Behind a maritime accident, what is the suspect who tried his best to hide?

Author:Zhejiang Legal Newspaper Time:2022.07.28

An accident caused by the disappearance of three people and 1 person died, and there were still twists and turns behind it. The criminal suspect tried his best, and after all, he failed to escape the prosecutor's eyes. A few days ago, the Shengsi County Procuratorate filed a public prosecution on the case.

On November 8 last year, an inland ship full of sea sand was from the north of Fujian, and drove to the waters of the Langgangshan in Zhoushan. Later, the liability of the accident of the Zhoushan Maritime Affairs Bureau was determined that the accident was illegally engaged in maritime operations and hired personnel unlicensed personnel to board the ship service. In the severe weather and sea conditions, the carbon water caused the ship to sink.

Incident

Prosecutor found doubts

Afterwards, Lin Jian (a pseudonym) of the ship leaser went to the Zhoushan Maritime Bureau to inquire, explaining that Liu Ping (a pseudonym) of the missing person on board the ship leased the inner river ship and hired three other crew members to the crime of illegal shipping in Fujian, and disappeared. The testimony of the crew Liu Ping's son Liu Yang (pseudonym) confirmed this fact. The Zhoushan Maritime Bureau retrieved the ship's lease contract, and once again confirmed the fact that Lin Jian was a ship leaser.

In February of this year, the investigation organs shall ask the Shengsi County Procuratorate to approve the arrest of the Shengsi County Procuratorate for the crime of suspected major liability accidents. During the case review, the past experience of the criminal suspect Lin Jian and the missing crew Liu Ping attracted the attention of the prosecutor.

Lin Jiannian was only 23 years old, with a general economic conditions in the family, and he did not have any experience in the maritime industry. Liu Ping was 61 years old and had many experience in business. The two have a disparate age difference. How do they know and do business together? Lin Jianwan had no experience. Why did Liu Ping come forward to rent a boat? Moreover, how did Liu Ping pay more than 2.4 million yuan in ship rent for the dishonest person?

Vessels involved

With these questions, the prosecutor carefully reviewed the files and found that the mobile phones of many relevant witnesses in the case were lost for various reasons. Some witnesses mentioned that they had received anonymous calls and were asked to call back a caliber. Prosecutors realized that things were not simple.

The truth of the case gradually emerges

The prosecutor's further review found that the rent of the ship came from Liu Yang, the son of the disappeared crew, Liu Ping, and some of the money for the buyer also remitted a bank card held by Liu Yang. In addition, through telephone base stations, hotel housing record query, etc., Liu Yang appeared at the delivery site with his father Liu average before the ship sailing. Through analysis and judgment, the existing evidence was not enough to prove that Lin Jian was the actual controller of the ship. The Shengsi County Procuratorate made a doubtful decision and did not catch the decision, and guided the investigation organs to conduct additional investigations on the actual controller of the ship.

After retrieved the flow of bank funds, check the telephone communication records, telephone base stations and other information, the prosecutor found that Liu Yang had the paid of salary of the crew. At the same time, by asking a number of crew members who had worked on the ship, Liu Yang further confirmed Liu Yang The fact that the ship's actual controllers.

In March of this year, Liu Yang was approved by the Shengsi County Procuratorate for suspected major liability accidents. In the same month, the other two missing crew members were declared to die after applying to the court by their families, but at this time Liu Yang still resisted guilty and was unwilling to compensate the victim's family members.

Dispel a lot of omissions for dumping cocoons

During the case review and prosecution, the prosecutor found that the sea sand loaded by the accident ship was from the waters of Fujian, and verified it to the crew and Lin Jian who worked on the ship on the fact that the possibility of over -refuting sea sand in other sea areas was excluded. Essence Subsequently, the prosecutor also consulted the application of the use of permits in the waters of Fujian Province and the seas and sand mining permits, and asked the only company that had completed the "two certificates" to obtain documents such as the company's water underwater activities. The company's mining of sea sand mines is all directed for public project projects, and it has not been sold to Liu Yang. Liu Yang has never been acquired by the Sand Selection Office to sell without legal sources.

Faced with a large number of objective evidence and the possible legal consequences of several crimes and punishment, Liu Yang knew that it was difficult to fulfill his words, and then voluntarily pleaded guilty and made compensation. He acknowledged that Lin Jian was a "scapegoat" he found. He also explained that after the accident, he gave some compensation money to Lin Jian's wife for compensation from himself and other victims of the victims, trying to cause "him It is also the illusion that Lin Jian is the actual controller of the ship. "

The Spear Center of the Shengsi County Procuratorate jointly carried out mediation work, and at the same time, it urged Liu Yang to pay compensation in time, and eventually promoted the party to reach a reconciliation agreement. Liu Yang also signed a confession for confession under the witness of the lawyer. A few days ago, the Shengsi County Procuratorate was crime to cover up and concealed the crime of crime by major liability accidents in accordance with the law.

Source: Zhejiang Legal System News (correspondent Shi Ruoyu)

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