Demonstration paper on criminal case appeal 1
Criminal appeal
Appellant (defendant in the original trial): Liu, male, Han nationality, 38 years old, ID number:, junior high school education, from Kaifeng City, Henan Province, and now lives in BuildingNo.. Street compound in Kaifeng City, Henan Province.
The appellant refused to accept the No.1 criminal judgment of yongcheng city People's Court (2009) and filed an appeal on suspicion of contract fraud.
Appeal request
1. The criminal judgment of yongcheng city People's Court (2009) No.1 of Forever Punishment was revoked.
2. Changing the defendant's sentence does not constitute a crime and will not bear criminal responsibility.
Facts and reasons
The appellant's position in this case determines that the appellant has no way of knowing that Henan Culture Investment Co., Ltd. (hereinafter referred to as Culture Company) is unable to perform the contract.
The cultural company was established for the first defendant in this case. When the company was established, the appellant did not know all kinds of materials submitted by Ding to the industrial and commercial registration department and the establishment process of the company.
At first, the appellant was just Ding's driver, and later he was sent to Zhengzhou Branch as the deputy manager. According to Ding's instructions, he is engaged in some specific affairs, including various matters concerning the external bidding of cultural companies. The appellant didn't know, so he didn't have a chance to understand the capital operation of the cultural company.
Moreover, the appellant has never been engaged in project investment, and his education level is low, so it is impossible to judge whether the cultural company invests in the project.
However, the People's Court of yongcheng city (2009) ruled by Yongzi. In fact, it is wrong to conclude that the appellant introduced the victim's construction enterprise to sign a construction contract while knowing that the defendant was unable to perform.
Two, the appellant has no subjective purpose of illegal possession, and objectively has no possession of the money of the construction enterprise.
Although the appellant introduced the two companies to sign contracts with cultural companies, the contract performance payments received by the two companies were paid to Ding himself or remitted to the account designated by Ding according to Ding's instructions.
Up to now, the appellant has paid more than 60,000 yuan (the evidence has been submitted to the court) to the cultural company, which has not been settled.
Objectively speaking, the appellant himself is also the victim of this case, and there is no such thing as money possession of the injured enterprise, let alone subjective possession.
To sum up, yongcheng city People's Court (2009) ruled that Zi Chu's case was unclear and the applicable law was wrong. We implore the court of second instance to give the appellant a fair judgment based on the working attitude of seeking truth from facts, being serious and responsible, and investigating any mistakes.
I am here to convey
Shangqiu intermediate people's court
Appellant: Liu.
Attorney: Chen Kui.
20xx165438+1October 27th
Criminal appeal 2
Appellant: Ren XX, male, 19XX, born on September 20th, Han nationality, account number. No. XX Road, XX District, Guangdong Province.
The appellant refused to accept the criminal judgment of the XX District People's Court (20 12) No.312 for the case of fraud, and now appeals.
Appeal request:
It is requested to cancel the criminal judgment (20 12) No.312 issued by the People's Court of XX District, XX City, and declare the appellant innocent.
Reasons for appeal:
First, the reason for the first-instance judgment is completely presumption of guilt, and the evidence of the appellant's fraud is inaccurate and insufficient.
Judging from the indictment of the XX District People's Court, the court prosecuted the appellant for alleged bill fraud. During the first trial of this case, the appellant's defender pointed out that the appellant did not know that the bills involved were altered bills.
This view has also been recognized by the court of first instance, that is, the appellant subjectively did not know that the 4.5 million yuan acceptance bill provided by the fugitive in XX was altered, so it did not constitute the crime of bill fraud.
The appellant believes that the court of first instance did not find the appellant guilty of bill fraud, but ordinary fraud, and the judgment conclusion of the court of first instance is obviously contradictory to his own point of view, which is a typical presumption of guilt.
1. The appellant has no intention of fraud subjectively.
According to the criminal law, the crime of fraud must refer to making up facts or concealing the truth for the purpose of illegal possession, and defrauding property.
In the judgment, the court of first instance held that the appellant concealed the fact that Guangxi Guozhengyuan Water Co., Ltd. had no business dealings and was a shell company. However, it provided the company's seal to endorse the commercial acceptance bill provided by XX, so it was an act of concealing the truth.
The appellant thinks that the court of first instance is really? If you want to add a crime, why not stop here? ! As we all know, there are many companies in the market that have no actual business. Guangxi guozhengyuan water co., ltd. has not been cancelled. In the absence of a real transaction between the company and Zhuzhou Fuercheng Chemical Co., Ltd., endorsement of acceptance bills does not constitute a crime, but is an act that does not conform to the bill law. Companies that endorse each other are suspected of committing crimes if they want to be held accountable.
Obviously, this is not true at all.
2. If the appellant does not constitute the crime of bill fraud, it is impossible to constitute the crime of fraud.
In the crimes accused by the appellant and other fraud crimes, if you want to defraud other people's property, you must take certain fraud means to hide the truth. In this case, if it is determined that the appellant constitutes fraud, it is not based on whether Guangxi Guozhengyuan Water Co., Ltd. actually operates its business, because the victim Xiangtan Daxing Company paid 4.4 million yuan to Zhuzhou Fuercheng Chemical Co., Ltd. for the above reasons, but on the premise of buying an acceptance bill.
