Received 7 months in prison! The Supreme People's Procuratorate has released 9 typical cases, in which a woman posted on Weibo insulting heroic martyr Dong Cunrui's military facilities | armed forces | maintenance

Today, the Supreme People's Procuratorate released 9 typical cases of lawfully punishing crimes that harm national defense interests and infringe upon the legitimate rights and interests of military personnel and their families. This batch of typical cases involves different aspects of safeguarding national defense interests and the legitimate rights and interests of military personnel and their families, including punishing crimes such as impersonating soldiers to deceive, damaging military facilities, buying and selling documents of the armed forces, illegally buying and selling standardized clothing of the armed forces, and disrupting military marriages in accordance with the law.

It is reported that this is the third batch of typical cases released by the Supreme People's Procuratorate in recent years to lawfully punish crimes that harm national defense interests and infringe upon the legitimate rights and interests of military personnel and their families. In order to make the cases more instructive and demonstrative, the First Procuratorate of the Supreme People's Procuratorate conducted a comprehensive study of over 100 cases collected from national procuratorial organs. After reviewing and soliciting opinions from relevant departments, 9 typical cases were finally determined for publication. The 9 cases are respectively the case of Feng buying and selling armed forces documents, Dong buying and selling armed forces documents, and illegally using armed forces special signs, Su and three others illegally buying and selling armed forces standard clothing, Ma and Yang damaging military facilities, Shi fraud, Gong illegally obtaining state secrets, Jiang infringing on the reputation and honor of heroes and martyrs, Qian damaging military marriages, and Han damaging military marriages.

The reporter learned that although these typical cases are all military related criminal cases, the key points highlighted by each case are different. For example, the fraud case of Shi further clarified how to accurately crack down on impersonating military personnel to carry out fraudulent activities, and achieve a balance between crime, responsibility, and punishment; The case of Ma and Yang destroying military facilities mainly highlights the strict crackdown on the destruction of military facilities and the protection of national defense and military interests; The case of Dong buying and selling documents of the armed forces and illegally using specialized symbols of the armed forces has defined the "particularly serious circumstances" in the crime of illegally using specialized symbols of the armed forces; The case of Jiang infringing on the reputation and honor of a hero and martyr has effectively protected the legitimate rights and interests of military personnel and their families through an integrated protection model of "criminal prosecution+public interest litigation prosecution".

Since 2016, the Supreme People's Procuratorate has issued separate notices or jointly issued relevant opinions with relevant departments on strengthening military civilian cooperation five times, insisting on handling criminal cases that endanger national defense interests and infringe on the legitimate rights and interests of military personnel and their families in accordance with the law. Next, the procuratorial organs should strengthen the guidance and handling of criminal cases that endanger national defense interests and infringe on the legitimate rights and interests of military personnel and their families, and pay attention to the study of the legal application of military related criminal cases. Close military civilian cooperation and cooperation, jointly promote high-quality and efficient handling of military related cases and source of litigation governance. Establish and improve a mechanism for handling military related cases, and focus on providing comprehensive protection for military and minor family members.

Typical cases of national procuratorial organs punishing crimes that endanger national defense interests and infringe upon the legitimate rights and interests of military personnel and their families in accordance with the law

Maintaining the respected status of military personnel and safeguarding their legitimate rights and interests is the political advantage and fine tradition of our party, which is related to the modernization of national defense and the military, as well as the overall situation of national security and development. All state organs and armed forces, political parties and mass organizations, enterprises and institutions, social organizations, and other organizations have the responsibility to protect the status and rights of soldiers in accordance with the law, and all citizens should safeguard the legitimate rights and interests of soldiers in accordance with the law. In recent years, China has accelerated the process of establishing a military regulatory system. Laws such as the National Defense Law, the Armed Police Law, the Law on the Protection of Veterans, the Law on the Protection of Military Status and Rights, and the Law on the Protection of Military Facilities have been successively introduced, providing legal norms for the protection of military status and rights, national defense, and military construction. The Criminal Law of our country defines acts that seriously endanger national defense interests and infringe upon the legitimate rights and interests of military personnel and their families as crimes.The 9 typical cases selected this time involve different aspects of safeguarding national defense interests and the legitimate rights and interests of military personnel and their families, achieving a good unity of political, legal, and social effects. Prosecutors in various regions should actively organize learning, reference and application based on local realities.

