Chapter 658: Chapter 206: This Regulation Doesn’t Exist in Handong?
It Will From Now On_3 Chapter 658: Chapter 206: This Regulation Doesn’t Exist in Handong?
It Will From Now On_3 “You want evidence, I’ll give you evidence.
These are the pieces that you collected in the first place to prove Huang Licheng’s guilt.
Now I’m using these same pieces of evidence to report a crime, proving that the village committee of Er Tou Village is guilty.
Tell me if there is any problem with that!”
Normally, such an act would be impossible to achieve.
Things like interrogation transcripts are inaccessible unless you’re a defense attorney.
But now, Old Tang has managed to pull it off.
Who dares to say there is a problem with this evidence, come forward and have a word with the Public Security Bureau of Changlu County.
Anyway, Old Tang believes there is no issue at all.
Jia Zhaoming was completely stunned.
This evidence was eerily familiar; as the head of the legal affairs department, he had overseen the transfer of the evidence initially…
However, this man opposite was actually using the evidence to report a crime now, which was simply outrageous. Latest content published on novel•fire.net
Even Jia, with his years of police experience, had never seen such a bold move.
He felt like he urgently wanted to say something, but he was at a loss for words…
“Chief Jia, please have a look, could a case be filed?
The value of those fruit trees is not low, and it is now easy to investigate.
Right after Huang Licheng was arrested, the remaining trees were still cleared, which can be easily traced.”
After swallowing hard and scrutinizing the evidence for a long time, Jia Zhaoming finally said, “Lawyer Tang, under normal circumstances, these pieces of evidence would indeed warrant filing a case.”
“But now there’s a problem.
You’re reporting the crime, so who is the criminal suspect?
You should know that the decision to not lease out the land, as well as demolishing the orchard, was made after a village meeting.”
As the leader of the legal affairs department, Jia Zhaoming was quite capable and quickly identified the issue at hand.
A criminal act must involve a criminal suspect.
Normally speaking, the village committee would be considered an organization, and thus the crime could be classified as unit crime.
But here’s another issue, one that Old Tang had previously discussed with Director Zhang of the legal aid center: is the village committee considered an organization in terms of unit crime?
This is a problem not widely studied in theory, but it often comes up in judicial practice.
The village committee is a grassroots autonomous organization, whereas the penal code stipulates that the subjects for unit crimes include companies, enterprises, institutions, government bodies, and associations, but not grassroots autonomous organizations.
Therefore, many judicial personnel believe that the village committee does not qualify as a subject of unit crime.
Similarly, the Ministry of Public Security also has a “Reply from the Ministry of Public Security Regarding Whether a Village Committee Can Constitute the Subject of a Unit Crime,” which negates the village committee as a subject of unit crime.
However, as time has progressed, practical issues have arisen; hence, some provinces’ judicial departments have issued corresponding clarifications that include village committees as subjects of unit crime.
Otherwise, it creates legal loopholes.
There have been cases before where it’s difficult to determine if the crime is a unit crime because it doesn’t fit the definition, but it can’t solely be considered an individual crime either since there was an organization-wide decision.
That’s quite a conundrum.
And on this side, Old Tang responded, “This indeed requires some consideration, but from the perspective of criminal law, the village committee should belong to the subject of unit crime.
Some places have already passed judgments reflecting this point.”
However, Jia Zhaoming shook his head and said, “That still won’t do.
At the very least, in Handong, there’s no such regulation.
Lawyer Tang, if you want to file a case, it’s best to find some…
find some other kinds of evidence.”
If it were someone else talking about how things are done in other places, Old Jia would have already dismissed them, but after all, this is Tang Fangjing; it’s better to explain a bit.
But he couldn’t say that outright.
Across from him, Old Tang was not surprised in the slightest and countered, “Then let the bureau issue a decision not to file the case!”
No such regulations, right?
Wait until I’m done with this case, and then there will be!