Cover news reporter Li Jiayu
On August 2, after walking out of the Gaoping City Detention Center in Shanxi Province, Nie Jiaqi threw off nearly 11 months of black-related membership.
On September 9, 2020, Nie Jiaqi was criminally detained by the Gaoping Municipal Public Security Bureau in Shanxi Province on suspicion of participating in a mafia-type organization. On October 15 of the same year, with the approval of the Gaoping Municipal People's Procuratorate, he was arrested by the Gaoping Municipal Public Security Bureau and classified as a "general participant" of the mafia-related organization.
On August 6, the cover news reporter saw from a criminal ruling of the Gaoping Municipal People's Court that Nie Jiaqi's involvement in the mafia-related activities described as: On April 28, 2011, she beat others and was fined 500 yuan by the Jincheng City Public Security Bureau Urban Branch.
A case from 10 years ago, why is it cracked down on again after 10 years with black-related crimes? Nie Jiaqi herself expressed confusion.
Nie Jiaqi's defense lawyer Hu Changpeng believes that on the one hand, administrative penalties have been imposed for illegal acts 10 years ago, and no one or unit has raised objections to the results of the handling; on the other hand, in addition to the above incidents, the indictment does not accuse nie Jiaqi of other cases related to Nie Jiaqi's involvement in organized crime, and Nie Jiaqi herself does not know about the mafia-related organizations or participates in them, so there are no illegal and criminal acts.
On July 30, 2021, the People's Procuratorate of Gaoping City, Shanxi Province, found that Nie Jiaqi did not meet the requirements for prosecution and decided not to prosecute Nie Jiaqi. On August 2, Nie Jiaqi was released.
10 years ago, he was fined 500 yuan for beating someone else
After 10 years, it was considered to be involved in black
On September 9, 2020, Nie Jiaqi, 37, was detained by the Public Security Bureau of Gaoping City, Shanxi Province, on suspicion of participating in a mafia-type organization. According to Nie Jiaqi's recollection, "At that time, the police asked me if I would admit guilt, and I said I wouldn't admit it, and later they didn't say what the reason was, so they detained me." ”
Later, Nie Jiaqi learned that she was suspected of participating in the crime of participating in a mafia-type organization, and the illegal fact that her participation in triad-related activities may have been to beat others 10 years ago.
Time back to 10 years ago, in 2011, the Jincheng City Bus Station traffic control, set up a railing in the nearby Yingbin Street, prohibiting vehicles from entering, but because it was the only way for Nie Jiaqi to go home, the bus station gave him a key, only for him and his family to enter and exit.
On April 28 of that year, Nie Jiaqi returned home from work normally, and one of the cars that followed him also wanted to pass through the forbidden road, "At that time, there were 3 girls in the car, two people seemed to have drunk alcohol, got out of the car to argue with me, I didn't want to argue with them, but they just had to go over there, I didn't let them scratch and hit my head." ”
Then, Nie Jiaqi subconsciously pushed back, the three began to push, and the onlookers called the police. After mediation by the Jincheng City Public Security Bureau, an administrative penalty was made and he was fined 500 yuan.
Nie Jiaqi could not have imagined that this incident 10 years ago would become the reason for her being sued for being involved in the crime 10 years later.
There is insufficient evidence of blackmail
The Public Prosecutor's Office decided not to prosecute
On October 15, 2020, with the approval of the Gaoping Municipal People's Procuratorate, Nie Jiaqi was arrested by the Gaoping Municipal Public Security Bureau and classified as a "general participant" of the mafia-related organization.
In the detention center, Nie Jiaqi was asked why she was arrested, "The other prisoners did not believe that I would be beaten into a triad because of a dispute with two women." They all said that it was indeed a fake underworld, and they especially sympathized with me. ”
Decision not to prosecute Nie Jiaqi
Along with Nie Jiaqi, he was arrested by his mother, Cui Miaozhi.
Cui Miaozhi was also indicted on suspicion of participating in a mafia-type organization and was classified as a "backbone member" of a mafia-related organization. In the indictment, the charges against Cui Miaozhi are only one crime, and there is no specific violation of the law.
On January 5, 2021, before the case file was transferred to the court, during the procurator's hearing of the lawyer's opinion, lawyer Hu Changpeng and Cui Miaozhi's defense lawyer, Lawyer Qin Ying, submitted a defense opinion of innocence to the procurator, arguing that there was no evidence to prove that Nie Jiaqi and Cui Miaozhi's mother and son were suspected of participating in the crime of organizing a mafia-type organization.
The next day, January 6, the case was transferred to the Gaoping Municipal People's Court.
On April 10, the case was heard at the Gaoping Municipal People's Court. The lawyers of the mother and son in the court once again defended their innocence.
On July 30, the Gaoping Municipal Procuratorate issued a decision not to prosecute, finding that Nie Jiaqi and Cui Miaozhi knew that the evidence that the organization was a mafia-type organization was insufficient and did not meet the conditions for prosecution. "The police station has already imposed an administrative penalty on the 1 illegal fact in which Nie Jiaqi participated, and it cannot be identified as an illegal fact of the organization." In accordance with the fourth paragraph of article 175 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Nie Jiaqi and Cui Miaozhi.
Decision not to prosecute Cui Miaozhi
On August 2, the Gaoping Municipal Public Security Bureau decided to release Nie Jiaqi's mother and son.
The father was indicted for his involvement in organized crime
"But I didn't do anything"
Nie Jiaqi said that from being in the detention center to getting the decision not to prosecute, he always firmly believed that the law is fair and just, "Although I did not study law, I did not do anything, how can I break the law?" ”
As for why she was involved in participating in the underworld organization, Nie Jiaqi said that it may be related to her father Nie Shuangqing.
Before Nie Jiaqi was detained, on April 20, 2020, his father Nie Shuangqing was criminally detained by the Gaoping Municipal Public Security Bureau on suspicion of forced trading.
Previously, the case prosecuted 26 people, including Nie Jiaqi, her mother Cui Miaozhi, and her father, Nie Shuangqing, on suspicion of forced trading, suspected of leading a mafia-type organization, suspected of participating in a mafia-type organization, illegally occupying agricultural land, picking quarrels and provoking trouble, obstructing public service, intentional injury, illegal detention, and gathering a crowd to disturb social order. Nie Shuangqing was indicted as the organizer and leader of the mafia-type organization.
It is reported that on August 9, 2021, the case will be tried at the Gaoping Municipal People's Court in Shanxi Province, and Nie Jiaqi's mother and son are no longer listed as defendants.
On August 6, Nie Jiaqi's defense lawyer, Hu Changpeng, said that further communication with the parties was needed to see if he would apply for state compensation next.
Nie Jiaqi released the proof
<b>[If you have a news thread, please report to us, once adopted, there is a fee reward.] WeChat attention: ihxdsb, QQ: 3386405712].</b>