It was too conspicuous to sit in a police car, so Lu Zhanchen borrowed a tourist minibus from the cadre training center.

Without letting the Customs Anti-Smuggling Bureau accompany him, he realized that Professor Han must have something to say, and as soon as the criminal police of the Municipal Bureau drove the car out of the training center, he asked in a low voice: "Professor Han, did you find anything?" ”

Han Jun took the laptop from Zhang Xiang, who had been prepared, pointed to a photo on the monitor and said, "This Fang Rui has a ship and a criminal record, and he appears in the list of personnel counted by the Municipal Bureau. I find it strange that I had been detained for a year on suspicion of smuggling, but it was not in the list provided by the Anti-Smuggling Bureau. ”

He is a "big boss", and his subordinates are also not simple.

Not only did they find out that the customs had concealed something from the materials, but they were also silent one by one, as if they hadn't found anything, until they avoided Deputy Director Gu, they had a tacit understanding to call up the materials.

Lu Zhanchen secretly praised it, shook his head and said with a wry smile: "They have too many bad things, and many things can't be put on the table and can't stand scrutiny." It is not surprising that they did not cooperate with our investigation last year, and now they are hiding it again. ”

"Rotten?"

"Professor Han, Dr. Xiao, I'm not pouring dirty water on them, I'm just talking about things. They are the state's entry and exit supervision and management organs, and they are responsible for tax collection and management, customs clearance supervision, bonded supervision, customs inspection, and cracking down on smuggling.

Either nothing happens, or it's a big deal. The Huanggang ** nest case and the Niutoujiao ** nest case are a string of them when they are caught. Some time ago, the Economic Investigation Detachment of the Municipal Bureau cracked a case of embezzlement of public funds, and after it was handed over to the procuratorate, the general manager of the auction house involved in the case explained a lot of problems, and a retired deputy director was involved, and he was investigated on suspicion of accepting bribes and dereliction of duty. ”

pulled out the radish and brought out the mud, and arrested a retired deputy commissioner, no wonder the relationship between the two families was so tense. Han Jun pondered for a moment, and asked curiously, "Is that former deputy commissioner Yan zhòng?" ”

"You're going to laugh when you say it."

Professor Han didn't laugh, Lu Zhanchen himself laughed first: "I don't know how much bribes I take, many people know about dereliction of duty, it happened several years ago, when one of their subordinate customs seized more than 30,000 tons of refined oil. The case was serious, and the deputy commissioner personally commanded the investigation and prosecution, arrested the relevant smuggling suspects, and then sealed the seized smuggled oil at a nearby oil depot.

At the end of the year, when the public auction was planned to be organized according to the procedure, it was discovered that 3,000 tons of oil had been stolen from the warehouse. If the seized smuggled oil is stolen, the supervision is derelict in its duties, and it is necessary to accept punishment, lose one's job, and even bear criminal responsibility. After internal discussions, they decided not to report the case to our public security organs, but chose to investigate secretly first.

After carefully looking through the materials, it was discovered that the owner of the warehouse that sealed the smuggled oil involved in the case was the smuggler of the case. Sending the seized thieves into the thieves' den is simply a big joke in the world. ”

This incident is not a little funny, Professor Han University was happy: "What happened later? ”

"It has been verified that the smugglers took advantage of the convenience of being in charge of the warehouse to transport the oil involved in the case for sale one or two truckloads a day, and in order to conceal their dereliction of duty, they still arranged for the smugglers' subordinates to contact the auction house to conduct auctions. At that time, the general manager of the auction house was worried that there would be accidents when there was no empty auction, so they went to work, saying that the auction would be carried out by private individuals.

Unexpectedly, the smugglers did not want to pay the auction price. They also drafted a report on price reduction, noting that the oil had quality problems, and the smugglers underpaid more than 8 million yuan in the auction price. ”

Xiao Chenyu frowned slightly and said, "This is not dereliction of duty, this is dereliction of duty, this is abuse of power!" ”

Lu Zhanchen sighed secretly, and continued: "The matter is not over at this point, the second year after the case, the General Administration of Customs began to audit the auction proceeds of the smuggling case, and the smugglers who raced for empty bids still had a large amount of money unpaid, and the auction house was unable to pay in advance. Worried about the incident, they went so far as to have the customs pay more than 3 million yuan for the storage fee, and then transfer the money back to the customs account and hand it over as auction money. ”

It's really the world's biggest, and there are no surprises.

