2020-11-20

The farmer was demolished and became a”fraudster” after being compensated, and the retrial was finally acquitted

By yqqlm yqqlm

Reporter/Li Dong

Editor/Liu Mi

getInterUrl?uicrIvZQ=df1e4f6f7bc4898f2bee035546742124 - The farmer was demolished and became a"fraudster" after being compensated, and the retrial was finally acquitted

Lu Zhigang is finally free

“Lu Zhigang is not guilty”. Following the fall of the legal gavel, and after being sentenced to 12 years in prison in the first and second trials, Jilin Siping farmer Lu Zhigang was finally released during the retrial.

In the early morning of October 3, 2015, The demolition team smashed Lu’s farm buildings and damaged private cars. After Lu Zhigang reported the case, the police investigation failed, and the Lu family resorted to letters and visits. Since then, under the mediation of the police, Lu Zhigang has reached an agreement with the developer Huayu Group, who has not obtained land use procedures and is not qualified to expropriate. The latter paid a total of 7 million yuan in compensation for demolition and relocation. Lu Zhigang signed an interest visit agreement on the same day, but on the day of payment, Huayu Group reported that it had been defrauded.

The public prosecutor’s crime of”contract fraud” In the prosecution, although Lu Zhigang himself and his defender repeatedly pleaded not guilty, the courts of both instances considered the charges to be guilty.

Before Beijing Qingshen was once”” The fraud case supervised by”Li”:The prosecutor suggested that it be sent back for retrial, and the court has conducted a detailed investigation on this matter according to the verdict. After media reports, the Jilin Provincial Procuratorate filed a protest against the case, and the Jilin High Court decided to retry the case in March 2019. One and a half years after the retrial was held, Lu Zhigang was sentenced to not guilty.

getInterUrl?uicrIvZQ=af72f5661643e6e0895601362ec33d5d - The farmer was demolished and became a"fraudster" after being compensated, and the retrial was finally acquitted

In 2002, the village accountant corrected and re-signed the original contract based on the actual contract situation at the time. More than ten years later, this became evidence accusing Lu Zhigang of fraud

Want to hurry See your parents at home

since 2018 On May 8, 2008, Lu Zhigang was sent to Xingye Prison in Jilin Province to serve his sentence. The Lu family believed that the sentence was unfair and sought help from a lawyer. After the retrial of the Jilin High Court opened, the Lu family began to urge the verdict. Lu Zhigang’s sister, Lu Yanxia, ​​asked the judge of the Jilin Higher People’s Court several times about the sentencing time, and received”wait for a while” many times.

Received the notice that the trial will be announced on November 17, 2020 In the afternoon, the clerk of the Jilin Higher Court called and notified the venue and time of the court session. This made the Lu family feel”finally looking forward to it.”

In recent days, it has been snowing in Siping on the road from Siping to Xingye Prison It’s frozen. Lu Zhigang’s sister and the other four set off from Siping the day before. They walked for 4 hours on the original 2.5-hour journey. Lu Yanxia felt that”this is the last difficult road.”

After the court session this morning, Lu Yanxia and his team of four and defense lawyers were all due to the epidemic The reason was not allowed to enter the court. After the sentence was announced, they saw that Lu Zhigang was on the roadside 5 kilometers away from the prison, and the court staff sent him here. When Lu Yanxia saw Lu Zhigang, she was sure that”he was thinner.”

The retrial judgment shows that the Jilin Higher People’s Court believes that Lu Zhigang has no subjective The purpose of illegal possession, objectively did not carry out the act of fabricating facts and concealing the truth, his behavior did not meet the constitutive requirements of the crime of contract fraud, and did not constitute the crime of contract fraud. Xu Yongping, Lu Zhigang’s defense, emphasized that this is factual innocence, not suspected crime.

At the moment when he heard the verdict of not guilty, Lu Zhigang cried . He once confided to Bei Qingshen that he was arrested while accompanying his father in the hospital for rescue. During his detention, he thought,”If my father is gone, I won’t live!” One of the detainees heard his case. Persuading him”you will definitely be able to reverse this case”, and he slowly gained confidence. After being thrown into prison, his family brought news of his father’s safety, and he was at ease.

