Recently, Guangdong Province, Shantou City, Haojiang District People’s Court of First Instance sentenced to Shantou City Public Security Bureau, Chaonan Branch of the former party committee member, Discipline Inspection Commission Zheng Shaoxin guilty of taking bribes. , Illegal use of eavesdropping special equipment, sentenced him to 3 years and 6 months, and fined 20,000 yuan. The hospital had previously sentenced the same offense for 6 years and fined 20,000 yuan, but the facts of the second trial ruling is unclear, the evidence is insufficient, sent back to the retrial.
Zheng Shaoxin pleaded not guilty for the Beijing Wei Heng Lawyer Peng Yixuan, said Zheng Shaoxin dissatisfied with the verdict, has been appealed.
In 2014, Zheng Shaoxin GPS equipment will be installed when Shantou Chaoyang District Party Secretary Chen made the official car chassis, after the phone to the secretary to leave a restaurant and report the situation. In this regard, local officials have responded, Chen is not made to the new high-grade places, and only spent more than 600 yuan, but also non-public funds; excessive car Secretary of the car failure, and therefore temporary deployment by the district office. (See the newspaper May 12, 2016, “Zheng Shaoxin the second instance ruling sent back to the retrial”)
Chen Xinzao was retired Chaoyang District Party Secretary, in July of this year’s public reports, the duties of Shantou Municipal Committee, Deputy Secretary-General. September 30, 2014, reported the results of the party secretary of the unsuccessful Zheng Shaoxin on suspicion of illegal use of eavesdropping equipment XingJu, then October 11 was arrested. After the allegations, Zheng Shaoxin more of a crime of accepting bribes.
The two charges in the Haojiang District People’s Court in December 2015 the first instance verdict were convicted of the establishment. May this year, Shantou City Intermediate People ‘s Court of second instance to the fact that the evidence is not sufficient grounds, ruled that revocation of the original verdict, sent back to the retrial.
Reporter noted that the retrial identified many facts, compared with the previous round of first instance is not much different. Retrial ruled that March 2014, Zheng Shaoxin to others to borrow GPS data terminals, and to the Chaoyang District Government compound will be installed to the terminal to Chen Xin made use of the Toyota Highlander official vehicle chassis, its positioning tracking. April 19, 2014 at noon, Zheng Shaoxin tracking based on GPS positioning and found the official car parked in front of Taoxuan Restaurant, they ordered the driver to drive it to the place, the use of mobile phones on the party secretary and his colleagues left the restaurant Take pictures and video, then instruct the driver to report the news online.
The decision that the victim Chen Xin Chaoyang District Party Committee Secretary, in his performance during the office on behalf of Chaoyang District, Zheng Shaoxin illegal use of eavesdropping special equipment not only seriously damaged the Chaoyang District, the image of the district government, resulting in poor Social impact, but also seriously disrupted the normal working life order, so that investors who are prepared to invest in Chaoyang District, wait and see attitude to the economic construction of Chaoyang District, causing indirect economic losses, the defendant should be found to have serious consequences.
Around the many views involved in the equipment during the trial once caused clashes. Zheng Shaoxin’s lawyer Peng Yixuan once told reporters that although the GPS remote monitoring function of the terminal, but there is no evidence that the accused enabled the function, and illegal use of eavesdropping special equipment should be against the use of illegal acts, but not holding behavior . In this regard, the ruling said, from the legislative intent to see, the object of this crime is the violation of social management order, that the state of eavesdropping equipment management order, as long as there is illegal use of eavesdropping special equipment behavior, whether or not enabled eavesdropping function, are Should be identified as “illegal use.”
Peng Yixuan also said that the public security organs seized with the equipment involved in the six products of information cards, each card corresponds to a GPS data terminal, but by comparison found, the identification of the two censored GPS terminal, one of which is not Was seized in the information card, so that the identification of suspected fraud. Judgment is accepted by the public security organs explained that the detained equipment were bought a total of seven or eight GPS terminals, not limited to seized six product information card, so called defense views can not be established.
On the bribery part of the retrial ruling once again identified, the end of 2005 to April 2006, when the instructor of the Longtian police station Zheng Shaoxin designated two friends photo studio for a number of villagers focus on the collection of second-generation ID card photos. Photo studio owner in order to thank Zheng Shaoxin for his care, according to the number of photographers to 5 yuan per person standard, 4 times a total of 8.4205 million yuan to send Zheng Shaoxin’s office.
Peng Yixuan that, according to the relevant judicial interpretation, the time involved in 2006, according to the amount involved, the maximum time for prosecution for 5 years, it has exceeded the time limit for prosecution, should terminate the trial or acquittal.
In this regard, the retrial judge explained that in May 2006 to August period, Shantou City, Chaonan District People’s Procuratorate has been reported according to Zheng Shaoxin photo studio to accept the issue of money to carry out an investigation, during which Zheng Shaoxin instructed the co-commissioner to return bribes and Make false statements to avoid detection. September 2006, Chaonan District People’s Procuratorate suspended the investigation of the case. In September 2014, the Commission for Discipline Inspection handling the case clues to Shantou City People’s Procuratorate, the hospital cracked the case, so no more than the time limit for prosecution.
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