At 9: 00 this morning, "Wang Lijun, Inner Mongolia, committed the crime of purchasing corn", and the Bayannaoer Intermediate People's Court revoked the original judgment according to law, and declared Wang Lijun innocent.
During 20 1 1 to 20 1 in 2005, Wang Lijun illegally purchased corn in a village group near Bainaobao Town, Linhe District, Bayannaoer City, and sold the purchased corn to Hangjinhouqi Branch of Bayannaoer Grain and Oil Company. After the incident, Wang Lijun voluntarily surrendered himself to the public security organs and returned the seized money of 6,000 yuan.
According to the above facts, the People's Procuratorate of Linhe District of Bayannaoer City prosecuted the defendant Wang Lijun in the original trial for the crime of illegal business operation, and the People's Court of Linhe District of Bayannaoer City made a criminal judgment on 20 16 and 15, and sentenced Wang Lijun to one year's imprisonment, suspended for two years and fined 20,000 yuan for the crime of illegal business operation. The returned illegal income shall be turned over to the state treasury by the investigation organ. After the verdict was pronounced in the first instance, Wang Lijun did not appeal.
According to the provisions of Article 243rd of the Criminal Procedure Law of People's Republic of China (PRC), the Supreme People's Court has the right to send back the legally effective judgments and rulings of people's courts at all levels for retrial or instruct the people's courts at lower levels for retrial if they find that there are indeed mistakes. 20 16 12 16 the Supreme People's Court made a retrial decision according to law, and instructed the Bayannaoer Intermediate People's Court of Inner Mongolia Autonomous Region to retry the case. Bayannur Intermediate People's Court formed a collegial panel according to law and heard the case in public on February 20 13 17. During the trial, the prosecutor of Bayannaoer City People's Procuratorate proposed that although Wang Lijun's behavior was an administrative violation, it did not constitute a crime of illegal business operation, and it was suggested that the judgment should be retried according to law; Wang Lijun, the defendant in the original trial, thought that his behavior did not constitute the crime of illegal business operation; His defender suggested that Wang Lijun's purchase of corn without a license was not harmful to society, illegal and punitive, did not meet the constitutive requirements of the crime of illegal business operation stipulated in the criminal law, and did not meet the principle of modesty in the criminal law, and should be acquitted.
Bayannaoer Intermediate People's Court held that Wang Lijun, the defendant in the original trial, did not apply for a grain purchase license and an industrial and commercial business license to buy and sell corn during the period from 20 15 to 20 15, which violated the relevant provisions of the state grain circulation management at that time, but did not seriously disrupt the market. It does not have the same social harm and the necessity of criminal punishment as the crime of illegal business operation stipulated in Article 225 of the Criminal Law, and does not constitute the crime of illegal business operation. The original judgment found that Wang Lijun constituted the crime of illegal business operation, and the applicable law was wrong. The opinion of the procuratorial organ, Wang Lijun and his defenders that Wang Lijun's behavior does not constitute a crime was established and adopted. Therefore, the above judgment was made according to law.
Some NPC deputies, CPPCC members, journalists from news media, the public and Wang Lijun's family members attended the public verdict of the case.
After the verdict was pronounced, the collegial panel delivered a retrial judgment to Wang Lijun, and explained to him the right to apply for state compensation after the judgment came into effect.