Source: Taiwan Strait Network
Trial Site
Taiwan Strait Network December 10 (Reporter Chen Jie and Lin Binbin of the Straits News Agency Correspondent Haifawen/Photo) On December 9, the Haicang District People's Court publicly pronounced the case of a gang-like organization by the defendant Lin Chaodong and 14 others in accordance with the law. This case is the first case of a gang-like organization that was sentenced by Xiamen City since the normalized fight against organized crime and evil.
In the end, the defendant Lin Chaodong was sentenced to fixed-term imprisonment in the first instance for crimes of organizing and leading a gang-like organization, gathering a crowd to fight, extortion, forced transactions, and provoking trouble, and was sentenced to fixed-term imprisonment in the first instance and confiscated all his personal property; while the remaining 13 defendants were also sentenced to fixed-term imprisonment ranging from one year and six months to thirteen years for crimes of participating in a gang-like organization, and confiscating part of his personal property or fine.
After trial, the court found that since 2002, the defendant Lin Chaodong has successively gathered the defendants Lin Mouyi, Zeng Mousong, Sun Moulong and others to carry out illegal activities such as gambling, illegal construction, and fighting for construction projects. Since 2006, the defendants Lin Chaodong and others have committed 30 illegal and criminal activities such as extortion, forced transactions, fighting, and provoking trouble in the Gaolin Village area of Huli District, and have gradually formed a gang-like organization with basically fixed core members, large numbers and significant influence in the local area. The organization has obtained huge economic benefits by obstructing construction by forcing the "snatching points" and monopolizing demolition projects and earthwork projects, resulting in serious consequences such as physical injuries and huge economic losses of many victims, seriously disrupting local social life and economic order. The court held that the defendant Lin Chaodong and 14 others organized illegal and criminal activities, fought for hegemony, seized huge economic benefits, and formed a gang-like organization that seriously undermined the social and economic order.
The court held that the defendant Lin Chaodong was an organization and leader, and he constituted the crime of organizing and leading a gang-like organization. The defendants Lin Mouyi, Zeng Mousong, and Lin Moucai are active participants of the organization, and the defendants Lin Mouchi, Lin Mouyuan, Lin Moulong, and others are other participants of the organization, and they all constitute the crime of participating in a gang-like organization.
Judge's statement
Four major characteristics of gangs of gangs
According to Article 294 of the Criminal Law of the People's Republic of China, those who organize and lead gangs of gangs shall be sentenced to fixed-term imprisonment of not less than seven years and confiscated their property; those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and may be fined or confiscated their property; others who participate shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or deprivation of political rights, and may be fined.
The underworld organization should have four major characteristics at the same time. First, organizational characteristics. A relatively stable criminal organization has been formed, with a large number of people, with clear organizers and leaders, and the backbone members are basically fixed; second, economic characteristics. Organizedly obtain economic benefits through illegal and criminal activities or other means, and have certain economic strength to support the activities of the organization; third, behavioral characteristics. Using violence, threats or other means, they carry out illegal and criminal activities organized and repeatedly, commit crimes, do evil, oppress and harm the masses; fourth, harmful characteristics. By committing illegal and criminal activities, or using the shelter or condonation of state employees, dominate one party, and form illegal control or major impact in a certain area or industry, seriously disrupting the order of economic and social life.