Lu Zhigang is 1.6 meters tall and weighs over 120 before being caught He weighed less than 100 jin during his detention. Out of the court, he hugged his family.

Stepping out of the prison gate, Lu Zhigang said that compared with accountability and compensation , He now wants to see his parents as soon as possible.

Compensation after forced demolition

At around 1 am on October 3, 2015, Lu Guanglin’s contracted land in the fourth group of Haifeng Village, Siping City was demolished by unidentified persons.

Through monitoring and on-site observation, the hook machine ripped off the Lu’s In the dovecote, more than 100 men with clubs, picks, and machetes entered the dovecote from the breach in the destroyed dovecote.

Lu Guanglin’s son, Lu Zhigang, immediately dialed 110. The alarm receipt issued by the Pingxixiang Police Station showed that Lu Zhigang reported the case orally, saying that he had been illegally demolished. The demolished house was worth 1.92 million yuan, and more than 200 pigeons were worth 60,000 yuan, totaling 1.98 million yuan.

The Lu family introduced that since 1983, the Lu family has contracted from the village 12.1 acres of land. The land is divided into two pieces, one is 4 acres of front vegetable land, and the other is 8.1 acres of rear land. In 2002, 4 acres of former vegetable land was expropriated due to the IRS building project. Since then, only 8.1 acres of land remain in the Lu family. In the past, only corn was grown on this land. Later, residential housing, agricultural buildings, vineyard sheds, The bacteria breeding room, pigeon breeding room, etc., the entire plot is surrounded by walls.

The police on the scene did not arrest, and the demolition personnel were automatically dispersed. Lu Zhigang once provided the police with clues about the forced demolition and smashing, but he did not receive a notice to open the case and the case has not been solved. The Lu family began to petition on this matter.

The case of Fan Wencai, deputy director of the Baosuo of Tiexi Public Security Bureau This matter. In January 2016, Fan Wencai invited Wang Lixin, deputy general manager of Huayu Group, and Zhao Jun, then secretary of the Pingxi Township Party Committee, to his office and asked them to discuss demolition compensation with Lu Zhigang.

Fan Wencai’s”Statement of Information” mentioned that Lu Zhigang’s On this matter, he has repeatedly petitioned branch bureaus, cities and provinces. After mediation by the Public Security Bureau, the Huayu Group and the Luzhigang family finally reached a compensation agreement. The Huayu Group gave the Luzhigang family 7 million yuan in compensation. This 7 million yuan included petitioning to quell the damage to the Luzhigang family’s house. Lu Zhigang signed another visit agreement for the cost of the incident. In the visit agreement, Lu Zhigang made it clear that he would not petition.

Signed by Lu Zhigang authorized by his family on January 25, 2016″Siping City Collective Land Acquisition Compensation and Resettlement Agreement Currency Compensation Agreement”. In the agreement, Party A is Huayu Group and Party B is Lu Zhigang, indicating that the land acquired is used for the”Huayu City Project”.

The compensation items listed in the annex to the agreement, including houses and attachments, etc. 9 items total 2.5534 million yuan, and the 10th land resettlement compensation fee is 4,446,528 million yuan, totaling 7 million yuan.

What the Lu family did not expect was that Wang Lixin, vice president of Huayu Group, in 2016 Reported to the police on the grounds of being defrauded on the day the payment was completed on February 5, 2010. On March 3, 2016, Tiexi Public Security Bureau filed a case with Lu Zhigang suspected of fraud.

getInterUrl?uicrIvZQ=d0e5eae414b3fc78737c3a0ef02a8234 - The farmer was demolished and became a"fraudster" after being compensated, and the retrial was finally acquitted

Huayu Group is Jilin A well-known real estate company in Siping City, Province

From 12-year sentence to acquittal

In 2016, the procuratorate approved the arrest of Lu Zhigang for the crime of concealing and concealing criminal proceeds, and finally prosecuted Lu Zhigang for contract fraud.

