Rule of law weekend reporter Sun Fa from Jingzhou, Hubei
The original identity of 50-year-old Zhang Debin is very difficult.
His work unit is the Public Security Bureau of honghu city, Hubei Province, and now he works in the Public Security Brigade. To outsiders, he is a policeman, but unlike * * *, he is not a policeman in the full sense. Because Zhang Debin has no police rank, he has no choice but to wear a police uniform, and naturally he has no law enforcement power.
Six years ago, Zhang Debin had a police rank, but a series of misjudged cases forced him to take off his police uniform.
A year ago, the wrong case was revoked, but his police status has never been asked.
For more than a year, in order to completely restore the identity of the police and the rank of the third-class police inspector, Chi Debin has been guiding the response to the higher-level private security organs and complaining to the news media.
In Zhang Debin's view, this turned out to be a very simple thing, and I don't know why someone wants to get in the way.
The policeman was arrested and his police rank was revoked.
On the morning of August 3, 2004, six years ago, Zhang Debin, who still had time to have lunch, was taken away by the staff of the Investigation Bureau of Dereliction of Duty and Infringement of honghu city Procuratorate and was criminally detained on suspicion of sponsoring criminals' hiding places.
Zhang Debin was detained in the First Detention Center of Xiantao City, Hubei Province. At this point, his identity is the deputy squadron leader of the public security brigade.
There are antecedents for Zhang Debin's criminal detention.
It is understood that on the evening of April 6, 200012000, the Criminal Police Brigade of honghu city Public Security Bureau captured the suspect Chen Bin with no effort. After going through three places, that is, on the evening of April 9, they will be arrested in Bin Chen, where they are doing business. On June 28th of the same year, Bin Chen was sentenced to three years' imprisonment.
Interpol brigade caught the air for the first time. The accusation of honghu city Procuratorate is that Zhang Debin told Bin Chen in advance that "the Public Security Bureau made a big move yesterday, and the criminal police team wanted to arrest you", and Bin Chen immediately closed the door and went out.
In fact, de Zhang Bin and Bin Chen are really conscious, and they have something to do with each other.
But on the evening of April 6, 200 1 year, where was Zhang Debin at this time?
On May 5, 2000, Zhang Debin was sent to Longxin Town Police Station, dozens of kilometers away, as the deputy director, to "create a police station satisfactory to the people" on behalf of the public security brigade. On March 8, 200 1 year, he returned to the public security brigade and did not occupy any dominant position until June.
During this period, from April 16 to June 1 2006, Zhang Debin also went to Jingzhou City, Hubei Province to participate in the promotion of police rank.
In response to the accusation of honghu city Procuratorate, Zhang Debin believes that from May 2000 to June 5438+0, 2006, he didn't take part in the arrangement and detailed actions of agricultural materials in the special struggle against evil in the Public Security Bureau, and basically didn't know that the Interpol Brigade wanted to arrest Lao Bin, so there was naturally no problem of leaking information to Xian Bin.
In the case of Zhang Debin's zero confession, the honghu city Procuratorate still filed a public prosecution with the honghu city court in June 2004.
The honghu city court accepted the prosecution's evidence, but held that Zhang Debin failed to fulfill his detailed obligation to prohibit Bin Chen's criminal activities, and the subject was not established, which did not constitute the crime of assisting criminals to escape punishment. Finally, Zhang Debin was sentenced to fixed-term imprisonment 1 year for the crime of intentionally revealing state secrets.
Zhang Debin immediately appealed.
He believes that the testimony of the prosecution witnesses is inconsistent in time and place, and none of the prosecution witnesses have testified in court. Secondly, it is found that his crime of intentionally revealing secrets does not conform to the proper law and the secret level of the Stealing Secrets Law.
In March 2005, the Intermediate People's Court of Jingzhou City, Hubei Province rejected his appeal.
Immediately, Zhang Debin was "double opened".
In August, 2005, honghu city Public Security Bureau revoked Zhang Debin's status as a people's policeman and the rank of third-class police inspector.
The wrong case was corrected and the "double opening" was revoked.
On August 2, 2005, Zhang Debin was released from prison. Then he embarked on the road of representation.
Zhang Debin said that from the investigation stage to the trial stage, it was not verified how he knew the source of "Interpol wanted to arrest Bin Chen", and there was not enough evidence to prove that he leaked the news to Bin Chen. The honghu city Procuratorate accused him of being tipped off by telephone, but there was no record of inquiries from the telecommunications department.
After Jingzhou Intermediate People's Court rejected his appeal, Zhang Debin appealed to Hubei Higher People's Court. Hubei Provincial High Court ruled that Jingzhou Intermediate People's Court would retry. On March 27th, 2009, Jingzhou Intermediate People's Court made the final judgment of retrial, revoked two rulings and declared Zhang Debin innocent.
Judging from the retrial, there is no evidence to prove that Zhang Debin knew the name of Bin Chen's arrest, and the only direct evidence to reveal state secrets is the testimony of Bin Chen and another person, but their testimony is inconsistent in the time and manner of Zhang Debin's disclosure.
