Decision of Liaoning Provincial Public Security Department on State Compensation. Photo courtesy of respondents
Yuan Chengjia, a native of CPPCC and a representative of Anshan Municipal People's Congress, was sentenced to 20 years' imprisonment by the Liaoning Provincial High Court on 20 15 for six counts, including "participating in underworld organizations". At the same time, the court ruled that part of the property confiscated by Cheng Yuan's family should be returned.
In May this year, Yuan Chengjia applied for state compensation, demanding that the public security organs return some detained enterprises and frozen property according to the court's judgment, totaling more than 3.7 billion yuan.
Yesterday (September 7), it was learned that the Liaoning Provincial Public Security Bureau had made a compensation decision and decided to return Yuan Chengjia's detained property and related interest totaling 679 million yuan.
However, Yuan Chengjia is not satisfied with this result and has submitted an application for reconsideration to the Ministry of Public Security.
The court decided to return the property not involved.
According to public information, Yuan Chengjia, 52, was born in Benxi City, Liaoning Province. When he was young, he made a living as a coachman, stevedore and individual transporter. 1999 obtained the right to operate the first iron ore concentrator in Pianling, Benxi. Since then, it has developed in Anshan and Yunnan, and 22 enterprises actually controlled their operations before the incident.
2010111,Yuan Chengjia was criminally detained by the local police on suspicion of intentional injury. 20 14, 14 In June, the Intermediate People's Court of Yingkou City, Liaoning Province sentenced Yuan Chengjia to 20 years' imprisonment on six counts, including the crime of organizing and leading underworld organizations and the crime of intentional injury. His wife Xie was sentenced to three years and five months in prison in the same case. In addition, the court also decided to recover and confiscate the funds and vehicles of 22 enterprises actually controlled by Yuan Chengjia and more than 30 enterprises in their accounts.
20 15, 1 1, Liaoning provincial high court made a second-instance judgment on this case. While maintaining the conviction and sentencing of Yuan Chengjia and Xie by the court of first instance, the judgment of the court of first instance on the property involved was adjusted.
The Higher People's Court of Liaoning Province believes that the existing evidence cannot prove that Yuan Chengjia 17 enterprise and its account funds are used for illegal and criminal activities, which is related to organized crimes of a triad nature. The funds, vehicles and frozen funds in these enterprises and enterprise accounts were improperly recovered and confiscated, and the judgments were returned by the seizure, seizure and freezing organs according to law.
In addition to these 17 enterprises, the court also sentenced Yuan Chengjia and his family's various properties and enterprises irrelevant to the case, including deposits and shares in banks, as well as legal property such as 20 million yuan assets owned by Yuan Chengjia before the establishment of the underworld organization in 2003, including a large number of valuables such as 300 boxes of Moutai seized.
Yuan Chengjia applied to the Ministry of Public Security for reconsideration.
On August 1 1, the Liaoning Provincial Public Security Department made the Decision on State Compensation and decided to pay Yuan Chengjia 679 million yuan.
Among them, 262 million yuan will be returned to the detained transferred enterprise and interest will be paid (including the withdrawal and interest of the applicant enterprise); Return the seized money and interest of 4120,000; Returned 243 boxes of Moutai, some bottled wine, and non-returnable Moutai was discounted by more than 700,000 yuan.
The Liaoning Provincial Public Security Department believes that the number of enterprises involved in the application is inconsistent with the objective facts. The enterprise that should be returned should be 16, not 17 applied by Yuan Chengjia. In the investigation stage, the public security organs seized the shares of these enterprises, and six of them were sold by Yuan Chengjia in the form of equity transfer. Before the state compensation decision was made, all the above-mentioned 16 enterprise equity seizure measures have been lifted one after another.
In view of the fact that the public security organs have not restricted and participated in the normal production and operation of relevant enterprises, and there is no illegal disposal of enterprises, the applicant's request for returning enterprises has no factual and legal basis and is not supported.
In addition, the 280 million yuan that Yuan Chengjia Investment Bank requested to be returned was not recognized. The public security department believes that this sum of money is the shareholder's money that Yuan Chengjia applied to the bank for refund, and the public security organ did not force or illegally dispose of it, so the request is not supported.
The reporter learned that Yuan Chengjia was not satisfied with this result. Recently, he entrusted a lawyer to apply to the Ministry of Public Security for reconsideration of state compensation, including six applications, including the return of 16 enterprise's normal operating income of 2.6 billion yuan, the interest on the returned money should be calculated from the date of seizure, bank fund-raising of 1 100 million yuan and related interest.
Regarding the detained enterprises, Wang, Yuan Chengjia's attorney, said that the Liaoning Provincial Public Security Department listed 22 enterprises of Yuan Chengjia and his wife as the assets involved in the investigation stage for comprehensive seizure, instead of just seizing the equity of the enterprises, and these enterprises did not meet the conditions for the first disposal of the assets involved, so they could not be transferred in the investigation stage.