Chapter 305 The Husband and Wife Are Birds in the Same Forest
Ask about indoors.
After learning the whole story from Fu Anqi's mouth, Gao Chao, an old policeman with rich experience in handling cases, widened his eyes and felt that he could not suppress his soaring blood pressure.
I really lived for a long time, but I didn’t expect that there was such a shameless person in the world!
"Miss Fu, don't worry, that couple has been criminally detained by us for suspected obstruction of public service. Your house will be returned soon." Gao Chao comforted her.
Fu Anqi blinked.
Is there such a good thing?
Originally, Jiang Bai asked her to apply for compulsory execution, but she wanted to give Gao Donglin and his wife a charge of refusing to be executed, but she didn't expect that she would have an unexpected surprise.
Article 277 of the Criminal Law stipulates that the crime of obstructing public service refers to hindering state organ staff from performing their duties in accordance with the law by using violence and threats.
He shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or fine.
Those who violently attack people's police who are performing their duties in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, which is what people often call "the crime of assaulting police."
Strictly speaking, there is no charge of "assaulting a policeman" in the criminal law. The so-called assaulting a policeman is actually a case of obstructing public service.
The object of the crime of assaulting a policeman is the personal rights and interests of the people's police, and the bailiff is the abbreviation of "judicial policeman", which naturally belongs to the people's police.
In other words, violent attacks on bailiffs who are performing their duties are established assaulting police officers.
However, the situation of the two bailiffs is quite optimistic, at most it is considered a minor injury.
But the executor was in trouble. You can know without identification. It must be considered a minor injury.
Although the executor is not a policeman, he is a "state agency staff". Gao Donglin and his wife let the dog bite him, which is a crime of obstructing public service.
In fact, this matter is also suspected of intentional injury.
If the same act is committed multiple crimes, one of the serious crimes will not be punished with multiple crimes.
Also, because the crime of intentional injury caused by minor injuries is the same as the crime of obstructing public service, the statutory punishment is generally convicted and punished for obstructing public service, which can better reflect the legislative purpose of the state in maintaining public order.
In short, so far, the deadbeat couple has been sentenced to less than three years in prison.
In fact, when things have reached this point, they can definitely be regarded as guarding the clouds and seeing the moon bright.
But Fu Anqi was a little hesitant.
Her original intention was very simple, to bring the house back. Now, the couple of Dear Lai are suspected of criminal charges, and it is a foregone conclusion that the house belongs to the original owner.
No need to continue to struggle.
But in the past six months, I have suffered hardships and grievances because of the house, and I even couldn't eat or sleep for a while. Could it be that I just let it go?
Fu Anqi is unwilling to accept it.
And who can guarantee that Gao Donglin and his wife will not continue to cause trouble after they come out?
Thinking of this, Fu Anqi took a deep breath, looked at Gao Chao and said, "Officer Gao, thank you for telling me, but I came here today to call the police for the other three charges."
"First of all, it is the crime of illegally trespassing the house."
"Article 245 of the Criminal Law stipulates that the crime of illegally trespassing a house refers to the act of illegally forcibly breaking into another person's residence, or refusing to withdraw after requests, which affects the normal life and peace of life of others."
"I am sentenced to fixed-term imprisonment of not more than three years or detention."
"Gao Donglin and Lin Jia entered my house without my permission, and I asked them to leave were also rejected. Their behavior seriously affected my normal life and reached the level of serious circumstances. This case should be filed
Bar?"
While speaking, he also came up with corresponding evidence: real estate certificates, relevant procedures for forensic auctions, videos and recordings of several negotiations, etc.
Gao Chao nodded with interest while checking.
This reporter is really interesting. Not only did he prepare sufficient evidence, but he also readily carried out relevant laws and regulations.
If every reporter can provide evidence like her and describe the case clearly and accurately, then the police will not know how many times the efficiency of handling the case will be improved.
"The second one is the crime of refusing to enforce a judgment, the full name is the crime of refusing to enforce a judgment, and the crime of ruling."