Case One

Case of Feng Buying and Selling Armed Forces Documents

Basic Case

Defendant Feng, male, legal representative of a certain company.

Between 2019 and 2021, Feng was ordered by the People's Court of Hongkou District in Shanghai and the People's Court of Suzhou Industrial Park in Jiangsu Province to restrict consumption due to his company's failure to fulfill its obligations as determined by the effective legal documents of civil cases, prohibiting him from choosing a second-class or higher cabin by plane, train soft sleeper, or ship when taking public transportation. In October 2020, Feng purchased a fake Chinese People's Liberation Army officer certificate and a fake Chinese People's Liberation Army soldier security card through others, and took 25 civil aviation flights at Chongqing Jiangbei International Airport and other places. Furthermore, it was found that Feng also purchased a forged military officer certificate for Liu through others, and a forged military officer certificate and a military security card for Fei.

On March 1, 2023, the procuratorial organs prosecuted Feng for the crime of buying and selling documents of the armed forces. On March 16, 2023, the court sentenced Feng to one year and five months in prison for the crime of buying and selling documents of the armed forces. Feng was dissatisfied and appealed. On June 26 of the same year, the second instance court ruled to dismiss the appeal and uphold the original verdict.

Performance of Prosecutors' Duties

Filing supervision

In August 2022, at the routine work meeting of the Investigation Supervision and Cooperation Office, the public security organs reported the case clues of individuals who were ordered by the People's Court to restrict consumption and used forged military officer certificates to board airplanes. They also held discussions with the dispatched prosecutors on evidence collection and legal application issues. The procuratorial organs believe that Feng may be suspected of a criminal offense and initiated the supervision procedure for filing a case on August 24, 2022. On August 27 of the same year, the public security organs adopted the opinions of the procuratorial organs and filed an investigation into Feng on suspicion of using false identity documents.

intervention ahead of time

In the process of early intervention and guidance in investigation and evidence collection, the procuratorial organs strengthen military civilian cooperation by reviewing evidence materials, participating in case discussions, and collaborating with the public security organs to guide them to comprehensively collect evidence and provide explanations and feedback on legal application issues. The public security organs have raised the question of whether the Military Security Card belongs to the Armed Forces. According to the Regulations on the Management of Military Security Cards, the procuratorial organs believe that the Military Security Card is a specialized intelligent card that can store basic personal information and logistics business information of military personnel, achieve functions such as supply support and identity confirmation, and can be used as a certificate to prove the identity of soldiers in social life. For example, if a card is used to purchase train tickets, it should be interpreted similarly to the Military Officer Certificate and recognized as an Armed Forces certificate. As Feng has purchased two armed forces documents, the procuratorial organs suggest that the public security organs shift their investigation focus from the crime of using false identity documents to the crime of buying and selling armed forces documents. Afterwards, the public security organs retrieved Feng's WeChat chat records and transaction details, and found that Feng not only purchased his military officer certificate and military security card, but also purchased the above-mentioned documents for other restricted consumption personnel. The case investigation made a significant breakthrough.

review and make a decision of prosecution

Due to the fact that this case involves individuals who have been restricted from high consumption by the people's court and have a special identity, which is closely related to the execution work of the people's court, the procuratorial organs simultaneously carry out "multiple investigations for one case" during the review and prosecution stage. One is to examine whether Feng is involved in the crime of refusing to execute judgments or rulings. According to Article 2 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving Refusal to Execute Judgments and Rulings, if a person refuses to report or falsely reports on their property situation, violates the People's Court's restriction on high consumption and related consumption orders, and refuses to execute after taking compulsory measures such as fines or detention, it shall be deemed as "other situations where they have the ability to execute but refuse to execute, and the circumstances are serious". Therefore, during the review and prosecution stage, the procuratorial organs specifically investigated whether Feng had been fined or detained by relevant people's courts for illegal restrictions on high consumption behavior such as flying, to ensure accurate application of the law. The second is to examine whether there are any clues of judicial punishment for Feng. Although it was not found that Feng refused to execute the judgment or ruling in the end, the procuratorial organs found clues about Feng's judicial punishment after examination and transferred them to the people's court in accordance with the law, cooperating with the people's court to maintain normal execution order. The third is to dig deeper into crime. Continue to guide the public security organs to investigate whether upstream fraudulent groups and individuals involved in the case have used forged armed force documents to commit other illegal and criminal acts, and transfer suspected criminal clues to the competent public security organs. Continue to do a good job in investigating and handling clues, and strengthen the crackdown.

