Wu Ying’s trial process

Details of the first instance

The Intermediate People’s Court of Jinhua City, Zhejiang Province found the following facts in the first instance: In August 2003, the defendant Wu Ying opened Dongyang Wuning Noble Beauty and Bodybuilding Salon; , Wu Ying began to raise funds at high interest rates from Xu, Yu, Tang and others in the name of partnership or investment, and established Dongyang True Color Trading Co., Ltd. in April 2006. In fact, Wu Ying had a debt of 1,400 at this time. More than 10,000 yuan. In order to obtain more money, Wu Ying used the fraudulent 50 million yuan to invest in the establishment of Zhejiang Bense Holding Group Co., Ltd., and then used the same method to establish Bense Auto Beauty Shop in Dongyang Development Zone from July to October of the same year. , Blanche Laundry in Dongyang Development Zone, Zhejiang Bense Advertising Co., Ltd., Dongyang Bense Laundry Management Services Co., Ltd., Zhejiang Bense Hotel Management Co., Ltd., Dongyang Bense Computer Network Co., Ltd., Dongyang Bense Decoration Materials Co., Ltd., Dongyang Bense Wedding Services Co., Ltd., Dongyang Bense Logistics Co., Ltd., and 9 other companies, and established Bense Holding Group. Its subsidiaries include Bense advertising, hotel management, laundry management, computer network, wedding, decorative materials, logistics, etc. The company's shareholders in the industrial and commercial registration are Wu Ying and her sister, but her sister has not actually contributed capital or participated in the operation. Therefore, it is actually Wu Ying's company. After Wu Ying falsely registered and established many of the above-mentioned companies with fraudulent funds, most of them did not actually operate or operated at a loss. However, Wu Ying used methods such as fabricating facts, concealing the truth, and false propaganda to give the public the illusion that her company has strong economic strength. To defraud more social funds.

Between May 2005 and February 2007, Wu Ying used high interest rates as bait, paid high intermediary fees as a means, and successively obtained money from Lin in the name of investment, borrowing, capital turnover, etc. , Yang and other 11 people illegally raised 773.395 million yuan, which was used to repay the principal of the raised funds, pay high interest, purchase cars and personal squandering, etc. As of the incident, there was still 384.265 million yuan that could not be returned.

In addition, Wu Ying also used the funds obtained from fund-raising fraud to purchase real estate and mortgaged a total of 66.19 million yuan to Wang, Song and others from November 2006 to January 2007. The case occurred Only 10 million yuan has been repaid so far, and 56.19 million yuan is still owed. Due to the company's renovation, purchase of goods, sale of laundry cards, car wash cards, etc., relevant units and individuals declared claims totaling more than 20.34 million yuan to the public security organs. In October 2006, Wu Ying purchased jewelry priced at 120.37 million yuan from somewhere in the name of doing jewelry business, and only paid 23.81 million yuan for the goods. Most of the jewelry was given away directly or mortgaged by Wu Ying.

On October 29, 2009, the Intermediate People’s Court of Jinhua City, Zhejiang Province, based on the above facts and relevant legal provisions, sentenced Wu Ying to death for the crime of fund-raising fraud, deprived her of political rights for life, and confiscated all personal property; Wu Ying's illegal gains shall be recovered and returned to the victim.

Details of the second instance

Wu Ying was dissatisfied and appealed. The High People's Court of Zhejiang Province held a public hearing and held that Wu Ying used the illegal possession as a purpose, concealed the truth about his huge liabilities and a large number of falsely registered companies, and most of them did not actually operate after establishment, and fabricated the use of funds to use high interest or high investment returns. As a bait, they made various false propaganda to the public, illegally raised more than 770 million yuan, and actually defrauded more than 380 million yuan. Although the direct targets of the fund-raising were only more than 10 people, there were many offline people and a wide range of people involved, which was a serious infringement. The property interests of the masses were not specified, and the order of the country's financial management was seriously undermined. The amount was extremely huge, and the huge amount of stolen money was disposed of and squandered wantonly, causing extremely heavy losses to the interests of the country and the people. The crime was extremely serious. Articles 192 and 199 of my country's Criminal Law stipulate that: Anyone who uses fraudulent methods to raise funds for the purpose of illegal possession, the amount is particularly huge and causes particularly heavy losses to the interests of the country and the people, shall be sentenced to life imprisonment or Death penalty and confiscation of property. The relevant judicial interpretation issued by the Supreme People's Court clearly stipulates that if the amount of individual fund-raising fraud exceeds RMB 1 million, it should be deemed as an extremely large amount. The first-instance judgment found that the defendant Wu Ying was guilty of fund-raising fraud. The facts were clear, the evidence was reliable and sufficient, the conviction was accurate, the sentencing was appropriate, and the trial procedures were legal. The amount of Wu Ying’s fund-raising fraud was particularly huge, causing heavy losses to the interests of the country and the people. The circumstances of the crime were It is particularly serious and should be severely punished in accordance with the law.

On January 18, 2012, the Zhejiang Provincial Higher People’s Court pronounced the second instance verdict on the defendant Wu Ying’s fund-raising fraud case, ruling to reject the defendant Wu Ying’s appeal and uphold the death sentence against the defendant Wu Ying. , submit it to the Supreme People's Court for review in accordance with the law.

