Mr. Cheng said that for several months, he has been rushing for "charges".
The bank card can't be used Only after asking the bank did I know that the card was frozen by the court.
Mr. Cheng is a 39-year-old farmer in Tongcheng, Anhui Province. On the morning of 20211654381October 28th, Mr. Cheng sighed.
"My home is in the countryside of Tongcheng City, Anhui Province. 15 years old left home to work in the northeast. Since then, I have married and had children in the Northeast without any criminal record. " Mr. Cheng introduced that on the morning of April 8 this year, when he bought breakfast in Shenyang, WeChat could not pay. "I was very confused. There is money on both the bound bank cards. How can you not use it? "
Mr. Cheng thought it was a network or system problem, so he didn't care. On the morning of the same day, Mr. Cheng found that WeChat and Alipay were still unavailable, so he asked his family to transfer some change to himself and transfer it to the bank card by withdrawing cash. "The result still doesn't work." Mr. Cheng panicked and called the bank at once. The bank said that because of a compensation issue, Mr. Cheng's two banks were frozen by the court.
When Mr. Cheng went to the bank to learn more about the situation, the bank said that Mr. Cheng was suspected of a criminal case and his card was frozen by the court. The specific situation should be known to the court of Hefei High-tech Zone in Anhui Province. When contacting the judge of Hefei High-tech Zone Court, Mr. Cheng asked the judge why his bank card was frozen. "The judge said, don't you know your own crime? Pay back the money quickly, or you will be blacklisted. I said I didn't commit a crime. Why should I pay back the money? The judge repeated angrily, do you know if there is a crime? "
Because Mr. Cheng insisted that he did not commit a crime, the judge of Hefei High-tech Zone Court suggested that Mr. Cheng go to the court to explain the situation.
The court investigation showed that the thief used the identity information of the party twice.
On 2021April 12, Mr. Cheng flew from the northeast to Hefei, Anhui.
Mr. Cheng said that after asking the village committee and the town government, the other party could not tell what was going on. In desperation, he had to come to Hefei High-tech Zone Court to understand the situation. After the judge retrieved the case file, Mr. Cheng took out his ID card and compared it with the criminal information. The name, ID number and photo of the criminal in the file are exactly the same as those of Mr. Cheng, but the photo of the criminal is not Mr. Cheng.
Seeing this situation, the judge said that it was necessary to investigate and let Mr. Cheng go back and wait for news first. At the end of 20021May, the court of Hefei High-tech Zone replied that Mr. Cheng was innocent and that someone had used his identity information fraudulently.
It turned out that the thief Cheng Moumou and Mr. Cheng in the file were from the same village and were three years older than Mr. Cheng. According to the archives, Cheng Moumou was sentenced twice for theft in 2004 1 1 and 2006 1 1.
2065438+On May 20, 2004, Cheng Moumou was sentenced to one year and six months' imprisonment and fined 12000 yuan by Hefei High-tech Zone Court for committing theft, covering up and concealing the crime.
2065438+February 2006, Cheng Moumou was sentenced to 9 months' imprisonment by Hefei High-tech Zone Court, fined 7,000 yuan and returned to the victim 1096 yuan.
On April 6th, 20021year, Hefei High-tech Zone Court made an enforcement ruling. On April 8, the court frozen the deposit under Mr. Cheng's name.
After investigation by the Hefei High-tech Zone Court, Cheng Moumou was suspected of committing theft on 20 14 and was put on file for investigation by the local police. In the process of investigation, Cheng Moumou falsely used Mr. Cheng's identity information to make a guilty confession, and was later prosecuted by the public prosecution agency to the court. The court made a guilty verdict in the name of Mr. Cheng. On 20 16, Cheng Moumou was again suspected of committing theft, and he still made a guilty confession with Mr. Cheng's identity information. The court once again made a guilty verdict in the name of Mr. Cheng.
The parties applied for state compensation twice, but both were rejected.
Mr. Cheng said that after the court of Hefei High-tech Zone found the problem, it asked him what he wanted. Mr. Cheng said that he did not commit a crime and was innocent. Cheng's identity information was fraudulently used, which brought a stain on his life. I hope the court can give him an explanation and compensate him for his transportation, accommodation and lost time.
"Hefei High-tech Zone Court said that it can help me correct the file information. As for the issue of compensation, I suggest taking judicial procedures and applying for state compensation. " Mr. Cheng claimed that the identity information of the criminal identified by the Hefei High-tech Zone Court was incorrect, which led him to bear the identity of the criminal for many years without knowing it, which caused him huge economic losses and serious psychological pressure and prevented him from working and living normally. "Fortunately, the child is still young and has not encountered the situation of being a soldier or taking an examination of civil servants. Otherwise, this matter will have a greater impact on my family. "
Mr. Cheng said that on June 8 this year, with the help of Hefei High-tech Zone Court, he submitted an application for state compensation to Hefei High-tech Zone Court on the grounds of "property loss caused by criminal judgment error", applying for compensation for transportation, accommodation, lost time and other expenses caused by this case, totaling 654.38 million yuan.
