li Wanshan had died, respectively absconded to Heilongjiang, Shaanxi, and other places, not paying any compensation to the injured or their families. (2) the victims' families vehemently demanded the suspects be punished. (3) Some of the villagers at the site of the crime and the village committee attested that although the case had occurred over 20 years before, its impact on the area had not dissipated.

Through review, the Supreme People's Procuratorate found that: Criminal suspects Ding Guoshan, Ding Guoyi, Chang Yonglong and Yan Lijun are suspected of intentional infliction of harm and caused the serious consequence of a person's death; and that in accordance with article 12 of the Criminal Law of the People's Republic of China, and article 134 of the 1979 Criminal Law of the People's Republic of China, and article 1 of the Standing Committee of the National of the National People's Congress's "Decision on Strict Punishment of Criminal Elements Seriously Endangering Public Safety", should apply the maximum punishment in the legally prescribed penalty range, the death penalty. The circumstances of this case are heinous, the consequences are serious, and although the 20-year statue of limitations for prosecution has already past, the social impact has not abated and not prosecuting might seriously impact social stability or cause other serious consequences. This is a case of a joint crime; the criminal suspects have a shared criminal intent and jointly perpetrated acts of intentional harm, and shall jointly bear liability for the crime. Synthesizing the above circumstances, and on the basis of article 76(4) of the 1979 Criminal Law of the People's Republic of China, the Supreme People's Procuratorate decided to approve prosecution of Ding Guoshan, Chang Yonglong, Ding Guoyi, and Yan Lijun.

【Case Verdict】

On June 13, 2014, the Supreme People's Procuratorate made the decision to prosecute Ding Guoshan, Chang Yonglong, Ding Guoyi, and Yan Lijun. On February 26, 2015 The Hulunbei'er Intermediate people's court in the Inner Mongolia autonomous region sentenced Ding Guoshan, Chang Yonglong, Ding Guoyi, and to 14,13,12 years imprisonment, and sentenced accomplice Yan Lijun to 3 years imprisonment, for the crime of intentional harm, and in consideration of factors such as that during trial the defendants made compensation to the victims. The defendants all did not appeal, and the procuratorate did not file a procuratorial counter-appeal, so the first-instance judgement became effective.

[Main Ideas]

Where the alleged criminal circumstances are heinous, the consequences serious, and investigation was actively avoided after the crime; and where after the 20 year statute of limitations for prosecution, the criminal suspects have no clear expression of remorse, have not apologized, compensated harms, or otherwise received the victims' forgiveness, and the social impact caused by the crime has not disappeared, and not prosecuting might impact social stability or cause other serious consequences, the criminal suspects shall be prosecuted.

【Relevant Legal Provisions】

Article 12 of the "Criminal Law of the People's Republic of China" ; and Articles 22, 76, and 134 of the 1979 "Criminal Law of the People's Republic of China".

The Yang Juyun Case of Not Approving Prosecution (intentional homicide)

 

[Keywords]

Not approving prosecution family conflicts victim forgiveness

[Basic case details]

Criminal Suspect Yang Juyun is female, born in 1962, and from Sichuan Province's Jianyang City.

In the evening of September 2, 1989, Yang Juyun and her husband, Wu Delu bickered over trivial matters and Wu Delu hi Yang Juyun. Yang Juyun waited until Wu Delu was sleeping and struck him over the head with a Cypress wood bat, and then, out of fear that Wu Delu would continue to beat her, used a vegetable peeling knife to kill Wu Delu. After the crime, Yang Juyun took her son (not yet 1-year-old at the time) and fled Jianyang. At noon on September 4, Wu Delu's stepfather, Wei X went to Wu Delu's house and discovered Wu dead on his bed, and reported it to the police. The public security organs conducted an autopsy, a crime scene investigation and other investigative work, and opened a case for investigation on September 26, but did not employ any coercive measures against Yang Juyun.

【Process of Reviewing and Approving Prosecution】

After Yang Juyun absconded she traveled among various locations, and was sold for marriage to farmer Cao X in Anhui Province's Fengyang county. In March 2013, after Wu Delu's relatives learned of Yang Juyun's contact information and address, they went to the Jianyang municipal public security bureau, and the Ziyang public security bureau several times to make charges, demanding that Yang Juyun be pursued for criminal responsibility. On April 22, of that year, the Jianyang and Ziyang municipal public security bureaus, in coordination with the Anhui province Fengyang County public security organs, caught Yang Juyun and then lawfully took her into custody and arrested her, and through the Jianyang people's procuratorate reported up to the Supreme People's Procuratorate for approval to prosecute.

