Henan peasant womens extortion of the government case sentenced to 3 reprieve and 4 maintain the crime of causing trouble

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 Henan peasant womens extortion of the government case sentenced to 3 reprieve and 4 maintain the crime of causing trouble


According to the judgment, from April 2010 to December 2012, Feng Gaidi, the defendant, repeatedly went to Beijing for abnormal petitions on the grounds of unfair handling of the dispute between her neighbor Jiao Shuming and others. Feng Gaidis non visit behavior caused psychological pressure and fear on the staff and leaders of many units, and also caused adverse effects on the relevant units in Neihuang County. Six units paid 600000 relief money because they were afraid of investigating the stability control responsibility of letters and visits, and had a sense of coercion and fear of being coerced. In order to stabilize the overall situation, the staff were reluctant to do so The act of giving out.

Then Feng Gaidi appealed.

On July 3, 2015, Anyang intermediate peoples court revoked the first instance judgment and sent it back to Neihuang County Court for retrial. On September 1 of that year, Anyang City Intermediate Court assigned the case to the court of Beiguan District of Anyang City. On September 29, 2015, Neihuang County procuratorate transferred the case to Beiguan District procuratorate for jurisdiction. Since then, the Beiguan District procuratorate twice returned the case to the Public Security Bureau of Neihuang County for supplementary investigation.

On May 17, 2016, the court of Beiguan District held a court session to hear Feng Gaidis case. The Beiguan District procuratorate added the crime of provocation in the indictment, reducing the original amount of extortion to 10000 yuan.

Feng Xiaolei told surging news that on January 22, 2017, he received a notice from the Beiguan District Court that the case had been transferred to Jiyuan City Court for jurisdiction. Beiguan District procuratorate also transferred the case to Jiyuan City procuratorate. On the same day, Feng Gaidi was transferred to Jiyuan detention center.

On March 9, 2017, the last day of the review and prosecution period, Jiyuan municipal procuratorate changed the compulsory measure against Feng Gaidi to obtain bail pending trial. On the same day, Feng Gaidi, who had been in detention for nearly two years and eight months, was released on bail.

On November 27, 2019, Jiyuan City Court made a retrial judgment on the case, holding that: Feng Gaidi has been to Beijing and other sensitive areas for many times because of disputes with neighbors in building houses, and the expansion of houses has been dealt with by urban management departments. After being admonished and administratively punished by the public security organs, she still does not make corrections, and continues to make abnormal petitions to key areas or non complaint reception places, causing serious disturbance His behavior has constituted the crime of provocation and provocation.

For the prosecutions accusation of extorting 10000 yuan from public servants, Jiyuan municipal court held that the existing evidence was verbal evidence, and the statement of verbal evidence was inconsistent in terms of when Feng Gaidi claimed 10000 yuan, the time sequence of collecting 10000 yuan, and the amount of payment. Whether the 10000 yuan was the 10000 yuan taken away before Feng Gaidi was returned is not clear, and the existing evidence can not be proved Feng Gaidi of the Ming Dynasty was forced to take the case and refused to confirm the accusation.

To sum up, the Jiyuan City Court found that Feng Gaidi committed the crime of making trouble and was sentenced to 3 years imprisonment and 4 years probation. Later, Feng Gaidi appealed.

Previously reported:

Henan rural womens extortion of the government case in the second instance upheld three reprimands and four reprimands. Family members said they would continue to appeal for innocence

Recently, the second instance of Henan peasant women extortion the government case was pronounced. On August 4, 2020, interface news learned from Feng Xiaolei, the son of Feng Gaidi, that Jiyuan intermediate peoples Court of Henan Province upheld the original sentence and sentenced Feng Gaidi to commit the crime of provocation and affray, with a fixed-term imprisonment of three years and a suspended sentence of four years.

According to the criminal ruling provided by Feng Xiaolei, the intermediate peoples Court of Jiyuan City, Henan Province, held that Feng Gaidi, the appellant, had repeatedly visited Beijing and other sensitive areas because of disputes with neighbors in building houses, and the expansion of houses was handled by urban management departments. After being admonished and administratively punished by the public security organs, he still did not make corrections and continued to make abnormal petitions to key areas or non complaint reception places His behavior has constituted the crime of provocation. The peoples court ruled to reject the appeal and maintain the first instance judgment.

As for the illegal procedure raised by Feng Gaidi and his defenders, Jiyuan Municipal Peoples Procuratorate did not conduct a refund and compensation procedure during the period of examination and prosecution. In addition, the trial time of the first instance has exceeded the statutory time limit, but the peoples Court of first instance has gone through the corresponding examination and approval procedures for extending the trial time limit in the trial process.

Feng Xiaolei told interface news that he would continue to appeal in accordance with the law, the mothers attitude is also very firm, and she must be acquitted.

Feng Gaidi, a rural woman in Henan Province, has been detained by the Public Security Bureau of Neihuang County for extortion for many years because of the unresolved dispute with her neighbors. The case has aroused widespread concern in the society.

On December 26, 2014, the peoples Court of Neihuang County, Anyang City, Henan Province ruled that Feng Gaidi was guilty of extortion and was sentenced to 11 years imprisonment and 30000 fine. According to the judgment of the first instance, the prosecution accused Feng Gaidi of making irregular petitions to Beijing for several times due to disputes with his neighbor Jiao Shumin from April 2010 to December 2012. In January 2012, during her petition in Beijing, Feng Gaidi blackmailed Neihuang County petition Bureau for 10000 yuan. In order to avoid negative impact on Neihuang County, Neihuang County petition Bureau, industry and Commerce Bureau and other units were forced to jointly pay 10000 yuan.

In December of the same year, Feng Gaidi demanded 600000 yuan from the government for the same reasons mentioned above, and the leaders of Neihuang County Party committee coordinated six government units and were forced to give Feng Gaidi the money in the name of relief. The prosecution believes that Feng Gaidi extorted public and private property by extortion, with a huge amount, and should be punished with extortion.

Later, Feng Gaidi appealed. On July 3, 2015, Anyang City Intermediate Peoples Court of Henan Province issued a second instance ruling after a written trial, which held that: some facts in the first instance judgment were unclear, so the original judgment was revoked and remanded for retrial.

According to surging news reports, after that, Anyang intermediate peoples court assigned the case to the peoples Court of Beiguan District of Anyang City. The peoples Procuratorate of Neihuang County transferred the case to the peoples Procuratorate of Beiguan District for jurisdiction, and the peoples Procuratorate of Beiguan District twice returned the case to the Public Security Bureau of Neihuang County for supplementary investigation. On March 16, 2016, the Public Security Bureau of Neihuang County transferred the case to the peoples Procuratorate of Beiguan District for examination and prosecution.

On May 17, 2016, the peoples Court of Beiguan District held a court session to hear Feng Gaidis case. The peoples Procuratorate of Beiguan District added a crime of provocation to the indictment, but reduced the amount of extortion originally charged to 10000 yuan. After that, the case was transferred to the peoples Court of Jiyuan City, and the peoples Procuratorate of Beiguan District also transferred the case to the peoples Procuratorate of Jiyuan City.

On November 27, 2019, the peoples Court of Jiyuan City made a retrial judgment on the case, and found that Feng Gaidi was guilty of the crime of causing trouble and was sentenced to three years imprisonment and four years probation. After the sentence was pronounced, Feng Gaidi immediately said that she would appeal.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Source of this article: Xu Meng, editor in charge of the news_ NN7485