[Reading Tips] After receiving state compensation, 472-year-old entrepreneur in Hengyang, Hunan was sentenced to three years in the same case, and was retried and sentenced to not guilty
Guangming.com commentator: This Wednesday (November 10), Li Liangmao, an entrepreneur in Leiyang, Hunan, received the court's retrial of innocence. The 72-year-old entrepreneur was transferred to prosecution by the local public security organs for suspected false declaration and obtaining rewards. After the procuratorate returned the case and paid state compensation to him in accordance with the law, he was investigated, prosecuted and sentenced for the same matter... This case has attracted public attention for this.
Why did the case be returned by the procuratorate and the parties have received state compensation, and the public security and procuratorate filed another lawsuit against the parties on the same matter? Li Liangmao After receiving state compensation, he also requested to return the more than 3 million yuan of "stolen money involved in the case" recovered when the case was filed. However, the Qidong County Procuratorate, which made the state compensation decision, believes that the Discipline Inspection Commission that recovered this money was "not an administrative agency or an agency that exercises the power of investigation, procuratorial and judicial, so he does not support his request." Li Liangmao appealed for this until he was sued again.
The Li case was filed in 2013 and was prosecuted again in 2019. After five years, although the facts based on the prosecution of the prosecution have not changed, the charges prosecuted have changed from "fraud" to "forgetting official documents and seals of state organs." This kind of de facto "reports one thing again" is the focus of public attention. No punishment for a matter is the basic legal principle, the basis of legal justice, and the basic starting point of legislation. The principles of no longer (responsible) punishment for a matter and no additional punishment for appeals are actually the boundaries of the order of the law and the legal system itself, and are also the basis for coordinating legislation, judicial and social order and social justice. This legal principle is abandoned, and the result is that there is no fixed rule in the law and no basis for practices, and judicial resources are repeatedly used, wasted, and overdrawn on one thing (case).
As a reflection of the legal principle of no longer (responsible) punishment for a matter, the " Procedures for Handling Criminal Cases of Public Security Organs " stipulates that the public security organs have the power to re-issue or continue to investigate the case that has been terminated. However, the exercise of this power is prerequisite, that is, "new facts or evidence" were discovered in the case that has been terminated, and it is "the main, substantial, facts and evidence that affects the composition of crimes into ". Obviously, the trial after the Li case was sent back to the retrial and the result of the parties' acquittal verdict, which shows that the Li case, which had previously ended with the state compensation decision, did not find "new facts or evidence", and thus there is no new "main, substantial facts and evidence that affect the composition of the crime."
After the Li case ended in 2018 with the state compensation decision, if the relevant institutions can return in a timely manner or re-examine the more than 3 million yuan recovered in the name of "stolen money involved in the case" in accordance with the procedures, there may be no further setbacks in the parties to the case and the credibility of the judicial system. After the state compensation decision of the procuratorate is made, all institutions should respect this legal decision and fulfill the relevant legal obligations involved. Article 5 of the current Constitution's General Outline stipulates: "All state organs and armed forces, political parties and social groups, and enterprises and institutions must abide by the Constitution and laws." "No organization or individual shall have privileges that exceed the Constitution and laws." This is the authority of legal decisions.
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