If you buy fake goods online, you will buy 100 million more!

Chapter 306 The Husband and Wife Are Birds in the Same Forest

Ask indoors.

After learning the ins and outs of the matter from Fu Anqi's mouth, Gao Chao, a veteran policeman with rich experience in handling cases, stared wide-eyed, feeling unable to suppress the soaring blood pressure.

It's been a long time, I never thought there would be such a brazen person in the world!
"Miss Fu, don't worry, the couple has been detained by us for the crime of obstructing public affairs. Your house will be returned soon." Gao Chao comforted.

Fu Anqi blinked.

And this good thing?

Originally, Jiang Bai asked her to apply for enforcement, just to charge Gao Donglin and his wife with a crime of refusal to execute, but unexpectedly there was a surprise.

Article 270 of the Criminal Law stipulates that the crime of obstructing public affairs refers to obstructing the staff of state organs from performing their duties according to law by means of violence and threats.

shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

Those who violently attack the people's police who are performing their duties in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. This is what is often called the "crime of assaulting the police."

Strictly speaking, the criminal law does not include the crime of "assaulting the police". The so-called crime of assaulting the police is actually a crime of obstructing public affairs.

The object of the crime of assaulting the police is the personal rights and interests of the people's police, and the bailiff is the abbreviation of "judicial police", so it naturally belongs to the people's police.

In other words, a violent attack on a bailiff who is performing his duties constitutes a crime of assaulting a police officer.

However, the situation of the two bailiffs is still optimistic, at most they are slightly injured.

But that executor was in a terrible situation. He didn't need an appraisal to know, so it must be considered a minor injury.

Although the executor is not a policeman, he is a "staff member of a state agency." Gao Donglin and his wife let a dog bite him, which is a proper crime of obstructing public affairs.

In fact, this matter is also suspected of intentional injury.

If the same act commits multiple crimes, choose one felony, and combined punishment for several crimes does not apply.

And because the crime of intentional injury causing minor injuries has the same statutory punishment as the crime of obstructing public affairs, so under normal circumstances, it will be convicted and punished as the crime of obstructing public affairs, which can better reflect the country's legislative purpose of maintaining public order.

All in all, so far, the old Lai and his wife have received less than three years in prison.

In fact, when things have reached this point, it can definitely be regarded as keeping the clouds open and the moon shining.

But Fu Anqi hesitated.

Her original intention was simple, to get the house back, but now, the old Lai and his wife were charged with criminal charges, and it was a certainty that the house would be returned to its original owner.

No need to toss any more.

But in the past six months, because of the house, I have suffered and been wronged, and even couldn't eat or sleep for a while, can I just let it go?

Fu Anqi was not reconciled.

And who can guarantee that Gao Donglin and his wife will not continue to make trouble after they come out?

Thinking of this, Fu Anqi took a deep breath, looked at Gao Chao and said, "Officer Gao, thank you for letting me know, but I came here today to report three other crimes."

"The first is the crime of trespassing on a residence."

"Article 240 of the Criminal Law stipulates that the crime of illegal intrusion into a residence refers to an act of illegally forcibly entering another person's residence, or refusing to withdraw after being asked to leave, affecting the normal life and living peace of others."

"Sentence to fixed-term imprisonment of not more than three years or criminal detention."

"Gao Donglin and Lin Jia entered my house without my permission, and I refused to ask them to leave. Their behavior has seriously affected my normal life to the extent that the circumstances are serious. This should be a case. Bar?"

While talking, he also produced corresponding evidence: real estate certificate, related procedures of foreclosure, videos and recordings of several negotiations, etc.

Gao Chao looked at it and nodded with interest.

This reporter is really interesting, not only has he prepared sufficient evidence, but he is also familiar with relevant laws and regulations.

If every reporter could provide their own evidence like her and describe the case clearly and accurately, then the efficiency of the police handling the case would be increased many times.

"The second is the crime of refusal to carry out the crime, the full name is the crime of refusal to execute a judgment or ruling."

