Yang Moumou solid waste smuggling case
Yang Moumou solid waste smuggling case
Guangdong Province, Shenzhen Intermediate People's Court Criminal Judgement (2001) deep in early French second sentence the word prosecutor No. 299 Shenzhen Municipal People's Procuratorate. Li Ji Ni defendant, male, February 2, 1963 students, Han nationality, junior middle school education, mixing plant, Guangdong, China head of the South, now living in Guangdong Province Dong Dianbai water, Room 301 New Rd 134. November 18, 2000 was detained, January 9, 2001 arrest. Now charge. Defender beam satellite, the Department of Commerce, Guangdong interest law firm. Defendant Yang Guangping, male, September 30, 1953 born, Han nationality, college education, protect the profits of Guangzhou Rubber and Plastic Products Co., Ltd. General Manager and Guangdong Province, Southern Rubber Products Factory Dianbai technician, live in Guangzhou, 264 Renmin Road, G. November 19, 2000 was detained, January 10, 2001 changed to residential surveillance, the same year, was arrested on February 9. Now charge. Defender Lide Liang, Department of Guangdong Datong Law Firm. Defendant Cai Ying, female, June 13, 1958 students, Han nationality, culture, college, unemployed, living in Guangzhou City, 193 Gold Rush Road, Room 202. November 18, 2000 was detained in 2001, changed to 10 December the same year under residential surveillance on May 25 was then arrested. Now charge. Defender Red Sand Sea, the Department of the Shenzhen City Zhenchang Law Firm. Shenzhen Municipal People's Procuratorate v. deep three-word sentence review (2001), No. 114, the indictment charged the defendant Ni Li Ji, Yang Guangping. Cai Ying committed the crime of smuggling of solid waste, in August 14, 2001 this court prosecution. Court composed of collegiate law public hearing of the case bottom. Shenzhen Municipal People's Procuratorate appointed procurator Huang Guanghua appear in support of public prosecution, the defendant and defense counsel were present at the proceedings, has now heard the end. Shenzhen Municipal People's Procuratorate accused, in July 2000 asked the defendant Ni Li economic plan imported from Western Asia, a group of horse waste is not sub-latex gloves and dry the defendant Yang Guang agent to find someone to help handle the import and export declarations and so on. Yang Guangping defendant agreed to find the defendant by the defendant Cai Cai Ying milk responsible for the specific import, customs and other matters. August 9 the same year, the accused has the right to import Cai Ying find Foreign Economic Development Corporation of Guangzhou. And to promote the Division and representatives of the defendant Yang Guangping profits Rubber Products Co., Ltd. Guangzhou Paul signed the import of waste latex gloves September, the defendant Ni Li Ji, Yang Guangping, Cai Ying in Foshan, four 40-foot container of imported sub-latex gloves, as the third sub-latex gloves after containers Entry-Exit Inspection and Quarantine Bureau, Foshan City, identified as gloves do not meet the 2000-Al-10-056 provisions of Contract, Thereafter, the defendant Cai Ying, Yang Guangping agreed changes to import waste from the Shenzhen Yantian Port secondary latex gloves. In October the same year, 12H, defendant Yang Guangping, Cai Ying Guangzhou Rubber Products Co., Ltd. Paul in the name of profits, and the Promotion of International Trade Guangzhou Development Company signed a November 2000 15,22 May, accused by his friend Tsai Ying Shen Weiguo (also for treatment) and He Weiguang, the official fight blog (otherwise disposed of) and others, to Guangzhou International Trade Promotion Development Company of the name, entrusted to the Shenzhen City Tai Liheng Customs Services Limited to the general trade imports from Yantian to declare four containers (container number to POCU1211674, POCU1077225, BMCU1027030, GLDU098504) sub-latex gloves. Dapeng seized by customs officers found the bag inside the container for sub-living insects are flies. Entry-Exit Inspection and Quarantine inspection and appraisal by the salt, which contained four sub-container latex gloves is a Pounds of waste by weight of 96.47 tons. Prosecutor read out in court seized produced by, checking records, order contracts, agreements, declarations, test results of a single technical service, seizure list of items, photographs, witness testimony and confession of the accused and other evidence, that the accused Ni Li Ji. Yangguang Ping, Cai Ying's actions violated the Request the Court to justice. Ni defendant argued that the inspection department of economic legislation is not comprehensive inspection, resulting in poor quality of the goods may be due to side caused by the sellers that it is innocent, does not constitute a crime. The defender is not made outside the subject matter involved in the case of solid waste, according to solid waste is not the subjective intent of smuggling, the defendant did not know in advance where the container is solid waste shipment, the prosecutor referred to the fax mail is not direct evidence could not prove that Li Ji Ni deliberate smuggling of solid waste. Therefore, the prosecution of persons guilty of smuggling charges Ni Li economic crime is insufficient evidence of solid waste, Ni Li economic