Issue 982
On October 12, the case of Li Shuai and others involved in gangland organized crime, which was transferred by the Xiaoshan District Public Security Bureau to the Xiaoshan District Procuratorate for review and prosecution, was heard by the Xiaoshan District People's Court and made a first-instance judgment.
The court sentenced the first offender and defendant Li Shuai to 15 years in prison for four crimes including organizing and leading a gangland organization, intentional injury, picking quarrels and provoking trouble, and gambling. He was also sentenced to confiscation of all personal property and deprivation of political rights for two years.
It is understood that the case in which the defendant Li Shuai and others were charged with organizing, leading, and participating in organized crimes of a triad nature is the first case of organized crime of a triad nature adjudicated in Hangzhou since the Party Central Committee and the State Council launched a special campaign to “sweep gangsters and eliminate evil.” The case was supervised by the Political and Legal Affairs Committee of the Zhejiang Provincial Committee and was listed by the Provincial Public Security Department as one of the ten typical cases involving gangs and crimes in the province.
11 members of underworld gangs were sentenced, 10 of them were "post-90s"
Among the 11 defendants sentenced by Xiaoshan Court today (October 12) for "organizing, leading, and participating in underworld organizations", 10 were "post-90s" and many had criminal records. The first offender, Li Shuai, was born in March 1994.
The court found after trial that in the second half of 2016, the defendant Li Shuai, together with others, held gatherings at KTV and other places in Guali Town, Xiaoshan District, Hangzhou for a long time, and joined a WeChat group called "Zhongyi Tang" to communicate, contact and take care of each other.
After that, the defendant Li Shuai further recruited people and established a triad-type organization headed by him, with the "Zhongyi Tang" WeChat group as the contact network, with the defendants Zhao Wei, Xie Jiashu, Lu Xing and others as the backbone, and the defendant Luo Bin and others as participants.
In order to maintain the stability of his organization and increase its economic strength, the defendant Li Shuai used his own savings and financial assistance from others to operate long-term activities in many KTVs in Guali Town, Xiaoshan District from the end of 2016 to November 2017. Organizing party activities, arranging accommodation and providing vehicles for organization members, and conducting unified management of steel pipes, machetes and other crime tools; and obtaining economic benefits by gathering people to gamble, helping others fight and "support the scene", and forcibly taking other people's property in KTV and other commercial places.
From the second half of 2016 to November 2017, members of the defendant Li Shuai's organization carried out more than ten criminal activities such as fighting, gambling, intentional injury, and picking quarrels and provoking troubles in Xiaoshan District, resulting in serious consequences such as two serious injuries of the second degree, two minor injuries of the first degree, three minor injuries of the second degree, and several minor injuries. Some of the video materials of the organization's fights, weapons, and gatherings were disseminated through the Internet. The illegal and criminal activities carried out by this organization have had a negative impact on Guali Town, Xiaoshan District, Hangzhou City, seriously disrupting the normal social life order and economic order in the local area.
After the trial, the court held that the defendant Li Shuai, together with others, formed a relatively stable criminal organization with a large number of people, clear organizational leaders, backbones and participants, and organized to obtain economic benefits through illegal and criminal activities. The organization has carried out fourteen illegal and criminal acts. It has the organizational, economic, violent and controlling nature of a gangster organization's crimes, and is recognized as a gangland organization according to law.
Based on the defendant’s crime facts, nature, circumstances and degree of social harm, the court made a judgment in accordance with the law.
Except Li Shuai, the other defendants were sentenced in the first instance to fixed-term imprisonment ranging from one year and two months to ten years, and were also fined or confiscated.
Multi-department coordination to ensure high-quality and efficient cases
In December 2017, when Xiaoshan police were investigating and collecting evidence about a fight, they discovered that some of the people involved had participated in multiple fights.
As the investigation deepened, a gang of underworld organizations headed by Li Shuai and others gradually surfaced. After investigation, the gang was suspected of repeatedly committing illegal and criminal acts such as gathering people to gamble, provoking troubles, and intentional injury in places such as Xiaoshan Guali , posing a serious threat to the people in the jurisdiction.
