Recently
, a "top package" suspect case
of
"Zheng'an 9" shipwreck handled by Shengsi Procuratorate was selected as the top ten typical cases
of legal supervision of Zhejiang procuratorial organs
in 2022. What about being selected? On November 8,
2021, an inland river ship "Zheng'an 9" loaded with sea sand sailed northward from Fujian Province and sank in bad weather when it reached the sea area of Shengsi Langgang Mountain, resulting in three missing and one death on board. After the
ship sank at the scene
, the Zhoushan Maritime Bureau confirmed that the accident was caused by the inland river ship illegally engaging in maritime operations, employing undocumented personnel to serve on board, and flooding the cargo hold in bad weather and sea conditions. Who is responsible for
this shipwreck? After careful investigation, the procurator
of Shengsi County Procuratorate restored the truth and found out the real person responsible for the accident. Who is the actual controller of the
ship? After
the shipwreck, Ma Mouhao, the ship charterer, went to Zhoushan Maritime Bureau for questioning and confessed his crime of renting inland river vessels with Zhang Moujia, the missing person on board, and employing three other crew members to illegally ship sea sand to Fujian.
Zhoushan Maritime Bureau has obtained the lease contract of the ship, which once again confirms the fact that Ma Mouhao is the charterer of the ship.
In February last year, the investigative organ submitted to the Shengsi County Procuratorate for approval of arrest on suspicion of Ma Mouhao's major liability accident. During the period of examination and arrest, the past experience of Ma Mouhao and Zhang Moujia attracted the attention of prosecutors.
Ma Mouhao is only 23 years old, his family's economic situation is general, and he has no experience at sea. Zhang Moujia is 61 years old and has many business failures.
There is a wide age gap between them. How do they know each other?
Ma Mouhao has neither capital nor experience. Why does Zhang Moujia want him to rent a boat?
At the same time, Zhang Moujia, a missing person on board, was included in the list of discredited executives, so how did he pay more than 2.4 million yuan in ship rent?
With these doubts, the prosecutor launched a further investigation and found that the mobile phones of several witnesses in the case were lost for various reasons, and some witnesses had received anonymous phone calls and were asked to speak in a unified way.
After examining the truth of the ship
involved, the prosecutor found that the rent of the ship came from Zhang Mouyi, the son of Zhang Moujia (who had disappeared in the accident), and part of the money of the sand buyer was also remitted to a bank card held by Zhang Mouyi.
In addition, by inquiring the hotel housing records, it was proved that Zhang Mouyi had appeared at the delivery site before the ship sailed.
Through analysis and judgment, Shengsi County Procuratorate considered that the existing evidence was insufficient to prove that Ma Mouhao was the actual controller of the ship, so it made a decision not to arrest the ship according to law, and guided the investigation organ to carry out supplementary investigation in view of the actual controller of the ship.
After collecting information such as the flow of bank funds, the prosecutor found that Zhang Mouyi had been responsible for the payment of crew wages, and further confirmed that Zhang Mouyi was the actual controller of the ship by asking several crew members who had worked on the ship.
Last March, Zhang Mouyi was arrested by Shengsi County Procuratorate on suspicion of major liability accident. During the examination and prosecution of the
case, the prosecutor found that the sea sand loaded by the ship in the accident came from Fujian sea area through investigation, and verified the fact with the crew who had worked on the ship and Zhang Mouyi. The possibility of barging sea sand in other sea areas is ruled out.
Subsequently, the prosecutor consulted the processing of the sea area use right certificate and the sea sand mining license in Fujian Province. After inquiring the only company that had handled the "two certificates", he obtained the company's water and underwater activities license and other documents, confirming that the company had never sold the sea sand to Zhang Mouyi.
Therefore, Zhang Mouyi's act of reselling sea sand without legal source procedures from an unknown sand dredger has been suspected of concealing and concealing the crime.
Faced with a large amount of evidence, Zhang Mouyi finally admitted all the crimes he had committed and expressed his willingness to plead guilty and make compensation.
He admitted that Ma Mouhao was the "scapegoat" he had found, and also confessed that after the accident, he handed over part of the money to Ma Mouhao's wife, who compensated the victim's family, and tried to create the illusion that he was also the victim's family.
Shengsi County Procuratorate jointly carried out mediation work with the social contradiction mediation center where the victim's family members are located, and urged Zhang's relatives and friends to pay compensation in time, which eventually led to a settlement agreement between the two sides. In July
2022, Shengsi Procuratorate committed the crime of major liability accident
by
concealing and concealing the crime. On August 26
,
2022,
Zhang Mouyi was sentenced to
three years and six months
'imprisonment and a fine of 50000 yuan
by the court as an accomplice.
Suspected of covering up and concealing the crime and
being placed on file for investigation
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