On September 3, Kang Lans defender told upstream news (micro signal: shangyounews) that they had applied to Kangbashi Public Security Bureau to correct the illegal act of approving Bian Yukais resignation during the period of investigation.
Upstream news reporters have noticed that Bian Yukai, a former police officer who has resigned, was called the vanguard of anti crime by the official document of Kangbashi Public Security Bureau in June 2019, and the article has been deleted.
In 2017, Bian Yukai was sentenced to 2 months detention and 4 months probation for dangerous driving. Photo source / China judicial document website
Police are still in charge of investigation after being sentenced for drunk driving
On September 18, 2007, sunjiahao coal mine and its highway project of Yidong Coal Co., Ltd. of Zhungeer banner, Inner Mongolia, expropriated part of the land of Yangta village, Xuejiawan Town, Zhungeer banner. The wellhead of sunjiahao coal mine is located in Yangta village. During his tenure as head of Yangta village, Kang Lanban contracted the waste discharge and fire control project of sunjiahao coal mine from 2014 to 2017.
According to several villagers of Yangta village, on June 20, 2019, Bian Yukai, then a policeman of the Criminal Police Brigade of Kangbashi branch of Ordos Public Security Bureau, took Kang Lanban, the former village director of the village, for investigation on suspicion of forced trading and extortion. In the autumn of that year, Bian Yukai, as a policeman, came to investigate the civil dispute between villagers and the coal mine.
Kang Lans family later learned that as early as 2017, Bian Yukai was sentenced to two months detention and four months probation for dangerous driving.
After that, Bian Yukai was indicted by Ejin Horo Banner Procuratorate of Ordos City. On August 24, 2017, the Yijinhuoluo banner court made a judgment of first instance, in which Bian Yukai committed the crime of dangerous driving, was sentenced to detention for 2 months, suspended for 4 months and fined RMB 4000.
Relevant materials show that before the judgment of the first instance, Bian Yukai was released on bail by Kangbashi branch of Ordos Public Security Bureau on June 12, 2017, and was released on bail by the court on August 14 of the same year.
The five prohibitions of the Ministry of public security clearly stipulates that it is strictly forbidden to drive motor vehicles after drinking, and those who violate the regulations will be dismissed; those who cause serious consequences will be dismissed.
The police said that he was a serving police officer, and the evidence was valid
Kang Lanbans family members believed that Bian Yukai was still in office to investigate the case after he was sentenced, which violated the relevant provisions of the peoples police law and the civil servant law, so he reported in writing to the Local Discipline Inspection Commission and other departments.
On April 15 this year, Kangbashi branch of Ordos Public Security Bureau issued a statement on the punishment of Bian Yukai. In addition to confirming the above-mentioned court judgment, the statement also claimed that Bian Yukai violated the provisions of national laws and regulations by driving a motor vehicle drunk. The facts were clear and the evidence was conclusive, which should be seriously dealt with. In view of the fact that Bian Yukai was able to voluntarily plead guilty, truthfully confessed his own behavior and actively cooperated with the review work after the accident, on November 15, 2017, the Discipline Inspection Commission of Kangbashi district decided to dismiss Bian Yukai from the party. On November 22, 2017, the Party committee of Kangbashi branch decided to give Bian Yukai the punishment of reducing the post level by one level and salary level by two levels. Starting from the next month after the decision of punishment is made, the post salary, performance salary and allowance are determined according to the newly employed (appointed) post, and the punishment period is 24 months.
Bian Yukai still belongs to the on-the-job staff after the decision of dealing with Party and government discipline made by the authorities. In view of the objection of the parties and lawyers of the case, the relevant departments are investigating and there is no conclusion at present, so our bureau has suspended their participation in the handling of the case.
At the pre-trial meeting of Kanglan half case, the defender held that Bian Yukai, as a criminal who had been convicted of crimes against public security by the court, did not have the qualification to serve as a police officer, and the evidence obtained during this period was illegal, so he applied to the court to exclude illegal evidence.
On May 26 this year, Kangbashi branch of Erdos Public Security Bureau issued another explanation on the relevant situation of Yukai in border areas. According to the statement, Bian Yukai did not leave his post when he was involved in handling Kanglans semi extortion and forced trading cases in 2019, and still worked in the Kangbashi branch. He is an in-service policeman with the qualification of investigation and evidence collection, and the evidence obtained is effective.
