indianbanksassociation Chapter 199 Obstruction
Chapter 199 Obstruction
Chapter 199 Obstruction
Yang Lingfeng said: "I understand. Although they dare not go against the decisions of the Kunlun Sect and Wudang Sect next year, they will definitely fight with each other in private."
"That's right," Yang Xuan said, "If they unite as one, we really won't be able to find any evidence of their crimes, but as long as they fight each other, we can take advantage of the opportunity and find flaws between them."
Yang Xuan looked at Yang Lingfeng and said, "Captain Yang must have dispatched quite a few undercover agents in order to deal with the Jianghu forces over the years."
Yang Lingfeng smiled and said, "Brother Yang Xuan is right, they have been lurking for several years, just for today."
Yang Xuan said: "The first step is to collect the evidence, no matter what the evidence is, as long as they can give them a sentencing, all will be sent over; the second step will be obtained by Captain Yang and the local public security system after I have collected most of the evidence. Contact, and then come to arrest people; the third step, if these sects are willing to let you bring people, their strength will definitely have a great impact, and other sects will definitely stare at them, then we can wait again They break the law to bring them back, and they can beat them all over and over."
Yang Lingfeng added: "If they don't cooperate, we can justifiably apply for an arrest warrant from above, and then Senior Jiang will arrest them."
Yang Xuan said: "If they want to forcibly protect the offenders, then the general mobilization will have sufficient reasons to bring back all the people from the entire sect."
"But..." Yang Lingfeng hesitated.
Yang Xuan watched Yang Lingfeng all night, and asked, "Captain Yang must still be in trouble."
Yang Lingfeng nodded and said, "It's because I thought things too simply. I always thought that as long as Senior Jiang took action, I could understand everything. Now it seems that it is not enough."
Yang Xuan asked: "Are there any deficiencies?"
Yang Lingfeng thought for a while and replied: "There are many things that have not been fully considered. Firstly, for such an inter-provincial operation, my status as the criminal police captain of the Tianhai City Public Security Bureau is not enough. I can ask them to cooperate with our actions. , but we have no right to mobilize them, but even dispatching all the police forces in Tianhai City is far from enough; the second is the police lurking in the Jianghu forces. In order to prevent the Jianghu forces from becoming suspicious, we went undercover in areas outside the local jurisdiction. It can be said that I only know about the undercover agents dispatched by our Tianhai City Public Security Bureau, and I don't know about the undercover agents dispatched by other areas. It can be said that by the time the evidence is collected, there are only a dozen people, and this kind of work efficiency is far from enough; the third is Sentencing issue.”
After a pause, Yang Lingfeng continued: "Brother Yang Xuan is not a member of the police, even if he has a certain understanding of the law, he still doesn't know the procedure between conviction and sentencing.
The first step is to file a case first: when a suspected crime occurs in the society, the investigative agency may intervene based on reports, accusations, reporting, and the surrender of criminal suspects by relevant units or individuals. If there are criminal facts in the incident and the perpetrator should be investigated for criminal responsibility, the case will be filed, thus starting the criminal procedure.The investigative agency here generally refers to the public security agency.Criminal cases are mainly investigated by the public security organs.
In addition, the procuratorate is responsible for the investigation of criminal cases involving the use of power by state staff; the national security agency is responsible for the investigation of crimes suspected of endangering national security; the military security department is responsible for the investigation of suspected military crimes; criminal cases in prisons are investigated by the prison .
According to the provisions of my country's "Criminal Procedure Law", some cases can only be handled if the parties directly go to the court to sue the court, and neither the public security organs nor the procuratorate will directly intervene. This is the so-called private prosecution case in the above diagram.It includes cases of insult and defamation (except those seriously endangering social order and national interests), cases of violent interference with freedom of marriage, cases of abuse, and cases of embezzlement. "
Yang Xuan handed Yang Lingfeng a glass of water, Yang Lingfeng drank it down, and then said: "The second step is the investigation: after the investigation agency files the case, the investigation begins. There are two purposes of the investigation, one is to find the criminal, and one is to find the criminal. It is to collect evidence that can prove the facts of the case. After investigation, in order to prevent the person who has evidence to prove that there is a criminal suspect from hindering the normal progress of the lawsuit, such as preventing the criminal suspect from colluding with confessions, destroying evidence, escaping, and committing suicide, various measures can be taken with different intensities. common coercive measures, such as release on bail, detention, and arrest.
In order to clarify the truth and collect evidence, the public security organs have the power to interrogate criminal suspects and witnesses, conduct inquests, inspections, searches, seize physical and documentary evidence, organize appraisals, issue arrest warrants and other investigative measures.