Since it is a wrong case, and the wrong case has not been revoked, the Supervision Bureau of the honghu city Municipal Commission for Discipline Inspection casually revoked the "single initiative" punishment against Zhang Debin. His party membership and public office were so boring that he was reinstated. In June 2009, honghu city Public Security Bureau transferred him to Lu 'an Brigade. The personnel bureau also restored his status as a civil servant.
The 30-year-old policeman suffered a double blow from the sudden disaster and humiliating punishment. However, he felt a little comforted by changing the sentence and canceling the "double opening" in the later period.
However, the problem of police rank has not been solved for a long time.
It is difficult to restore the ranking. There are other things to hide.
The incident was not in Jingzhou Public Security Bureau.
Zhang Debin believes that since it was a wrong case, it has been revoked and his party membership, public office and civil servant status have been restored. Therefore, it is far-fetched to restore his status as a people's policeman and the rank of third-class police inspector.
Honghu city Public Security Bureau also thinks it is right. Therefore, he submitted a submission to Jingzhou Public Security Bureau for the second time, "petitioning the public security organ at a higher level to restore Zhang Debin's identity as a people's policeman". But when the information reached the political department of Jingzhou Public Security Bureau, it was suppressed.
The relevant staff of Jingzhou Public Security Bureau believes that according to the relevant internal demarcation, Zhang Debin does not meet the premise of restoring the identity of the national police.
Gao Pengning, deputy director of the Political Department of Jingzhou Public Security Bureau, and Zhang Dewu, the organization minister, showed the reporter the reply from the Political Department of the Ministry of Public Security to the Political Department of Hubei Provincial Public Security Department in 2007 on the issue of restoring the first-class police rank.
The reply said: "If the people's police were deprived of the police rank because of punishment, they were acquitted by the people's court, and there was no corresponding violation of travel records. It was indeed a false and wrong case, and the light music police rank should be restored; Although acquitted by the people's court, there are sanctions directly related to the case, or the case is caused by subjective fault. In principle, the hand of restoring the police rank will no longer be handled. "
Gao Dening believes that although the criminal case has been revoked, it is not the place where Zhang Debin is undisciplined in this case.
However, does this statement come from speculation or investigation conclusion? If it is an investigation, is there any disciplinary action?
Ji Shucai, director of the Political Department of honghu city Public Security Bureau, and Yu Peishou, secretary of the Discipline Inspection Commission, proved to the rule of law weekend reporter that after Zhang Debin was acquitted, the discipline inspection department of honghu city and the Public Security Bureau never gave him the remaining punishment. Based on this, they made an application to the Jingzhou Public Security Bureau.
Zhang Dehei also said that they made an oral report on this issue of Zhang Debin and asked the Political Department of the Provincial Public Security Department for instructions. The Political Department of the Public Security Department recognized their practice.
In the Political Department of Hubei Provincial Public Security Department, a staff member of the Information Office of the Public Security Department told the reporter of Rule of Law Weekend that the comrades in charge of this work in the Political Department are busy with other official duties, and it is very interesting to contact the reporter once they go to work.
However, as of press time, the volunteers of the Political Department of the Public Security Department have not contacted the reporter.
According to the reporter of "Rule of Law Weekend", the leaders of Hubei Provincial Public Security Bureau gave instructions on Zhang Debin's reflection.
Regarding the provisions on the restoration of the police rank, the reporter consulted the relevant administrative regulations and the rules of the Ministry of Public Security, and found that the provisions on the award, promotion and cancellation of the police rank are more specific, but the text on how to restore the police rank after the revocation is not simple. For example, the Measures for the Administration of Police Ranks promulgated by the Ministry of Public Security on February 24 stipulates that if a police officer is sentenced to punishment, criminal detention, public administration, exemption from prosecution, exemption from criminal punishment, reeducation through labor, or expelled from public office, rank or party membership, his rank shall be cancelled accordingly, and a rank mark and a rank certificate shall be issued.
If the people's police seriously violate the police discipline, they shall be given the punishment of upgrading the police rank, and the time for upgrading the police rank shall be recalculated according to the downgraded police rank.
In accordance with the relevant provisions, if the police rank is not preserved, changed or revoked, the political work department of the people's police organ at or above the county level shall handle the broken hand and report it step by step for the record according to the examination and approval authority.
However, Zhang Debin believes that according to the above regulations, the political work department that gave up the police rank should report it step by step, so the political work department that resumed the police rank should also report it step by step. Jingzhou Public Security Bureau should report the application of honghu city Public Security Bureau to the ministries and agencies, and it has no right to put the documents there and make their own suggestions.
Zhang Debin believes that Jingzhou Public Security Bureau is so passive in restoring his police rank because there is something else hidden: after he was sentenced, Jingzhou Public Security Bureau compiled a book about his case and police crimes in Jingzhou public security system in previous years, called "Alert", and the editor of the book was a leader of Jingzhou Public Security Bureau.
In this regard, a senior lawyer in Beijing said that now that Zhang Debin has been acquitted, he can ask the Jingzhou Public Security Bureau to burn books. If Jingzhou Public Security Bureau does not approve, he can bring a lawsuit. Because this book constitutes an infringement of Zhang Debin to a certain extent.
Origin: rule of law week ended
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