In the process of investigating a crime of extortion, Liaoning Provincial Public Security Bureau not only found the criminal behavior of the parties involved, but also seized 2 million property of Beipeng Company, a company involved. After that, the enterprise applied to the provincial public security department to release the seizure, return the property and compensate for the losses. After being ordered to pay compensation by the Ministry of Public Security, the Liaoning Provincial Public Security Department failed to fulfill its decision. Finally, the Supreme People's Court made a judgment on this case, and sentenced the Liaoning Provincial Public Security Bureau to return the seized property of 2 million yuan and compensate the interest loss of 83, yuan.
on January 3th, the Supreme People's Court held a press conference to release the first batch of typical cases of protecting property rights and entrepreneurs' legitimate rights and interests. The reporter noted that the seven typical cases announced by the Supreme Law cover six categories: contract performance, intellectual property rights, administrative management, criminal offences, litigation preservation and state compensation. Among them, the above-mentioned "Beipeng Company's application for compensation for criminal detention" (hereinafter referred to as Beipeng case) is the first case in which the compensation claimant has obtained compensation for criminal detention since the official implementation of the State Compensation Law in 1995.
Zhu Erjun, deputy director of the Compensation Office of the Supreme Court, said at the meeting that it is necessary to treat the irregular behaviors in the development of enterprises, especially private enterprises, strictly regulate the legal procedures for the disposal of property involved, and properly handle the property rights cases formed in history.
2 million criminal judgment was detained during the investigation.
The "Beipeng case" originated from "cracking down on gangs", and Liaoning Public Security Bureau was accused of illegally seizing 2 million corporate property. During the investigation, in addition to the criminal acts of Bo Huang and others, it was also found that Beipeng Real Estate Development Co., Ltd., which was jointly transformed with the village, was suspected of destroying financial vouchers, illegally occupying agricultural land and other criminal acts, so the Liaoning Provincial Public Security Department seized it, seized more than 1 volumes of financial vouchers of Beipeng Company, and detained it for 2 million yuan.
The case was tried by the Intermediate People's Court of Benxi City, Liaoning Province. Bo Huang and others were convicted and punished for committing corruption, illegal transfer of land use rights and intentional destruction of property. Two financial personnel of Beipeng Company were convicted and punished for concealing accounting vouchers, while Beipeng Company, its actual controller and original legal representative were convicted and exempted from punishment for illegally occupying agricultural land. Criminal judgment did not identify and dispose of the above-mentioned seized property.
The company's application for returning the property was rejected, and it applied to the Supreme Court for compensation.
After the criminal judgment came into effect, the company applied to the Liaoning Provincial Public Security Bureau for lifting the seizure, returning the property and compensating the losses. The Liaoning Provincial Public Security Department did not make a decision on this matter, so the company applied to the Ministry of Public Security for reconsideration. The Ministry of Public Security believes that Beipeng Company's request is in line with the statutory compensation situation, and ordered the Liaoning Provincial Public Security Department to make a compensation decision within a time limit. However, the Liaoning Provincial Public Security Department failed to fulfill the decision. Therefore, Beipeng Company filed an application with the Supreme Law Compensation Committee, requesting the Liaoning Provincial Public Security Department to return the financial voucher and 2 million yuan, and compensate the interest loss of 8.69 million yuan.
The reporter noted that this case is the first one in which Judge the Supreme People's Court served as the presiding judge for public cross-examination.
on December 2, 215, Tao Kaiyuan, vice president of the Supreme People's Court, chairman of the compensation Committee and second-class judge, served as the presiding judge and conducted a public cross-examination on the case of "Bei Peng" in the Second Circuit Court of the Supreme Court. After trial, it was considered that the claimant for land compensation involved in the case, Shenyang Beipeng Company, had polluted the land with cadmium and had gone through the relevant formalities in the later stage. The criminal judgment of Benxi Intermediate People's Court found that Beipeng Company and its responsible personnel constituted the crime of illegal occupation of agricultural land, but they were exempted from criminal punishment. Since then, the Liaoning Provincial Public Security Department has continued to detain the relevant funds and financial books of Beipeng Company, losing the legal basis.
the Supreme People's Court Compensation Committee's review decision: Liaoning Provincial Public Security Department returned the company's financial vouchers seized and transferred during the investigation to Shenyang Beipeng Real Estate Development Co., Ltd.; Liaoning Provincial Public Security Department shall return the relevant funds and financial books of Shenyang Beipeng Real Estate Development Co., Ltd. within 3 days after this decision takes effect, and compensate Shenyang Beipeng Real Estate Development Co., Ltd. for its economic loss of 8.3 million yuan. The corresponding interest loss is 83, yuan.