After the criminal suspect is interrogated for the first time by the investigative organ or from the day on which compulsory measures are taken, he may hire a lawyer to provide him with legal advice and represent him in making appeals or accusations.
In fact, the biggest purpose of the investigation is to obtain evidence. After a series of investigation activities, the investigation agency should make a decision to withdraw the case if it finds that the criminal suspect should not be held criminally responsible during the investigation process, and make a "Decision to Cancel the Case". If a person has been arrested, he shall be released immediately and a release certificate shall be issued.
If it is believed that the facts of the case have been basically ascertained, the evidence is reliable and sufficient, the nature of the crime and the charges have been determined correctly, and the criminal suspect should be held criminally responsible according to law, a "Prosecution Opinion" will be written and transferred together with the case file materials and evidence to the people at the same level. Procuratorate review decision.If the crime is considered to be minor and there is no need to impose a penalty or be exempted from punishment according to law, the public security organ may indicate that the case is met with conditions for non-prosecution when transferring the case for review and prosecution, and the procuratorate will review and decide whether to prosecute or not to prosecute. "
"The third step is to review and prosecute: After the procuratorate receives the case transferred by the investigation agency, the case enters the stage of review and prosecution. At this stage, the procuratorate will conduct a comprehensive review of the "Prosecution Opinion" and all case files and evidence, and interrogate the criminal. The suspect, listen to the opinions of the victim, listen to the opinions of the criminal suspect and the client of the victim, investigate and verify other evidence, and if he believes that the facts of the case are unclear and the evidence is insufficient, and the case needs further investigation, he may decide to return it to the investigation agency for supplementary investigation.
In addition to the above-mentioned cases that are returned for supplementary investigation and the investigation agency cancels the case, after the procuratorate examines the facts of the case and the facts of the case are clear and the evidence is reliable and sufficient, there are two ways to deal with it: one is for criminal suspects who should be investigated according to law. If there is no criminal responsibility, file a lawsuit in the people's court; second, if the criminal responsibility should not be investigated according to law, or there is no need to impose a criminal penalty or exemption from punishment according to law, or the case evidence for supplementary investigation is still insufficient, the case will not be handed over to the people's court for trial, that is, Do not prosecute. "
"Then comes the trial: after the court receives and examines the cases transferred by the procuratorate, except for cases involving state secrets or personal privacy, the court will generally open the trial. After the court hearing, according to the facts, evidence and relevant laws stipulated that the following judgments were made respectively:
([-]) The facts of the case are clear, the evidence is reliable and sufficient, and if the defendant is found guilty in accordance with the law, a guilty verdict shall be rendered;
([-]) If the defendant is found innocent in accordance with the law, a verdict of innocence is rendered;
([-]) If the evidence is insufficient and the defendant cannot be found guilty, a not guilty verdict shall be made because the evidence is insufficient and the alleged crime cannot be established.
After the judgment is pronounced, if the defendant and the procuratorate do not file an appeal or protest, the judgment will take effect and be delivered for execution 10 days later.If the defendant is not satisfied with the judgment, he may appeal orally or in written form within 10 days.The procuratorate may file a protest against the verdict.
After receiving the appeal or protest, the court of second instance may hold a trial, or may only conduct a written trial.If it believes that the court of first instance found the facts and applied the law correctly, it shall uphold the original judgment; if it believes that the court of first instance found the facts correctly but applied the law wrongly, it shall revoke the original judgment and directly revise the judgment; Back to retrial.The judgment made by the court of second instance is final, and generally, the criminal procedure ends here.
After the judgment is made, if the procuratorate or the defendant has objections, they can protest and appeal according to law, but the appeal and appeal do not necessarily initiate the retrial procedure.
After the above is completed, it is the final execution: execution refers to the activities carried out by the criminal enforcement agency to implement the content determined by the judgment and ruling that has already taken legal effect. and prisons etc. "
After finishing speaking, Yang Lingfeng drank another glass of water, and continued: "It can be said that such a big operation this time not only involves our Tianhai City Public Security Bureau, but also other public security agencies, investigative agencies, people's courts, and prisons. Moreover, the identities of people in Jianghu are sensitive, there are a large number of people, and a lot of human resources are needed, even if we collect their evidence at that time, it will be difficult for us to take the next step."
Xiao Pangdun asked: "Captain Yang, since we have the evidence of their crimes, why do we need to carry out these useless steps, can't we just arrest them and sentence them?"
Yang Lingfeng sighed and said: "No, everyone is equal before the law, and criminals are also human beings. Human beings may make mistakes. It is not terrible to make mistakes. What is terrible is that they will not change. Every citizen of our country enjoys personal rights. Even villains who are heinous and seldom seen in a thousand years still have human rights, and these necessary procedures must be followed."
