{"id":8414,"date":"2020-04-23T16:16:49","date_gmt":"2020-04-23T08:16:49","guid":{"rendered":"http:\/\/www.whatchina.cn\/?p=8414"},"modified":"2020-04-23T16:16:49","modified_gmt":"2020-04-23T08:16:49","slug":"cases-such-as-the-use-of-minors-to-organize-triad-crimes-will-be-severely-punished","status":"publish","type":"post","link":"https:\/\/www.whatchina.cn\/cases-such-as-the-use-of-minors-to-organize-triad-crimes-will-be-severely-punished.html","title":{"rendered":"Cases Such As The Use Of Minors To Organize Triad Crimes Will Be Severely Punished"},"content":{"rendered":"<div class=\"37c28470d9d6d3cb9ff74e663adb766a\" data-index=\"2\" style=\"float: none; margin:0px 0 0px 0; text-align:center;\">\n<script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-3594734025006597\"\r\n     crossorigin=\"anonymous\"><\/script>\n<\/div>\n<p>According to the WeChat official account of the Supreme People&#8217;s Procuratorate, the Supreme People&#8217;s Procuratorate held a press conference on April 23 &#8220;Severely punishing the use of minors to commit crimes of evil forces&#8221;, and released 3 typical cases of severely punishing the crimes of using evil forces committed by children. The case is as follows:<br \/>\nCase 1: Xie Moumou organization, leading triad nature organization, provoking trouble, gathering crowds, extortion, opening casinos, intentional injury cases<br \/>\n\u3010Basic case\u3011<br \/>\nIn February 2017, after the release of Xie Moumou&#8217;s sentence, he gathered people who were released from prison and social idlers Zhan Moumou, Chen Moumou, etc., and successively recruited, recruited, and absorbed 18 minors (of whom 15 were in school) In the Guxi Village of Chengnan Town, Jiaocheng District, Ningde City, Fujian Province, criminal activities such as provocation and extortion, extortion and blackmail were gradually formed, with Xie Moumou as the organization and leader, Zhan Moumou and others as the backbone members, Chen Moumou and Weng Moumou (Minors), Yu Moumou (Minors), and 16 minors under the age of 16 are the triad organizations of the participants. Xie Moumou used the power of criminal organizations to blackmail and extort Guxi Casino, arrange members of the organization to work in loan companies to obtain financial benefits, and support organizational activities. The organization implemented a series of illegal and criminal activities such as provoking troubles, gathering crowds, extortion, opening casinos, and intentionally injuring, bullying and maiming the masses, doing bad things, dominating one side, and forming a major influence in the Guxi area, severely destroying the economy and society Order of life.<br \/>\n\u3010Performance of Procuratorial Organs\u3011<br \/>\nThe three-level people&#8217;s procuratorate in the urban area of \u200b\u200bFujian Province has established a guidance group and a special case group to arrest and prosecute in accordance with the law. Judgmentally convicted minors of crimes involving underworld forces, and not deciding to join a triad-like organization for a minor who has not participated in a triad-like organization for a long time or participated in the execution of illegal criminal activities; A minor proposed a sentence for minor punishment, which was supported by the court.<br \/>\nFor minors who have not reached the age of criminal responsibility, they will implement &#8220;visiting and categorizing assistance&#8221;, and actively encourage 15 students involved to return to school in time. For minors who continue to study in the future, we will jointly carry out &#8220;one-to-one&#8221; precision teaching with social workers and public welfare organizations. Through legal education, psychological counseling, group counseling, and public welfare volunteer activities, we will work together to build an effective model of watching and helping. Regarding minors entering the society, rely on training bases to train vocational skills and contact employment units.<br \/>\nIn view of the fact that the minors involved mainly come from single-parent families, left-behind families, and families with lack of guardianship, the People \u2019s Procuratorate of Jiaocheng District cooperates with social work organizations and communities to organize parental education of the minor parents involved.