Yushan District, Ma'anshan City, Anhui Province People's Procuratorate

Criminal protest

(Applicable to the second instance procedure)

YJJXK [2022] No. 1

On January 11, 2022, the People's Court of Yushan District Court, Ma'anshan City, Anhui Province with (2021) Wan 0504 Xing Chu No. 227 In the criminal judgment, the defendant Chen Yong was sentenced to eight years and ten months' imprisonment for the crime of illegal business operation, and a fine of 300000 yuan was also imposed; the defendant Ye Changlong was sentenced to six years' imprisonment, and a fine of 200000 yuan was also imposed. On January 19, 2022, the defendants Chen Yong and Ye Changlong lodged an appeal on the grounds of decisive error in the first trial, wrong application of law, and excessive sentencing. After reviewing according to law, the Court believed that the judgment was wrong in finding the facts and improper in applying the law. The reasons are as follows:

1. In the stage of review and prosecution, Ye Changlong and Chen Yong agreed with the procuratorial organ that their behavior was deemed as the crime of illegal business operation. On the basis of their confession and punishment, the Court gave them leniency, put forward the above sentencing suggestions, and signed the Letter of Affirmation of Confession and Punishment in the presence of the defenders. The People's Court of Yushan District, Ma'anshan City made the above judgment after considering the defendants Ye Changlong and Chen Yong pleaded guilty and pleaded guilty to punishment. However, in the absence of new facts and evidence, the two defendants filed an appeal on the grounds of a decisive error in the first instance, an error in the application of the law, and an excessively heavy sentence, which belongs to a plea of not guilty and should not continue to apply the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China.

2. At the stage of examination and prosecution, Ye Changlong reported the fact that someone sold gasoline privately with the van Wan E * * * * near Maanshan East Station. The People's Court of Yushan District, Maanshan City, in the first instance judgment, determined that the above criminal clues provided by Ye Changlong were unsuccessful after investigation by the public security organ, which did not meet the requirements for the establishment of meritorious service. After verification by the Court, Huashan Branch of Ma'anshan Public Security Bureau investigated the clue, and on January 14, 2022, Zhu was put on file for investigation on Zhu's suspected illegal business operation. Zhu was released on bail pending trial. Therefore, Ye Changlong has meritorious circumstances, which belongs to the situation where there is new evidence to prove that the facts identified in the original judgment are indeed wrong, and should be protested according to law.

To sum up, the People's Court of Yushan District People's Court of Maanshan City, Anhui Province (2021) Wan 0504 Xing Chu No. 227 Criminal Judgment is wrong in identifying the facts and applying the law. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

Sincerely

Ma'anshan Intermediate People's Court

Yushan District, Ma'anshan City, Anhui Province People's Procuratorate

two thousand and twenty-two year one month twenty-one day