social governance

By handling this case, the procuratorial organs have strengthened internal linkage and external coordination, and strengthened social governance. One is to strengthen clue discovery. Around the relevant cases that will be transferred for prosecution by the public security organs, we will work horizontally with the civil procuratorial department to carry out centralized screening of judicial penalty clues and transfer 9 judicial penalty clues to the people's court. The second is to strengthen the crackdown on crime. Taking into account the identity, criminal record, number of flights taken, number of purchases of forged armed forces documents, and attitude of confession and remorse of restricted consumers, we will strengthen the connection between criminal prosecution and administrative punishment. We will classify and dispose of public security punishment, the crime of using false identity documents, and the crime of buying and selling armed forces documents. We will establish a case consultation and consultation mechanism based on "one case, one policy" and "joint discussion and governance of similar cases" to ensure that prosecutors and police jointly safeguard national defense interests and safeguard the legitimate rights and interests of soldiers and achieve practical results. The third is to strengthen collaborative governance. In response to the problem of ineffective communication of relevant information, the joint public security organs have issued work reminders to the airport, suggesting improving the recognition ability of forged armed forces documents and strengthening military civilian cooperation to enhance the effectiveness of joint governance.

Typical significance

One is to severely punish the crime of buying and selling documents of the armed forces in accordance with the law. The use of military officer certificates and military security cards by soldiers to prove their identity is not only a basic right of soldiers, but also a necessity for the efficient handling of affairs by the military. The use of false armed forces documents violates the legitimate rights and interests of military personnel and the order of military document management, affecting national defense security. When handling such cases, procuratorial organs should strengthen military civilian cooperation in evidence collection, legal application, etc., accurately determine the facts of the case, and effectively safeguard the legitimate rights and interests of military personnel and national defense interests.

The second is to fully leverage the role of the Investigation Supervision and Collaborative Cooperation Office, and strengthen co direction supervision and collaborative cooperation. The establishment of the Investigation Supervision and Cooperation Office provides a wider information channel and more cutting-edge clues for the handling of criminal cases by the procuratorial organs. The procuratorial organs should make good use of the mechanism of investigation and cooperation, carefully investigate and judge the clues discovered by the investigation and cooperation, and timely transfer the supervision of case establishment and withdrawal to relevant departments. At the same time, tracking and supervising, timely communicating with the public security organs on difficult issues in case handling, and jointly promoting high-quality and efficient case handling.

The third is to actively extend the procuratorial function and promote the governance of litigation sources. When handling military related criminal cases, the procuratorial organs should pay attention to the latter half of the article on social governance, accurately analyze and handle various problems found in the handling of cases, and classify them. For management loopholes in industry regulatory departments, they should actively formulate and issue procuratorial suggestions; For problems that do not arise from management loopholes, the principle of prudence should be adhered to, and countermeasures and suggestions should be proposed through work reminders and other means to ensure the effectiveness of source control.

Case 2

Case of Dong Buying and Selling Armed Forces Documents and Illegally Using Armed Forces Special Symbols

Basic Case

Defendant Dong, male, individual.

The defendant Dong frequently travels to various parts of the country for undertaking garden construction projects. For the convenience of transportation, in May 2020, Dong purchased 9 forged armed forces documents, 1 set of armed forces vehicle license plates, and 1 ID card online, and hung the forged military specific vehicle license plates on his private car, resulting in multiple road traffic violations. The case occurred in September 2021.