<br \/>\nIn view of the large number of undergraduate students involved in the case, actively promote source governance. Combined with 8 members of the leading group for comprehensive management of public security around the campus, it carried out special inspections on 11 key regional primary and secondary schools in the urban area. From the aspects of internal safety management of the school, surrounding safety, fire safety, food safety, campus bullying, etc., on-site inspection, On-site corrections, on-site assignments, time-limited rectifications, etc., carry out all-round investigations and rectifications. Signed an &#8220;Agreement on Promoting the Construction of a School for Rule of Law and Promoting the Construction of a Rule of Law Campus&#8221; with the district education bureau, and dispatched the deputy principal of the rule of law to 9 elementary and junior high schools in the jurisdiction to guide the school to carry out the rule of law education.<br \/>\nOn December 20, 2018, the People&#8217;s Court of Jiaocheng District sentenced Xie Moumou to commit crimes of organization, leading triad organizations, crimes of provoking troubles, crimes of gathering people for assault, extortion, opening casinos, crimes of intentional injury, and punishment for multiple crimes. Decided to execute a fixed-term imprisonment of 13 years and 6 months, and impose confiscation of all personal property. 16 minors who have not been investigated for criminal responsibility were admitted to secondary schools and 8 vocational schools after being taught, continued to study 2 in junior high school, and employed 6 people, of whom 2 were in the youth group competition of the shooting project of the Provincial Games Get good grades.<br \/>\n[Typical meaning]\nAdults use minors to carry out criminal activities of underworld forces, which leads to the increasingly prominent crimes involving underworld forces, seriously impairs the healthy growth of minors, and seriously harms social harmony and stability. It should be highly valued by society.<br \/>\nHighlight the key points of the crackdown and severely punish criminals involved in crimes committed by criminals who use minors to commit crimes. Cooperating, recruiting, and absorbing minors to participate in underworld-like organizations, and carrying out criminal activities of underworld forces is a typical act of using underworld to commit underworld forces. The use of minors under the age of criminal responsibility to commit crimes of underworld forces is one of the circumstances in which the use of minors to commit crimes of underworld forces should be punished severely. Molecules, backbone members, rallyers, principal offenders and members who use them directly are punished severely.<br \/>\nEffectively implement the criminal policy of leniency and strictness, and maximize the protection of the lawful rights and interests of minors involved. Adhere to the equal emphasis on combating and protecting, paralleling education and correction and warning education, as well as crime prevention and comprehensive governance, and actively carrying out education and correction and crime prevention for minors involved in crimes. Actively participate in comprehensive social governance and strengthen the coordination of various functional departments. Carry out propaganda and education of the rule of law, and create a good social atmosphere for severely punishing the crimes of criminals using evil forces.<br \/>\nCase 2: Li Moujia&#8217;s provocation, trouble, testimony, intentional injury, illegal mining<br \/>\n\u3010Basic case\u3011<br \/>\nFrom 2015 to 2017, a criminal group of evil forces headed by Li Moujia, Mao Moumou and Luo Moujia (minors) and other six members as fixed members, used violence and threats in Yangshan County, Qingyuan City, Guangdong Province. Repeatedly carrying out illegal and criminal activities, bullying local people, disturbing the order of social life and causing relatively bad social impact. In July 2016, Li Moujia had a dispute with the victim Li Moumou, so he collected Mao Moumou, Luo Moujia and others to revenge at Li Moumou&#8217;s roasting shop. Li Moujia instructed Mao Moumou, Luo Moujia and others to use their previously prepared tools such as Tietong to pry open the iron gate of the roasting shop, smash the items in the store, and push the motorcycle in the roasting shop to the nearby Xiaoheyong, The value of property losses was RMB 5889.96. Afterwards, in order to evade legal sanctions, Li Moujia asked Luo Moujia to contact Li Mouyi and Luo Mouyi by phone, and asked three people to provide ID and other information. Li Moujia hosted three people at the villa, instructed the three to surrender to the public security organ, and made false statements that the three had smashed Li Moumou&#8217;s roasted meat shop to protect them and other accomplices. On March 27, 2017, the defendant Luo Moujia went to the Criminal Investigation Brigade of Yangshan County Public Security Bureau and made false statements to cover Li Moujia and other accomplices.