"The plaintiff" was still in the drum 17 times

Author:Righteous network Time:2022.06.15

"If it wasn't for the procuratorate to supervise it according to law, I might still be in the drums." Recently, after receiving the judgment of the court's renovation, the big rock that was pressed in Zhang Wei's heart finally fell to the ground.

Fraud cases take out false lawsuits

In November 2019, the Pujiang County Procuratorate of Zhejiang Province accepted the case of Yu Mou, who was arrested for fraud. The hospital preliminarily found that in the case of a number of civil loan disputes in Pujiang people, in the case of "rules" and other reasons to deceive the victims to issue a borrowing principal higher than the actual borrowing principal, and then deceived the civil judgment of the prosecution through false lawsuits to achieve illegal illegal judgment in order to achieve illegal illegal cases The purpose of possessing property.

According to the Pujiang County Procuratorate's dual inspection mechanism for false lawsuits, the clue was transferred to the civil procuratorate of the hospital for the first time. In February 2020, the civil procuratorate formed a case -handling team to conduct a case review of the effective judgment of all civil cases prosecuted, and found that Yumou was illegally engaged in "routine loans" from 2007 to 2017.

In the subsequent review, the case handling team noticed that in the confession, he repeatedly mentioned a civil lawsuit to the court in the name of Zhang Wei. Who is Zhang Wei? Why did Yu Mou fell in a lawsuit in the name of Zhang Wei? What is the relationship between him and Zhang Wei? Has Zhang Wei jointly implemented Gaoli Loan with him? In order to further identify the facts of the case, the prosecutor retained all civil lawsuits involving Zhang Wei to the court.

What was unexpected to the prosecutor was that there were as many as 17 civil loan disputes that Zhang Wei accepted Zhang Wei as the plaintiff, of which 12 were obtained by winning the case, mainly concentrated in the two years from 2008 to 2010. As high as 1.56 million yuan, and all have been executed.

I was sued to repay but did not know

After investigation, Zhang Wei is also a native of Pujiang. He is a little sister -in -law. After graduating from college, he is a teacher in Hangzhou. He has a stable work and rarely returns to his hometown. His guy is less likely to work together with a joint crime. In this regard, the case handling team preliminarily judged that Zhang Wei should not participate in Gauli lending.

"These cases were not my own prosecution. I didn't know these people at all, let alone borrow money!" On May 1, 2020, while Zhang Wei's school was empty, the case team asked him. It is clear that he does not know about related cases. But he remembered something: brother -in -law Yu Mou had borrowed his ID card from him, and he did not specifically explain the purpose, and he gave the ID card to Yumou.

"If we do this, if we sue in our own name, the case will be focused on the judicial organs." Yu Mou explained to the case handling team that the funds he borrowed were all his. The loan contract is signed in the name of Zhang Wei. He also emphasized that Zhang Wei was informed and signed on the authorized attorney applied for execution.

One party said that he did not know, and the other side said that he had signed the authorized attorney. Is it true or false? On February 1, 2021, the Pujiang County Procuratorate conducted a detailed review of the effective judgment of Zhang Wei's 12 cases involved in the case, and found that Zhang Wei ’s signature trace in the transcript and his debit and application for enforcement authorization in the civil case involved in the transcript were authorized. The signature traces on the attorney are very different. In order to explore the truth, the case handling team decided to conduct handwriting identification.

Compare signature appraisal authenticity

In February 2021, the technical department of the Pujiang County Procuratorate sampled the signature of the "Zhang Wei" and the "Zhang Wei" signature in the "Zhang Wei" in some borrowing contracts, and sent it to the technical department of Jinhua City Procuratorate for preliminary comparison.

"There are 12 cases of civil loan disputes involved in Zhang Wei, with as many as 24 volumes of the number of cases. Among them, there are 96 documents involved in Zhang Wei's signature and seal, 135 direct signatures, and each signature has changed. Individual signatures have been signed. Obviously, there is a fake, and the identification is extremely difficult. At the same time, the sample span of the inspection and comparison samples is nearly 10 years, and the handwriting is also very difficult to compare. "Zhu Wenbin, the person in charge of the Judicial Appraisal Center of the Jinhua Procuratorate, told reporters.

How to complete the appraisal of high -quality and efficiently in a short period of time has become the top priority to find out the case. In the end, the procuratorial technicians decided to start with the signature of the authorized attorney in the civil case involved in Zhang Wei. In March 2021, they took pictures of the originals one by one.

Through comprehensive research and judgment on the overall summary, local performance, detail characteristics, detail characteristics, the characteristics of the pen, the characteristics of the writing method, and the characteristics of the sample, the technical personnel analyzed that although the two are similar in shape, there are obvious existence of obvious existence Differences, and obvious imitation characteristics have appeared.

On March 29, 2021, the Judicial Appraisal Center of the Jinhua Procuratorate issued the appraisal opinion written by the sample sample signature trace of the same person. The truth of the false lawsuit in the use of Zhang Wei's name immediately surfaced.

On April 28, 2021, the Pujiang County Procuratorate proved that Zhang Wei proved Zhang Wei in the series of cases in the series of cases that were not qualified and did not meet the conditions for prosecution. For the enforcement of false lawsuits, the Jinhua Procuratorate asked to protest to supervise and correct 12 cases of false lawsuits.

On July 5 of the same year, the Jinhua Intermediate Court adopted the prosecution opinion of the Jinhua City Procuratorate and ruled that 12 cases were returned to the retrial. On December 16, the Pujiang County Court issued a ruling of "revoking the original verdict and rejection of the plaintiff Zhang Wei's lawsuit". At present, all 12 cases have been changed.

(The people in the text are a pseudonym)

(Source: Procuratorial Daily Author: Shi Ji Jinqian Ru Feng Cancan)

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