On January 19, 2022, the procuratorial organs prosecuted Dong for the crimes of buying and selling documents of the armed forces, illegally using specialized symbols of the armed forces, and buying and selling identity documents. On August 5th of the same year, the court sentenced Dong to two years in prison and a fine of 15000 yuan for committing the crimes of buying and selling documents for the armed forces, illegally using specialized symbols for the armed forces, and buying and selling identity documents. The procuratorial organs protested against the lenient sentencing. On January 17, 2023, the second instance court adopted the prosecution's protest opinion and revoked the original judgment. Dong was convicted of the crimes of buying and selling armed forces documents, illegally using armed forces special signs, and buying and selling identity documents, and was punished for multiple crimes. He was sentenced to four years and six months in prison and fined 15000 yuan.

Performance of Prosecutors' Duties

intervention ahead of time

The case is quite complex, and the procuratorial organs have assigned an experienced team of prosecutors to intervene in the investigation, proposing specific directions for evidence collection, guiding the public security organs to further verify the specific content and number of documents displayed on the documents related to Dong's armed forces, such as seals, photos, and steel seals. The time, payment time, method, and amount of documents purchased by Dong, as well as the start and end time and cumulative time of Dong hanging military vehicle license plates, have solidified the evidence foundation, improved the evidence system, and laid a solid foundation for the smooth handling of the case. On November 5, 2021, with the approval of the procuratorial organs, Dong was arrested by the public security organs.

review and make a decision of prosecution

Due to the large number of documents and license plates involved in this case, which directly affects the qualitative and sentencing of the case, during the review and prosecution stage, the procuratorial organs took the initiative to conduct self supplementary investigations, supplementing and fixing the evidence that Dong had hung military vehicle license plates to enter and exit the community and paid parking fees with the license plates. According to the law, it was determined that Dong's illegal use of the special emblem of the armed forces was particularly serious. At the same time, actively carry out confession education and strengthen legal interpretation and reasoning. Dong voluntarily pleaded guilty and signed a statement of guilty and punishment in the presence of the on duty lawyer.

trial supervision

The first instance court did not adopt the prosecution opinion of the procuratorial organs and did not determine that Dong's criminal circumstances were particularly serious. Dong was convicted of the crime of buying and selling documents for the armed forces, the crime of illegally using special symbols for the armed forces, and the crime of buying and selling identity documents, and was punished for multiple crimes. The court decided to sentence Dong to two years in prison and impose a fine of 15000 yuan. After examination, the procuratorial organs believe that the first instance judgment determined the facts to be incorrect, the application of law to be incorrect, and the sentencing was unusually light. They have filed a protest: firstly, regarding the crime of illegal buying and selling of armed forces documents, the purchase of more than 10 forged armed forces documents is punishable by a statutory sentence of more than three years in prison. The original judgment determined that the purchase of 9 fake documents was only sentenced to one year in prison, which is considered as a particularly light sentencing. The second issue is about the crime of illegally using the special emblem of the armed forces. The original verdict believed that the evidence in the case was insufficient to prove that Dong had used forged military vehicle license plates for more than one year. The procuratorial organs reinforced evidence around the focus of the dispute, retrieved parking fee invoices, violation records, and high-speed exit vehicle entry and exit records from Dong's residential area, and supplemented evidence to prove that Dong registered and drove in and out of his residential area, Taiyuan, and other places with forged military vehicle license plates from September 1, 2019 to August 31, 2020, and from September 23, 2020 to September 22, 2021, which is sufficient to determine that Dong illegally used forged military vehicle license plates for a cumulative period of more than one year. This constitutes the "particularly serious circumstances" of the crime of illegally using special signs for the armed forces, and should be sentenced to imprisonment of not less than three years but not more than seven years.

