28 years
Wu Wentao, a resident of Wencheng County, Zhejiang Province
Illegal entry and exit as many as 42 times
Wu Wentao is suspected of illegally crossing the national (border) border
It was transferred to the Wencheng County Procuratorate for review and prosecution
But prosecutors recommended no prosecution
Why?
……
Migrant workers across borders, and their identities are unexpectedly fake
In 1996, Wu Wentao set out from Beijing to work in Germany. Not long after arriving in Munich, he lost his passport, and he had to ask someone to help him apply for a new Chinese passport, but in the end he found that the name and birthday on the passport were not his own.
It turned out that due to incomplete materials, the trustee forged false identity information and fraudulently obtained a passport from the local embassy that did not match Wu Wentao's real identity.
"If I didn't have a passport, I wouldn't be able to live normally in Germany, so I had to continue to use that passport, but I didn't expect to cause big trouble for the sake of temporary convenience." Wu Wentao said frankly.
In March 2004, Wu Wentao returned to China illegally with a fraudulent passport. He found out that he belonged to a person who had gone abroad and left the country for more than one year, and according to the relevant regulations of the entry-exit administration of Chinese citizens at that time, his original household registration had been forcibly cancelled.
"At that time, because my household registration was cancelled, I couldn't use my real identity to reapply for a passport, so I chose to continue to hide it and use the fraudulent passport to travel back and forth between China and Germany many times." Later, Wu Wentao used a false identity to work in Germany for a long time, and met and married his wife, who also lived abroad.
In the past 28 years, Wu Wentao used a fraudulently obtained passport to illegally enter and exit the country 42 times.
At the age of 21, he was far away from his homeland, and every time he returned to China after that, the more he wanted to return to his hometown, "I am a 'black household' in China, and I am afraid that I will not be able to return home one day." The mountains and rivers of my hometown are always unforgettable, and the mountains and mountains, the verdant and clear Tianzeng Lake, the winding and circling red maple ancient road, and the mother's deep call are always lingering in the dream...... Speaking of this, Wu Wentao shed sad tears.
After the real household registration was cancelled, it became a "black household" in China
In Wencheng County, Wu Wentao's situation is not unique. As the second largest key hometown of overseas Chinese in Zhejiang Province, Wencheng County has nearly 170,000 overseas Chinese living in more than 70 countries and regions in the world, 73,000 returned overseas Chinese and their relatives, and the number of overseas Chinese involved accounts for 60% of the county's total population.
In 2023, the Wencheng County Procuratorate learned during a visit to the National People's Congress that there are many difficulties in dealing with the false identities of overseas Chinese.
For example, some parties cancel their domestic household registration after going abroad, and some of them are also cancelled because they stay abroad for too long on the grounds of tourism, family visits, work, etc., and due to various problems such as expired passports and settlements, these overseas Chinese return to China and become "black households" without household registration, which seriously affects their work and life; In the early years, some overseas Chinese secretly crossed the national (border) border to go abroad, and fraudulently used other people's identities to give birth abroad, resulting in the inability of their children to settle down and study in China.
Therefore, the Wencheng County Procuratorate took the initiative to report and strive for support, and under the leadership of the Wenzhou Municipal Procuratorate, it carried out a series of activities and judicial practice salons of "Procuratorial Union of Overseas Chinese and Overseas Chinese", and the problem was further solved after the joint Wencheng County Deep Reform Office, the County Public Security Bureau and other units issued the "Notice on Further Optimizing the Policy Reform of Overseas Chinese Returning to China and Settlement (Trial)" (hereinafter referred to as the "Notice").
When relatives and friends told Wu Wentao that there are now new regulations that can solve the problem of inconsistency between the identity of the passport and the original household registration, Wu Wentao was very excited, and voluntarily returned to China in March 2024 to surrender.
Accurately characterize cases and protect the interests of overseas Chinese
As the first overseas Chinese in Wencheng to return to China and surrender after the trial implementation of the "Notice", the Wencheng County Procuratorate adhered to the principle of prudence, on the one hand, actively carried out verification outside the case, verified the authenticity of Wu Wentao's identity with his relatives and friends, and learned about his work and life overseas; On the other hand, it took the initiative to contact the household administration department and the exit and entry administration department of the Wencheng County Public Security Bureau to understand the relevant procedures for overseas Chinese to settle down and apply for new passports, which provided effective guidance for Wu Wentao to apply for settlement.
