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"Why not? But there is no way—" Chen Xiaoyang replied.

After the villagers were arrested, the Xialin County Procuratorate charged Chen Honglie and five other villagers with defamation and prosecuted the Xialin County Court.

The court held that Chen Honglie and the other five villagers had deliberately fabricated and disseminated fictitious facts, harming the personality and reputation of others, and the circumstances were serious, and their actions had constituted the crime of defamation. Chen Honglie was sentenced to two years in prison, and the other four were sentenced to one year.

Dissatisfied with the court's judgment, Chen Honglie and others appealed on the grounds that "the original trial court erred in determining the facts and the sentence was too heavy". As a result, the Xialin County Court made a retrial judgment, and the court still held that the defamation was established, but this time the verdict was that Chen Honglie and others were sentenced to six months in prison.

After the verdict of the first instance of the retrial was announced, villagers Chen Honglie and others were not satisfied, and appealed again to the Linjiang City Intermediate People's Court on the grounds that "this case is a private prosecution case, and the procuratorate's initiation of a public prosecution is a procedural violation, and the issues reflected are true, and do not constitute the crime of defamation."

"What is the attitude of the Linjiang Intermediate People's Court?" When the matter was asked, Fan Heng was very interested.

Chen Xiaoyang said to Fan Heng, "The Linjiang Intermediate People's Court made a ruling and found that the Xialin County Court did not follow the relevant procedures, which is a procedural violation. It also ruled to revoke the first-instance judgment for retrial and remand the case to the Xialin County Court for retrial. ”

"Well, the ruling of the Linjiang Municipal Court is correct." Fan Heng nodded in affirmation.

Just when the case was remanded for retrial, the relevant media reported on it.

In view of this, the relevant departments of Linjiang City set up an inspection team on this case. Soon after, the Xialin County Procuratorate applied to withdraw the prosecution on the grounds that the facts and evidence had changed, and Chen Honglie and other villagers were released on bail pending trial.

How long after that. The families of the five villagers who were detained in the prison received notices from the judicial authorities requesting them to provide guarantees for the five people. But the family believes that he is guilty. The trial will be held. If not guilty. Let's get the case dismissed first. What's going on with bail pending review?

The county party committee and government of Xialin County have sent people to communicate with the families of the five villagers on many occasions. It is hoped that they will agree to be released on bail pending trial. After the person is released, we will discuss whether to withdraw the case. But the move was rejected by the families.

"So what's next?" Fan Heng then asked.

"Forced by the situation. is still on bail pending trial. Chen Xiaoyang replied helplessly.

One of the villagers' younger brothers is the deputy director of the Forestry Bureau. Seeing that he was doing his job, he couldn't go through the customs department, so he found his younger brother. There are a lot of factors to consider. In the end, the villager was released on bail. The guarantor is the Forestry Administration. Another villager's son works in the Education Bureau. His guarantor is the Education Bureau. The other two villagers were also mobilized by relatives. Only then did the relatives agree to apply for release on bail pending trial.

Chen Hongliedi's guarantor is the Water Conservancy Bureau, because he has a brother-in-law who is engaged in the well-drilling business in the county. The Water Conservancy Bureau owes the brother-in-law a sum of money. Therefore, the water conservancy bureau has naturally become the guarantor of other places.

"What is this, ridiculous!" When Fan Heng heard this, he couldn't help but snort.

"All in all, in order to complete the bail pending trial as soon as possible, the Xialin County side has mobilized almost all their social connections." Chen Xiaoyang told Fan Heng, "The guarantee provided by the Forestry Bureau, the Education Bureau, the Water Conservancy Bureau and other units is equivalent to an outsider or the Xialin County Government taking the initiative to provide a guarantee, which is inconsistent with the original intent of the legislation." The essence of the law is that the deposit and the guarantor must be submitted on the initiative of the applicant. ”

Fan Heng nodded, and he hesitated a little, the ins and outs of this matter are actually very simple, nothing more than the private toll station in the village, and finally the internal dispute caused by the unfair distribution of spoils is from the performance of the Xialin County Procuratorate and the court, the problem of the private toll station in Beiwang Village is not so simple, otherwise the procuratorate and the court, or the attitude of the Linxian County Party Committee and County Government, all seem a little ambiguous.

The point in this case is that it is obviously a private prosecution case, why did the procuratorate want to make it a public prosecution case? According to the provisions of the Criminal Law and the Criminal Procedure Law, it is a basic principle that the sentence is not increased on appeal, but why did the court increase the sentence of five people when the court of second instance remanded the case for retrial?

The crime of defamation is a private prosecution case, and the public security organs do not have the power to file a case, and the procuratorate does not have the right to initiate a public prosecution. Unless the act seriously infringes on social order or national interests, according to the provisions of the Criminal Law, even if the person concerned believes that his reputation has been damaged, he can only go directly to the court to prosecute.