The Xiaoshan police quickly mobilized capable police forces to set up a task force. After more than a month of in-depth operations and analysis, in the early morning of January 9, 2018, the task force implemented centralized network closure in Wenzhou, Jinhua, Shaoxing , Zhejiang, Dajiangdong, Xiaoshan, Xintang, Guali, Nanyang and other places in Xiaoshan. After the case was closed, the task force went to Hunan, Guangxi, Jinhua and other places to arrest fugitives.
After Li Shuai and others were arrested, in line with the principle of hitting hard, hitting hard, and hitting accurately, deeply, and thoroughly, the district anti-crime office, district public security bureau, and law enforcement units worked closely together to perform their respective duties, and quickly took a number of effective measures to promote the gangster nature of Li Shuai and others. The case of organized crime was successfully investigated:
During the investigation of the case, the Xiaoshan District Procuratorate intervened in the case in advance, dispatched personnel to guide the investigation and evidence collection as soon as possible, and put forward relevant opinions and suggestions on the fixation of evidence and the application of the law. The Xiaoshan District Public Security Bureau started by verifying each case, extracting the "four characteristics" of organized crimes of a mafia nature, closely integrating the individual cases with the "four characteristics", and then systematically sorting out and summarizing them. According to the four-stage steps of "investigating individual cases, extracting characteristics, obtaining detailed evidence, and then summarizing", they carried out detailed investigation and evidence collection on members of the organization, paying special attention to the extraction of electronic evidence and audio-visual materials to restore the criminal facts of Li Shuai and others to the greatest extent.
After the case was transferred for review and prosecution, the Xiaoshan District Procuratorate implemented group handling of the case, focusing on the obvious organizational characteristics of Li Shuai's case such as clear hierarchies, unified contact, unified food and accommodation, concentrated entertainment, condolences, mutual protection, rules and regulations, etc., and conducted qualitative analysis and screening of the case and comprehensive analysis. The "four characteristics" of the underworld organization in the Li Shuai case were identified. At the same time, the Xiaoshan District Public Security Bureau assigned two police officers to the district procuratorate to quickly investigate and fix the issues that needed to be supplemented in the handling of the case. In the end, the Li Shuai case involving 20 defendants and 47 files was successfully prosecuted to the district court in only 45 days.
In the early stage of the trial, the Xiaoshan District Procuratorate strictly formulated a trial plan, listing an interrogation outline, evidence and cross-examination outline, targeted evidence materials, and defense outline for each defendant, covering the focus, key points, and controversial issues that may arise during the trial to ensure the quality of the prosecution.
During the trial, during the court interrogation, evidence and cross-examination, court debate and other stages, the prosecutor closely focused on the core issue of identification of gang-related organizations, charging and responding from the aspects of evidence, facts, law and other aspects, fully demonstrating the social harm of the case and the accuracy of the characterization.
The Xiaoshan District Court designated a capable judicial force to handle the case, and based on the requirements of the trial-centered reform of the criminal procedure system, it strictly grasped the evidence and legal aspects of Li Shuai's case, and determined according to law that Li Shuai and others had committed 14 criminal acts, possessing the organizational, economic, violent and controlling nature of a gangland organization, and applied Article 294 of the Criminal Law to sentence Li Shuai and others. Especially in the judgment of this case, the district court paid attention to the criminal policy of combining severe punishment with leniency. For example, the organizer and leader Li Shuai was sentenced to 15 years in prison for several crimes, deprived of political rights for two years, and all personal property confiscated. Lin Shijie, an ordinary participant, was sentenced to one year and two months in prison. In terms of sentencing, the leaders, organizers, active participants, and ordinary participants were divided and disintegrated, treated differently, and achieved better results in handling the case.
In the process of handling the criminal cases of Li Shuai and other gangster organizations, Xiaoshan District explored and improved the relevant working mechanisms, focusing on treating both the symptoms and the root causes, forming a work pattern of "party committee coordination, anti-crime office coordination, and public prosecutorial and legal advancement", which provided a strong guarantee for the handling efficiency, case quality, and handling effect of the case, and also provided a model for the handling of similar cases in the future.
