Wuhu Jinghu District People's Procuratorate

Non prosecution decision

JJSXBZ [2020] No. 131

The non indicted person, Zhou Moumou, male, born on * * *, 1995, with resident ID card number 3426011995 *************, Han nationality, junior high school culture, operates Wenzhu Digital Store, whose registered permanent residence is Room * *, * * Commercial and Residential Building * *, * * Road, Chaohu City, Hefei City, Anhui Province, and now lives in Room * *, * * Building * *, Yijiang District, Wuhu City, Anhui Province. On August 30, 2019, Zhou Moumou, the non indicted person, was taken compulsory measures by the Jinghu Branch of Wuhu Public Security Bureau to obtain a guarantor pending trial because he was suspected of hiding his crime.

The case was investigated and concluded by the Jinghu Branch of Wuhu Public Security Bureau. On December 4, 2019, the person who was not prosecuted, Zhou, was suspected of covering up and concealing the crime, and was transferred to our court for review and prosecution. The Court returned the case to the public security organ for supplementary investigation on January 16 and March 30, 2020, and the public security organ made supplementary investigation and re report on February 15 and April 24, 2020 respectively. The Court extended the time limit for review and prosecution by 15 days on December 30, 2019 and March 13, 2020

After legal review, it is found that:

At about 11:00 on August 4, 2019, the non indicted person Zhou recovered a gold necklace of Yayi brand stolen by the thief Yu Weimin from the wardrobe in the bedroom on the first floor of Wang Zhaobao's house, No. 1, Fangjia Village Village Committee, Fangcun Street, Jinghu District, Wuhu City. According to the appraisal of Wuhu Price Certification Center, the gold necklace recovered by Zhou, the person not prosecuted, was worth 9882 yuan. On November 5, 2019, Zhou Moumou, the non indicted person, took the initiative to compensate the victim's losses and obtained the victim's understanding.

After examination and the second return for supplementary investigation, the Court believed that the evidence in this case could not corroborate each other at present, the evidence could not form a complete chain, and it could not be determined that the person not prosecuted, Zhou, knew it was the proceeds of crime when recovering the gold necklace. The evidence of the crime committed by Zhou Moumou, the non indicted person identified by the public security organ, to cover up and conceal the crime is insufficient, which does not meet the conditions for prosecution. In accordance with Paragraph 4 of Article 175 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Zhou.

If the person who is not prosecuted does not accept this decision, he may appeal to this court within seven days after receiving this decision.

If the victim refuses to accept this decision, he may appeal to the Wuhu People's Procuratorate for public prosecution within seven days after receiving this decision; You can also directly file a private prosecution to the Jinghu District People's Court without appealing.

May 15, 2020_