behavior does not constitute a crime. The defendant argued that it is introduced into the Yangguang Ping Li Ji and Cai Ying Ni knowledge, there is no criminal intent, and its counsel believe that some of the facts charged in the indictment is unclear, from the Foshan Sub-latex gloves imported from Thailand origin, and customs clearance of goods from Foshan All immigration has been no breach of the law has nothing to do with the case; Yang Guangping importing countries do not prohibit the intentional entry of solid waste, and no acts to evade Customs control, the behavior of import and export contracts signed on behalf of a unit behavior, and examine the case records are not the true meaning of the parties was not present, the Shenzhen Entry-Exit Inspection and Quarantine Bureau found the subject matter of this case is a solid waste is ultra vires does not have the force of law. In sum, defendant Yang Guangping only played the role of introducer, no offense, the prosecution alleged facts are not clear, lack of evidence, request the Court found Yang Guangping guilty. The defendant argued that the only description Cai Ying Yang Guangping understanding of import and export companies, which did not participate in the declaration, do not know the import of the waste in the salt, and salt Foshan imports of goods and imports of goods not related to prosecute the alleged facts is wrong. The defendants presented no evidence that the three defendants have a common criminal acts, Yim Tin Tsai Ying does not know is that imports of waste, not the subjective intent of smuggling solids, request the Court has acquitted Cai Ying. Examined, in July 2000 accused Ni Li economic plans wind from the horse waste is not a group of West Asia sub-latex gloves imported by Ni Jinming (at large) order and organization sources in Malaysia and entrusted the defendant Yang Guangping find someone to help handle the import agent customs and other matters. Implementation of the accused defendant Yang Guangping was introduced by the defendant Cai Cai Ying Li agreed to contact customs broker for import and export companies and the specific import, customs and other matters. August 9 the same year, Cai Ying than find a defendant the right to import the total year of Guangzhou Foreign Economic Development and to promote the Division and representatives of the defendant Yang Guangping insurance profits Rubber Products Co., Ltd. Guangzhou signed the agreement on imports of waste latex gloves. September of the defendant Ni Li Ji, Yang Guangping, Cai Ying in Foshan, four 40-foot container of imported sub-latex gloves. The investigation of suspected Chi Exit Inspection and Quarantine, Foshan City, the third sub-container has been used latex gloves, do not meet the terms of the contract, therefore, the cabinet goods were temporarily detained. After reexamination. The container cargo was released, Foshan City, Tsai Ying Exit Inspection and Quarantine verbally not to import such goods declaration in Foshan. Thereafter, the defendant Cai Ying, Yang Guangping agreed changes to import waste from the Shenzhen Yantian Port plays longitudinal plastic gloves. October 12 the same year, the defendant Yangguang Ping, Cai Ying to protect the profits of Guangzhou Rubber Products Co., Ltd. However, the name of children and the Guangzhou International Trade Promotion Development Company entered into agent import agreement. November 15, 2001, 22, accused by his friends He Weiguo Cai Ying (separate treatment) and He Weiguang, the official fight blog (otherwise disposed of) and other children of Guangzhou International Trade Promotion Development Corporation on behalf of Terry entrusted to the Shenzhen City Hang Customs Services Limited to the general trade imports from Yantian to declare four containers (container number to POCU1211674, POCU1077225, BMCU1027030, GLDU098504) sub-latex gloves. Dapeng inspection by customs officers found the bag inside the container in a sub-living flies and other pests. Exit Inspection and Quarantine and was identified by the Yantian container contained four sub-latex gloves are The above facts confirm the following evidence: 1, criminal case, seized after detection reports and confirmed that the defendant was the case Dapeng Customs seized in Guangzhou International Trade Promotion Development Corporation to declare the name of the four containers of waste imported latex gloves, weight 96.47 tons. 2, the customs inspection records and test technical service the results of a single one, the Yantian Container Inspection and Quarantine Bureau identified the four latex gloves for the national ban on the import of waste. 3, Customs detained vouchers. 4, the smuggled photograph. 5, the agreement, defendant Yang Guangping protect the profits of Guangzhou Rubber Products Co., Ltd. on behalf of the defendant Cai Ying contact with the Guangzhou Foreign Economic Development Corporation signed an agreement imports of waste latex gloves. 6, Foshan, the documents provided Exit Inspection and Quarantine, in this case the defendant on behalf of the Guangzhou Foreign Economic Development Corporation, one of the containers imported to declare the result of Foshan, Inspection and Quarantine of suspected latex gloves gloves are used by some, it was withheld, released after reexamination. Fu Jian end of the Council confirmed the above, despite post-release review, but not to oral notice in Foshan Cai Ying imports of such latex gloves. 