Sand dredgers went out day and night in the Yangtze River waterway, "digging gold" crazily, transporting and reselling on the spot, and four vehicles and four ships were specially used for anti-investigation. In half a year, more than 220,000 tons of sand were illegally mined, worth more than 12 million yuan, involving more than 120 people. As a case of illegal sand mining involving the largest amount of money and the largest number of people in Zhenjiang City since illegal sand mining was sentenced, the procuratorate of Jinshan District of Zhenjiang City recently prosecuted more than 80 people, including Zhongmou, in batches on suspicion of illegal mining, concealing and concealing the proceeds of crime, and has sentenced 70 people. On March 20,
2021, when the night was dark, a ship was coming from a state-owned wharf on the Yangtze River to prepare for the barge. When the police inspected the ship, they found that the river sand on board was pointed, while the ordinary river sand was flat. At the same time, the police found that the water content of the river sand was high, as if it had just been collected. Under the inquiry of the police, the owner of the ship, Xia Mou, gave up Ji Mou, a person who resells river sand, which led to the largest production and marketing chain of stolen river sand in Zhenjiang City. The key figure in
this production and marketing chain is Zhongmou, a man. Since October 2020, he has contacted several sand dredger owners, claiming to have "connections" to provide them with security protection. He was divided into "46" or "55" with the owner of the sand dredger, and then contacted several river sand resellers, organized and hired several cargo ships to tie up sand in the river late at night or early in the morning, and then quickly transported it to the nearby wharf for resale. This production and marketing chain has a tight organizational structure, which can complete the four links of "mining, barge, transportation and marketing" in one night. According to Zhongmou's confession, in order to prevent being caught, every time the sand dredger works, he will hire more than 10 people to divide into two groups, all the way around the public security, water conservancy, maritime and other law enforcement units, once the law enforcement officers are found to notify the sand dredger; all the way around the sand dredger within a radius of 10 kilometers, once there is a sign of trouble, he will notify the sand dredger to evacuate. Since October
2021, the Zhenjiang Branch of the Yangtze River Shipping Public Security Bureau has transferred a series of 22 cases involving 122 people to the procuratorial organs. After examination, the Jinshan District Procuratorate prosecuted more than 80 people, including Zhongmou, in batches in accordance with the law. After trial, the court adopted all the charges and sentencing recommendations of the procuratorial organs. In the first instance, Zhongmou and others were sentenced to fixed-term imprisonment ranging from five years and nine months to six months and fined for the crime of illegal mining and the crime of concealing and concealing the proceeds of crime. Due to the complexity of the case, some cases are still being processed.
The prosecutor intervened in advance to find the truth
. There were many people involved in the case. Many people cried out after they came to the case. Who was lying and who really didn't know? In order to restore the truth, the Jinshan District Procuratorate insisted on intervening in advance, quickly integrating forces, clarifying ideas, ensuring effectiveness, and promoting the smooth completion of the case.
The court and the public security organs have held five consultation meetings on the case. In view of the fact that most of the people involved in the case are from the same clan and village, and have received the speech training of confrontation interrogation, it is suggested that the public security organs adopt the method of breaking through one by one, starting from the peripheral personnel on sentry duty, and then to the core personnel such as transportation and sand mining organizers to carry out interrogation. After the arrest of the criminal suspect involved in the case, in view of the fact that the gang all used the "black card" of the mobile phone to contact, and it was difficult to obtain the real call records, it was suggested that the public security organs reorganize tens of thousands of WeChat chat records, transfer records and purchase of river sand vouchers, and reverse the time, quantity and transaction amount of the gang's stolen river sand mining, and establish a proof system with objective evidence as the core. In handling the case of
"the second half of the article"
, prosecutors pay attention to the combination of reason and reason, and promote confession and punishment. After the case is transferred for examination and prosecution, the prosecutor patiently explains the law to the criminal suspect, actively carries out publicity and education on the rule of law, guides the criminal suspect to recognize the facts of the crime and the harm caused, and sincerely confesses his guilt and repents. At present, all defendant in the case have pleaded guilty and pleaded guilty. At the same time, through holding hearings and other forms, 15 criminal suspect with minor criminal circumstances were decided not to prosecute. In addition, the procuratorial organ also filed a criminal incidental civil public interest lawsuit against 12 principal offenders, such as Zhongmou, and appealed to the court to order the court to bear the cost of repairing the ecological environment damage caused by illegal sand mining of 2.76 million yuan, and the court's judgment fully supported the procuratorial organ's claim.
While handling cases according to law, we should do a good job in handling the "second half of the article". Zhongmou gang has repeatedly transported river sand from the large state-owned wharf where the case occurred, indicating that there are loopholes in the management of the wharf and that they are exploited by criminals. In this regard, the procuratorate of Jinshan District issued the Procuratorial Proposal to the three port enterprises involved in the case in a timely manner, urging the enterprises to strengthen their internal management, fulfill their review obligations, strictly carry out the transshipment process, and actively carry out legal education for employees, improve the system and norms, produce in accordance with the law and regulations, effectively avoid criminal legal risks, and achieve good results in handling cases.
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