Chapter 407: Handling Cases (2)

Liu said that he would leave, and Han Chaoyang, who was entrusted with the important task, was dumbfounded.

Li Xiaobin didn't know that handling a case was far more troublesome than collecting a clue or even arresting a criminal suspect, so he asked in a low voice: "Han Da, what should I do?"

"What to do, you can only do it head-on," Han Chaoyang took a deep breath, looked up at the attic, took out his mobile phone and said: "The leader is right, there is always a first time for everything, and if you don't do it, you have to learn." ”

Xiaokang felt that he, the captain, was a bit unscrupulous, and asked coldly: "Don't catch the surname Bi?"

"The basic situation of the surname Bi has been clarified, and the monk can't run the temple if he can run, even if he can't catch it now, he can catch it in the future. The key is that we cannot arrest people for no reason, we must have a legal basis, and we must arrest people with procedures. ”

"Liu said very clearly, this is not a 'black broadcasting' den, but also a 'pseudo base station' den!"

"Whether it's a 'black broadcast' or a 'fake base station,' I also know that it's illegal, but which law is being violated, and whether our public security has jurisdiction or not, all of these must be clarified! Otherwise, it will be easy to arrest people and difficult to release them, and if they don't do well, they will be beaten upside down. ”

Li Xiaobin finally knew why he was at a loss, and leaned on the balcony railing and didn't say anything.

Han Chaoyang smiled apologetically with Lao Fan, walked to the balcony and dialed the mobile phone of "eldest sister" to ask for the corresponding laws and regulations.

Miao Haizhu knew that he had another clue, and knew that he had gone out to handle the case again, but he didn't expect it to be such a case, and at the same time felt that this was a once-in-a-lifetime opportunity, so he pretended to be profound: "Chaoyang, your case is very tricky, there are laws and regulations, and it is too difficult to practice, and you want to investigate and punish it strictly, what are you kidding." ”

"Sister Miao, what do you mean by this, can't you control these guys who engage in 'black broadcasting' and 'pseudo base stations'?"

"It depends on how to manage it, and how to investigate and deal with it. If it were really so easy to manage and investigate and deal with, such cases of violating radio management laws and regulations in the past few years would not have shown a trend of intensifying. ”

"You know?" asked Han Chaoyang.

"Please, have you forgotten what I'm doing? Let's put it this way, every special action against a violation of radio management is a joint action of the radio management department and the public security and economic department. ”

She came down from the Economic Investigation Corps, so I think she should know this.

Han Chaoyang asked again: "Then tell me, why is it difficult to manage?"

"This is a long story, the situation in various cities in the province is not the same, Yanyang's special activities to crack down on 'pseudo base stations' and 'black broadcasting' are all radio administrative law enforcement cases, which are generally accepted and organized by the Radio Administration. The public security mainly cooperates with the search and disposal, and is accustomed to leaving people as soon as they are investigated, and they are all handed over to the radio management department to undertake. ”

"So it's not under the control of our public security?"

"It's not that they don't return, but the police who handle the case don't have much contact with radio cases, and they are not familiar with radio laws and regulations, so how can they do anything about them?"

There are still a lot of things in the police office, and Han Chaoyang doesn't care whether the leaders will be disappointed, and muttered: "Since it should be under the control of the No Management Bureau, then I will call 114 to check the number of the No Management Bureau, and let the No Management Bureau send someone to take over." ”

Miao Haizhu secretly thought that such a person could actually receive awards for meritorious service, and he could actually participate in the selection of outstanding people's police in the city, and said coldly: "Chaoyang, if you do this, it is tantamount to indulging those lawbreakers and criminals!"

"What does that mean, does anyone wear a pair of pants with them?"

"This shouldn't be, but the powers are different, they are radio administrative law enforcement departments, what is administrative, that is, even if the facts are clear and the evidence is conclusive to them, it is also an administrative case, and the suspects can only be administratively punished. It is precisely because the radio management departments lack experience in handling cases that they often treat some criminal cases as administrative cases regardless of the nature of the matter and the degree of the case, and replace criminal punishment with administrative punishment, and turn it into a substitute for management with fines. ”

Miao Haizhu really studied this aspect, paused and continued: "At present, more than 80 percent of the criminal cases brought by the law enforcement of the Yanyang Municipal Bureau are handled by the Non-Management Bureau, and less than 20 percent of the cases are handled by the Yanyang Municipal Bureau. The main reason for this is that the police handling the case are not familiar with the corresponding laws and regulations, have an inaccurate grasp of the radio case, are unable to obtain evidence in the investigation of the case, and cannot find the corresponding clause in the recommendation for sentencing and sentencing.

