"Shut up!!!!!!!!!

Classic cases of underworld crimes:

Case of Wu Yaxian et al. organizing, leading, and participating in underworld criminal organizations

-----Why does Ma Zai shoot and kill people without a death sentence (immediate execution), the black boss can't avoid death after reporting meritorious service,

1. How the case occurred

Wu Yaxian, nicknamed "Big-eyed Xian" and "Monk Xian", a native of Yatang Town, Lianjiang City, was the chairman and general manager of Lianjiang Dazhong Mining Co., Ltd. at the time of the incident, vice chairman of the Zhanjiang Youth Federation, deputy to the 14th Lianjiang City People's Congress, and member of the Standing Committee of the 11th CPPCC National Committee.

From 2004 to 2009, Wu Yaxian successively recruited a group of idle people through means such as giving small favors and favors, and gradually formed a criminal organization with a triad nature. The organizational structure is relatively stable, with a large number of members, and a relatively clear hierarchy and division of responsibilities, mainly under the guise of companies and enterprises such as Volkswagen, engaging in illegal and criminal activities and illegally making huge profits. In the course of its business, the criminal organization illegally bought or robbed other mineral enterprises or state-owned and collectively-owned mountain and forest mines at low prices and processed them into spherical soil, sold them to many provinces and cities across the country, and quickly amassed huge wealth in just a few years.

Between 2004 and 2009, in order to obtain economic benefits, under the organization, direction or instruction of Wu Yaxian, members of the organization used violence or threats of violence to systematically and repeatedly carry out illegal and criminal activities such as intentional homicide, forced transactions, intentional destruction of property, illegal mining, and obstruction of public affairs. There are many cases of suspected crimes, involving organizing, leading, and participating in underworld criminal organization crimes, as well as intentional homicide, intentional injury, robbery, arson, explosion, illegal mining, obstruction of public affairs, forced transactions, picking quarrels and provoking trouble, fraud, illegal possession of firearms, and evasion of funds

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gold, tax evasion, cover-up and other crimes. On the one hand, the wealth illegally amassed by Wu Yaxian's criminal organization is used to reinvest profits, and on the other hand, it is used to pay wages and benefits, purchase guns and ammunition, and pay for the criminal activities of its members and the expenses of fleeing.

In February 2009, Wu Yaxian had a conflict with Luo from Dayun Village, Yatang Town, Yatang Town, Lianjiang City, in order to compete for the mining rights of Sijiaotang Station Ridge, Yatang Town, and then germinated the idea of revenge against Luo. On the evening of September 26, 2009, after Wu Yaxian learned of Luo's organization of mining in Zhanzhanling, he called Wu Riwang to organize personnel to go to the mine to retaliate against Luo Yabin and others. Wu Riwang and others shot at the entrance of the mine with guns, causing mine worker Mo Sunyun to be shot and killed. The case has attracted great attention from the Guangdong Provincial Public Security Department and Zhanjiang City. The Zhanjiang Municipal Public Security Bureau set up a special team to investigate. After nearly a month of meticulous investigation, the special case team took arrest action at the end of ,,,, and arrested Wu Yaxian, Wu Mouwang, and other criminal suspects who had absconded to Shandong and other places.

The case of Wu Yaxian and his members was filed and investigated by the Zhanjiang City Public Security Bureau, reviewed and prosecuted by the Zhanjiang City People's Procuratorate, and the 22 defendants, including Wu Yaxian, were tried in court by the Zhanjiang City Intermediate People's Court.

Second, the trial is directly hit

Due to the complexity of the case of the Lianjiang gang led by Wu Yaxian, and the fact that the main culprit Wu Yaxian (nickname: "Big Eyed Xian") denied the accusations of the public prosecution, the trial that was originally planned to last three days had to be extended. The main points of the trial in this case are as follows:

(1) The main offender, Wu Yaxian, denied most of the charges

Wu Yaxian, the main culprit of the gang, was involved in intentional homicide, intentional injury, robbery,

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Most of the more than 10 crimes, including arson, explosion, illegal mining, obstruction of official business, forced trading, picking quarrels and provoking trouble, fraud, illegal possession of firearms, evasion of funds, tax evasion, and cover-up, resulting in the death of one victim and injuries of varying degrees to 13 others, were mostly denied or gave ambiguous answers.