At the same time as filing a protest, the procuratorial organs also provided corrective opinions on the erroneous confiscation and seizure of one Huawei Mate20 mobile phone legally purchased by Dong and unrelated to the crime, as well as the Toyota Land Cruiser under Dong's name with legal procedures in the first instance judgment. The second instance court adopted the protest and correction opinions of the procuratorial organs after trial, and in accordance with the law, changed Dong's sentence to four years and six months of imprisonment, fined 15000 yuan, and returned the relevant property involved to Dong's close relatives.

social governance

In this case, Dong hung and used military vehicle license plates to evade tolls, resulting in road traffic violations in multiple places, seriously damaging the image of the military and disrupting social management order. The procuratorial organs have issued procuratorial suggestions to the public security organs in accordance with the law, suggesting that the public security organs collaborate with relevant departments to organize a special campaign for the concentrated rectification of fake military vehicles and fake military license plates throughout the city. Through centralized rectification, the public security organs have investigated and dealt with more than 20 such illegal behaviors, effectively cracking down on the illegal use of military vehicle license plates and maintaining social management order.

Typical significance

One is to comprehensively grasp the social harm of criminal behavior, and work together from top to bottom to ensure the legal crackdown. The crime of buying and selling documents of the armed forces and illegally using specialized symbols of the armed forces not only seriously disrupts the performance of official duties and duties of the armed forces, but also seriously endangers national defense security and military construction. In handling such cases, the procuratorial organs should play a "prosecutorial integration" role, coordinate up and down, form a supervisory force, and achieve precise strikes.

The second is to adhere to the equal emphasis on punishment and governance, and to combine litigation supervision with social governance. When handling such cases, procuratorial organs should prevent handling cases on their own, and timely promote relevant departments to improve governance measures through procuratorial suggestions and other means for prominent social governance issues reflected in the cases. In this case, the procuratorial organs promoted the public security organs to collaborate with relevant departments to carry out a special campaign for the concentrated rectification of fake military vehicles and fake military license plates, promoting joint law enforcement between the military and police, strengthening daily supervision, forming a long-term mechanism, effectively combating and deterring criminals, and maintaining the image of the military.

Case Three

Case of Su and three others illegally buying and selling standardized clothing for the armed forces

Basic Case

Defendant Su, male, legal representative and general manager of a certain resource recycling company.

Defendant Wei, male, shareholder of a certain resource recycling company.

Defendant Ren, male, individual.

Since 2017, defendants Su and Wei have jointly established a certain resource recovery company. Without the permission of relevant regulatory authorities and without obtaining relevant qualifications, they illegally purchased standard clothing for the armed forces from defendants Ren and others, and sold it nationwide. Su and Wei are responsible for daily management and sales, while Wei is responsible for procurement. On May 11, 2021, the public security organs seized a batch of military uniforms in a small warehouse of the company, with a total of 108137 items counted; Two batches of military uniforms with a net weight of 110 tons were seized in two large warehouses. After random inspection, it is classified as military uniform or a replica of military uniform. After investigation, Wei and Su illegally purchased 126 tons of military uniforms from Ren, with a total payment of over 1.1 million yuan, from which Ren profited over 170000 yuan.

On September 18, 2021, the procuratorial organs prosecuted Su and three others for the crime of illegally buying and selling standardized clothing for the armed forces. On August 30, 2022, the court sentenced Su, Wei, and Ren to two years, two years, and one year and five months in prison, as well as a fine, for the crime of illegally buying and selling standardized clothing for the armed forces. Wei was dissatisfied and appealed. On January 16, 2023, the second instance court ruled to dismiss the appeal and uphold the original verdict.

Performance of Prosecutors' Duties

intervention ahead of time

After the public security organs filed cases against Su and Wei, the procuratorial organs immediately intervened in the investigation, guided evidence collection, and proposed 12 opinions on investigation and evidence collection, including identifying the source, destination, and nature of the military uniforms involved. The public security organs, in accordance with the opinions of the procuratorial organs, further increase the intensity of investigation and evidence collection, and collect fixed evidence. On June 10, 2021, the public security organs requested approval for the arrest of Su and Wei, and the procuratorial organs approved their arrest in accordance with the law. At the same time, the procuratorial organs believe that the existing evidence can prove that the previous family member Ren is suspected of committing a crime and there is a need for arrest. They initiated the pursuit procedure the next day and suggested that the public security organs apply for approval of Ren's arrest in accordance with the law. The public security organs adopted the opinions of the procuratorial organs and Ren was arrested in accordance with the law.