Then, whether the acceptance bill involved is true or not and whether it conceals the fact that the bill has been altered is the prerequisite for determining whether the appellant has the subjective intention of fraud.
Since the court of first instance found that the appellant did not conceal the subjective and intentional circumstances of the acceptance bill, it was considered fraud, which could not be justified at all.
3. The court of first instance obviously took the appellant's confession out of context, and did not conduct a comprehensive review of all the confessions.
First of all, the investigation organ arraigned the appellant for the first time on February 12, 2065438. According to the content on page 4 of the confession, the appellant and Yu XX met in March and April of 201/kloc-0, and Yu XX claimed to have a pharmaceutical company in Beijing. At that time, the appellant asked XX if his company could issue a bank acceptance bill. So the appellant asked him to draw a bank acceptance bill, and the appellant paid the handling fee 13%? According to the appellant's confession, it is not difficult to find that the appellant and Yu XX never had a premeditated plan to alter the bank acceptance bill beforehand.
Secondly, from the second page of the fifth arraignment statement of the investigation organ to the appellant on March 6, 20 12: Q: Do you know the origin of the acceptance bill bought in XX? Do you know the authenticity of the acceptance bill? A: I didn't consider the authenticity of the acceptance bill. Yu XX only told me that the information of this bank acceptance bill can be inquired by banks all over the country, and the information is true.
Therefore, the appellant subjectively did not know that the bill involved was an altered acceptance bill.
Why did XX get the acceptance bill of 4.5 million at the price of 600,000? This is the key point of the appellant's alleged crime in this case.
The appellant thought that the acceptance bill of 4.5 million yuan could not be obtained at the cost of 600,000 yuan in the first instance, thus inferring that the bill was knowingly altered.
There are many possibilities for 600,000 to 4.5 million acceptance bills.
The appellant always thought that he borrowed money from the bank on XX to pay for the loan, and never thought that the bill verified by the bank was fake.
4. Judging from the statements of Yan XX, Song XX, Zhu XX, Peng XX and Qi XX, it is impossible for the appellant to know that the bills involved are altered bills of exchange.
On the second page of the transcript of the first inquiry, Yan XX stated: Our financial staff specially went to the bank to check this acceptance bill and confirmed it to be true; Song XX wrote on the second page of the transcript of the first inquiry: Zhu XX promised at that time that he had checked the authenticity of the draft in the bank to ensure that it was a genuine ticket.
Zhu XX wrote on the second page of the transcript of the first inquiry: My former friend Wen XX came to me with Ren XX and an acceptance bill? Check the face value of this acceptance bill through the bank to confirm that the sealed acceptance bill really exists? ;
Peng XX wrote on the second page of the transcript of the first inquiry: After dinner, Qi XX Kai and Zhang XX went to the bank to solemnly accept the authenticity of the draft? Later, Zhang XX told me that the bank check for this acceptance bill was true.
Qi XX wrote on the second page of the inquiry record that the staff of XX told us that this acceptance bill was true.
So many witness testimonies have confirmed the authenticity of the acceptance bill, and it is not objective for the first-instance judgment to find that the appellant concealed the authenticity of the bill.
5. The appellant once again stressed to the court of second instance that the appellant did not participate in the whole process of discounting the 4.5 million yuan acceptance bill provided by XX, and it was handled by Wen XX, who only told the appellant that he could borrow money from the bank. The appellant always thought that he and Yu XX should return the proceeds, and never thought of keeping them for himself and not returning them.
5. According to the testimony of two witnesses, Fu XX and Hu XX, to 20 12 65438+ 10/8 (25165438+25 of the twelfth lunar month), the appellant entrusted Fu XX from Jian 'ou City, Fujian Province to Changsha City, Hunan Province and Song XX.
During this period, the appellant never went into hiding. Song XX and Zhu XX in the supplementary materials of the public security organ have confirmed that Fu XX will negotiate repayment on behalf of the appellant.
During the whole crime, the appellant didn't answer the phone or deliberately evaded the pursuit, and it was useless to change the phone. It is impossible for the appellant to go to Fujian by train with real-name registration system ticket on February 12.
Second, I implore the court of second instance to insist? A legally prescribed punishment for a crime, no doubt, and the presumption of innocence? Principles of criminal law.
1. Now, the real suspect is at large in XX and Wen XX. After being detained, the appellant felt deeply wronged and helpless, because as long as the two men did not appear in the case, the appellant could not really defend himself. The appellant is old and suffers from severe hypertension. He thought about balance repeatedly, but thought that he could not bear injustice and could only linger in the detention center.
The appellant always insisted that even if the criminal suspect did not appear in the case of XX and Wen XX, China's criminal law clearly stipulated the principle of never suspecting a crime, since the case could not form a complete chain.
Then, according to the third item of the first paragraph of Article 162 of the Criminal Law of our country: (3) If the evidence is insufficient and the defendant cannot be found guilty, the accused crime cannot be established because of insufficient evidence, and a verdict of innocence shall be made.
To sum up, in order to avoid the occurrence of unjust, false and misjudged cases, we implore the court of second instance to abandon the thinking mode of worrying about the interests of all departments and the consequences of misjudged cases, and resolutely set things right so that the appellant in this case is not guilty.
I am here to convey
XX intermediate people's court
Appellant:
XX，XX，XX，XX