(2) The black boss and Ma Zai "bit each other" at the trial scene

In this case, there was a phenomenon of "mutual bites" between the black boss and Ma Zai at the trial scene. Among them, the cross-examination process for the suspected crime of intentional homicide lasted as long as two hours, and as many as 32 witnesses were provided by the prosecutor alone. The gang boss Wu Yaxian claimed that he did not know, that he was not involved in the whole incident, and that he did not instruct his subordinate Wu Riwang to shoot at the mine. The perpetrators, Wu Riwang, and his younger brother, Wu Zaijun, insisted that they were instructed by their bosses. Regarding the shooting murder incident, Wu Riwang, Wu Zaijun and other 6 people involved in the case confessed, and Ma Zai Wu Riwang directly pointed the finger at the boss Wu Yaxian, saying that he was instructed by the boss's phone call.

"I didn't even know that there was a mine in Sijiaotang, and I had no grievances with Luo. Wu Yaxian tried his best to get out of the way. Subsequently, Wu Riwang's younger brother Wu Zaijun shot back at Wu Yaxian's defense, "Everyone knows that Wu Yaxian often violently grabs mines, and the kaolin mine in Sijiaotang, Yatang Town, is something that everyone knows, how can Wu Yaxian not know," and then Wu Yaxian fell silent.

(3) The call records of the main culprit Wu Yaxian were monitored-

On the issue of murder, Wu Riwang said in his confession that he received Wu Yaxian's instructions on the phone that he gathered people to go to the Sijiaotang mine to commit murder. In response, Wu Yaxian argued that he had only called Wu Riwang once on the night of the incident, and that he and a female friend were at a hotel in Zhanjiang. That night, there was also an unfamiliar mobile phone number that called him 23 times

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I don't know where the number came from. The issue of telephone calls also became a focal point of the trial. However, the dispute was immediately stopped as the prosecution read out the phone call records of the people involved before and after the night of the incident. Among them, part of the correspondence between Wu Yaxian and Wu Riwang that night, the public prosecution also made a statement during the trial, and publicized the confirmation documents of the voices of the two by high-tech means. The prosecution apparently has the core evidence in the case, so that Wu Yaxian cannot escape the charge of intentional homicide.

3. Verdict

The Zhanjiang Intermediate People's Court pronounced a verdict in the first instance that Wu Yaxian, the leader of the gang, was sentenced to death, deprived of political rights for life, and fined 41.1 million yuan for more than 10 crimes, including "organizing and leading an underworld criminal organization, intentional homicide, intentional injury, illegal mining, picking quarrels and provoking trouble, forced transactions, extortion, intentional destruction of property, evasion of capital contributions, obstruction of public affairs, and illegal possession of firearms". One of Wu Yaxian's right-hand men, co-defendants Wu Riwang and Wu Rifu, were charged with the crimes of participating in an underworld criminal organization and intentional homicide, and were sentenced to death (with a two-year reprieve, deprivation of political rights for life, and a fine of 20.01 million yuan) and life imprisonment respectively; The defendant Wu Zaijun was sentenced to 20 years in prison, deprived of political rights for three years, and fined 8.03 million yuan. The remaining 18 defendants were sentenced to fixed-term imprisonment ranging from one year to 20 years. The verdict alone is nearly 300 pages long.

Defendants Wu Yaxian and others appealed to the Guangdong Provincial High People's Court against the first-instance judgment, arguing that the facts found in the first-instance judgment were unclear, the evidence was insufficient, and the sentence was unusually heavy. and actively report and expose the facts of others' crimes.