Fu Anqi recalled what Jiang Bai ordered her and continued: "Article 313 of the Criminal Law stipulates that refusal to execute a judgment. The crime of ruling refers to the judgment of the people's court that has the ability to execute but refuses to execute it.
.”
"If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, detention or fine;"
"If the circumstances are particularly serious, they will be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and a fine."
"I sued Gao Donglin and his wife in court because of a property dispute. In the end, the court ruled that they both returned the house to me, but they refused to return it and had a very tough attitude."
"I applied for court enforcement again, and you also saw it..."
"Oh, by the way, this is the verdict."
As he said that, Fu Anqi took out the verdict.
"Um."
Gao Chao took it and looked at it, nodded and said, "I understand this situation, you can continue to talk."
Fu Anqi said: "There is another crime of embezzlement."
"Article 270 of the Criminal Law stipulates that the crime of embezzlement refers to the act of illegally occupying the property of others who are kept on their behalf for themselves, with a large amount and refusing to return it."
"Imprisonment for fixed-term imprisonment of not more than two years, detention or fine;"
"If the amount is huge or there are other serious circumstances, the sentence shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years, and a fine shall be imposed."
"According to relevant laws, the amount of more than 10,000 yuan is larger, while the amount of more than 100,000 yuan is huge."
"My house market valuation is about two million, and it was occupied for half a year!"
Fu Anqi's eyes were slightly red, and her heart was filled with grievances and anger.
No one knows how she spent the past six months except herself.
Gao Chao sighed and spoke in a deep voice: "Ms. Fu, don't worry, the facts of this case are clear and the evidence is sufficient. We will handle it impartially and give you justice!"
"But there is a situation that we want to tell you. The first two charges you just mentioned, illegal trespassing the house and refusing to enforce the crimes."
"But the crime of embezzlement is a personal crime, and you need to file a lawsuit with the people's court on your own."
Fu Anqi nodded and said, "I know this. I have contacted a lawyer and will go to court to sue later."
"That's good, don't worry, no one can take away your house!" Gao Chao said loudly.
"Thank you, Officer Gao."
Fu Anqi hurriedly thanked.
Then, Gao Chao called a police officer to come over and help her complete the reporting procedures.
A few minutes later.
Fu Anqi took the report receipt and met Jiang Bai and Sister Yun.
The three went straight to the court.
Public prosecution cases shall be prosecuted by the procuratorate.
In private prosecution cases, the victim shall file a private prosecution.
This case is a case of cross-prosecution and public prosecution, which leads to a conflict.
According to Article 194 of the "Interpretation of the Supreme Court on Several Issues Concerning the Implementation (Criminal Procedure Law), if more than two criminal acts committed by the defendant are public prosecution cases and private prosecution cases, the people's court may
When hearing public prosecution cases, the private prosecution cases shall be heard together.
There are also some more detailed explanations:
First, for cases where procedures are intersected, the principle of priority for public prosecution procedures should be adhered to, and the pace of handling private prosecution cases should be based on the pace of handling public prosecution cases.
This is because in most cases, the private prosecution case is much more difficult to obtain evidence than the private prosecution case, and the case handling cycle is much longer. When the procedures of the two cases are intersected and combined, the private prosecution case can be properly waited.
Second, for such cross-procedure cases, on the premise of ensuring that public prosecution is preferred, the private prosecutor's right to withdraw the lawsuit, the right to settle the case and the defendant's right to counterclaim the case of private prosecution.
The defendant's procedural interests cannot be deprived of due to procedural mergers.
Third, after a combined trial, the court may make a joint judgment on both public prosecution and private prosecution, or mediate individually on private prosecution cases. However, it is generally impossible to make a separate judgment on private prosecution cases alone, because the purpose of the combined trial is to protect the criminal law.
The regulation of punishment for multiple crimes was realized.
Simply put,
Fu Anqi still needs to file a private prosecution for the crime of embezzlement.
After the crime of illegal trespassing in a residence, refusing to enforce public service was terminated by the police investigation, it was handed over to the procuratorate for public prosecution.
Then merge and hear.
Now, Fu Anqi is going to the court to file a criminal private prosecution against the case of embezzlement of real estate!
...