Fu Anqi recalled what Jiang Bai had instructed her, and continued: "Article 310 of the Criminal Law stipulates that the crime of refusing to execute a judgment or ruling refers to refusing to execute a judgment or ruling made by a people's court when it has the ability to execute it."

"If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine;"

"If the circumstances are particularly serious, the sentence shall be between three and seven years in prison and a fine."

"I took Gao Donglin and his wife to court because of a real estate dispute. In the end, the court ruled that the two should return the house to me, but they refused to return it, and their attitude was very tough."

"I applied to the court for enforcement again, but you also saw it..."

"Oh, yes, this is the verdict."

With that said, Fu Anqi took out the verdict.

"Ah."

Gao Chao took a look, nodded and said, "I understand this situation, you continue to talk."

Fu Anqi said: "There is another crime of embezzlement."

"Article 270 of the Criminal Law stipulates that the crime of embezzlement refers to the illegal possession of other people's property kept on behalf of others, the amount is relatively large, and the act of refusing to return it."

"Sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine;"

"Where the amount is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than two years but not more than five years, and shall also be fined."

"According to relevant laws and regulations, more than 1 yuan is a relatively large amount, and more than 10 yuan is a huge amount."

"The market valuation of my house is around 200 million, and it has been occupied for as long as half a year!"

Fu Anqi's eyes were slightly red, and her heart was full of grievance and anger.

Except for herself, no one knows how she spent the past six months.

Gao Chao sighed, and said in a deep voice: "Miss Fu, don't worry, the facts of this case are clear and the evidence is sufficient. We will definitely handle it impartially and give you justice!"

"However, I want to tell you about a situation. The first two charges you just mentioned, the crime of illegally intruding on the house and the crime of refusal to carry out a crime, will be investigated here."

"But the crime of embezzlement is a crime of personal prosecution, and you need to file a lawsuit in the people's court yourself."

Fu Anqi nodded and said: "I know this, I have already contacted the lawyer, and I will go to the court to sue later."

"That's good, don't worry, no one can take away your house!" Gao Chao said loudly.

"Thank you, Officer Gao."

Fu Anqi quickly thanked her.

Afterwards, Gao Chao called a policeman over to help her complete the reporting process.

After a few minutes.

Fu Anqi took the report receipt and met Jiang Bai and Sister Yun.

The three went straight to the court.

Public prosecution cases shall be prosecuted by the procuratorate.

In private prosecution cases, the victim initiates a private prosecution.

However, this case is a cross case between private prosecution and public prosecution, which creates a conflict.

According to Article 190 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law, if two or more criminal acts committed by the defendant belong to a public prosecution case and a private prosecution case, the people's court may, when trying a public prosecution case, , and private prosecution cases shall be tried together.

At the same time, there are some more detailed explanations:

First, the principle of prioritizing public prosecution procedures should be adhered to for cases with overlapping procedures, and the processing rhythm of private prosecution cases should be attached to the processing rhythm of public prosecution cases.

This is because in most cases, public prosecution cases are much more difficult to obtain evidence than private prosecution cases, and the case-handling cycle is much longer. When the procedures of the two cases overlap and are tried together, private prosecution cases can wait appropriately.

Second, for such cross-procedural cases, on the premise of ensuring the priority of public prosecution, the private prosecutor's right to withdraw and reconcile the private prosecution case and the defendant's counterclaim right in the private prosecution case should be fully guaranteed.

The defendant's procedural benefits cannot be deprived because of the merger of the proceedings.

Third, after the joint trial, the court can make a joint judgment on the public prosecution and the private prosecution, and can also mediate on the private prosecution case separately, but generally cannot make a separate judgment on the private prosecution case, because the purpose of the joint trial is to protect the criminal law. The provision of combined punishment for several crimes has been realized.

simply put,
The crime of embezzlement still requires Angie Fu to file a private prosecution.

The crimes of illegal intrusion into the house, refusal to enforce the law, and obstruction of official duties were transferred to the procuratorate for public prosecution after the investigation by the police was completed.

Then join together.

Now, Fu Anqi is going to the court to file a private criminal prosecution for the case of embezzling real estate!

……

Interrogation room.