alleges that on January 25, 2016, Lu Zhigang used the The 4-38contract was entrusted by his family and signed a compensation agreement with Huayu Group. The 8.1″post land” has been cultivated by Lu Guanglin and his family for many years, but they have not actually obtained the”Collective Land Contract Certificate”. After the signing of the agreement, the defendant Lu Zhigang received 7 million yuan in compensation for demolition and land compensation from Huayu Group, of which the compensation for houses and attachments built on 8.1 acres of”post-big land” agricultural land was 2,553,472 yuan, and the land resettlement compensation was 4,446,528 yuan. , Lu Zhigang took advantage of the land acquisition and demolition of Huayu Group to defraud the land resettlement compensation fee of 4446528 yuan.

However, in an interview with a reporter from Shenzhen Yidu, the fourth group of Haifeng Village A number of villagers confirmed that they contracted the back land like the Lu Guanglin family. The old contract did not indicate it at first, and many villagers corrected it in the contract, and they received compensation normally after the demolition.

Lu Zhigang’s defender Xu Yongping believes that Lu Zhigang does not have illegal The direct intentional and subjective purpose of possession of public and private property, there is no objective behavior of falsifying facts and concealing the truth, and the evidence in the case cannot prove that Lu Zhigang constituted the crime of contract fraud. He also pointed out that Huayu Group did not obtain the land use right during the demolition and did not have the right to demolition. This case is an economic dispute case that the judicial organ should not intervene. If Lu Zhigang should not be compensated for the land, Huayu Group should negotiate or file a lawsuit in the court as agreed.

A message on the official website of Huayu Group stated:April 28, 2015 In the morning, Siping Municipal Party Secretary Liu Xijie, Deputy Mayor Wang Yu and other leaders cordially inspected the construction of Huayu Group’s”Huayu City” project and fully affirmed the construction of the project. Zhao Hongxin, chairman of Huayu Group, accompanied the inspection.

Liu Xijie and Wang Yu fell from the horse in June and September 2017. The public information did not show whether Zhao Hongxin, who was suspected of bribing Liu Xijie of 130,000 euros, was held accountable.

Fan Wencai told the Lu family that the Lu Zhigang fraud case was in the city In the supervised case, he was indeed responsible for resolving the forced demolition in the early stage. “Now people are backhanding you that this thing is false, I don’t know.” Fan Wencai said that he was in charge of letters and visits and was not involved in the suspected fraud case of Lu Zhigang. Investigation work.

The Tiexi District Court made a judgment in January 2018 and found Lu Zhi Gang knows that neither he nor his family have signed a contract with Haifeng Village for the”post-land” land to be relocated, and has no legal land contracting and management rights for the land. In order to defraud the land relocation and resettlement compensation, he holds a modified 4-38 contract The contract signed a collective land acquisition compensation and resettlement agreement with Huayu Group, defrauding the territorial resettlement compensation of 4,446,528 yuan. The verdict found Lu Zhigang guilty of contract fraud and sentenced him to 12 years in prison,

Lu Zhigang refused to accept and filed an appeal. In the court of second instance, Liu Ying, the prosecutor of the Siping City Procuratorate, expressed his opinion that the case was “unclear and insufficient evidence” and suggested that the original sentence should be revoked and sent back for retrial. However, the Siping Intermediate People’s Court did not adopt this opinion, and the final ruling upheld the original judgment.

After the Lu Zhigang case was reported by the media, the Jilin Provincial Procuratorate After filing a protest, the Jilin High Court decided to retrial in March 2019, and the retrial was held on May 23, 2019. The prosecution issued a protest in court and held that Lu Zhigang did not constitute a crime of fraud.

<

p style=”text-align:justify”>[Copyright Statement] This article is a manuscript of the”Plant Trees”, which was exclusively published by Beijing Youth Daily on today’s headline , Any third party is not authorized to reprint.