<br \/>\n\u3010Performance of Procuratorial Organs\u3011<br \/>\nAfter careful examination and guidance and supplementary evidence, the People \u2019s Procuratorate of Yangshan County believed that the criminal organization led by Li Moujia was in line with the characteristics of a criminal group of evil forces, and at the same time, the fact that Li Moujia had intentionally harmed the crime was added. In order to evade legal responsibilities, Li Moujia took advantage of the characteristics of Luo Moujia \u2019s immature mind, shallow social experience, and weak awareness of the rule of law. The legal rights of minors. The procuratorial organ accurately accused and increased the fact that some of the leading elements, Li Moujia, deliberately harmed the crime, and at the same time determined the criminal organization as a criminal group of evil forces, and committed a criminal attack on the use of minors to commit crimes of evil forces. .<br \/>\nIn response to the illegal acts committed by Luo Moujia, on the one hand, the procuratorial organ carried out education on the rule of law together with assistance lawyers through court trial education. On the other hand, through contacting with their family members, the in-depth analysis of the importance of family education to minors emphasizes strengthening family education and caring, helping them rehabilitate and return to society.<br \/>\nOn December 30, 2019, the People&#8217;s Court of Yangshan County issued a verdict against Li Moujia and seven others, and sentenced Li Moujia to commit crimes of provocation, obstruction of testimony, intentional injury, illegal mining, etc. Execution of imprisonment for six years and six months, and a fine of 50,000 yuan.<br \/>\n[Typical meaning]\nCriminals of evil forces use the characteristics of minors&#8217; weak self-protection ability, low discrimination ability, and easy control of command. They often intentionally attract, entice, and deceive minors to join the evil forces and carry out illegal criminal activities. If minors are used to participate in crimes committed by underworld forces, they should focus on cutting off the &#8220;poison source&#8221; to prevent young minors from &#8220;accumulating small evils and causing serious problems.&#8221;<br \/>\nSome underworld organizations and criminal groups and evil forces use the provisions of Article 17 of the Criminal Law on the age of criminal responsibility to deliberately use minors as the target of the development of criminal forces to avoid criminal punishment. Adult offenders take advantage of the immature characteristics of minors to commit crimes of underworld forces together with minors, and in order to evade legal responsibilities after crimes, order minors to perjure and commit crimes, and cover up the criminal facts and behaviors of other adults. Harshness should be severely punished.<br \/>\nCase 3: Jin Moumou hindered credit card management, illegal detention, and provoking trouble<br \/>\n\u3010Basic case\u3011<br \/>\nSince October 2018, Jin Moumou has published information on bank card purchases in the QQ group, collected Zhou Moumou, Zhang Moumou, Xiao Moumou and others, and hired Wen Moumou, Liu Moumou, An Moumou (all three are Minors) form a criminal gang that sells bank cards. For the purpose of making profits, the gang illegally acquired student bank cards, U shields, and mobile phone cards in some vocational colleges, held them, and sold them to overseas gambling and fraud organizations. In order to prevent the normal use of the bank card and the illegal income cannot be taken out, Jin Moumou ordered the gang members to gather Wen Moumou, Liu Moumou and An Moumou to bring the underage students who lost the bank card to the hotel or school many times. In remote places, threatening and intimidating by means of language threats, threatening beatings, and taking them to the home for processing, etc., videotaping the students, forcing the students who lost the bank card to make up the card and return the frozen funds in the card.<br \/>\n\u3010Performance of Procuratorial Organs\u3011<br \/>\nOn April 24, 2019, Chang Moumou, a resident of Xinhe County, Xingtai City, Hebei Province, was defrauded of more than 600,000 yuan and reported to the Xinhe County Public Security Bureau. The public security organ filed an investigation and found that the fraudulent funds were transferred to other accounts through the bank card purchased and sold by the criminal gang. The Xinhe County People&#8217;s Procuratorate immediately involved in the investigation activities of the public security organs in the discovery of evil and minors, immediately interviewed the minors involved, learned the situation in a timely manner, understood the situation, interpreted the law in a timely manner, and carried out educational probation.