The former director of the department of Yangzhou, Marja Hui, interpreted the evidence of the third-level court to subvert the general perception of the public.

For the guilty sentence of Mara, it is not the sadness of one of them, but the rethinking of the word "justice recognition".

Writing in Kyoto.

The criminal case for the violation of citizen’s personal information, which has already been seized, has almost expired the legal remedy. The criminal complaint to the Supreme Court of Appeal has continued, or the criminal prosecutor’s supervision has been requested to the Jilin Provincial Prosecutor’s Office, and the provincial prosecutor’s office has filed the Supreme Prosecutor’s complaint, which has become the last rescue for Jilin and his family who have served three years in prison.

The police officer of the North Lake Department of Public Security Department of the new district of the former Yunnan city of Yunnan. The police officer with a graduate education, but failed to apply his professional legal knowledge to safeguard his legitimate rights and interests. This is not the sadness of one, but rises to the re-examination of the word "judicial recognition".

In the first instance, the judge of the district court sentenced the citizen to six years in prison for violating the personal information of the citizen, and to a penalty of 100,000 yuan. The court of Yunnan, Jilin Province High Court, both made a decision and rejected its application for re-examination. The court independently exercises the power of judgment, which is the law of "governing the country" and no one has the right to comment on the outcome of the judgment. But the already seized case of the citizen's personal information violation, if the facts and the legal basis in the case are revised, it is sufficient to refresh the existing knowledge of many legal persons.

The so-called “guilty” confession at the investigation stage

The "turning point" of Marja's life began with his promotion from the deputy director of the Silicon Valley Street Department of the New District Public Security Branch to the head of the North Lake Department, and this was precisely the beginning of his "disaster".

After Makai was transferred to the head of the North Lake Mission in May 2022, he had a unique privilege, the "security digital certificate."According to the regulations, any civil police or auxiliary police assistance case in the mission must be used by the head of the public security digital certificate, and the relevant personal information can be consulted.In general, all cases personnel are consulted with this public security digital certificate.

As early as 2018, while traveling to Macao, Margao met a man named Li Jingmin, and the two remained in contact.

At the end of August 2022, Li Qingmin contacted Mr. Makai and asked if Mr. Makai intended to "play" during the World Cup (i.e., gambling), Mr. Makai said he did not participate this year.

In the end of September, Liuwei told Liuwei that he had played with Liuwei for a while, won tens of thousands of dollars, and asked if Liuwei had a bank card in Guangzhou, so that the account could be paid for.

With Li Ruiwei participating in the game of hundreds of houses, there is also a high police officer at the Silicon Valley Street department. The money won by Li is also flowed through Li Mouchee's bank card account. As the director of the North Lake department at the time, Li Ruiwei is aware of Li Ruiwei and the money involved in the gambling sector income, still contacted his cousin Li Mouchee, using Li Mouchee's bank card for transfer, which is undoubtedly a violation of discipline.

Due to Li Ryewar and his high-powered gambling behavior, the department introduced Li Jingmin to them through Margao, and as the head of the North Lake Department at the time, Margao acknowledged that he did not have a job.

“The case” was filed on November 16,

1. On the evening of the same day, Cao Cao was taken away by the four major teams of the police team of the Public Security Bureau of Yangzhou City. Two days later, on November 18, Mao and Li were also taken away from the investigation, suspected of infringing on citizens’ personal information. Mao, Mao, Li and Cao were taken into custody at the same time on the evening of November
2. Among them, Mao was investigated for more than 36 hours, Mao and Li were investigated for more than 24 hours.

After the case, Li Ryewar, High Strength confessed that the two of them have jointly established a group with Majao, Li Jingmin in 68 chat software. Li Jingmin will need to query the bank card number screenshot sent to the group, Li Ryewar through Majao's public security digital certificate (October 2022 has the query authority) for query, High Strength through the Silicon Valley Street sent director Zhang Jingmin's digital public security certificate for query. High Strength will click on the information required by Li Jingmin to query "full query", then select the bank card stop, freeze and other options, the information copy will be glued to the desktop Excel table, and then use the phone photo to the group, each information sold profit 100 yuan.

Although Li Ryewar and Cao Jing both claimed that Mara was involved during the interrogation and indicated that they sold bank card information to Li Jingmin, Mara has vaguely denied this, claiming that they only knew about gambling.

210,000 “illegal profits” without source water

Eight months later, on July 12, 2023, the open district prosecutor's office approved the arrest of the three persons. On August 1, the same year, the open district prosecutor's office filed a lawsuit against the three suspects of infringing on citizens' personal information in the open district court.

During the review of the prosecution phase, Cao Cao and Li Riawar both confessed, saying that they suffered the investigation stage of overtime detention. Cao Cao said that he was not only beaten, and there were four people drag him into the toilet, reverse "interrogation", about gambling he did not want to mention, but under the compulsory confession of the case officers, the party confessed to the profit of over 90,000 Yuan Qing gave Li Riawar to sell the information for inquiries.