Interrogation room.
"Gao Donglin, have you figured out what attitude to face the interrogation?" Gao Chao sat on the chair and said lightly.
Gao Donglin looked indifferent and said with a big mouth: "I said it very clearly, I! I'm not illegal!"
"That's my family, why do they break in by slipping through the door and picking the lock?"
"I just let the dog bite people, they are lucky. If I were on the beautiful country on the other side, I would have no problem shooting them to death!"
"If I ask me, our country should not ban guns. If everyone has guns in their hands and restricts each other, there will be no more bullies and hooligans in this society. How good is it to be harmonious, peaceful and harmonious at that time?"
Seeing that Gao Donglin was not only obsessed with it, but also kept running the train. Gao Chao completely lost his patience, and threw some materials that had just been filed in front of him.
"Look at what this is!"
"Just just now, the owner of the house came to call the police and accused you of illegally trespassing into the residence, refusing to enforce the judgment, ruling, and occupying other people's property!"
"In addition, obstructing public affairs and assaulting police..."
Gao Chao slapped the table, stared at Gao Donglin and shouted:
"Gao Donglin, do you know how many years you will be in jail after these crimes are sentenced?"
"There is a high probability that it will be more than fifteen years!"
Fifteen years!
Gao Donglin's pupils suddenly shrank, and cold sweat suddenly appeared on his forehead.
He said in a trembling voice: "Gao, Officer Gao, are you kidding me?"
"Just kidding? Do you want to see where this is? Do you think I will joke with you?" Gao Chao sneered.
He really didn't scare Gao Donglin.
In this case, Gao Donglin was suspected of four charges: obstructing public service, illegal trespassing the house, refusing to enforce, and embezzlement.
Moreover, these four crimes cannot be absorbed by each other, and it is not applicable to one felony sentencing, but to apply to multiple crimes and punishment!
Among them, the crime of obstructing public service and illegal trespassing in a residence are both less than three years.
If the crime of refusal is serious, the crime of refusal is less than three years, and if the crime is particularly serious, the crime of refusal is more than three years and less than seven years.
In this case, Gao Donglin and his wife defied the law, insulted law enforcement officers, and even let dogs bite people, causing minor injuries to the executive officer and minor injuries to the bailiff...
The plot is definitely "specially serious".
If you have no chance of running for more than three years and less than seven years, you may even get the honor of being the highest sentence, that is seven years!
As for the crime of embezzlement, sentencing is linked to the amount.
The amount is larger if it is less than two years, the amount is huge or there are other serious circumstances, that is, it is more than two years or five years.
With the value of this property, as long as it is convicted, it is likely to reach a five-year cap sentence.
The four crimes are punished together, and the sentences are superimposed!
It was almost sixteen to eighteen years.
"Gao Donglin, I advise you to cooperate with me."
Gao Chao knocked on the table rhythmically, looked directly at Gao Donglin opposite him, and said, "You are 42 years old this year. You really have to go in and squat for more than ten years. When you come out, you will reach retirement age."
"Why, do you really want to spend the rest of your life in that place?"
"Being frank and lenient is your only way out!"
Gao Chao's words were like a heavy hammer, hitting Gao Donglin's heart hard.
The latter's face suddenly turned pale as paper and his breathing became rapid.
After a moment of entanglement, he swallowed his saliva with difficulty and spoke a little awkwardly: "Officer Gao! I, I have something to say."
Gao Chao nodded: "Well, let's talk."
Gao Donglin couldn't wait to say, "First of all, this attack on the police has nothing to do with me. It was my wife's order to the dog. You can ask those people from the court, and they can all testify!"
"There are any refusals and encroachments of real estate? These are my wife's ideas. She told me that if we return the house, we both had to drink the northwest wind, which encouraged me to occupy the house."
"Officer Gao, this... I probably won't be a heavy sentence, right? I think I'm just confused for a while, and it's understandable."
Gao Donglin looked at Gao Chao with a gaze.
The latter smiled sarcastically and said, "If what you said is true, you may be considered an accomplice, and you will indeed receive a certain degree of commutation of sentence."
