People's Procuratorate of Jiujiang District, Wuhu City, Anhui Province

　　 Criminal protest

　　 Jiu Xian Xing Resist [ two thousand and fourteen 〕 one number

　　 Wuhu Jiujiang District People's Court（ two thousand and fourteen ）Jiu Xing Yi Chu Zi Di 00048 The defendant Yao Gang, Shang Ping and Cheng Bin were sentenced to three years and five months' imprisonment and a fine of RMB in the criminal judgment No fifty thousand Yuan; The defendant Shang Ping was sentenced to one year and eight months' imprisonment and a fine of RMB fifteen thousand Yuan; The defendant, Cheng Bin, committed the crime of fraud and was sentenced to one year and seven months' imprisonment and a fine of RMB fifteen thousand Yuan. After examination in accordance with the law, the Court believes that the judgment is wrong, and the reasons are as follows:

　　 1、 The first instance verdict found that the defendant Yao Gang surrendered himself, which was a mistake in applying the law.

　　 The first paragraph of Article 67 of the Criminal Law of the People's Republic of China stipulates that voluntary surrender is defined as voluntary surrender when one voluntarily surrenders after committing a crime and truthfully confesses his crime. In this case, the police of Sifushan Police Station of Wuhu Public Security Bureau called the defendant Yao Gang to accept the inquiry because of the theft of lubricating oil of Wuhu Power Generation Co., Ltd. The defendant Yao Gang provided clues to the public security organ and assisted the public security organ in arresting a suspect suspected of concealing criminal gains. During the interrogation, the defendant Yao Gang did not take the initiative to explain the criminal facts of his suspected fraud. A victim reported that the defendant Yao Gang had cheated on him. On the same day, the Criminal Police Brigade of the Jiujiang Branch of Wuhu Public Security Bureau was also looking for the defendant Yao Gang. Knowing that the defendant was at the Sifushan Police Station, they went to the Sifushan Police Station of Wuhu Public Security Bureau to capture the defendant Yao Gang and interrogate him about the crime of fraud. It can be seen that the defendant Yao Gang was captured by the police of the Criminal Police Brigade of the Jiujiang Branch of Wuhu Public Security Bureau, and he did not voluntarily and directly surrender to the public security organ, so it cannot be determined that the defendant Yao Gang surrendered himself.

　　 Therefore, the People's Court of Jiujiang District, Wuhu City found that Yao Gang surrendered voluntarily, which was obviously a legal error.

　　 2、 In the first instance, Yao Gang, the defendant, was given a very light sentence.

　　 Although the defendant Yao Gang has performed meritorious service, he may be given a lighter or mitigated punishment according to the provisions of the first paragraph of Article 68 of the Criminal Law of the People's Republic of China. However, in this case, the defendant Yao Gang was involved in nineteen 10000 yuan, which is far more than the amount of fraud five The starting point of ten thousand yuan. At the same time, Yao Gang played a major role in bringing up the criminal intent of the fraud crime, planning the behavior, and distributing the stolen money. He was the principal criminal and did not withdraw from the stolen money. In combination with the above circumstances, the sentencing of the defendant Yao Gang should also be within the range of five to six years of fixed-term imprisonment, while the first instance verdict only sentenced the defendant Yao Gang to three years and five months of fixed-term imprisonment and a fine fifty thousand Yuan, which belongs to the light sentence.

　　 To sum up, the Court believes that the first instance judgment is wrong in applying the law and the sentencing is extremely light. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 217 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

　　 Sincerely

　　 Wuhu Intermediate People's Court of Anhui Province

　　 People's Procuratorate of Jiujiang District, Wuhu City, Anhui Province

　　 two thousand and fourteen year three month eighteen day

　　 Attachment:

　　 one The defendant Yao Gang is now in custody in Wuhu Detention Center.

　　 two A statement of the situation of Sifushan Police Station of Wuhu Public Security Bureau and a statement of the situation of the Criminal Police Brigade of Jiujiang Branch of Wuhu Public Security Bureau.