Han Jun smiled and asked in a low voice, "What's the matter with this Fang Rui?" ”

"Many people know about Fang Rui, it has nothing to do with our Public Security Bureau, it is the procuratorate that raises the pole with them. He used to be a ship owner and traveled back and forth between Hong Kong and Zhanjiang for a long time. An informant from the Intelligence Department of the Anti-Smuggling Bureau approached him and hoped to develop him into a downline, report smuggling, and get a reward for reporting it. ”

For fear that they would not understand the difference between customs informants and public security informants, Lu Zhanchen added: "Our public security funds are tight, the informant fee is small, and the ordinary case is one or two thousand. The amount involved in the case is small in the hundreds of thousands, more than tens of millions, and in the case of major cases, hundreds of millions. Informant fees have also risen, ranging from tens of thousands to hundreds of thousands, or millions. ”

"Fang Rui agreed?"

"Who doesn't make money if there's money, and not everyone has the opportunity to be a customs informant, Fang Rui agreed. A few months later, when someone really asked him to deliver the goods, he immediately called the informant to respond, asking if he could do it. After confirming that the clues were correct, the informant asked him to transport the smuggled drugs to Zhanjiang.

During the smuggling process, he kept in telephone contact with the informant, who then reported the information to customs. After the smuggled goods were transported to the Zhanjiang wharf, the informant was pointed out to the receiving vehicle, and the customs seized the smuggled drugs according to the clues provided by him. The amount involved in the case is several million, and the evasion of state taxes is 4.5 million yuan, which can be said to be very successful. ”

Xiao Chenyu couldn't help asking, "What happened later?" ”

Lu Zhanchen smiled bitterly: "What happened after that is more difficult to accept, at least emotionally unacceptable. After intercepting the smuggled vehicle, the Anti-Smuggling Bureau of Customs arrested two more boatmen at the wharf and detained Fang Rui the next day. The indictment found that they had smuggled goods out of Hong Kong by boat and evaded customs supervision by smuggling goods and evaded taxes of more than 480,000 yuan. ”

"Cross the river and tear down the bridge, how can this be!"

"I can't figure it out, even the informants are testifying for him in court and crying out for him. The family began to petition, and the Anti-Smuggling Bureau of Customs finally issued a statement of the situation and frankly admitted that it had received a report from an informant about the smuggling activities, and based on the clues provided by him, the case was seized. At the same time, it said that when the informant provided clues, although he repeatedly proposed to the customs to ensure the safety of the maritime transport personnel, namely Fang Rui, the customs made it clear at that time that it could not guarantee it. ”

Xiao Xichuan's death left too deep an impression on Han Jun, and after thinking about it, he asked expressionlessly: "How did the court decide?" ”

This incident was so outrageous that Lu Zhanchen said with a smile: "The first instance found him not guilty, believing that although he had objective smuggling, the purpose was to help the customs seize the smuggled goods and obtain bonuses, and lacked the subjective intent to commit a crime; However, the verdict also found that although the two crew members he hired were found to be smuggling goods and questioned them, they committed crimes after he increased his salary, which constituted the crime of smuggling goods. ”

To his great surprise, Professor Han University said lightly: "There are many problems in the first-instance verdict, because no matter what country it is in or what laws it is followed, no institution or individual, including customs, has the right to smuggle, let alone allow anyone, including informants or intelligence agents contacted by informants, to personally participate in smuggling activities."

Therefore, even smuggling activities carried out with the consent of the customs do not change the nature of the smuggling acts. At least legally, Fang Rui's actions have constituted the crime of smuggling ordinary goods. In addition, it was unfair to find that two crew members hired by him were smugglers, but they found him not guilty. ”

"The procuratorate also thinks so, so it protests."

"This shows that the prosecutor is very fair, and in order to obtain the bonus of the Customs Anti-Smuggling Bureau, he took the initiative to hire personnel, and used his own boat, personally organized, planned, and participated in smuggling activities, and deliberately created a criminal case of smuggling, and his behavior cannot be regarded as a report."

