People's Procuratorate of Chuzhou City, Anhui Province

Criminal appeal review decision

Chujian First Division XSFD [2021] No. Z2

The complainant Anhui * * New Building Materials Co., Ltd., legal representative: Mr. Han.

The complainant, Anhui * * New Building Materials Co., Ltd., disagreed with the decision of the People's Procuratorate of Langya District, Chuzhou City not to sue because of the crime of Cao's forging the company seal, and appealed to the Court for the reasons of requesting public prosecution and ordering the respondent to compensate for losses.

The hospital rechecked and found that:

In 2010, Shan XX, the legal representative and actual controller of Anhui * * New Building Materials Co., Ltd. (hereinafter referred to as * * Company), was sentenced to three years' imprisonment by the People's Court of Nanqiao District, Chuzhou City for the crime of falsely reporting the registered capital. During Shan's sentence, * * company was taken over by creditors such as Wang Moumou, who leased * * company to criminal suspect Cao Moumou in July 2013. Wang Moumou and others did not give the * * company seal to Cao Moumou for use because they were worried that Cao Moumou would use the company seal to cause debt disputes. After renting the * * company, Cao found someone to carve three * * company seals at the individual seal carving place near Fenghuang West Road, Langya District, Chuzhou City in order to carry out production and business activities.

On November 16, 2014, after Shan was released from prison, he announced in the "New Chuzhou Weekly" that all the seals of * * Company before were invalid and new seals were used. On February 11, 2015, Mr. Cao signed a lease contract with Mr. Liang authorized by Mr. Shan to continue leasing * * Company. Because Mr. Liang and Mr. Shan could not cooperate with Mr. Cao in using the seal of * * Company as agreed in the contract, Mr. Cao continued to use his previously private seal of * * Company to sign the contract in the course of business.

On February 24, 2020, after the identification of Chuzhou Public Security Judicial Authentication Center, the seal of Anhui * * New Building Materials Co., Ltd. was stamped on the contract signed between Cao and Chuzhou * * Construction and Installation Engineering Co., Ltd. Quanjiao Branch in the name of * * Company, As well as the seal of * * company seized by the Langya Branch of Chuzhou Public Security Bureau from Cao is not the same as the sample of * * company seal provided by Shan.

On January 17, 2020, Mr. Cao was notified by the public security organ to be present.

After reexamination, the Court found that the complainant Anhui * * New Building Materials Co., Ltd.'s reasons for appeal could not be established.

The Court has decided to uphold the decision of Langya District People's Procuratorate not to prosecute Cao for the crime of forging company seals.

July 1, 2021