At the age of 36, he was sentenced to 10 years for fraud, and he refused to accept it from the day he was sentenced. Huang Zhenyang, a 67-year-old former employee of Guidong Post Office, told the Chamber of Commerce Channel (/): "I have been complaining for more than 30 years, and I don't know what to do next. Before I die, I hope I can see my grievances corrected. "
Huang zhenyang's son, Huang xiaoteng, began to help his father complain in 2009 in order to let the elderly close their eyes in the next hundred years. During this period, he attracted the attention of Professor Zhu Peili, a legal expert who enjoyed special allowance from the State Council. Professor Zhu wrote an article on Hunan Online, suggesting to correct the case of Huang Zhenyang in Chenzhou.
Huang Zhenyang's case is not complicated because the performance of a contract has changed from "profiteering" to "fraud".
Sell tin ingots
With the spring tide of invigorating the economy, the 36-year-old employee of Guidong County Post Office couldn't bear the poverty at home and wanted to earn some money in the commodity economy. He told his thoughts to the leaders of the post office at that time and got the tacit approval of the leaders. Huang Zhenyang started his business in the name of Hu Shicheng, a private enterprise in Guidong County.
1985, Zhang Shiming from Shouning Foreign Trade Bureau of Fujian met Huang Zhenyang, and Zhang Shiming gave him a power of attorney stamped with the official seal of Shouning Foreign Trade Bureau, asking him to handle a tin ingot trading business. In order to make the payment enter a state-owned enterprise, Huang Zhenyang borrowed the official seal and bank account number of Guidong County Catering Service Company and signed a sales contract with Fujian Shouning Foreign Trade Bureau for 15 tons of tin ingots. After the goods arrived on July 20th, Huang Zhenyang transferred the account of Guidong County Catering Service Company160,000 yuan to his personal account 1985 on July 30th, and transferred the remaining RMB 380,000 yuan to Hengyang Sanitary Plastic Factory Labor Service Company.
A few days later, he was busy buying goods. Due to the difference in price and model, Zhang Shiming sent a telegram to Huang Zhenyang from Hengyang on August 5th, saying, "I don't want any goods, and I will refund them immediately". After receiving the telegram, Huang Zhenyang returned RMB 6,543,800+055,000 in his personal account to the Foreign Trade Bureau of Shouning County the next day according to Zhang Shiming's request. The remaining money was frozen by the bank for other reasons. 1In late August, 985, Guidong County Industrial and Commercial Bureau handled this matter and sealed up the business license and official seal of Guidong County Comprehensive Supply and Marketing Company; Shouning county foreign trade bureau was fined 26 thousand yuan; A catering service company in Guidong County fined 300 yuan.
1985 65438+February 28th, arrested for fraud; 1986165438+1October 26th, Guidong county people's court (1986) No.47, sentenced Huang Zhenyang to fixed-term imprisonment for committing fraud 10 years.
30 years of complaining
Huang Zhenyang said that after the verdict, he refused to accept it. Obviously, this is a very simple economic dispute. Why was he convicted of fraud? After he was put into labor reform, he wrote a complaint to the court, and since then, he has fallen into the sea.
1993 After serving 7 years and 6 months (during which the sentence was reduced by 2 years and 6 months), he wrote an appeal to the original judicial organ Guidong County People's Court, which was rejected;
1997 wrote an appeal to the people's court of Guidong county, which was rejected again;
Huang Zhenyang, whose economy improved from 65438 to 0999, asked his lawyer to copy all the case materials, and with the help of his lawyer, he wrote to Ouyang Jie, then deputy director of the Standing Committee of Chenzhou Municipal People's Congress, which attracted the attention of Director Ouyang, who gave instructions to Chenzhou Intermediate People's Court. At that time, director Ouyang was approaching retirement age, and the leaders of the National People's Congress who were dragged to give instructions by Chenzhou Intermediate People's Court did not reply;
Huang Zhenyang's constant complaints have also attracted the attention of the local media. At the end of 2008, Professor Zhu Peili, Dean of Hunan Institute of Science and Technology, wrote "Suggesting Chenzhou Intermediate People's Court to Retry the Case" and published it in Red Net. The voice of the people. " In March 2009, our reporter Xie Zuoqin investigated and wrote "Chenzhou Huang Zhenyang aggrieved lawyer is willing to provide legal help". According to the article, the People's Court of Guidong County replied on February 13 that "it is recommended that Chenzhou Intermediate People's Court retry the case". Huang Zhenyang and his relatives can appeal against Huang Zhenyang's fraud case according to relevant laws and legal procedures.