The prosecutor who undertook the case said that in accordance with the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Obstructing National (Border) Management" and the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Immigration Administration on Punishing Violations and Crimes Obstructing National (Border) Management in Accordance with Law" and other provisions, the criminal suspect Wu Wentao entered and exited the country (border) border 42 times between March 2004 and March 2023 through entry and exit documents fraudulently obtained by fraudulently using the identity of others, whose conduct has reached the standard of serious circumstances, is suspected of the crime of illegally crossing the national (border) border.
After careful review, the undertaker put forward his own handling suggestions at the joint meeting of prosecutors: "Wu Wentao went abroad for a legitimate purpose, did not engage in illegal and criminal activities, although he obtained his passport by fraud, but he did obtain it through official channels, and his original domestic household registration status has no illegal or criminal record, according to the relevant provisions of the "Notice", it can be regarded as a minor circumstance, and at the same time, Wu Wentao also has mitigating and lenient circumstances such as voluntary surrender and admitting guilt and accepting punishment, and has a good attitude of admitting guilt and repentance, and it is recommended that a decision not to prosecute be made against him." The recommendation was unanimously adopted by the prosecutors present.
On March 19, 2024, the Wencheng County Procuratorate made a decision not to prosecute Wu Wentao in accordance with the law. At the same time, in order to protect Wu Wentao's personal and property rights and interests abroad, the Wencheng County Procuratorate's Overseas Chinese Procurator's Office actively connected with the county's public security bureau's household administration department and exit and entry management department.
Overseas Chinese are on the minds of prosecutors
Wu Wentao's old and new household registration books and passports. (Source: File photo)
At the beginning of April 2024, Wu Wentao, who is nearly 50 years old, came to the hall of the Wencheng County Procuratorate, holding a new household registration book, and cried with joy in front of the prosecutor......
Wencheng County, as the second largest hometown of overseas Chinese in Zhejiang Province, has obvious advantages for overseas Chinese. Since it was established as a "demonstration site for the protection of the legitimate rights and interests of overseas Chinese in accordance with the law by the procuratorial organs of the province", the Wencheng County Procuratorate has focused on the legitimate rights and interests of overseas Chinese, overseas Chinese relatives and overseas Chinese enterprises to actively perform its duties, and the overseas Chinese procurator's office has carried out a number of special supervision actions related to overseas Chinese, which have been praised by overseas Chinese, and the "overseas Chinese +" procuratorial culture brand has been rated as an excellent achievement in the construction of "one hospital, one product" of the provincial procuratorial organs.
According to reports, the Wencheng County Procuratorate has introduced a package of systems for the protection of the legitimate rights and interests of overseas Chinese on the basis of the "Work Plan for Procuratorial Work Involving Overseas Chinese", refining 16 work requirements such as the handling of criminal cases involving overseas Chinese, the resolution of administrative disputes involving overseas Chinese, the resolution of conflicts and disputes involving overseas Chinese, the special supervision of the implementation of overseas Chinese, and the protection of public welfare. Establish a cross-border team and liaison officers for popularizing the law related to overseas Chinese, continue to promote the efficient connection of judicial, government and social protection of overseas Chinese, and promote the quality and efficiency of Wencheng County's work of "uniting overseas Chinese and protecting overseas Chinese".
Li Anrui, deputy to the National People's Congress and director of the workshop of Zhejiang Shenghuabo Electric Appliance Co., Ltd., said in an interview that the mainland is a big country with overseas Chinese resources, and since the reform and opening up, the enthusiasm of overseas Chinese and their relatives to devote themselves to public welfare undertakings in their hometowns has been high, and the advantages of overseas Chinese have become a bright spot in Wencheng's economic and social development. However, problems such as overseas Chinese being involved in crimes and infringing on their rights and interests still exist. How to fully protect the legitimate rights and interests of overseas Chinese, returned overseas Chinese, and their relatives has become a major issue in society. It is hoped that the procuratorial organs will continue to work with relevant departments to further unite and promote the work related to overseas Chinese, strengthen research on difficult legal issues related to overseas Chinese such as household registration and relocation, and jointly do a good job in preventing crimes involving overseas Chinese, so as to provide better social care and judicial safeguards for overseas Chinese.
(The names of the persons involved in the article have been changed)
("Fangyuan" magazine WeChat public account, Liu Ya, Zhang Jie, Zhou Weihui, Sun Lina)