"Gao Donglin, have you thought about the attitude you should adopt when facing the interrogation?" Gao Chao sat down on the chair and said calmly.

Gao Donglin's face was full of indifference, and he pouted and said, "I made it very clear, I! Didn't break the law!"

"That's my house, why did they sneak in by picking the lock?"

"I just let the dogs bite people and I counted them lucky. If this is in the beautiful country on the other side, I will have nothing wrong with shooting them to death!"

"If you want me to say, guns should not be banned in our country. If everyone has guns, under mutual restraint, there will be no bullies and hooligans in this society. When the time comes, there will be harmony and peace, how good is it?"

Seeing that Gao Donglin was not only obsessed with obsession, but also ran the train with his mouth full, Gao Chao lost his patience completely, and threw some materials that had just been filed in front of him.

"Take a good look at what this is!"

"Just now the owner of the house came to call the police, accusing you of trespassing on the house, refusing to execute the judgment and ruling, and encroaching on other people's property!"

"In addition to obstructing public affairs and attacking the police..."

Gao Chao slapped the table, stared at Gao Donglin and shouted:
"Gao Donglin, do you know how many years you will be in prison if you are convicted of these crimes?"

"There is a high probability that it will exceed 15 years!"

15 years!
Gao Donglin's pupils shrank suddenly, and cold sweat broke out on his forehead instantly.

He said in a trembling voice, "Gao, Officer Gao, are you kidding me?"

"Are you kidding? Do you want to see where this is? Do you think I'm going to joke with you?" Gao Chao sneered.

He really didn't scare Gao Donglin.

In this case, Gao Donglin was suspected of four crimes, namely: obstructing public affairs, illegally intruding a residence, resisting execution, and embezzling.

Moreover, these four crimes cannot be absorbed by each other, and the sentencing of one felony is not applicable, but the combined punishment of several crimes is applicable!

Among them, the crime of obstructing official business and the crime of illegal intrusion into a residence are both less than three years.

Less than three years if the circumstances are serious, and more than three years but less than seven years if the circumstances are particularly serious.

In this case, Gao Donglin and his wife flouted the law, insulted law enforcement officials, and even let dogs bite people, causing minor injuries to the enforcement officers and the bailiff...

The plot definitely counts as "particularly serious".

If you don't have to run for more than three years and less than seven years, you may even get the honor of top sentence, that is seven years!
As for the crime of embezzlement, the sentencing is linked to the amount.

The larger amount is less than two years, the amount is huge or there are other serious circumstances, that is, more than two years but less than five years.

Based on the value of this property, as long as the crime is convicted, it is likely to reach the maximum sentence of five years.

The four crimes are punished together, and the sentences are superimposed!
Almost between 16 and 18 years.

"Gao Donglin, I advise you to cooperate well with me."

Gao Chao rhythmically knocked on the table, looked straight at Gao Donglin opposite, and said, "You are 42 this year, you really want to go in and squat for more than ten years, and you will reach retirement age when you come out."

"Why, do you really want to spend the rest of your life in that kind of place?"

"Being honest and lenient is your only way out!"

Gao Chao's words hit Gao Donglin's heart like a heavy hammer.

The latter's face suddenly became pale as paper, and his breathing became short of breath.

After struggling for a moment, he swallowed hard and said in a shy voice, "Officer Gao! I, I have something to say."

Gao Chao nodded: "Well, let's talk."

Gao Donglin couldn't wait to say: "First of all, let's talk about the assault on the police. It has nothing to do with me. It is my wife's order to the dog. You can ask the people in those courts about this, and they can all testify!"

"There are other refusals and occupation of the property. These are also my wife's ideas. She told me that if the house is returned, both of us will have to drink the northwest wind. That's why I encouraged me to occupy the house."

"Officer Gao, this... I shouldn't give a heavy sentence, right? I think I was just confused for a while, and I can be forgiven."

Gao Donglin looked at Gao Chao eagerly.

The latter smiled sarcastically and said, "If what you said is true, you may be identified as an accomplice. In this case, you will indeed get a certain degree of reduced sentence."

"Now you can answer whatever I ask, don't hide, let alone lie, understand?"