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The Guangdong Provincial High People's Court held in the second-instance judgment that Wu Yaxian organized and led the underworld criminal group to carry out illegal and criminal activities in an organized manner by means of violence, threats, and other means, dominating one side and committing crimes, causing the people of one side to be brutalized or oppressed for a long time, and seriously undermining the order of economic and social life. Although Wu Yaxian's revelation of others' crimes was found to be true and he had made meritorious contributions, in view of the extremely serious nature of his crimes, his subjective malice and his great personal danger, he was not given a lenient punishment. Therefore, the second-instance judgment upheld the first-instance judgment of the Zhanjiang Intermediate People's Court. Wu Yaxian was sentenced to death on 10 counts of intentional homicide, illegal mining, and extortion, and reported to the Supreme People's Court for approval in accordance with the law.

IV. Lawyer's Comments-

Tan Qingchao, a criminal lawyer at Guangdong Green Law Firm, believes that the key to the success of underworld crime defense lies in the identification and grasp of key evidence. Because Wu Yaxian's criminal case involves a homicide case, the defense work of the entire case should be carried out around the key issue of preserving life. At the same time, this case has very important precedent demonstration significance for courts at all levels in China to adjudicate similar cases, and the exemplary significance of this classic precedent is mainly reflected in:

(1) Why Ma Tsai does not need to be sentenced to death for shooting and killing (immediate execution),

In this case, the key to determining Wu Yaxian's criminal responsibility is whether the victim Mo Sunyun was shot and killed was committed by Wu Riwang, a member of the organization, and his younger brother Wu Zaijun, or whether Wu Yaxian, who was employed by the organization, to commit the crime.

As mentioned above, Ng claimed that he did not instruct his subordinate Ng Yat-wang to shoot at the mine, while the perpetrators Ng Yat-wang and his younger brother Ng Tsai-kwan insisted that they were instructed by their boss. Wu Riwang said in his confession that he received Wu Yaxian's instructions on the phone, so he gathered people to go to the Sijiaotang mine to commit murder. As the public prosecution read out the call records of the people involved in the case before and after the night of the incident, the controversy followed. ”

"Stop, stop, what the hell. ”

"Case 1: Saturday Sheng, Zhou Xingxing, Zhou Xiaohui, and Xu Wenbin gathered to fight

In September 2017, defendants Liu Liusheng, Xu Wenbing, Zhou Xingxing, and Zhou Xiaohui formed a malign gang and carried out illegal and criminal activities on multiple occasions. On June 7, 2018, the Donghu District People's Procuratorate prosecuted the evil gang of Liu Liusheng, Zhou Xingxing, and Zhou Xiaohui on suspicion of gathering a crowd to fight, and Xu Wenbing on suspicion of gathering a crowd to fight and illegally possessing firearms. On July 26, 2018, the Donghu District People's Court convicted Liu Liusheng of assembling a crowd to fight and sentenced him to four years and six months in prison, Xu Wenbing to three years and ten months in prison for assembling a crowd to fight and illegally possessing firearms, Zhou Xiaohui to three years and three months in prison for assembling a crowd to fight, and Zhou Xingxing to two years and ten months in prison for assembling a crowd to fight. ”

Case 2: The case of Fan Shaohuang and Chao Yiping 9 people picking quarrels and provoking trouble

"Since 2017, defendants Fan Shaohuang, Xu Lincong, Zhou Zhenyu, Wang Meng, Deng Wenkai, Hu Xiaogang, Chao Yiping, Wan Yixian, You Hongjin, and Liu Wenlong (handled in a separate case) and others have formed a malign force criminal gang in Jinxian County, and have repeatedly carried out illegal and criminal activities by means of violence and threats. On August 17, 2018, the Jinxian County People's Procuratorate filed a public prosecution with the Jinxian County People's Court on suspicion of the crimes of picking quarrels and provoking troubles by defendants Fan Shaohuang, Chao Yiping, Deng Wenkai, Wang Meng, Wan Yixian, Xu Lincong, Zhou Zhenyu, Hu Xiaogang, and You Hongjin on suspicion of the crime of picking quarrels and provoking trouble. The case has not yet been decided.