<br \/>\nAfter the public security organ requested approval for the arrest, the Xinhe County People&#8217;s Procuratorate arranged for the parents of the minors involved to go to the detention center to conduct affectionate meetings and jointly counsel them. Wen, XX, An XX and others mourned on the spot. During the period of review and prosecution, the procuratorial organ shall handle the minors involved in the case from the perspective of protecting the minors. Actively contact the Judicial Bureau of Laocheng District, Jianshan District, Luoyang City, Henan Province, where the minor \u2019s domicile is located, to collaborate in conducting a social investigation, analyze the minor \u2019s crimes, and their usual performance. Based on the findings, the court is recommended to the minor , Liu Moumou, An Moumou apply probation. Jin Moumou, the principal offender of the case, was punished strictly according to law, and he proposed to the court a heavy penalty.<br \/>\nOn December 31, 2019, the Xinhe County People \u2019s Court sentenced Jin Moumou to commit crimes of obstructing credit card management, illegal detention, provocation and nuisance, and punished several crimes. 30,000 yuan.<br \/>\n[Typical meaning]\nThe evil forces use the psychological characteristics of minors&#8217; eagerness to make money and lack of self-control ability, and often employ minors in the name of engaging in part-time work to participate in illegal and criminal activities to provide convenience for seeking illegal benefits. Evil forces extend their black hands to minors and colleges and universities, and use students in schools to commit crimes against minors, and they should be given severe penalties. The procuratorial organs resolutely curbed the evil forces from attracting and eroding minors, severely cracked down on the use of minors to carry out illegal and criminal activities, resolutely prosecuted in accordance with the law, and put forward severe sentencing suggestions.<br \/>\nFor minors who have been exploited, factors such as the nature of the crime and the severity of the crime should be combined to implement hierarchical protection. For minors involved in crimes with bad behaviors and great harm consequences, we must fully understand their physical and psychological status and the causes of illegal crimes. Through family meetings, education and probation of minors, we should actively promote reconciliation and guide them to obtain confession and punishment. Handle with leniency; minors who are minor offenders and are first-time offenders and offenders must fully play the role of institutional mechanisms such as no arrest, no prosecution, criminal reconciliation, and actively apply conditional non-prosecution; for minors who have not reached the age of criminal responsibility People should communicate with the public security organs, and they should be instructed by the guards to order the guardians to be strictly disciplined. At the same time, they should cooperate with the relevant helpers to carry out key observation and help to prevent recidivism.<\/p>\n<div class=\"37c28470d9d6d3cb9ff74e663adb766a\" data-index=\"2\" style=\"float: none; margin:0px 0 0px 0; text-align:center;\">\n<script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-3594734025006597\"\r\n     crossorigin=\"anonymous\"><\/script>\n<\/div>\n\n<div style=\"font-size: 0px; height: 0px; line-height: 0px; margin: 0; padding: 0; clear: both;\"><\/div>","protected":false},"excerpt":{"rendered":"<p>According to the WeChat official account of the Supreme People&#8217;s Procuratorate, the Supreme People&#8217;s Procuratorate&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[272],"tags":[],"class_list":["post-8414","post","type-post","status-publish","format-standard","hentry","category-today"],"_links":{"self":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/posts\/8414","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/comments?post=8414"}],"version-history":[{"count":0,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/posts\/8414\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/media?parent=8414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/categories?post=8414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/tags?post=8414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}