Along with jewelry, cash, and a yellow plastic bag…

2022-07-05 0 By

Early morning theft suspects try to escape from legal sanctions by silence handling the case prosecutors through guiding investigation and their own supplementary investigation will eventually be sent to court……”It was all my fault that I made a mistake and tried to get away with it. I am now fully aware of my crime. Please give me a second chance to make a new one.”Song Mingshan, an appellant in a theft case, shed tears of remorse after receiving a ruling from the second-instance court that upheld the original verdict.Song Mingshan was sentenced to two years and six months in prison and fined 10,000 yuan by the Xinyang Intermediate Court in Henan province for theft.So far, this “zero oral confession” theft case finally dust settled.Early in the morning of May 12, 2021, Wang, who lives in a community in Guangshan County, Henan Province, reported to the police that he had sent his son to school that morning and returned home to find his room had been turned over, and 9,500 yuan in cash and gold jewelry had been missing from the drawer of his bedside table.The police immediately went to the scene for investigation, by taking the surveillance video of the community, preliminary lock a person named Song Mingshan is suspected of committing major crimes.On May 25, 2021, police finally captured the suspect, Song Mingshan, in Huangpi District, Wuhan, Hubei Province.On June 22, the Public security bureau of Guangshan county brought Song to the procuratorate for investigation and arrest on suspicion of theft.Prosecutors found that Mr. Song insisted that he had never been to Henan, that the man in the video surveillance was not him and that he had never committed the theft.From the existing evidence materials, prosecutors believe that the criminal facts of the suspect Song Mingshan are not clear enough, the evidence is not conclusive, suggested that investigators organize to carry out identification work, supplement the identification record.Investigators drove more than 700 miles overnight to the residence of Song Mingshan, organized relevant personnel to identify, through the local village and two committee staff carefully identified, and finally determined that the man in the surveillance video is Song Mingshan.At the same time, investigators provided prosecutors with a self-portrait of Mr. Song, found in a cellphone seized at the time of his arrest, wearing glasses and clothes consistent with those of the man in the surveillance video that day.The pursuit of yellow plastic bags broke through the suspect Song Mingshan has not been to the district after the lie, and how to confirm that he carried out the theft of criminal behavior?The prosecutor in charge of the case further combed the file materials and evidence, found that the file showed That Wang had reported to the public security organ on the second day after the incident, and gold jewelry, cash stolen together, there is a worthless yellow plastic bag.A tip that caught the attention of the prosecutor investigating the plastic bag.Later, prosecutors reviewed the surveillance video again and found that Song was carrying nothing when he entered wang’s residential area, but came out with a yellow plastic bag in his hand.From the appearance, it is almost the same as the plastic bag wang provided to the police.Taking a closer look at the yellow plastic bag, the prosecutor suddenly noticed a QR code printed on it. With the idea of giving it a try, he scanned the QR code with his phone and found it was the private wechat of a clothing store owner.Can the plastic bag involved find valuable evidence from this QR code?The prosecutor decided to supplement the investigation by himself, and immediately contacted the shop owner. He learned that the yellow plastic bags were used by the shop owner when he sold clothes several years ago, and all of them were sold to Wang, who was engaged in clothing business when he closed the shop.After further investigation, prosecutors learned that After Wang took over the yellow plastic bags, he felt that the bags did not match the style of clothing sold in his shop, so he never used them and kept them at home.So Song Mingshan entered the community empty-handed, out of the community carrying a yellow plastic bag, only one possibility, that is stolen from Wang’s home.At this point, handling the case prosecutors think that all clues can form a complete chain of evidence.On June 29, 2021, the Guangshan County Procuratorate approved the arrest of song Mingshan, a criminal suspect, on suspicion of theft.While approving song’s arrest, the prosecutor suggested that investigators further fix and improve evidence on the link between the yellow plastic bag and the suspect, and the link between the selfie photo and Song himself.According to the supplementary investigation outline, investigators carried out careful investigation.After a field visit, the police learned that the plastic bag is the owner’s private custom, not manufacturers of mass production sales, the local clothing street in recent two or three years and no businesses have used similar yellow plastic bags, Wang’s building residents have said that they have not seen this kind of plastic bags.On August 11, 2021, the Public Security Bureau of Guangshan County transferred the case to the Procuratorate of Guangshan County for examination and prosecution.On August 27, The Guangshan County Prosecutor’s Office prosecuted Song Mingshan on suspicion of theft, and put forward recommendations to determine the sentencing of Song Mingshan’s refusal to plead guilty.Considering that yellow plastic bags were used for a period of time in the local clothing market a few years ago, there is a possibility that the defendant song Myeong-san used used plastic bags.On September 24, 2021, the court heard the case, the defendant Song Mingshan’s defense lawyer argued that.”The statements of the owner of the customized plastic bags and wang, the victim of the case, can corroborate each other, confirming that the plastic bags stopped being used a few years ago, and Song mingshan testified in court that he had never been to Henan Province, so how could Song Mingshan carry a handbag printed with the store owner’s wechat QR code?”The prosecutor retorted.”We found that Song mingshan did not carry a plastic bag when he entered the residential area, so he could only take the plastic bag after arriving at the building.””Based on the above evidence, the defendant found the yellow plastic bag in Wang’s home for the convenience of carrying and hiding the stolen items,” the prosecutor added.”Presiding judge, the defendant Song Mingshan passively admitted his guilt in the face of a large amount of evidence from the public prosecution, trying to cheat the law into leniency. It is suggested that the court recognize all the facts of the crime and the amount of theft charged by the prosecution, and impose a strict trial.”The prosecutor stated in his statement.After the trial, October 26, 2021, Guangshan County court made a first-instance judgment, that the facts of the crime charged by the procuratorial organ are clear, evidence is indeed sufficient, sentencing recommendations appropriate, according to the law, song Mingshan was sentenced to two years and six months in prison, and fined 10,000 yuan.Song Mingshan refused to accept the verdict of the first instance and lodged an appeal.On November 22, 2021, xinyang Intermediate Court held that the first trial was decisive and accurate, the sentencing was appropriate, and the original judgment was upheld in accordance with the law.(Hu Chuanren and Wu Cui, Procuratorial Daily)