Jurisdiction Court: XXX District, Beijing
Cause of action: occupation.
Defendant: Zhao Moumou (pseudonym)
Defendant Zhao Moumou, female,1984,65438+born on February 22nd, with a bachelor's degree.
The defendant was the director of operation control of Beijing Carrefour Commercial Co., Ltd. before the incident.
20 17 was criminally detained by XX Branch of Beijing Public Security Bureau on July 6th. On August 10 of the same year, the Japanese court refused to approve his arrest on the grounds that it was unnecessary. On the same day, he was released on bail pending trial by XX Branch of Beijing Public Security Bureau, and was released on bail pending trial by our hospital on September 8, 20 17.
The defender is a lawyer of Tianjin Xingtong Law Firm.
The case was investigated by XX Branch of Beijing Public Security Bureau, and was transferred to our hospital for review and prosecution on the grounds that Zhao Moumou, the non-prosecutor, was suspected of duty embezzlement on September 7, 2007. After accepting the case, the court informed the defendant that he had the right to entrust a defender on September 8, 20 17, and informed the injured unit that he had the right to entrust an agent ad litem on September 8, 20 17, and interrogated the defendant according to law, listened to the opinions of the defender, the injured unit and their agents ad litem, and reviewed all the case files. Our hospital returned the supplementary investigation on June 9, 20 17, and the investigation organ made the supplementary investigation on June 5, 20 16.
XX Branch of Beijing Public Security Bureau transferred for review and prosecution. From 2065438 to June 2003, the criminal suspect Zhao Moumou took advantage of his position as the director of commodity operation control of a love company in Beijing, encroaching on the company's RMB 287 150.8, and was arrested.
After examination by our court, we returned to the supplementary investigation, but we still think that the criminal facts identified in this case are unclear and the evidence is insufficient, which does not meet the conditions for prosecution. In accordance with the fourth paragraph of Article 171 of the Criminal Procedure Law of People's Republic of China (PRC), it was decided not to prosecute Zhao.
Please note that there are several points:
What is supplementary investigation? Under what circumstances should supplementary investigation be carried out? What causes the need for supplementary investigation?
The supplementary investigations are as follows:
1. If it is found that the facts are unclear, the evidence is insufficient, or the accomplices and suspects are omitted, it is necessary to make supplementary investigations or provide supplementary evidence;
2. If it is found that the accomplice is guilty or the criminal suspect is omitted, it is necessary to supplement or change the prosecution, although it is not necessary to supplement the investigation and provide supplementary evidence;
3. It is necessary to notify witnesses and expert witnesses who have not provided the list to the people's court before the court session, or witnesses who have not appeared in court after being notified by the people's court to make statements in court.
Legal basis: Article 349 of the Criminal Procedure Rules of the People's Procuratorate. After the court announces the postponement of the trial, the people's procuratorate shall request the people's court to resume the trial or withdraw the prosecution within the supplementary investigation period. During the trial, the number of times the public prosecutor suggested postponing the trial shall not exceed two times, and each time shall not exceed one month.
This supplementary investigation is because the defender of the non-prosecutor believes that the fact that the non-prosecutor invaded a Beijing Lefu Commercial Company due to his position is unclear and the evidence is insufficient, and the existing evidence cannot prove that the non-prosecutor has invaded. So he was asked to make a supplementary investigation. The final judgment is not to prosecute.