The rule of law online "People's Sentiment Channel" column published "How should Huang Zhenyang complain about fraud and injustice? Hu Jiachu, a lawyer of Hunan Chaoyang Law Firm (formerly Hunan No.1 Law Firm), expressed deep sympathy for Huang Zhenyang's experience and was willing to provide legal aid for free.
On June 5438+1October 65438+April, 2009, Chenzhou Intermediate People's Court decided that "the case of Huang Zhenyang committing fraud" should be retried by a collegial panel. On July 6, 20 10, the original judgment was upheld;
Huang Zhenyang could not accept the decision of Chenzhou Intermediate People's Court to uphold the original judgment. On 20 1 1, he appealed to the Higher People's Court of Hunan Province and was rejected on 2011March.
20 14 learned from TV that Chen, deputy of Hunan Provincial People's Congress and people's supervisor of Hunan Provincial People's Procuratorate, came to the door for help. After reading his materials, Chen helped him to report to the Hunan Provincial People's Procuratorate that the Hunan Provincial People's Procuratorate handed over the case to the Chenzhou Municipal People's Procuratorate on March 24, 20 14, and rejected the complaint on March 24, 20 15.
What's the way to appeal?
The complaint was rejected again and again, and the years passed. Huang Zhenyang has changed from a young man to an old man with gray hair, but he is more convinced of his innocence because he learned legal knowledge from books, cases and experts.
He seems to have exhausted legal remedies. Where will he appeal tomorrow? Now the only hope of Huang Zhenyang and his son is that the case can be retried in different places. "I don't expect the court that misjudged the case to correct it by itself."
"Governing the country according to law" not only requires the government to administer according to law, but also requires citizens to abide by the law, which also includes setting things right and correcting unjust, false and wrong cases. Professor Zhu Peili is not only an expert who enjoys the special allowance of the State Council, but also the executive director of Hunan Criminal Law Society. The Chamber of Commerce channel published a summary of his opinions on "suggesting that the Higher People's Court of Hunan Province correct the mistakes in Huang Zhenyang's case". The expert opinion hopes to help the wronged father and son on the road, and also hopes to attract the attention of relevant departments. (Shangguan Yunkai)
Attach the opinion of Professor Zhu Peili:
First, the case file shows that Huang Zhenyang did not have the purpose of illegal possession before, during and after the crime. In layman's terms, he has no intention of committing a crime intentionally.
Secondly, the case file shows that Huang Zhenyang has the will to perform the contract and the feasibility to achieve the purpose of the contract. At that time, the unit Huang was looking for did have a supply of goods, but the product specifications, content and price did not meet the buyer's requirements, so there was no deal.
Thirdly, the case file shows that Huang Zhenyang voluntarily returned the money. The buyer made a fuss and proposed that "even if there is qualified supply, it is no longer needed". The next day, Huang Zhenyang voluntarily returned the payment, leaving only 1 ,000 yuan (the rest was used to contact the supplier at that time), and there was no loss to the buyer due to Huang's behavior.
Fourth, the court found that it was wrong to forge the official seals of other units. The official seal guaranteed by the contract is part of the real seal of the court canteen. When stamping, the person in charge of the official seal of the court canteen is present, and it is impossible to stamp without its consent. Moreover, the seal was not recognized from the beginning, and then the official seal required by the supplier was added, so there is no such thing as a fake official seal.
Fifth, the case file shows that Huang Zhenyang did not conceal the identity of his post office staff and "basket carrier" (intermediary) from the salesman of the purchasing unit, and the salesman of the purchasing unit also knew Huang's identity and made full use of Huang's interpersonal relationship to mediate and "cross the bridge" to obtain goods and prevent risks. So let alone Huang Zhenyang's intention to cheat.
Sixth, the case of Huang Zhenyang's tin ingot and the issue of the guarantee and seal of the court canteen were handled by the administrative department for industry and commerce at that time, and the buyers and sellers, Huang Zhenyang and the administrator were all punished.
From the theoretical analysis of the constitution of crime in China, there must be criminal intent subjectively and infringement facts objectively. If the two basic elements of the crime constitution in Huang Zhenyang's case are not available, the natural crime will not be established.