Several other cities either did not investigate or found it difficult to do so.

Only investigation and not handling refers to the public security to take care of, that is, in the radio administrative law enforcement with the participation of the public security, whether it is a general administrative law enforcement case or a criminal case that exceeds the administrative punishment, there is no management committee or no management bureau only as technical support, no need to go through any transfer procedures, and do not pay attention to the outcome of the case. As a result, only about 10 percent of the criminal cases of radio communications are actually convicted on the basis of radio communications, and most of the suspects in radio communications crimes are closed on other charges or even with administrative punishments. ”

It is worthy of being from the provincial department, Han Chaoyang secretly praised one, and asked curiously: "Is it difficult to investigate?"

For example, most of the cases of "black broadcasting" and "fake base stations" that have been detected may have constituted criminal offenses, but due to the limited functions of the radio management department, they can only be handed over to the public security to handle. As a result, because the case is complicated, or there is a lack of evidence, or the party is not the main suspect, or the case space is too large, the case has been 'on the road', overdue and overdue, and finally it can only be closed. ”

No matter how stupid Han Chaoyang is, he understands, and secretly thinks that it is no wonder that Liu Suoxing rushed over, and after figuring out the situation, he was too busy to go back, it turned out that he knew that this was a very troublesome and even very troublesome case!

"What then?" asked Han Chaoyang with a bitter face.

"It's not difficult to do it with me," Miao Haizhu said with a smug smile: "Chaoyang, it's not that my sister is bragging to you, you can't find someone in the whole bureau who is more familiar with laws and regulations in this area than me, let alone this case, I have studied more than they have heard combined." ”

It turned out that there was an ambush here!

Han Chaoyang realized that the "eldest sister" wanted to participate in the investigation, and couldn't help laughing: "Then tell me, how should this case be investigated?"

"Contact the No Management Bureau first and make it clear to them that you are in charge of this case. Ask them to assist and provide technical support, that is, ask them to go to the scene to see whether it is a 'black broadcast' or a 'pseudo base station', and after confirmation, find out which frequency is occupied and how much the signal covers, that is, ask them to help get a certificate. ”

"And then?"

Then proceed to the investigation and evidence collection. ”

Miao Haizhu used her mobile phone to search for laws and regulations on the Internet, and said with a smile on her police eyebrows: "Speaking of luck, the 'Amendment to the Criminal Law', which came into effect on November 1, has amended the provisions of the first paragraph of Article 288 of the Criminal Law on the crime of 'disrupting the order of radio communications management', deleted the restriction of 'refusing to stop using it after being ordered to stop using it', and revised the criminalization condition of 'interfering with the normal operation of radio communications and causing serious consequences' to ' interfering with the order of radio communications, the circumstances are serious'. ”

Han Chaoyang asked as if he didn't understand: "These revisions have increased the punishment for 'black broadcasting' and 'pseudo base stations', and if they can be verified, they can be investigated for criminal responsibility?"

"It's pretty much the same, but it's easier said than done. ”

"I have conclusive evidence here, so I will find out the facts. ”

"Chaoyang, Chaoyang, you should really study laws and regulations if you have time!" Miao Haizhu put down her mobile phone, got up and said: "Even if the facts are clear and the evidence is conclusive, it may not be able to bring that kid to justice." There is no 'quantitative' criterion for determining whether the circumstances are 'serious' or 'particularly serious', and you need to do a lot of work and collect a lot of evidence to let the prosecutor, especially the judge, know that his circumstances are particularly serious!"

"What kind of work to do, what kind of evidence to collect?"

"There are too many, such as whether there is any impact on the normal use of radio frequencies related to public safety such as spacecraft, aircraft, railway locomotives, ships, special radio navigation, distress rescue and safe communications, etc. ”

It's too much work, it's the rhythm of running and breaking legs, and I don't know if I'll be able to bring that kid to justice.

Han Chaoyang was having a headache, and Miao Haizhu snickered again: "By the way, there seems to be a judicial interpretation that the illegal production and sale of more than 3 sets of radio equipment or the illegal business amount of more than 50,000 yuan can be determined as 'serious circumstances'." This means that you can not only look down, but also type. If you find someone who sells these equipment, check whether you have sold it to someone else, and then go down and file a complaint for nothing, maybe you can catch it and sentence ten or twenty!"