On April 22, of that year, the Jianyang and Ziyang municipal public security bureaus, in coordination with the Anhui province Fengyang County public security organs, caught Yang Juyun and then lawfully took her into custody and arrested her, and through the Jianyang people's procuratorate reported up to the Supreme People's Procuratorate for approval to prosecute. On June 8, 2013 the Sichuan Province people's procuratorate reported to the Supreme People's Procuratorate for approval of the prosecution of Yang Juyun.

Additional Findings: (1) After Wu X, the son of Yang Juyun and Wu Deyu, became aware of his situation, he begged Wu Delu's parents and relatives to forgive Yang Juyun. Wu Delu's parents and relatives gave submitted a forgiveness letter to the public security organs, saying that Yang Juyun had raised Wang X and had formed a family, and that they no longer requested Yang Juyun be pursued for criminal responsibility. (2) Some of the people from the area of the crime expressed that at the time of Wu Delu's killing the social impact was very large, but that now after more than 20 years, it already didn't have any impact.

Through review, the Supreme People's Procuratorate found that: The criminal suspect Yang Juyun unlawfully deprived another of their life; and that in accordance with article 12 of the Criminal Law of the People's Republic of China, and article 132 of the 1979 Criminal Law of the People's Republic of China, and that the legally prescribed penalty range to be applied has the death penalty as the highest punishment. Although the circumstances and consequences are serious, it is a criminal case arising from a family dispute, and the majority of the victims' family have already expressed forgiveness of Yang Juyun, and the son of the victim and criminal suspect Yang Juyun has also requested that Yang Juyun not be pursued for criminal liability. The public at site of the crime have given feedback that the social impact caused by the case has dissipated. Synthesizing the above circumstances, this case is not one where prosecution is necessary, and on the basis of article 76(4) of the 1979 Criminal Law of the People's Republic of China, the Supreme People's Procuratorate decided not to approve prosecution of Yang Juyun.

【Case Verdict】

On July 19, 2013, the Supreme People's Procuratorate issued a decision to not approve prosecution of Yang Juyun. On July 29, the Jianyang public security bureau released Yang Juyun.

[Main Ideas]

1. For crimes arising from marital or family matters and other civil conflicts, where after the 20 year statute of limitations has passed, the criminal suspect has no risk of recidivism, the victims' and their families express forgiveness of the criminal suspect, and not prosecuting would be useful to resolving social conflict and restoring normal social order, and would also not influence social stability or cause other serious consequences, a decision may be made to not prosecute the criminal suspect.

2. In cases that need to be reported to the Supreme People’s Procuratorate for permission to prosecute, the investigating organs may impose compulsory measures against the criminal suspect before approval in accordance with law. Where investigating organs report for permission to prosecute and request formal arrest of the criminal suspect, and upon review the People’s Procuratorate finds that prosecution is necessary and the statutory conditions for arrest are satisfied, arrest may be approved in accordance with law.

【Relevant Legal Provisions】

Article 12 of the "Criminal Law of the People's Republic of China" ; and Articles 76 and 132 of the 1979 "Criminal Law of the People's Republic of China".

The Cai Jinxing, Chen Guohui et al. Case of Not Approving Prosecution (robbery)

 

[Keywords]

Non-approval of prosecution Expresion of Remorse Joint crimes

[Basic case details]

Criminal Suspect Cai Jinxing is male, born in 1963, and from Fujian Province's Putian City.

Criminal Suspect Chen Guojin is male, born in 1963, and from Fujian Province's Putian City.

Criminal suspects Cai Jinxing and Lin Junxiong first met a man (whose name and identity are unknown) engaged in the sale of eels in both Fujian and Anhui, and this man revealed that several people from Putian City had raised more than 140,000 yuan to buy eels from Wuhu City, and had Cai Jinxing and Lin Junxiong plan a way to take or steal the money, with him as their inside man. To this end, Cai Jinxing and Lin Junxiong recruited Chen Guohui, Li Jianzhong, Cai Jinwen and Chen Jincheng to come to Wuhu city. In the afternoon of March 12, 1991, after preliminary "scouting", Cai Jinxing, Chen Guohui and the others carried weapons and tools for committing the crime and took a hired mini-bus to an area near the house rented by the victim Lin Wenchong. Following their prior agreement, Cai Jinxing waited in the car while the other 5 criminal suspects entered the house; Chen Guohui went ahead and pinned down Lin Wenchong, and the others used a fruit knife to threaten him and rob him of a lock-box containing more than 140,000 yuan in cash.