Xiao Pangdun said: "But according to what you said, it is difficult for us to even file a case for them, not to mention there are still a lot of steps behind."
Yang Xuan thought for a long time, and then asked: "Captain Yang, is it possible to report to the higher-ups that we have to deal with the Jianghu forces, and the higher-ups will order relevant departments from all over the country to help."
Yang Lingfeng sighed, and said: "Originally it could be like this, but after what happened last time, and I'm just a small captain of the criminal police, the procedures I went through were even more complicated, and there were countless people involved. The more likely it is that the news will leak out.”
Little Fatty asked: "Could it be that we have prepared for so long, but in the end we can only do some useless work?"
Yang Xuan was still in deep thought, and then said slowly: "I don't believe that this world can really reach the sky with its hands and eyes."
The cruelest thing in this world is to carefully prepare for something, but have to give up the plan due to various reasons.But Yang Xuan is not a person who can give up lightly, he would rather give it a go than give up.
Jiang Yuefeng glanced at Yang Xuan and said, "Do you have another idea?"
Yang Xuan said: "For this matter, we will apply to the higher authorities for coordination with relevant departments in various places."
Yang Lingfeng said: "Brother Yang Xuan, I can understand your feelings, but..."
Before Yang Lingfeng finished speaking, he was interrupted by Yang Xuan waving his hand, and said: "I know, you are worried that the news about our dealing with the Jianghu forces will leak out. But all the things we are doing now have attracted the attention of the Jianghu forces. And even the news that Senior Jiang joined the public security system has been spread in Jianghu. So we are not afraid that they will be on guard, but we are afraid that they will resist the greed in their hearts."
Yang Lingfeng asked: "Little brother Yang Xuan means..."
Yang Xuan's eyes flickered, and he said: "I once saw a story, and the protagonist of the story was a treasure map. A long time ago, an emperor feared that his subjects were too powerful, so he thought of a plan and ordered his subordinates to The guard drew a treasure map, and then intentionally spread rumors that a huge treasure was recorded in this treasure map, and there was a Nine Dragon Cup in the treasure. "
"When the news was first released, he didn't believe this kind of thing, and the emperor also left behind. About a month after the news was released, when everyone had forgotten the news, he ordered The royal inner guard secretly checked the whereabouts of the treasure map. The royal inner guard was very puzzled, because they knew that the treasure map was completely non-existent, but the emperor still asked them to find it, and told them that they must reveal their identities unintentionally .
The Royal Guards were originally the exclusive agency of the emperor. They always respected the emperor's order in their daily activities, and they were extremely secretive. Apart from the emperor, only a few important officials knew of their existence.But the emperor's order is very strange but they have to act according to the emperor's order. "
Jiang Yuefeng interjected, "I've heard this story. In the end, the royal guards leaked the news to the general and the prime minister respectively according to the emperor's orders. Both the general and the prime minister promised to help the emperor find the treasure map on the surface. Take the treasure map for yourself.
Later, as the generals and prime ministers quarreled with each other, all the civil and military officials in the court also stood in line, but everyone had a ulterior motive and wanted to get the treasure and become the lord of the world.The battles in the imperial court cannot escape the eyes and ears of the people in the rivers and lakes. Soon the news of the treasure map spread throughout the rivers and lakes, and everyone in the rivers and lakes also moved.
After two years of fighting, no matter whether it was the general, the prime minister, or those who wanted to be the emperor, all the people in the rivers and lakes were dead or injured. Finally, the emperor was closing the net and all those who participated in the treasure map competition were rebelled. In the name of all cleared. "
Yang Xuan laughed and said: "Senior is indeed very knowledgeable. I only noticed this matter in a small corner of history. I thought that there were not many people who knew about it. It seems that I am a master of my own profession."
Yang Lingfeng asked: "I don't know what brother Yang Xuan meant by telling this story?"
Yang Xuan said: "That depends on how Captain Yang understands."
Yang Lingfeng thought for a while, and said: "Just using a non-existent treasure map, we can test out who among the civil and military officials is completely loyal, and who is harboring evil intentions, who have long had objections, and can also convince these important officials Kill each other, and finally the emperor will come forward to clean up the mess."
"That's right." Yang Xuan asked again: "But this layout is not considered exquisite, but why are so many people still willing to go crazy for a illusory Nine Dragon Cup and a non-existent treasure map?"
Yang Lingfeng's eyes lit up, and he said, "It's greed."
Yang Xuan said: "It is greed, and greed can often make people lose their minds."
(End of this chapter)