On August 4th, 20021year, Mr. Cheng received the Decision from Hefei High-tech Zone Court. According to this decision, after Mr. Cheng reported to the court that his account was frozen, the Executive Board of Hefei High-tech Zone Court lifted the freezing of Mr. Cheng's bank account on April 22 and April 25, 2002/KLOC-0. At the same time, the court made two criminal rulings and corrected the identity information of the defendant Mr. Cheng to Cheng Moumou.
Because Mr. Cheng's personal rights were not infringed, and the court lifted the freeze on Mr. Cheng's bank account in time, the court's execution did not cause any loss to Mr. Cheng's property, and Mr. Cheng's application for state compensation did not conform to the provisions of the State Compensation Law, so he decided to reject Mr. Cheng's application for state compensation.
In August this year, the Hefei High-tech Zone Court rejected Mr. Cheng's application for state compensation.
Mr. Cheng could not accept this and filed an application for reconsideration with Hefei Intermediate People's Court in August this year. The facts identified by Hefei Intermediate People's Court are basically the same as those identified by Hefei High-tech Zone Court. Hefei Intermediate People's Court held that Mr. Cheng was not detained in this case, and the freezing of his bank account by Hefei High-tech Zone Court did not cause property losses to Mr. Cheng. The transportation, accommodation and lost time claimed by Mr. Cheng do not meet the direct losses stipulated in the State Compensation Law, and there is no evidence to prove that Mr. Cheng has a direct loss of 65,438+10,000 yuan.
2021119. Hefei Intermediate People's Court decided to maintain the state compensation decision made by Hefei High-tech Zone Court.
On June165438+1October 19, Hefei Intermediate People's Court decided to maintain the compensation decision of Hefei High-tech Zone Court.
Parties: I hope the relevant departments will handle this matter fairly.
"I got the state compensation decision from Hefei Intermediate People's Court on1October 26th. 165438. I can't accept this decision. "
Mr. Cheng told Huashang Daily that Cheng's home is several kilometers away from his home. They played when they were young. After he/kloc-left home at the age of 0/5, the two had no contact. I don't know how Cheng got his identity information.
Mr. Cheng said that he returned to Anhui from the northeast in April this year for this matter. Since then, he has been running around for this matter and has not returned to the northeast so far, which has caused great losses. "The court said that it has helped me change the relevant information, but my friend said that the judgment published in the China judgment document still shows that I am a thief, and the relevant information has not been completely changed."
165438+1On the morning of October 28th, the reporter of Huashang Daily confirmed from China Judgment Document Network that in the theft case of Kong Moumou and Cheng Moumou pronounced in Hefei High-tech Zone on October 20th14th, the information of Cheng Moumou in the judgment was still Mr. Cheng.
"This matter is unfair to me, and I am under great psychological pressure. I don't want to do anything now, just want to be fair. " Mr. Cheng said that he could not bear the losses caused by the mistakes of relevant personnel alone, and hoped that relevant departments could handle the matter fairly. In the next step, he will continue to consult a lawyer and defend his rights according to law.
Lawyer: The parties may sue those who use identity information fraudulently and demand compensation.
"This kind of case is very rare, especially after the trial stage, and the identity of the defendant has not been found to be fraudulent." Liu, a lawyer of Shandong Law Firm who has worked as a judge for many years, said that from the investigation stage, it is necessary to find out the identity of the suspect as a basic fact of the case. Moreover, according to Article 72 of the Interpretation of Criminal Procedure Law, the identity of the defendant must be proved by evidence.
In the investigation stage, the public security organ shall obtain the criminal suspect's Household Registration Certificate, and confirm the exact identity of the criminal suspect by checking the citizen ID number and the photo of the resident ID card. It is also necessary to verify whether the suspect is a deputy to the National People's Congress or a member of the CPPCC through documentary evidence issued by relevant departments and relevant grassroots organizations. In the stage of review, prosecution and trial, the above matters are also the basic facts that need to be ascertained first. Through the above procedures, the identity of the suspect can be ensured to be accurate.
"In this case, the thief stole the identity information of others twice and has not been discovered by the case-handling organ. It can only show that the relevant case-handling units have not handled cases in strict accordance with legal procedures, and there is a backward way of thinking about handling cases that emphasizes confession and ignores evidence. "
Liu said that fraudulent use of identity information will infringe on the reputation and property rights of the parties concerned, which may adversely affect the life and work of the parties and even the employment of their children in the army. "Because the infringement in this case is caused by the negligence of the relevant departments, the relevant departments must first correct the wrong legal documents to avoid the damage consequences from expanding."
Liu stressed that the damage of reputation right does not belong to the state compensation situation stipulated in the State Compensation Law, and the infringed person can file a civil lawsuit against the fraudster, demanding an apology and compensation for the loss (mentally); If the property damage of the parties is caused by the wrong law enforcement and judicial practice of the relevant departments, they can protect their property rights by applying for state compensation.
Liu pointed out that according to the law, if Mr. Cheng refuses to accept the state compensation decision of Hefei Intermediate People's Court, he can appeal to the compensation committee of Anhui Higher People's Court according to law.