The truth is..., but the shipowner firmly denies that the satellite shows the fishing boat to be south of 35 ° north latitude

35 ° North Latitude

It is an important standard line for distinguishing prohibited fishing areas

From 12:00 on September 1st to 12:00 on September 16th

The Yellow Sea and East China Sea south of 35 ° N are prohibited fishing areas

The Bohai Sea and Yellow Sea north of 35 ° N are fishing areas

This day

Satellite broadband display

A fishing boat appeared in the area

Prohibited fishing areas south of 35 ° N latitude

But the shipowner insisted on claiming that he

Fishing in the waters near latitude 35 ° 08 ′ N

One South, One North

Does it directly determine whether the shipowner is guilty?

that

Where was the shipowner fishing at that time?

See the prosecutor uncover the truth

……

The picture shows the involved vessel

"It is legal for me to fish north of 35 ° N latitude."

On September 15, 2022, the Marine Administrative Law Enforcement Squadron of Shengsi County, Zhejiang Province, discovered a suspicious double trawl vessel during routine inspections of sheltered vessels. There are hundreds of fish baskets and two trawl nets on board, with the size of the nets far smaller than the fishing standards, and there are obvious marine biological residues. Subsequently, the shipowner Jin was investigated by the maritime police on suspicion of illegal fishing.

"I did not catch any aquatic products during the fishing ban period, I caught them legally." After arriving at the case, Jin denied the fact of illegal fishing and claimed that he departed from Lianyungang, Jiangsu on the evening of September 1, 2022, heading northeast. From September 2 to the early morning of September 12, he continued to fish in the waters near 35 ° 08 'north latitude. According to the notice of the Ministry of Agriculture and Rural Affairs on adjusting the fishing ban system during the off-season in the ocean, 35 ° N is an important standard line for distinguishing prohibited fishing areas. The fishing ban period in the Bohai Sea and Yellow Sea areas north of 35 ° N is from 12:00 on May 1 to 12:00 on September 1, while the fishing ban period in the Yellow Sea and East Sea areas between 35 ° N and 26 ° 30 'N is from 12:00 on May 1 to 12:00 on September 16. The difference of one degree between south and north directly determines whether Jin constitutes a crime.

Law enforcement officers found through inspection that the involved ship did not have a Beidou positioning system installed, and the AIS system did not collect positioning data during the fishing period, which is suspected to have been shut down. Jin's mobile phone also fell into the sea on the day of his arrest.

The case has reached a deadlock:

Where exactly was Jin fishing at that time?

"How do you explain that satellite broadband displays' job positioning is in the East China Sea?"

Faced with this situation, the Shengsi County Procuratorate intervened in the case in accordance with the law. The prosecutor promptly discussed the case with the maritime police, found breakthroughs, and improved the evidence chain.

"The suspect has a strong sense of anti investigation and refuses to explain the criminal facts, which increases the difficulty of handling the case..." The marine police introduced the case handling situation. After conducting an investigation, the prosecutor found that the involved ship was equipped with satellite broadband equipment. "Satellite broadband equipment is mainly used for making phone calls at sea, often embedded with positioning devices. Can we find anything from it?" Following this clue, investigators found the broadband equipment manufacturer Ningbo Technology Co., Ltd. and obtained the trajectory of the involved ship. Originally, from September 1st to September 15th, this ship continued to sail in the East China Sea and did not appear near 35 ° north latitude.

"How do you explain that the satellite broadband display operates in the East China Sea area?" The investigators questioned Jin. "I don't know why this device is displaying this way. The ship's AIS system has been on all the time, and it shows latitude 35 ° 08 'north. Moreover, I set off from Lianyungang in a northeast direction, how could I possibly be traveling in the East China Sea?" Jin replied. And two crew members also testified that they departed from Lianyungang on September 1st.

The map shows that Lianyungang is between 34 ° N and 35 ° 07 ′ N. If Mr. Jin sets off from Lianyungang in a northeast direction, he will definitely not appear in the East China Sea. Is it possible that the satellite broadband data is inaccurate, or that the AIS system mentioned by Jin has malfunctioned, causing Jin to mistakenly believe that it is in the Yellow Sea and Bohai Sea? The prosecutor was lost in deep thought.

Subsequently, the prosecutor further guided the maritime police to conduct an investigation. The maritime police retrieved the latitude and longitude data of the satellite broadband on the day of seizure and found that the satellite data was consistent with the capture location, indicating that the accuracy of the satellite broadband data is not a problem. At the same time, after retrieving the mobile base station data of Jin and two crew members, it was found that Jin and others appeared in Shengsi County on September 1st, not as claimed to have departed from Lianyungang. All objective evidence indicates that Jin is lying.

"I lied and also colluded, I plead guilty and accept punishment."

At the end of March this year, the Shengsi Workstation of the Zhoushan Maritime Police Bureau transferred the case to the Shengsi County Procuratorate for examination and prosecution on suspicion of illegal fishing of aquatic products by Mr. Jin. In order to further investigate the facts of the case, the prosecutor in charge conducted a supplementary investigation. Through investigation and verification with two crew members, it was found that Jin had repeatedly instigated witnesses to give false testimony during the administrative and criminal investigation stages in order to evade criminal prosecution.

"I did indeed fish in the East China Sea. I lied and colluded. I pleaded guilty and was willing to hand over the 90000 yuan I earned, hoping for a lighter punishment. After multiple interrogations by the prosecutor in charge and using existing evidence to gradually break through the psychological defense line, Jin finally let go.". It turned out that he had already established an "offensive defensive alliance" with two crew members before being arrested, refusing to disclose the facts of the crime and attempting to escape legal sanctions.

On June 28th, the Shengsi County Procuratorate filed a public prosecution against Jin on suspicion of illegal fishing of aquatic products and obstructing testimony. Jin used a double tugboat operation, which posed significant harm and did not voluntarily confess the main illegal fishing facts. He was also suspected of colluding with others. However, considering that Jin later returned the stolen goods and voluntarily pleaded guilty to punishment, the Shengsi County Procuratorate followed the criminal policy of combining leniency and severity and proposed to sentence him to six months in prison for the crime of illegal fishing of aquatic products, five months in detention for the crime of obstructing testimony, and a combined sentence of six months in prison. Recently, after the court held a trial, it adopted the sentencing recommendation of the procuratorial organs and made a judgment on Mr. Jin. At present, the judgment has come into effect.

In addition, the prosecutor criticized and educated the two crew members involved in the case, and suggested that the maritime police make an administrative penalty decision to detain and fine them.