Liu Xiaobo said his confession was not true during the investigation phase. Liu Xiaobo repeatedly asked him on 68 software, helped to inquire about bank card information related to telecommunications fraud, and were rejected. Later he won so much money (about 100,000 yuan), embarrassed to reject the other, so while Mr. Qiang was not in the office, in Mr. Qiang's office, Mr. Qiang used Mr. Qiang's digital security certificate to help inquire several times, a total of three to five. Mr. Qiang was unaware of this.

The prosecution of the District Prosecutor's Office: Li Jingmin contacted Margao, intended to use his identity as the public security police to illegally obtain the bank card suspension, freeze information, and promise to him that every sale of a bank card information in question can profit 200 yuan. Margao then found high, Li Ruiwei explained this matter, the three people reached an agreement, decided to sign up to the national fraud big data platform for information consultation facility, to Lee Jingmin to sell the bank card information in question to gain profits. Li Jingmin daily in the group to publish the case-related bank card accounts, high and Li Ruiwei under the command of Margao, registered the national fraud big data platform survey account involving the stop, freeze information, and then will inquire the results to the

During the period from October 6 to November 12, 2022, Qiang used the digital public security certificate of Zhang Yonglong, head of the Silicon Valley Expedition Office, to inquire about more than 1,100 information on Li Jingmin's bank card and freeze the information involved in the case; Li Ruiwei used the digital public security certificate of Mara, to inquire about more than 1,300 information on Li Jingmin's bank card and freeze the information involved in the case.

After the open district prosecutor's office ultimately accused Macao, Hokkaidō, and Li Riawar of unlawful profits totaling 20.53 million yuan, of which Macao was divided into 50 million yuan, Hokkaidō was divided into 9.53 million yuan, and Li Riawar was divided into 60 million yuan.

He insisted that he was neither involved in gambling nor in the sale of bank card stop payments and freezing information, the so-called "50,000" belonged to the borrowed funds of the North Lake Treasury. Prosecutor's office received the "guilty" confession called by High Strength, Lee Ryward in the investigation phase, and did not accept the claim that all of the amounts he submitted later were gambling profits.

After the open district court obtained the "guilty" confession of Cao Cao, Li Weiwei in the investigation phase, Cao Cao sold information "more than 1,100 articles", Li Weiwei sold information "more than 1,300 articles", and no 68 software chat records as proof, and has not been certified by Li Jingmin.

In addition, the two accusations of selling more than 2,400 bank card information to Li Jingmin, basically "indicated" that the sale of citizens' personal information gained 21.63.

More questionable is that since the sale of 2,400 bank card information to Li Jingmin, but the transfer of more than 21,63 million yuan "illegal profits" into Li Jingmin's bank card, is not from Li Jingmin's home, but another person. Since Li Jingmin has been escaping until the case, the investigation agency failed to find out the source of the funds, the public prosecution agency has been found to be illegal profits from the sale of bank card information.

Since the translator is not Li Jingmin, it is truly demonstrated that the amount is not illegal profits from the sale of bank cards, and the assertion of the high, Li Ryeworth mentioned gambling profits is objective.

The two most "bright" judgments of the second instance

After the open district court denied objective evidence (no source transfer), on the basis of the "guilty" confession of High Strength, Li Ryewar in the investigation stage, and the synchronous video recording of the clips, through the transfer of more than 21.63 million yuan to speculate, the conclusion was drawn that the master plan, High Strength and Li Ryewar trafficking bank card information "is about" 2,400 articles.

On December 11, 2023, the open district court sentenced Machiavelli to six years in prison for the crime of violating the personal information of citizens, and to a fine of 100,000 yuan. With the same offence, he was sentenced to five years in prison, and he was sentenced to 80,000 yuan and 60,000 yuan. Machiavelli, Machiavelli, Machiavelli, and Machiavelli were not subject to the judgment, and appealed to the Chinese court according to law.

If the judgment of the open district court is only a real copy of the "confusing monastic confusion case", it can only be laughed at "confirming the facts unclear and applying the wrong law."

But during the second trial of the Chinese court, the confirmation of two facts will not only subvert the perception of the legal community, but will probably refresh the "Guinness Record" in the field of evidence recognition.

After the new construction of the North Lake Division, Mr. Makai took office as the head of the company, the daily expenses of the company were paid by his own person in advance, due to the reimbursement to the public security department of the new district. When he learned of the profits of Li Riva gambling, he continued to borrow 50,000 yuan from him for the daily expenses of the Division. During the opening of the first trial of the District Court, North Lake Division issued written evidence to prove the 50,000 yuan loan item of the Division Division.