If a private prosecution case follows the path of public prosecution, it will definitely be wrong no matter how it is tried. Why did the Linjiang Intermediate People's Court, which has the responsibility to correct wrongful cases, tend to remand for retrial twice instead of changing the verdict?

"There's a big problem here." After listening to the whole story, Fan Heng said to Song Qing.

If this matter is indeed as Chen Xiaoyang said, the problem of the private toll station in Beiwang Village is not only related to the village cadres, it is very likely that there are people in the county who act as a protective umbrella for them, and the energy of these people can also affect the judicial fairness in Linjiang City.

"What is the relationship between Chen Honglie and you?" Song Qing couldn't help but ask Chen Xiaoyang.

"Chen Honglie is my uncle, otherwise I wouldn't have known so clearly." Chen Xiaoyang replied.

Fan Heng nodded and said, "Okay, I already know about this matter, I will send someone to investigate this matter, and when I need to cooperate, I will inform you again, it is not easy to publicize it for the time being." ”

Song Qing sent Chen Xiaoyang out, sent her to get off near Jiangnan Normal University, and then watched her walk back to the school, and then turned around and came back.

Fan Heng was on the phone with Fan Wuxi about this, and when he saw Song Qing coming in, he said hello to her, and then continued to talk to Fan Wuxian.

"Let me do this, it's a bit overstepped-" Fan Wuxi is watching the excitement at the Bailushan Reservoir, there is a relatively large construction action today, he is sitting on a three-story large excavator watching the driver operate, and when he heard his father ask him to privately investigate the incident at the toll station in Beiwang Village, Linxian County, he felt a little unbelievable, "Isn't it over if you directly let the province send someone down to investigate?" Why bother so much? ”

Fan Heng replied, "I already have a crisis of confidence in the procuratorial team in the province, otherwise how could I think of letting you go to the front station first?" ”

Although Fan Heng has carried out a rectification of the public security and judicial contingent in Jiangnan Province after the case and some other fragmentary matters, this action is mainly aimed at a higher level of adjustment, and he does not dare to have any expectations in his heart about what the situation at the grassroots level will be, especially when it comes to possible problems in the local government, even if the local public procuratorial and judicial contingent has different views, they may not dare to openly disobey the opinions of the county party committee and county government.

The top priority is to understand the specific situation of the toll station in Beiwang Village, find out the root cause of the problem, and find the umbrella after a certain future, so that this matter can be satisfactorily resolved.

Of course, if they can use the hand of the Security Bureau, it is the best, but it is a pity that they never interfere in these trivial matters, if it is not related to national security, even if they know that there is serious corruption among the senior executives in the province, they will ignore it, this is a matter of principle for each to take care of it.

Fan Hengfan looked a little reluctant to do so, so he added, "By the way, the little girl who avenged her grievances is very good, she acts calmly and methodically, and her appearance is very, very pure, she is exactly the type you like, if you go to investigate this matter, you will have a chance to contact her, or you can also make her have a good impression of you." ”

After hearing this, Fan Wuxian was a little speechless for a moment, and only replied after a long time, "Governor Fan, you should pay attention to your identity when you speak!" Your son, am I the kind of person who doesn't choose to eat?! ”

"Of course not, how can my son be so vulgar and lewd?" Fan Heng said, "It's just that you seem to prefer to help beautiful girls get through the predicament." ”

Fan Wuxian hung up the phone directly, thinking that his father is a little unscrupulous talking now, it is estimated that the work of the governor is too stressful, and there is no one to communicate with.

But this matter, I can only help him deal with it, after all, his team in Jiangnan Province is also very large, and it should not be difficult to investigate this kind of thing, especially the things in the county, which are almost transparent in the officialdom, just hide it from the upper and lower levels, and you can ask it clearly by finding someone with a similar identity.

Regarding the private toll station, Fan Wuxian also knows more or less, although this kind of thing is coming forward in the village, but the beneficiary will definitely not only have dividends in the village or the county, otherwise how can this kind of thing last for several years without anyone asking?

The official toll station in Beiwang Village, Xialin County, is directly under the control of the province, and the fees collected are naturally directly into the provincial finance, and have nothing to do with Xialin County or even Linjiang City, so whether it is Xialin County or Linjiang City, there is no interest in supporting them, which is also the reason why private toll stations like Beiwang Village can exist extensively.

In fact, within the scope of the country, as long as there are toll stations, you will be able to find a way to avoid the charges, and there will also be the phenomenon of private toll checkpoints, and the annual loss of fees in this area is much higher than the amount that the toll stations can collect.

However, all the relatively large-scale private checkpoints have basically been greeted by the local government, or supported by strong people from the local government, otherwise they will not be able to eat and walk away just to deal with the surprise inspection of the public procuratorate and law, where can they still sit there and share the spoils?

Fan Wuxian intuitively thought that the cadres of Xialin County would not be able to get rid of this matter.

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