"Understood, understood." Gao Donglin nodded like a chicken pecking rice.

Once the suspect's psychological defense is breached, the next thing will become much simpler.

Gao Ming launched targeted interrogation.

at the same time.

Interrogation room next door.

"Comrade policeman, wronged, I wronged!"

"All of this was Gao Donglin's idea, and the dog was brought back from a dog farm owner he knew..."

"I told him a long time ago that we can't live in other people's houses and have to give them back. But he disagrees, and insists on hanging on. What can I do as a woman?"

"Comrade policeman, you must be clear about this. I am, at best, an accessory, and Gao Donglin is the principal offender!"

Lin Jia was very emotional.

Facing police interrogation, her psychological defenses collapsed earlier.

then……

Then he began to throw the blame on Gao Donglin desperately.

This couple really vividly interpreted what it means. The husband and wife are originally birds in the same forest, and they fly separately when the disaster is imminent.

When facing punishment, their choices were surprisingly consistent.

They are all throwing the blame at the other party in an attempt to lessen their responsibilities.

Of course, the police will definitely not believe their rhetoric, and will inevitably launch further investigations and evidence collection.

The facts of the crime are finally determined and the chain of evidence is perfected before it is handed over to the procuratorate.

……

the other side.

Yecheng Court, filing center.

"Hey, why are you here again?"

Staff member Li Fang looked at Fu Anqi and the others in front of the window, and asked suspiciously.

Although this position contacts hundreds of people every day, Li Fang still recognizes them at a glance, and they came to file a case some time ago.

I won't say anything about Sister Yun, she is beautiful and big, graceful and graceful, she can be called a stunner.

Fu Anqi's figure and appearance are also excellent in everything.

Such two beauties will leave a deep impression on anyone.

Fu Anqi said: "We came here this time because we have something new to file a lawsuit."

Done.

She turned to look at Lawyer Du, the tool man beside her.

The latter understood, took a step forward, and handed over the relevant evidence and the indictment.

"It's actually... a criminal private prosecution?"

Li Fang opened the indictment and glanced at it, then swallowed immediately.

She has worked in the court case filing center for many years and has been involved in countless cases. The cases that were successfully filed can range from tens of thousands to thousands.

However, most of these cases are civil cases, such as economic disputes, divorce proceedings, copyright disputes and so on.

Cases of private prosecution are rarely encountered.

Li Fang quickly checked carefully.

Looking at it this way, I found that the case was a bit familiar.

If I remember correctly, this is the civil dispute that they filed a lawsuit before, but this time it is no longer a civil lawsuit, but a criminal private prosecution!

Good guy, has the civil case turned into a criminal case?
Can you still play like this...

Li Fang was already quite familiar with this matter, so he quickly finished the review.

Afterwards, she looked up at Fu Anqi and the others and said, "The indictment complies with the norms, and the relevant evidence is complete. The case will be filed!"

"Thank you." Fu Anqi quickly thanked her and smiled.

At this point, the matter is half done.

Next, just wait quietly for the hearing.

Jiang Bai was bored staying alone in Longcheng, so he just took this opportunity to have a good time in Yecheng, appreciate the scenery of Yecheng, and taste the special food here.

What's more, there are two beautiful women, Sister Yun and Fu Anqi, so why not do it?
Jiang Bai here "hugs left and right", travels around mountains and rivers, eats, drinks and has fun, which makes others envious.

As for Gao Donglin and Lin Jia, they were thrown into the detention center after being interrogated round after round.

Both parents of the two are dead, and their relationship with other relatives is very bad. They have not been in touch for many years. The police do not know who to send the criminal detention notice to.

Naturally, no one came to help them apply for bail pending trial.

But in their situation, even if someone pays a deposit, it may not be possible to get it done.

This also means that Gao Donglin and his wife can't even hire a lawyer, they can only apply for legal aid.

……

three days later.

Fu Anqi and Gao Donglin and his wife, who were in the detention center, received court summons at the same time.

The court date has been set, just four days later!

　Thank you enough to watch, not enough to watch, Hobo reward~
　　
　
(End of this chapter)