Volume 3 Chief of Civil Bank Chapter 113 Procedural Justice

When Chen Jie saw Zhang Ruiming say this, he didn't dare to reply for a while, it is true that he has flaws on his own side, and he can't be entangled with Zhang Ruiming anymore, so he wants to cut through the mess quickly, so he stepped forward and grabbed Chen Anhe's shoulders and wanted to forcibly take him away.

Chen Anhe kept struggling on the ground, shouting that he wanted to see the detention warrant, and the scene was very ugly.

Zhang Ruiming lost no time in saying to Zhang Liang: "See, Director Chen of our Xijiang Branch, the detainee actually didn't have a detention warrant, I don't know what the entire Jingang City judicial system will think." ”

Chen Jie glared at Zhang Ruiming fiercely, this kid didn't know when he saw through the flaw that he didn't have a detention warrant for this operation, indeed, this case, he only received a real-name report at night, and the witness also suddenly appeared, after determining the situation, he rushed to the scene, and contacted the Environmental Protection Bureau on the way, only to know that the Jingang City Procuratorate had been one step ahead of himself, and had started the preliminary investigation of the public interest lawsuit early, and had brought the village chief to the office of Fuyu Town Center Primary School for questioning, Chen Jie was eager to solve the case, and simply came here directly, ready to forcibly take people away。 I thought that I was a powerful person, and I had the power of criminal investigation in my hands, and there was no problem in leading people, but I didn't expect this Zhang Ruiming to start provoking his own thorns? !

He wanted to get back the face he lost in the command center of the Xijiang Branch yesterday morning!

Chen Jie became annoyed and went straight back: "Zhang Jian! You are mistaken! Who said that we can't detain him without a detention warrant? Don't you know that we detain him first? According to Article 80 of the "Criminal Procedure Law": The public security organs will ...... the following circumstances for current criminals or major suspects?

Without waiting for Chen Jie to finish speaking, Zhang Ruiming took the initiative to help him say what he was going to say next: "...... In any of the following circumstances, the public security organs may take them into custody in advance: (1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime. (2) The victim or a person who witnessed it at the scene identified him as having committed the crime. (3) Evidence of a crime is found in the vicinity or residence. (4) Attempting suicide, escaping, or being a fugitive after committing a crime. (5) There is a possibility of destroying or fabricating evidence or colluding confessions. (6) Not telling the real name and address, and the identity is unknown. (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group. ”

Zhang Ruiming has been a public prosecutor for so many years, how can he not memorize the Criminal Procedure Law like a stream? He easily memorized the law, looked at Chen Jie and asked: "May I ask Director Chen, is this village chief preparing to commit a crime, committing a crime, or is there someone present to testify against him, or is there any illegal act that meets any of these seven items?"

"We have witnesses who directly identify him as a crime!" Chen Jie let go of Chen Anhe, his eyes were red, and he began to get serious to deal with Zhang Ruiming.

…………

Since the founding of the People's Republic of China, more than 14,000 public security policemen have died in the line of duty, of which more than 3,300 have been approved as martyrs, and a large part of them have died on the job due to fatigue.

In addition, because of the huge number of public security systems and the semi-military nature of the post settings, the growth of cadres in the public security system is particularly slow compared with that of other civil service cadres. Young cadres like Chen Jie are already among the best, and he also cherishes his opportunities, works hard, dedicates himself, and cracks more than 100 major cases in the past 11 years, all the way from a grassroots investigator to his current position.

It is because he grew up as a grassroots investigator, so his sense of smell of the case is stronger than that of ordinary people, from receiving the report, to contacting witnesses, plus Zhang Ruiming and others went to the command center of the Xijiang Branch yesterday morning to investigate the surveillance video of Fuyu Town. Let him connect the dots right away.

Environmental pollution cases have always been cases of hindsight, and they are generally unearthed in the form of reverse investigation and accountability after the fermentation of the damage results caused a storm of public opinion, but this Jingsha River pollution case is different, and thanks to the active investigation of Zhang Ruiming, the Tianjin and Hong Kong Municipal Prosecutor, the case has almost been grasped when the damage results are still unclear. On the side of the Xijiang Branch, this case has just been reported, and when the specific damage of this case is not clear, Chen Jie reacted quickly, investigated overnight, and killed the Jintian Village side of Penfulyu Town.

In Chen Jie's view, these two people just wanted to ask their superiors for credit through their public interest lawsuits, and at the same time they also obstructed the investigation work of their Xijiang sub-bureau.

Especially this Zhang Ruiming, he actually used such a trivial matter as a detention warrant to rob people!?