【Process of Reviewing and Approving Prosecution】

On March 12, 1991, the victim Lin Wenchong made a report to the Wuhu City public security bureau; on April 18, the Wuhu City public security bureau released a bulletin on criminal suspects Li Jianchong, Cai Jinwen, Chen Jincheng; and on April 23, made a decision to take the 3 men into criminal custody. On September 21, 2011, Li Jianchong was caught by the public security bureau of Yungang City in Jiangsu province; Cai Jinwen and Chen Jincheng surrendered in Fujian Province's Putian City on December 8, 2011 (3 criminal suspects were handled were handled in a separate action, and were all given criminal punishments). After Li Jianchong, Cai Jinwen and Chen Jincheng were brought in, they gave up the other three suspects in their case: Cai Jinxing, Chen Guohui, Li Junxiong (deceased). The Putian municipal public security bureau caught Cai Jinxing and Cheng Guohui on March 9, 2012. On March 12, 2012, the Wuhu people's procuratorate put the two criminal suspects under criminal custody (and then release on guarantee) , and through the Wuhu municipal people's procuratorate reported up to the Supreme People's Procuratorate for approval of the prosecution.

The Wuhu people's procuratorate, and the people's procuratorate for Anhui Province separately reviewed the case and conducted necessary investigations. On December 4, 2012, the Anhui Provincial people's procuratorate reported to the Supreme People's Procuratorate for approval of prosecution of Cai Jinxing and Cheng Guohui.

Additional Findings: (1) criminal suspects Cai Jinxing and Chen Guohui and the victims (Lin Wenchong and the people that had raised business funds that year) reached a settlement agreement and paid the victims 40,000 in compensation (including direct and indirect losses), and all of the victims no longer request that their criminal responsibility be pursued. (2) The basic level organizations for Cai Jinxing's and Chen Guohui's current place of residence had not found any criminal activity on the part of the two men, and recommended that discretion be used to not prosecute.

Through review, the Supreme People's Procuratorate found that: The criminal suspects Cai Jinxing, Chen Guohui and others entered a domicile to steal 140,000 yuan; and that in accordance with article 12 of the Criminal Law of the People's Republic of China, and article 150 of the 1979 Criminal Law of the People's Republic of China, and that the legally prescribed penalty range to be applied has the death penalty as the highest punishment. This case occurred on March 12, 1991, and after the crime was committed, the public security organs only found the criminal suspects Li Jianchong, Cai Jinwen, and Chen Jincheng; during the period of prosecution, they did not discover criminal suspects Cai Jinxing and Chen Guohui, and the after the crime, the two did not commit further crimes and the 20 year statute of limitations has passed. Although the amount involved in this crime is huge, it did not create physical injury for the victims or other serious consequences. The criminal suspects and the victims have reached a settlement agreement, and actually compensated the victims' losses; the victims no longer demand that they be pursued for criminal liability. Synthesizing the above circumstances, this case is not one where prosecution is necessary, and on the basis of article 76(4) of the 1979 Criminal Law of the People's Republic of China, the Supreme People's Procuratorate decided not to approve prosecution of Cai Jinxing and Chen Guohui.

【Case Verdict】

On December 31, 2012, the Supreme People's Procuratorate issued a decision to not approve prosecution of Cai Jinxing and Chen Guohui. On February 20, 2013, the Wuhu public security bureau ended release on guarantee for Cai Jinxing and Chen Guohui.

[Main Ideas]

1. Where the 20 year statute of limitations period has passed for the alleged crime, the criminal suspects have no danger of recidivism and have minimized the impact of the crime through means such as making apologies or compensation, the victims have expressed forgiveness of the suspects, there has been clear recovery from the crime's disruption of social order, and not prosecuting won't impact social stability or cause other serious consequences, it may be decided to not prosecute.

2. In joint crimes committed before September 30, 1997, where criminal suspects under compulsory measures escape investigation or trial, the statute of limitations for prosecution is not applied. Time limitations on prosecutions shall apply to criminal suspects that have not been discovered or had compulsory measures taken against them during the period of limitations; but where the highest penalty in the range of applicable penalties is indeterminate imprisonment or death, and 20 years after the crime occurred it is found necessary to prosecute, this must be reported to the Supreme People's Procuratorate for approval.

【Relevant Legal Provisions】

"People's Republic of China Criminal Law" Article 12; and the 1979 "People's Republic of China Criminal Procedure Law" Articles 22, 76, and 150.

 

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