cardinal3reel| Forced trading is "particularly serious", details of the demise of the Zhou Brothers 'gang are disclosed

The Zhou brothers overexert themselves and advocate violence.Cardinal3reelTo set up an underworld organizationCardinal3reelThrough "soft violence" such as gathering crowds to create momentum, language threats, blocking doors, and other "soft violence" to force construction projects for a long time, and even incite the masses to make trouble, attract public officials, and beat up law enforcement personnel of administrative departments. On May 17, the Supreme Procuratorate issued a typical case in which procuratorial organs punished criminal crimes in the field of engineering construction in accordance with the law, revealing the details of "Zhou Jia and others organizing, leading, and participating in underworld organization cases."

Trial scene

Brothers forced to take over earthwork

Carried out 21 illegal and criminal activities

Zhou Jia and Zhou Yi were brothers who had been sentenced to fixed-term imprisonment for robbery and affray respectively. After the release of the two men at the end of their sentence, they did not change their style of overexacting and advocating violence.

From 2013 to 2018, Zhou Jia and Zhou Yi won over some idle social personnel and individual public officials with economic interests, using violence or threat of violence to suppress industry competitors, obstruct law enforcement by administrative organs, and force projects to build earthworks in the Yanghu area of Yuelu District (now Xiangjiang New area) in Changsha City, Hunan Province. And organized 21 illegal and criminal activities such as intentional injury, affray, forced trading, extortion, etc., gradually forming underworld organizations with Zhou Jia and Zhou Yi as organizers and leaders, Li Moujie and Mo as backbone members, Liu Mouyu and Yang Min as active participants, Liu Mouwen and Liu Mouchang as general participants.

In order to gain momentum and dominate, the organization is accustomed to "protecting businessmen with black" and "raising black with businessmen". Zhoujia has successively set up a Changsha Environmental Protection Logistics Transportation Co., Ltd and a Changsha Sand and Slag Transportation Co., Ltd., to manage the organization members in the form of the company, to control the organization members and to distribute dividends and pay salaries in accordance with the company's rules and regulations. The organization also provides "red packet condolences" to the members of the organization who have been hit and dealt with, and has gradually formed practices such as following orders, following calls, reporting incidents, and "settling" accidents by the organization, so as to achieve the purpose of winning hearts and minds.

In order to control the earthwork business of local commercial projects, the organization carried out crimes to seize "black wealth" under the guise of environmental protection logistics and waste transportation companies. the amount of money involved in the crime of forced trading and extortion alone was as high as 3000 million yuan and the illegal proceeds were more than 5.9 million yuan. after the incident, 11 vehicles involved were seized, 26 houses were seized, 46 bank accounts were frozen, with a total amount of more than 1750 yuan, and the value of equity was frozen at 11.5 million yuan.

"soft violence" evades attack

Developers dare not participate in the construction of Yanghu area.

In order to avoid attack and survive for a long time, the organization forms psychological coercion and deterrence to the victims by means of "negotiation", "negotiation" and "mediation", mainly through "soft violence", such as gathering crowds, language threats, blocking work, and so on. force others to withdraw from projects that have been contracted, forcibly buy shares in projects contracted by others, or deliberately delay the construction period and refuse to exit after contracting the project. Deliberately creating a "stalemate" forces the project party to continue to contract the follow-up project.

From 2013 to 2018, 17 land lots were sold or under construction in Yanghu Ecological New City, and Zhou Jia, Zhou Yi and others participated in 9 commercial projects, accounting for 53% of the total. At the same time, the gang also carried out acts of blocking doors and blocking work on two other commercial projects, in an attempt to force the other party to pay "exit fees" and extort other people's property. as a result, the earthwork of the local commercial project cannot be carried out smoothly without the consent or participation of Zhou A, Zhou Yi and others, and other units and individuals do not dare to come to Yanghu Street to undertake earthwork illegal control situation.

On this basis, the organization "uses both hardware and software", or attracts the staff of grass-roots mass self-government organizations by means of bribes, gifts, dividends, etc., or beats the staff of the competent departments of the industry to obstruct law enforcement, after causing infringement on the legitimate interests of the masses and legitimate business enterprises, they do not dare to report or sue through proper channels. It seriously interferes with and destroys the work order of state organs, industry management departments and grass-roots mass self-government organizations and the order of local economic and social life.

Forced trading "the circumstances are particularly serious"

The gang involved in the triad finally perished.

On September 23, 2019, the Ningxiang Public Security Bureau was transferred to the Ningxiang Municipal Procuratorate for examination and prosecution on suspicion of organizing, leading, participating in underworld organizations, forced transactions, extortion and other crimes.

According to the filing standard of the crime of forced transaction in Article 226 of the Criminal Law, if a forced transaction is made for more than three times or three or more persons are forced to trade, the amount of forced transaction is more than 10,000 yuan or the amount of illegal gains is more than 2000 yuan, it belongs to one of the cases of "serious circumstances" of forced trading. In this case, the organization carried out forced transactions six times between 2013 and 2018, involving more than 3000 million yuan, which has reached the standard of "serious circumstances" of forced transactions, but it is doubtful whether it belongs to "particularly serious circumstances". The existing judicial interpretation does not specify the specific circumstances of the forced transaction "the circumstances are particularly serious", and there are different understandings about it in judicial cases.

According to the examination of the procuratorial organs, the determination of whether the forced transaction belongs to the case of "the circumstances are particularly serious" should be combined with the number of forced transactions, the amount of money involved, the amount of illegal gains, the means of committing the crime, and the duration, especially the degree of destruction to the market order, an overall evaluation should be made according to the principle of compatibility of crime, responsibility and punishment. In this case, the amount of forced transactions and illegal gains of the underworld organization exceeded the "serious circumstances" standard by more than 1000 times; in the earthwork of the related project, dozens of local villagers were incited to stop work and make trouble at the scene by issuing "appearance fees". Before and after blocking the door for more than a month, resulting in serious delay in the progress of the project, extremely bad nature, and great social impact. The six crimes of forced trading span as long as five years, involving most commercial projects in Yanghu Street, resulting in illegal control that local earthworks cannot be carried out smoothly without the consent or participation of the organization, and other units or individuals do not dare to contract them. The amount of money involved in the case is large, the duration is long, the scope involved is wide, and the social impact is bad, so it should be regarded as "the circumstances are particularly serious".

On June 5, 2020, the Ningxiang City Procuratorate filed a public prosecution with the Ningxiang City Court. On September 7 of the same year, the Ningxiang City Court issued a first-instance judgment, adopting the procuratorate's opinion on the charge of "particularly serious circumstances", and sentenced Zhou A and Zhou B to twenty-one and seventeen years in prison for committing crimes such as organizing and leading a mafia-like organization, gathering affray, forced trading, extortion, etc. for crimes such as bribery by non-state functionaries, he was sentenced to 21 and 17 years in prison, deprivation of political rights for five years, and confiscation of all personal property; Other members were sentenced to fixed-term imprisonment ranging from 12 years to 11 months and fined. After the verdict, some defendants appealed. On November 23 of the same year, the Changsha City Intermediate Court ruled to reject the appeal and uphold the original judgment.

Source: Justice Network