review and make a decision of prosecution

During the review and prosecution stage, the procuratorial organs mainly carried out the following four aspects of work: first, strengthening fixed sentencing evidence and maximizing the recovery of gains and losses. Thoroughly review the relevant receiving bank statements, accurately determine the profit amount from buying and selling military uniforms or imitating military uniforms, and urge the return of all illegal gains in accordance with the law. The second is to apply the leniency system for admitting guilt and punishment in accordance with the law, achieving precise accusations. The procuratorial organs actively carry out confession education work, strengthen the interpretation and reasoning of the law, encourage Su and Ren to voluntarily plead guilty and accept punishment, and sign a confession and punishment statement under the witness of the on duty lawyer. The third is to simultaneously review the property involved in the case and standardize the management and disposal of property. In this case, hundreds of tons of military uniforms for sale were seized and confiscated, with a large quantity scattered across three warehouses. The procuratorial organs conducted a synchronous review of the involved property during the case trial process and made clear confiscation and disposal suggestions to the court during the prosecution. They cooperated with the court and public security organs to handle the situation and ensure that the involved property was properly disposed of. The fourth is to perform duties in an integrated manner and promptly transfer supervisory clues. Wei and others openly and illegally bought and sold standard uniforms of the armed forces in the market without sales qualifications, violating the Military Uniform Management Regulations. The market supervision and management department has lost its regulatory responsibilities, and the procuratorial organs have transferred supervision leads to the public interest litigation procuratorial department in accordance with the Regulations on the Internal Transfer of Legal Supervision Leads by the People's Procuratorate.

social governance

After receiving supervision clues, the public interest litigation procuratorial department found through investigation and verification that the market supervision and management department was indeed negligent in performing its duties. Therefore, in accordance with the law, it issued pre litigation procuratorial suggestions to the market supervision and management department in its jurisdiction, urged the formulation of the "Special Action Plan for the Market Supervision and Management Bureau to" Protect Military Clothing ", and carried out special governance activities within its jurisdiction. The Market Supervision Administration shall organize the township market supervision offices under its jurisdiction in accordance with the law and jointly with the People's Armed Forces Department of the district to conduct a comprehensive investigation of relevant agricultural markets, labor protection product stores, clothing stores, etc. After continuous rectification and implementation, the Market Supervision Administration provided written feedback on the relevant situation. From September to December 2022, a total of 168 merchants were inspected, and 28 legal business commitment letters were guided to be signed. Five merchants were ordered to correct on the spot, 2 cases were filed and investigated, and 2 administrative penalty decisions were made. In order to improve the effectiveness of rectification, the military and civilian procuratorial organs jointly held a symposium on cracking down on illegal buying and selling of standardized clothing in the armed forces and a publicity and education meeting on the "Regulations on the Administration of Military Uniform". By promoting and analyzing cases of illegal buying and selling of standardized clothing in armed forces, interpreting the law through case studies, enhancing legal deterrence, and strengthening merchants' awareness of the rule of law and their awareness of law-abiding operations.

Typical significance

One is to actively fulfill the function of legal supervision and integrate punishment and prevention. The procuratorial organs should pay attention to early intervention to guide investigations, timely pursuit of missed offenders, and carry out a full chain crackdown on crimes that harm national defense interests. Strengthen the examination of the property involved in the case, propose disposal opinions in accordance with the law, and ensure that illegal gains are recovered in accordance with the law. Improve the mechanism for transferring internal supervision clues, coordinate multiple departments to promote comprehensive performance, and establish a strict punishment and prevention system.

The second is to strengthen the connection between execution and military civilian cooperation, and promote social governance. When handling cases of illegal buying and selling of military uniforms, the procuratorial organs should actively perform their duties, establish a governance model of "execution linkage+military civilian cooperation", carry out a special action of "protecting military uniforms", increase publicity and education on military related legal education, purify the market environment, help improve social governance, defend the honor of military personnel, and maintain the image of the military.