Xiao Chenyu couldn't figure it out, and was silent for a while before he said softly: "Professor Han, what is the difference between such a sentence and crossing the river and demolishing the bridge, who will provide clues to the judicial department after doing this?" ”

Han Jun smiled and asked, "Does it feel unfair to the informant?" ”

"Isn't it?"

"Then why not legislate for protection, and in the case of lagging legislation, the customs can issue a certificate in his favor."

The law is nothing more than human feelings, and in this case, the attitude of the customs is very important.

Lu Zhanchen nodded and said, "Professor Han is right, the procuratorate is acting in accordance with the law. But the customs was too inauthentic and actually denied that Fang Rui had reported it. They want to investigate smuggling and make meritorious contributions, but they also don't want to be accused of knowing the law and breaking the law. Be vague in advance and do not tell others about the legal risks. Afterwards, he crossed the river and demolished the bridge, leaving people aside. ”

In the first half of the year, he assisted the Nanjing Municipal Bureau in cracking a serial murder case, and the suspect was an informant of a police station.

This relationship inadvertently created difficulties in the investigation of the case, and after the suspect was arrested, the city bureau and the sub-bureau were furious and wanted to pursue the responsibility of the police. But the director made it clear that the police had done nothing wrong, and they were very humane, and in the end, it was over, and no one mentioned the matter of investigation.

Zhang Xiang was very clear about Professor Han's position, pushed the car window, lit a cigarette and asked, "Lu Bureau, how is the final judgment decided?" ”

"The final trial determined that Fang Rui subjectively did not have the intention of smuggling to evade customs supervision, and it was on the basis of his report that Zhanjiang Customs cracked the case, rejected the Municipal Procuratorate's protest, upheld the original verdict, and Fang Rui was not guilty."

Lu Zhanchen's words changed: "He was detained for nearly a year, not only did he lose his freedom, but his ship was also detained for two months. Under normal circumstances, a ship like his can earn more than 2,000 a day and lose more than 100,000 yuan, and the captain's certificate and identity document were seized for more than two years, and they were not returned until the final judgment was found innocent.

However, state compensation is only for the personal loss of the person concerned when his or her freedom is restricted, and does not include other economic losses such as property. According to the current law, even if the application is successful, the amount is only 20,000 or 30,000. As for the economic losses caused by the detention of the ship, the detention of documents, and the inability to operate, there is no basis for applying for compensation. ”

"Surely he hates customs?"

Lu Zhanchen reacted and asked with a look of surprise: "Professor Han, do you suspect that he is related to the murder?" ”

Either suspicion, or he did it.

Han Jun did not answer this question directly, called up a copy of the information provided by the customs, and turned the monitor in front of him: "Fang Hailan, 31 years old, a legal person of Heilan Trading Company, was entrusted by a customer in March last year to order 3 power generation equipment from a company in Hong Kong. The contract was signed, and the actual transaction price was 780,000 US dollars plus 2.98 million yuan.

In order to seek greater benefits, he discussed with the Hong Kong company to split the signed transaction contract into three separate small contracts: an equipment purchase contract, a power generation equipment technical service contract, and a power generation equipment commission contract, and only declared the equipment purchase contract of US$780,000 to the customs for importing from Hong Kong to Zhanjiang.

They delivered the three diesel engine units to the customer and installed them in November 2012. During the inspection on December 28, 2012, the Customs found that it understated the actual transaction price and was suspected of smuggling, and the Anti-Smuggling Bureau of Customs found that the above-mentioned three generator sets had evaded a total of RMB 855,260 in taxes and imposed a fine of RMB 900,000. ”

The ID card information shows that his household registration is in the same district, the same town, and the same village as Fang Rui, and they both have the surname Fang, Lu Zhanchen asked in surprise: "Director Han, do you think they are accomplices?" ”

"Before coming, Xia Moqing, the deputy director of our '801' intelligence research and judgment expert, carefully analyzed the smuggling cases in the past few years and found that the smuggling gang showed an obvious trend of family-style smuggling. Family members, who are related, well-organized, and have a strong sense of anti-reconnaissance, are more difficult to crack than traditional smuggling gangs, and I feel that we should investigate what they are doing and whether it has anything to do with the murder we are investigating. ”

It's better to have a direction than no clue, Lu Zhanchen agreed without hesitation: "Okay, I'll arrange someone to carry out a side investigation." If it is really suspicious, immediately go to technical means. (To be continued.) )