Wuhu People's Procuratorate

Criminal appeal review decision

Wu Shi Jian Er Bu Xing Shen Fu Jue [2020] No. 1

The complainant is Qi Moumou, male, born on * * *, 1972, ID card number 3402211972 * *, Han nationality, junior high school culture, freelance, now living in 1102, * * Building, Jinghu District, Wuhu City, contact information 1395532 * * *. He is the victim of Wang's contract fraud.

The complainant Qi Moumou refused to accept the YJXBJ [2020] No. 64 decision of non prosecution made by the People's Procuratorate of Yijiang District, Wuhu City, and filed a written appeal to our court on March 30, 2020.

According to the court's reexamination, according to the evidence on the record, the defendant Wang did perform part of the contract with the complainant Qi, returned part of the deposit after the contract could not be performed, and finally repaid all the deposit arrears, so the existing evidence is not enough to prove that Wang had the intention of illegally occupying Qi's deposit subjectively, Does not meet the constitutive requirements of contract fraud. The decision of the People's Procuratorate of Yijiang District on non prosecution (YJXNJ (2020) 64), which was made on the basis that the facts of the case were unclear, the evidence was insufficient, and the conditions for prosecution were not met, identified the facts accurately, applied the law appropriately, and complied with the provisions of Paragraph 4 of Article 175 of the Criminal Procedure Law.

The reason of the complainant Qi is untenable, and the case is now reviewed and closed.  

August 13, 2020