But now the legal environment is changing with each passing day, and the importance of legal procedures is not the same, Chen Jie did not sign a detention warrant for some reasons, his initial idea was to directly take people away first, whether it is detention, custodial summons, or summons procedures, any one can take people away, anyway, the parties can't tell the difference. I didn't expect that there would be a procuratorate on the scene to pick the stab!

"I said, we have witnesses in the bureau, this reason is always okay, it meets the conditions for first detention, right?!" Chen Jie reversed the army, but still tried to take people away first.

"Director Chen, as I also said, only current criminals or major suspects who meet those conditions can be detained first. Zhang Ruiming also replied unhurriedly.

"Don't you understand what you're saying!? We have witnesses to testify against this Chen Anhe!" Chen Jie laughed angrily, he was tired of picking out legal words with Zhang Ruiming here, not to mention that the procuratorate was still arguing with reason.

"I don't mean to say that it doesn't meet one of the seven articles, but -- Chen Anhe is not a current criminal and a major suspect at all. ”

Chen Jie was directly amused by Zhang Ruiming's nonsensical words: "Haha, Section Chief Zhang, you don't want to say that because I didn't let Chen Anhe sign your interrogation materials, he is not a criminal suspect, right? You're really kidding. ”

"I'm not kidding, Chen Anhe is not a suspect now. Zhang Ruiming's answer was categorical, loud, and his expression was very serious, and he didn't mean to joke at all.

The atmosphere at the scene suddenly stiffened because of Zhang Ruiming's tough attitude, and Zhang Ruiming's answer made everyone present fall into a fog.

Zhang Liang, who was standing next to Zhang Ruiming, was confused: What's the matter? Didn't you ask the village chief just now? He himself admitted that he had violated the law...... Why is it that now, not even a suspect?

When Chen Jie heard this, he couldn't help it, and shouted directly: "Hey! The surname is Zhang! Don't go too far! Are you worthy of your uniform? I don't know what interests you have with this Chen Anhe, but I will definitely report to the organization and send you! You are bending the law for personal gain! Exonerate this obvious criminal suspect!"

After Chen Jie finished venting and calmed down a little, he didn't know whether to be angry or happy, this Zhang Ruiming suddenly said such a sentence that reversed black and white, it was too strange! It was so unreasonable, even if he accepted the suspect's money, he shouldn't have excused this person like this, did he think that if their procuratorate said that he was not a criminal suspect, he really didn't need to investigate and prosecute!? Is he crazy?

Facing everyone's questioning eyes, Zhang Ruiming took a deep breath and replied slowly: "Chen Ju, I want to ask you a question. ”

"You say. Chen Jie looked at him for a long time, and everyone also wanted to see how this famous public interest litigation prosecutor would be able to complete this time.

"I want to ask Chen Ju, what are the criteria for filing a case for the crime of polluting the environment?"

"This ......" Chen Jie was really asked at this time.

According to Article 60 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (1)," there are six types of standards for the crime of polluting the environment: (1) causing a loss of more than 300,000 yuan to public or private property; (2) causing basic farmland, shelter forest land, 5 acres or more of forest land for special purposes, 10 acres or more of other agricultural land, and 20 acres or more of other land with loss of basic functions or permanent damage; (3) Causing the death of more than 50 cubic meters of forest or other trees, or the death of more than 2,500 young trees; (4) Causing the death of one or more persons, the serious injury of three or more persons, the minor injury of more than 10 persons, or the serious injury of one or more persons and the minor injury of five or more persons; (5) Causing the occurrence or epidemic of infectious diseases or the poisoning of persons to the National Emergency Plan for Public Health Emergencies Situations where a public health emergency is classified as Level III or above, seriously endangering human health. See for yourself which one this event fits!"

Zhang Ruiming's words made the audience silent, it is true that this case has been too fast from the occurrence of the case to the investigation, and now it is ready to detain people, and the relevant damage results appraisal report has not yet come out, who can guarantee that the loss must be more than 300,000 yuan?

But Chen Jie tried to get the situation back: "Zhang Ruiming, don't deceive people too much! This case is definitely not just more than 300,000, at least 3 million starts!"

"But before the results of the damage come out, who can guarantee that it will be this number! Based on your words from Director Chen? Procedure is procedure! The principle of due process of law is to prevent the abuse of administrative power like today and to ensure the realization of substantive justice!" Zhang Ruiming ridiculed him, and the situation is on fire.

I didn't expect this law to be so strong, seeing that the prosecution has always occupied the procedure and fair reasons, Chen Jie really couldn't make it out, blamed himself for being too vigorous and resolute, and just wanted to solve the case as soon as possible, but he didn't expect to be caught by this kid and flawed, so he simply didn't do it and took it away, anyway, the damage report should come out tomorrow, it's really not good, and the procedure will be corrected.