Accustomed to stealing and committing crimes, will they be caught if the circumstances are light?
2024-08-14
"I want to stay in the detention center, but I don't want to 'go up the mountain'." In front of the prosecutor who came for questioning, suspect Wang Mou, who is being held in the detention center in Huishan District, Wuxi City, Jiangsu Province, said what he was thinking. The term 'going up the mountain' in his mouth refers to being imprisoned to serve his sentence. Wang has committed theft multiple times before and is a habitual offender - that is, a habitual offender who has the typical characteristics of repeatedly committing similar crimes, often falling into a vicious cycle of "catching and releasing, then continuing to commit, and then being caught again". How to govern such crimes is a major challenge in current judicial practice. In April of this year, Wang was sentenced four times for theft in five years. He sneaked into a store to steal property and stole a total of 5000 yuan in cash, one Nanjing brand Yuhuashi cigarette, six packs of Soft China cigarettes, and five packs of Golden Leaf Tianye cigarettes from the cash register in Taichung. This ordinary arrest case has caused difficulties for the investigators. In judicial practice, it is easy to be sentenced to detention after being arrested due to the frequent use of arrest measures for minor offenses. From the perspective of individual cases alone, sentencing to detention after arrest is a manifestation of the low quality of arrest work. Therefore, in judicial practice, non custodial coercive measures are more common for this type of habitual offender The person in charge of the case, Zhang Lingyun, Deputy Prosecutor General of Huishan District Procuratorate, stated that based on the amount of theft committed by Wang this time, he may be sentenced to detention. Therefore, some investigators have concerns about whether to approve his arrest. The Supreme People's Procuratorate is promoting the pilot work of "Quantitative Assessment of Social Hazards", which provides a reference path for prosecutors to address the above concerns. The pilot plan points out that "support and encourage localities to take initiative and creativity, closely focus on quantitative assessment of social risks, and explore and innovate in accordance with laws, regulations, and local conditions". "Support and encourage localities to collect and organize special types of cases while solidly promoting pilot work". At the suggestion of the Huishan District Procuratorate, the public security organs focused on sorting out Wang's criminal record, occupation and income situation, living habits, etc. It was found that he had been sentenced by the court four times for theft since 2019, especially in 2019 when he was released on bail on suspicion of theft and was arrested for committing another theft crime, during which he was also subjected to administrative detention. The stolen money obtained by Wang was squandered in entertainment venues such as bars and bathhouses in a relatively short period of time, and then continued to be stolen and squandered. In addition, upon verifying Wang's life trajectory, it was found that he did not have a fixed residence and often chose places such as internet cafes and bathhouses for overnight stays. Further investigation revealed that Wang had previously worked as a logistics officer. During his time working in logistics, he was supposed to start work at 8am but was fired by his boss because he was often two or three hours late. Afterwards, he did not actively seek employment, and the proceeds from theft became his main source of livelihood Zhang Lingyun told reporters that based on his criminal record and misconduct, the court believes that if Wang is subjected to compulsory measures such as bail pending trial, he may continue to steal or escape. After successfully stealing, Zhang Lingyun calmly asked Wang, "What are your plans after you leave?" Wang avoided answering and then took the initiative to ask, "How long is the sentence this time? Can the time be shorter?" Wang asked more than once. Based on this, the prosecuting attorney inferred that he had basically given up on the plan to rebuild his survival skills, which is why he committed multiple thefts, had certain antisocial personality traits, and had a high risk of reoffending. She doesn't know that I have other women outside... "In addition to his girlfriend, Wang has about 10 other female friends who he frequently interacts with, often scheduling meals and drinks on the bar street. Therefore, his criminal motive is to quickly obtain money that can be spent in places such as bars. Wang's criminal target is quite clear. After reviewing a surveillance video provided by a victim, the prosecutor found that "he knew that the hotel cashier usually had cash, tobacco, alcohol, and other property, so he deliberately selected a closed restaurant to carry out the theft. He also took advantage of his thin body to squeeze into the store through the door crack, ran straight to the cashier, and calmly handed over money at the scene, obviously belonging to a habitual offender." According to Zhang Lingyun, there was a clear contrast between Wang's language expression and his body language. On the linguistic level, he actively expressed repentance, but on the behavioral and psychological level, he showed a relatively obvious state of no psychological burden. The hearing officers unanimously agreed that it is necessary to arrest Wang. According to the feedback from the relevant person in charge of the detention center, Wang has been detained here multiple times for theft, and their names are well-known to them. Wang is familiar with the judicial case handling process and has a certain degree of anticipation of the sentence. At the same time, without any family concerns, it can be said that 'one person eats enough and the whole family is not hungry', so there is not much inner turmoil when detained in the detention center. Overall, Wang's state of low mood and deep regret is significantly different from other detainees who have committed their first crime The person in charge of the detention center stated. The Huishan District Procuratorate also specifically listened to the opinions of the duty lawyer regarding this case. The lawyer on duty said: "After Mr. Wang arrived in the case, he had the circumstances of legal leniency treatment, such as confession and confession of guilt. However, this kind of suspect, because of his many criminal records and certain 'experience', often had a speculative mentality, and used the policy of" bonus "such as confession of guilt, confession of punishment and leniency to exchange for a lower punishment." It is worth mentioning that the Huishan District Procuratorate held a hearing on the necessity of detention on the case, inviting representatives of the National People's Congress, community residents and lawyers and other hearers to "feel the pulse" together. After collective evaluation, the hearing officers unanimously agreed that Wang poses a significant social risk and that his arrest is necessary. Based on the above multi angle and multi-level evaluation, the Huishan District Procuratorate has formed a comprehensive understanding of Wang's social danger, and ultimately approved his arrest based on Wang's social danger. On July 24th, Wang was sentenced to seven months in prison and fined 5000 yuan in the first instance by the court for theft. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：people.com.cn
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