Ex police accused of threatening with violence to collect evidence
The prosecution alleges that after 2015, in order to seek illegal economic benefits, Kang LAN half used the convenience and influence formed by his village heads post, used threatening means such as instructing others to obstruct construction, handling reported disputes, verbal abuse and other threats to force construction units, force projects and extort money, which seriously affected the normal production and operation of sunjiahao coal mine and caused adverse social impact, The defendant should be punished for the crime of forced transaction and extortion.
In July this year, the criminal investigation team of Kangbashi Public Security Bureau issued a situation statement, saying that Bian Yukai resigned on May 9, 2020, and has been unable to contact and testify in court. Photo source / photos provided by interviewees
At the first hearing of the case on July 16, the prosecution issued a situation note issued by the Criminal Police Brigade of Kangbashi branch: Bian Yukai, a police officer in our bureau who handled the case of Kanglan semi suspected of extortion, resigned on May 9, 2020, and has been unable to obtain contact and testify in court.
During the trial, the defender applied to play the synchronous recording and video recording of Kang LAN during the half interrogation. The video shows that Bian Yukai used such methods as sitting on a tiger stool and shouting abuse during the half interrogation of Kang LAN. Defenders believe that there is a clear threat to language and behavior.
In the court, Kang Lanban and his defenders provided the court with detailed clues about Bian Yukai threatening him with violence and deceiving and inducing him to make false statements against him on the way to arrest him, including the specific time, place, personnel and relevant specific behaviors. The defender believes that it is because Bian Yukai threatened Kang LAN with violence and the safety of his family, which made Kang LAN half in great mental pain. He had to disobey his personal will and made a false confession according to Bian Yukais instructions.
In this regard, the prosecution believes that although Bian Yukai and others interrogation is improper, it still belongs to legal evidence collection because it protects Kanglans basic human rights. The prosecution did not give a written reply to the defenses request to retrieve the video of the law enforcement recorder that captured Kang LAN.
The upstream news reporter noted that on June 20, 2019, the official wechat Ping An Kangbashi of Kangbashi Public Security Branch issued an article, calling Bian Yukai the vanguard of anti-corruption. According to the article, in March 2018, Bian Yukai was transferred to the anti crime Office of Kangbashi Public Security Bureau and stationed in Zhungeer banner. Within 15 months, Bian Yukai visited 15 coal mines and 3 chemical plants, and visited more than 2000 people. Currently, the article has been deleted.
Nearly 1000 villagers in Yangta village jointly wrote that the village head Kang Lanban could not form a strong position for sunjiahao coal mine, and there was no possibility of extortion and forced trading. Photo source / photos provided by interviewees
Nearly 1000 villagers jointly report coal mine pollution to the court
On September 3, Kang Lans defense lawyers told the upstream news reporters that they had put forward their lawyers opinions to the Kangbashi Public Security Bureau on the same day, informing him that it was illegal to approve Bian Yukais resignation application during the period of investigation, and asked him to correct such illegal behaviors as not to be dismissed, but to continue to be a police officer, and to approve Bian Yukais resignation during Bian Yukais investigation The results will be made public to the whole society.
On April 15, this year, the Kangbashi Public Security Bureau issued a statement saying that, in view of the objection of the parties and lawyers of the case, the relevant departments are investigating, and there is no conclusion at present. Bian Yukai has been suspended from participating in the case handling. Photo source / photos provided by interviewees
At the same time, the defender also proposed that the case of Kanglan should be re investigated. According to the court trial that has been completed, the defender thinks that Kang LAN ban does not constitute a crime. The main reasons include the existence of a large number of illegal evidence collection in the investigation of the case, the inconsistency between the interrogation records of important witnesses and the lack of authenticity, and there is no objective evidence other than the testimony of any witness to prove that Kang Lanban has committed any specific criminal acts of forced trading and extortion.
In addition, the upstream news reporter also obtained a joint petition from nearly 1000 villagers in Yangta village. The villagers jointly proved that Kang LAN had not committed the criminal act charged by the public prosecutor, and reported to the court that the illegal behavior of sunjiahao coal mine during the operation period led to serious environmental pollution in the local area and the coal mine did not change after repeated education. In the view of villagers, the village head Kang LAN ban could not form a strong position for sunjiahao coal mine, and there was no possibility of extortion and forced trading.