It turns out that the behavior of Macao borrowed 50,000 yuan from Li Ruwa is an objective fact. On August 18, 2023, the North Lake Expedition Department returned 50,000 yuan to the family of Macao. The "Receipt" issued by her family reads: "Now receiving the North Lake Expedition Department, Macao paid the living costs of 50,000 yuan (USD) during the time of the head of the North Lake Expedition Department."North Lake Expedition Department not only signed the "Situation" on the "Receipt", but also revealed to the family of Macao: About this loan, the leaders of the New District Public Security Department are aware.

After the opening district court did not directly adopt the written evidence of the North Lake provider, even the fact of "returning 50,000" was ignored, and the decision was made that the 50,000 was "illegal income".

The judgment of the Chongqing Central Court on the leadership of the case agency on the execution of the sentencing information for the forced confession of Maharaja is even more bizarre.The case passed, on November 18, 2022, at 18:30, Maharaja was taken away by three civilian police officers from the Chongqing Municipal Public Security Bureau while working at the North Lake station.

In the evening (November 18th) at 22:41 pm, Margao's father-in-law Shen Myoong (pensioned old police officer), received an internal public security phone call from the head of the police station of the town police station of the town of Yangzhou, which lasted 6 minutes and 33 seconds. In the phone, he said: "No, the big brother (Shen Myoong), I said, it was us, I just said to the child (Myoong), I said, child, I could beat you a few days again, I said I beat you for my brother (Shen Myoong) and your mother pushed you, I hated the iron and didn't become steel, the second, I said your mother's, our family lacked money?

She said, “No, no one hit him, I just smoked him a few fists.”

Hence, it can be seen that the words of the常健, although there is no preference to drink after drinking, but their acknowledgment that Margao smoked "several palms", was very clearly expressed.

During the trial, when the defense officer of Maharaja presented the video recording evidence, the four teams of the police unit issued a written certificate, stating that Zhang arrived at the scene on November 18, 2022, at 23:00, and that the video of the monitoring of the case center had been covered. But when the defense officer showed the record of the time of the call between Zhang and Sheng at "22:41" the court admitted the objective facts of Zhang, but did not provide any explanation for the false evidence of the case authority.

For the objective facts that have been proven to have been well-suited to the "several hands" of Mariah, the second-instance judgment of the court of Yongzhou is indeed "first-ever": "The contents of the call can not prove that Mariah has carried out a criminal confession against Mariah, the purpose of Mariah is not a criminal confession, and its intensity has not reached the unbearable pain that made Mariah suffer and against the will to make a confession.

According to the determination logic of the Chinese court, the case agency can beaten the suspect at will, as long as it does not injure, injure or kill, its intensity has not reached "intolerable pain", and is not recognized as a compulsory confession.

The provincial high school is “sorry” to advance

Since the establishment of the facts was based on the above logic, the long-term final judgment of "rejecting the appeal andining the original judgment" is also expected.

After receiving the final judgment of the Yongchun Central Court on April 11, 2024, the defense lawyer carried out a thorough review. According to the inspection report and the case description issued by the investigation agency, the data identified in the case (more than 1300 articles) were not recovered in Li Ryeworth's computer, the data of 46 Excel worksheets were recovered only on the high-powered computer, the evidence was also formally annexed.

From this it can be seen, the sale of 2,400 bank card information claims, the case agency based on 21.63 million yuan gambling speculation, can actually identify only 46 of the high-strength computers.

Makai did not comply with the first-instance judgment of the open district court and the final judgment of the Jilin High Court, and continued to file a complaint with the Jilin High Court. After the materials were received by the Jilin High Court, even the hearing was not held, and it was possible to reject it directly on December 28, 2024.

In this rejection ruling from the Jilin Provincial High School, the assertion about whether Zhang constituted a criminal confession is still the biggest "light" point.

The judgment concluded that: "Junjiang is not the investigator of the case, and in the call clearly stated that no one else has struck Macao, his sacrifice to Macao is based on regret for Macao's violation of the law, so the evidence is insufficient to prove that Macao was forced to confess and to make a confession against his will."

The determination logic of "non-present case investigators" is that the police brigade of the Public Security Bureau of Yangtze and the four brigades of the police brigade of the case unit are not the same unit, nor are the relationships of the upper and lower levels.

After the open district court as a grass-roots court, the "identification of facts and errors" can still be understood, but the district, municipal and provincial three-level courts' determination of the facts are all subverting the general awareness of the public, probably in the civilian statement that "the rule of law is not the customs."

According to the dean found the original judgment mistake, can be submitted to the trial committee after review and re-examination of the provisions, the Jilin Provincial High House has full power to correct the mistake itself, but this "proactive correction" mechanism, in this case does not appear to be included in the agenda, hopefully still sent to the Supreme Court and the Supreme Inspectorate.