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If the criminal case has been opened and the fugitive is caught, will the sentenced person be interrogated

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If the criminal case has been opened and the fugitive is caught, will the sentenced person be interrogated


        

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  • 2024-06-16 18:00:48

    The criminal case has been completed, but now the fugitives are caught, which has no impact on the judgment of the case. The court of the case can make a judgment first according to law, and then make a judgment on the fugitives after the procuratorate indicts them. When necessary, the accused who have been sentenced may be interrogated against the fugitives. In joint crime cases, it is a common phenomenon that some suspects are at large. In order to prevent excessive delay in the trial of the convicted criminal suspects, the judicial authorities usually investigate, prosecute and try the first convicted criminal suspects. This may occur when the accused has been brought to trial, and other joint suspects have also been brought to trial. The joint crime case has certain particularity. In principle, if the fugitive criminal suspect is also brought to justice during the trial of the defendant who is brought to justice first, the case should be tried together. The main consideration is that each accomplice is a person who has experienced the crime and is most familiar with the criminal facts of other accomplices, and his statement is very important to prove the criminal facts of other accomplices. At the same time, there is a direct conflict of interest in the responsibility sharing of joint offenders, and each person may avoid the important and shirk the responsibility when making a statement in order to alleviate the responsibility. In the trial, only by fully listening to the confession and defense of each defendant as far as possible, and combining with other evidence on the case, can we eliminate contradictions, clarify doubts, find out the facts of the case, accurately distinguish the status and role of each defendant in the joint crime, and ensure the quality of the case. However, individual cases are relatively simple, the facts, evidence and the status and role of each defendant are relatively clear, and cases that will not affect the fair trial can be tried separately.

    Legal basis

    Article 195 of the Criminal Law of the People's Republic of China [Crime of fraud by letter of credit] Whoever commits fraud by letter of credit under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:
    (1) Using forged or altered letters of credit or accompanying bills and documents;
    (2) Using an invalid letter of credit;
    (3) Defrauding a letter of credit;
    (4) Defrauding letters of credit by other means.

    To***

    2024-06-16 18:00:48

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