7, order contract, import agency agreements, declarations, bills of lading and other documentary material. 8, testimony of witnesses, proved to be Yangguang Ping Zhang Peng, Cai Ying proposal to import waste latex gloves, the latter told Cai Ying Yang Guangping into the war is secondary when latex gloves so the declaration of , Zhang Ying Tsai reminded attention to quality issues, Cai Ying said that if the quality difference is concentrated in a large cabinet, to apply for approval by the nine Cai Cai Ying is certain to know to import waste. Fan of good open testimony and to corroborate the testimony of Zhang Peng. Lu Li, Shen Wei, He Weiguang, the official confirmed the fight Tsai Chi video links and other import declaration process of latex gloves: 9, confession of the accused. Quality of the evidence by the court above the Court recognized a few. Per capita three accused and their defense made no subjective intent of smuggling a crime problem. The investigation, Ni Li Ji had given requirement in Malaysia sent a letter ordering the supplier of waste sub-latex gloves, had prepared his statement salt into the container cargo before 6 months, had called to tell him his brother Ni Jinming a number of poor quality container, while Yang Guangping prepared statement into the original waste by the waste into the procedures for Tsai film, because a small number, then enter only the defective latex gloves, he knows there are waste products, how much is unclear; canopy also confirmed Yangguang Ping Zhang, Cai shadow of the original proposed Import of waste latex gloves, latex gloves imported in Foshan, a cabinet he seized due to quality issues, its attention to quality reminded Cai Ying Cai also said that if only poor quality is concentrated in a cabinet, to apply for approval by Choi; Cai Ying Foshan statement also had problem with the quality of the goods imported are also worried about the quality of the end of its problems, had Yang Guangping emphasized quality of the goods, the know the quality of the goods in question can not be imported. Combination of the above confession of the accused and witness testimony of view. Three defendants were originally meant it or latex gloves that because a small number, there is no bid for approval, granted in the absence of a large bid for the case, according to the three defendants did import a number of sub-latex gloves, but because of the quality of imported goods Foshan customs issues are withheld,ghd piastra (http://www.ghdoutletitalia.com), the three defendants to be any quality problems, decided to import the goods are sub-quality latex gloves or the State prohibits the import of waste, but as Yangguang Ping said, sources in the organization in Malaysia, the three defendants were not doing the quality of the goods should pay attention to the obligation to control the quality of the goods can not be aware of the situation down the seriousness of the problem with the laissez-faire subjective occurrence of smuggling criminal intention of solid waste . Therefore, the defendant and defense counsel are not justified, the Court not adopted, the three defendants counsel also proposed to Yantian Exit Inspection and Quarantine inspection results of technical services alone is ultra vires, there is no legal effect. The investigation accordance with the law, Inspection and Quarantine Bureau has the right to make an appraisal of solid waste, there is no legal basis for the defense view, not justified, the Court shall not be accepted. the Court held that the defendant Ni Li Ji, Yang Guangping, Cai Ying violation of customs regulations, evasion of Customs control , smuggling, immigration countries banned the import of waste has been their behavior constitutes the crime of smuggling of solid waste. prosecutor accused of the charges. defendant Ni contact organizational sources of economic legislation, in the crime play a major role are the main culprit; defendant Yangguang Ping, Cai Ying Contact Customs imports, in the crime play a secondary role, the Department of from; has mitigated punishment according to law. in accordance with twenty-six, twenty-seventh, Article fourteen, was sentenced to five years of imprisonment and fined 5000 yuan (sentence from 18 November 2000 17 November 2005 only); defendant Yang Guangping committed the crime of smuggling of solid waste: Li partnership for six months a year in prison and fined 20,000 yuan (sentence from November 19, 2000 to May 18, 2002 only); the defendant guilty of smuggling Cai Ying meters of solid waste was sentenced to one year and fined 10,000 yuan (sentence from November 18, 2000 to November 17, 2001 only); II, seized the waste latex gloves 96.47 slightly confiscated by the Dapeng Customs processing. as against the verdict by the second day of the receipt of the verdict within ten days, through the court or directly to the Guangdong Provincial Higher People's Court of Appeal, a written appeal, the appeal petition shall be submitted to the original and two copies. presiding judge tension Acting Judge Huang Sufen Acting Judge Wu Youbin two eleven year OO Le Clerk beam on the 14th