Death penalty review and retrial

After review, the Supreme People’s Court held that the first-instance judgment and the second-instance ruling found that the defendant Wu Ying was guilty of fund-raising fraud. The facts were clear and the evidence was reliable. , sufficient, accurate characterization, legal trial procedures, and comprehensive consideration of the entire case, Wu Ying was sentenced to death, but it may not be executed immediately, and the ruling was sent back to the Zhejiang Provincial Higher People's Court for a new trial.

On May 21, 2012, the Zhejiang Provincial Higher People's Court held after a retrial that Wu Ying's fund-raising fraud was extremely large, causing heavy losses to the victims, and his behavior seriously undermined the national financial management order. , the harm is particularly serious and should be punished according to law. In view of the fact that Wu Ying truthfully confessed the crime after being brought to justice, and voluntarily confessed the fact that she bribed multiple public officials, three of them have been found to be true and held criminally responsible. According to Article 1 of the Criminal Procedure Law of the People's Republic of China Taking into account the provisions of Article 189 (2) and Articles 9 and 11 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Review of Death Penalty Cases", Wu Ying was sentenced to death with a two-year suspended sentence. Deprived of political rights for life and confiscated all personal property.

Commutation to life imprisonment

On July 11, 2014, the Zhejiang Provincial Higher People’s Court held a public hearing on the case of criminal Wu Ying’s sentence commutation in accordance with the law. The court made a ruling: Wu Ying’s sentence should be commuted. The death penalty was suspended for two years and deprived of political rights for life, commuted to life imprisonment with deprivation of political rights for life.

On May 21, 2012, the Higher People's Court of Zhejiang Province sentenced Wu Ying to death with a two-year reprieve for the crime of fund-raising fraud, deprived her of political rights for life, and confiscated all her personal property. After the judgment becomes legally effective, it will be delivered to the Zhejiang Provincial Women's Prison for execution. The suspended execution period of the death penalty starts from May 21, 2012 and ends on May 20, 2014.

After the expiration of criminal Wu Ying’s suspended death sentence, the Zhejiang Provincial Women’s Prison submitted a commutation proposal in accordance with the law, recommending that Wu Ying’s suspended death sentence be commuted to life imprisonment. After review by the Zhejiang Provincial Prison Administration Bureau, the case was submitted to the Zhejiang Provincial Higher People's Court for trial. On July 11, 2014, the Zhejiang Provincial Higher People's Court held a public hearing in the Zhejiang Provincial Women's Prison in accordance with the law. Some representatives of the Zhejiang Provincial People's Congress, members of the Chinese People's Political Consultative Conference and some of Wu Ying's relatives attended the meeting. The Zhejiang Provincial People's Procuratorate assigned prosecutors to appear in court to perform their duties, and the Zhejiang Provincial Prison Administration Bureau and Zhejiang Provincial Women's Prison respectively assigned police officers to appear in court to perform their duties. Wu Ying attended the court to participate in the proceedings.

During the trial, the collegial panel organized all parties to present evidence and cross-examination in accordance with the law, and listened to the opinions expressed by all parties. It was found that Wu Ying did not commit any intentional crime during the period of suspended execution of the death penalty. After education, he could Plea guilty and repent, obey discipline, and no points will be deducted for violations; actively participate in political, cultural and technical studies, consciously participate in productive labor, and truly show repentance.

The Higher People’s Court of Zhejiang Province ruled that Wu Ying’s sentence should be commuted because she did not commit any intentional crime, did not perform any major meritorious service, and indeed showed repentance during the two-year suspended execution of her death sentence. According to the second paragraph of Article 250 of the Criminal Procedure Law of the People's Republic of China, Article 50, Article 51, and Paragraph 57 of the Criminal Law of the People's Republic of China. Paragraph 1, Article 79, it was ruled that Wu Ying’s suspended sentence on death should be commuted to life imprisonment and he would be deprived of political rights for life.

Father lost contact, agent charged

On the evening of July 29, 2014, Wu Ying’s father Wu Yongzheng’s mobile phone was turned off and he had lost contact with his family. The agent in Wu Ying's case, Lin Wencai, planned to fly from Taiyuan to Harbin at 4 pm on the 29th, but he did not board the plane and his mobile phone was turned off. He was controlled by the Dongyang City Police.

After investigation by the Dongyang Municipal Public Security Bureau of Zhejiang Province, Wu Ying’s agent Lin Wencai was suspected of false accusation and frame-up and was criminally detained by the Dongyang Municipal Public Security Bureau on July 29, 2014; Wu Ying’s father Wu Yongzheng was suspected of false accusation and frame-up. and concealing criminal proceeds, and was criminally detained by the Dongyang Municipal Public Security Bureau on July 30, 2014.

On August 14, 2014, Wu Ying filed another "recusal application" out of the detention center by attorney Zhu Jianwei and submitted it to the Procuratorial Committee of the Dongyang City Procuratorate, requesting the Dongyang Public Security Bureau to evade Wu Yongzheng and others as a whole. He is suspected of "falsely accusing and framing Chen Jun, the deputy mayor of Dongyang City."

On the evening of August 18, 2014, Wu Ying’s father, Wu Yongzheng, had been transferred to the Jinhua Detention Center for detention. However, there was no new information about Lin Wencai, the agent entrusted by Wu in the case.