"Now, you answer whatever I ask, don't hide it, let alone lie, do you understand?"
"I understand, understand." Gao Donglin nodded repeatedly like a chicken pecking at rice.
Once the suspect's psychological defense is broken, the next thing will be much simpler.
Gao Chao carried out targeted interrogation.
at the same time.
Interrogation room next door.
"Comrade Police, I'm wronged!"
"All this was Gao Donglin's idea, and the dog was also pulled back from a dog farm boss he knew..."
"I told him a long time ago that we can't live in other people's houses and we have to return them. But he disagreed. He insisted on staying there. What can I do if I am a woman?"
"Comrade Police, you must be careful. I am an accomplice at best, and Gao Donglin is the main culprit!"
Lin Jia was extremely excited.
Faced with the police's interrogation, her psychological defense collapsed earlier.
Then……
He began to try his best to blame Gao Donglin.
The couple really vividly interpreted what it means. The couple was originally a bird in the same forest, and they flew on their own when the disaster came.
When facing punishment, their choices were surprisingly consistent.
They are all slashing the blame for the other party, trying to relieve their responsibilities.
Of course, the police would not believe their words easily and would inevitably conduct further investigations and evidence collection.
Only by finalizing the criminal facts and improving the evidence link will it be handed over to the procuratorate.
...
On the other side.
Yecheng Court, Case Filing Center.
"Hey, why are you here again?"
Staff Li Fang looked at Fu Anqi and others in front of the window and asked in confusion.
Although there are hundreds of people in this position every day, Li Fang still recognizes them at a glance, and they came to file a case some time ago.
I won’t talk about Sister Yun. She is beautiful and has a big bear, and is graceful and graceful, so she can be called a beauty.
Fu Anqi has a good figure and appearance.
Anyone will leave a very deep impression on these two beauties.
Fu Anqi said: "We came here this time because there is something new to file a lawsuit."
After saying that.
She turned her head and looked at the tool man named Lawyer Du.
The latter understood and took a step forward and handed over the relevant evidence and the indictment.
"It's actually... a criminal private prosecution?"
Li Fang opened the indictment and looked at it, and immediately swallowed his saliva.
She has worked in the court filing center for many years and has been exposed to countless cases. Just those who have successfully filed cases are not ten thousand, but even thousands.
However, most of these cases are civil cases, such as economic disputes, litigation and divorce, copyright disputes, etc.
It is rare to encounter criminal private prosecution cases.
Li Fang quickly checked carefully.
After seeing this, I found that the case was a bit familiar.
If you remember correctly, this is the civil dispute they filed a lawsuit before, but this time it is no longer a civil lawsuit, but a criminal private prosecution!
Good guy, has a civil case been transferred to a criminal case?
Can you still play like this...
Li Fang was already familiar with this matter, so the review was completed soon.
Then, she looked up at Fu Anqi and others and said, "The indictment complies with the standards and the relevant evidence is complete. The case will be filed!"
"Thank you." Fu Anqi hurriedly thanked and smiled.
At this point, the matter is half completed.
Next, just wait quietly for the court to begin.
Jiang Bai was bored staying alone in Longcheng. He happened to take this opportunity to have a good time in Yecheng, enjoy the scenery of Yecheng, and taste the special food here.
What's more, there are two beauties, Sister Yun and Fu Anqi, who are accompanying you, so why not do it?
Jiang Bai is "hugs left and right", traveling around the mountains and rivers, eating, drinking and having fun, which is simply envious to others.
As for Gao Donglin and Lin Jia, after being interrogated after rounds of interrogation, they were thrown into the detention center.
Both of these two parents have passed away and have a very bad relationship with other relatives. They have not contacted each other for many years. The police wanted to send a criminal detention notice but didn't know who to send it.
Of course, no one came to help them get bail pending trial.
However, in their case, even if someone pays a deposit, it may not be possible.
This means that Gao Donglin and his wife couldn't even hire a lawyer, so they could only apply for legal aid.
...
Three days later.
Fu Anqi and Gao Donglin, who were in the detention center, received a summons from the court at the same time.
The court date has been set, just four days later!