Criminal appeal review decision

Wu Shi Jian Er Bu Xing Shen Fu Jue [2019] No. 3

The complainant * * Co., Ltd., organization code * * 46569H, is located at No. * * Road * *, Wuhu Economic and Technological Development Zone, Anhui Province, and the legal representative is Mr. Li.

The person who was not prosecuted in the original case, Yang Moumou, male, born on * * *, 1988, with a citizen ID number of 3405211988 ********************, Han nationality, college education, now lives in Room * *, * * Building * *, * * Garden, * * Town, Dangtu County, Ma'anshan City, and was the legal representative of * * Chemical Trade Co., Ltd. in Ma'anshan City before the crime.

The person who was not prosecuted in the original case is Xu Moumou, male, born on * * *, 1993, with a citizenship number of 3405211993 ***************, a Han nationality, who has junior high school education, now lives in * * Village * *, * * Village * * Township, Dangtu County, and was a staff member of * * Chemical Trade Co., Ltd. in Ma'anshan City before the crime.

The person who was not prosecuted in the original case, Mr. Lv, was born on * * *, 1989, with a citizenship number of 340521989 *****************, a Han nationality, with secondary technical school education, and now lives at * * Road * *, * * Town, Dangtu County. He was a staff member of * * Chemical Trade Co., Ltd. in Ma'anshan City before the crime.

The person not prosecuted in the original case, Qi Moumou, male, born on * * *, 1973, ID number 22232419730 **************, Han nationality, primary school education level, now lives in * * Building * * Room, the municipal district of Maanshan City, whose registered permanent residence is in * * Village, * * Village, * * Township, Qianguoerluo Mongolian Autonomous County, Jilin Province, and who was a driver of dangerous * * transportation vehicles before the case.

The person who was not prosecuted in the original case, Wu Moumou, male, born on * * *, 1971, with a citizenship number of 3405211971 ****************, Han nationality, junior high school education, now lives at * * Village * *, * * Village * *, * * Town, Dangtu County, and was a driver of dangerous * * transport vehicles before the issue.

The complainant * * Co., Ltd. appealed to our court against the Wujing KJXBJ [2019] No. 1-5 Non prosecution Decision made by the Procuratorate of Wuhu Economic and Technological Development Zone. The reason for appeal is that on July 6, 2018, the complainant reported to the Economic and Technological Development Zone Branch of Wuhu Public Security Bureau the case of Ma'anshan * * Chemical Trade Co., Ltd., Yang, Xu, Qi, Lv and Wu on suspicion of producing and selling fake and inferior products and fraud. After the case was filed and investigated by the Economic and Technological Development Zone Branch of Wuhu Public Security Bureau, Apply to the People's Procuratorate of Wuhu Economic and Technological Development Zone for approval of arrest. The People's Procuratorate of Wuhu Economic and Technological Development Zone decided to arrest Yang, Xu, Qi, Lv and Wu for the crime of producing and selling fake and inferior products. However, the People's Procuratorate of Wuhu Economic and Technological Development Zone decided not to prosecute Yang and other five people on the grounds of insufficient evidence of fraud. The complainant believed that the People's Procuratorate of Wuhu Economic and Technological Development Zone denied the charge of approving the arrest with insufficient evidence of fraud, and did not evaluate whether the case constituted the crime of producing and selling fake and inferior products in the letter of decision not to prosecute. The People's Procuratorate of Wuhu Economic and Technological Development Zone decided not to prosecute, which was seriously illegal and should be corrected.

The Court found out through reexamination that the respondent Yang established Ma'anshan * * Chemical Trade Co., Ltd. to sell ammonia, and employed Xu as the company's dispatcher, Lv as the dispatcher, Qi and Wu as ammonia transport drivers. He mainly purchased ammonia from * * Industry and other companies and sold it to * * and other enterprises. The defendant, Yang, instructed Xu, Lv, and others to prepare ammonia water with the concentration agreed in the * * contract in advance before each delivery, bottle and bind it to the roof. When entering the factory, he instructed Qi, Wu Wenqing, and others to climb on the roof of the car to take samples and actually take out the prepared ammonia samples for inspection, resulting in each batch of ammonia water delivered regardless of the actual concentration, All of them can pass the incoming inspection of * *. Mr. Yang, Mr. Xu, Mr. Lv, Mr. Qi and Mr. Wu all admitted that * * Company had the behavior of adding tap water and other concentrations of ammonia into the purchased ammonia water by itself in the process of supplying ammonia water to * *.

The evidence for ascertaining the above facts shall be proved by documentary evidence, inquest, record of testimony, expert opinion, electronic data, confession and defense of the person not prosecuted, testimony of witnesses and statements of victims.

The Court believes that under the existing evidence on the case, it is appropriate for the People's Procuratorate of Wuhu Economic and Technological Development Zone to make a decision not to prosecute if there is any doubt in accordance with the provisions of Paragraph 4 of Article 175 of the Criminal Procedure Law of the People's Republic of China. At the same time, after the decision not to prosecute was made, the municipal and district procuratorial organs attached great importance to the case, pointed out a number of opinions on supplementary investigation and evidence collection to the investigation organ, and actively guided and urged the investigation organ to continue to increase investigation efforts to obtain new evidence to strengthen the existing evidence. At present, Yang Moumou and others have been re executed criminal detention coercive measures.

The court has decided to maintain the Wujing Kaijian Criminal Non prosecution [2019] No. 1-5 Non prosecution Decision made by the People's Procuratorate of Wuhu Economic and Technological Development Zone in accordance with the provisions of Article 40 (1) of the Provisions of the People's Procuratorate on Reviewing Criminal Appeal Cases.

September 27, 2019