Case Four

Case of Ma and Yang Damaging Military Facilities

Basic Case

Defendant Ma, male, farmer. In 2005, he was sentenced to two years in prison for the crime of forced indecent assault on women, and in 2008, he was sentenced to five years in prison for the crime of arson.

Defendant Yang, male, farmer.

At around 11:00 am on February 1, 2021, defendants Ma and Yang each brought a cutting machine, and Ma drove a three wheeled motorcycle to carry Yang to the shooting range of Unit A. The two of them, knowing that the area was under military management, illegally entered through barbed wire and intended to transport a metal tank stored in the unit's shooting range as a mobile combat target and sell it as scrap metal. Due to the large volume of the mobile combat target, the two of them used a cutting machine to cut the target into several pieces, loaded them onto a tricycle, and pulled them away. Two defendants were caught by patrol police on their way back. After appraisal, the value of the damaged military facilities is RMB 29335.

On May 25, 2021, the procuratorial organs prosecuted Ma and Yang for the crime of damaging military facilities. On August 6 of the same year, the court sentenced Ma and Yang to two years and eight months in prison respectively for the crime of damaging military facilities. Both parties did not appeal.

Performance of Prosecutors' Duties

intervention ahead of time

Given the special nature of the military involvement in this case, the procuratorial organs intervened in advance, guided the investigation and evidence collection, and participated in the case discussion. In response to the defense that Ma and Yang did not recognize that the stolen items were military facilities, the procuratorial organs guided the public security organs to timely extract trace evidence, standardize the production of inspection records, and investigate whether the two individuals had subjective knowledge of military facilities. At the same time, guide the public security organs to actively connect with the military and obtain evidence on the attributes, property losses, and harmful consequences of stolen items.

Review and arrest

On March 2, 2021, the public security organs submitted a request to the procuratorial organs for approval of the arrest of Ma and Yang on suspicion of damaging military facilities. After examination, the procuratorial organs found that Ma had two criminal records for intentional crimes. The two individuals illegally entered the military management area and seriously damaged military facilities, posing a significant social danger. They also had a poor attitude of admitting guilt and deemed it necessary to make arrests in accordance with the law. On March 9 of the same year, they approved the arrest of Ma and Yang.

review and make a decision of prosecution

During the review and prosecution stage, the procuratorial organs comprehensively review the evidence and accurately determine the facts of the crime in accordance with the law. Firstly, in response to the defense of Ma and Yang who confessed to the theft but did not know that the stolen item belonged to military facilities, the procuratorial organs analyze and judge the on-site inspection records, personally visit the scene, visit military personnel, and other methods. They examine and determine that the place of the crime has obvious signs such as "military management zone" and military slogans, and set up wire fences around it to be separated from the outside world. During the day, entering can clearly see military facilities such as hidden fortresses and triangular cones. They determine that Ma and Yang, knowing that it is a military forbidden area, illegally entered and carried out acts of destruction and theft. The second is to strengthen cooperation with the military. The procuratorial organs closely communicate with the military units to which the military facilities belong, understand and grasp the use of metal targets and the consequences of damage, legally determine that the damaged items belong to military facilities, and timely report the progress of case handling to the military, fully listening to the opinions of the military. The third is to accurately determine the nature of the crime and ensure that it is punished in accordance with the law. After examination, the procuratorial organs believe that Ma and Yang resorted to destructive means to steal military facilities of the army, which constitutes a combination of theft and destruction of military facilities. They should be punished with one of the serious crimes and prosecuted to the court for the crime of destroying military facilities. The fourth is to adhere to the combination of punishment and punishment, and apply the leniency system for confession and punishment in accordance with the law. In response to the lucky mentality of Ma and Yang, the procuratorial organs have conscientiously carried out the education and transformation of confession and punishment. Through interpreting the law and reasoning, the two defendants have deeply realized the serious harm their actions have caused to national defense and military interests and voluntarily confessed to punishment. The prosecution's accusation opinions and sentencing recommendations were adopted by the first instance court's judgment.

Typical meaning