opinion on non-prosecution: Fan Wenyi
Criminal suspect withNo. []
? [The name, sex, date of birth, ID number, place of birth, nationality, education level, occupation or work unit and position (in which unit and position at the time of committing the crime), political outlook of the suspect. If he is a deputy to the National People's Congress or a member of the Chinese People's Political Consultative Conference, the specific level, session, member and representative, member number, current address, resume and criminal record of the suspect should be stated. If there are more than one criminal suspect in the case, it should be stated one by one. ]
The case of criminal suspect (name) suspected of (charge) was heard in our hospital in? Year? Month? Put on record for investigation,? (Take compulsory measures, change compulsory measures and extend the period of investigation and detention), and the investigation has now ended.
after investigation according to law, it was found that: (Summarize and describe the criminal facts identified by the procuratorate, including the time, place, process, means, purpose, motivation, harmful consequences and other factual elements related to conviction. According to the specific case, it should focus on the constitutive elements of the crime stipulated in the criminal law, especially the characteristics of the crime. When describing the criminal facts of a criminal suspect, first make a general description according to the constitution of the crime he committed, then list them one by one, and finally list the relevant evidence. Evidence includes evidence obtained through investigation that can prove that the criminal suspect's behavior constitutes a crime and needs to be investigated for criminal responsibility. )
To sum up, the criminal suspect's (name's) behavior violated the first clause of the Criminal Law of the People's Republic of China? The provisions of article, suspected of committing a crime (don't write constitute a crime), but? (specify the specific circumstances in which the crime is minor and there is no need to be sentenced to punishment or exempted from punishment. ) According to the Criminal Law of the People's Republic of China? Article, there is no need to be sentenced to punishment (or exempted from punishment), and according to the provisions of Article 135 and Article 142, paragraph 2, of the Criminal Procedure Law of the People's Republic of China, it is transferred for review without prosecution. ?
(Put forward suggestions on handling the seized articles. )
This letter is addressed to the department
year month day
investigation department (seal)
opinion on non-prosecution, Fan Wener
opinion on non-prosecution for transfer for review
No.1. Name, gender, age, nationality, place of origin and education level of the suspect.
criminal record.
second, the cause of action and the source of the case, the filing of the case and the compulsory measures taken.
III. Facts and evidence of the case identified.
IV. Reasons and legal basis for submitting opinions on non-prosecution, and suggestions on handling criminal suspects and seized articles.
v. Signature: to this unit.
unit (seal) that put forward the opinion of non-prosecution
date
VI. Attachment: transfer the case materials and evidence with the case;
the suspect is now at his place.
opinion on non-prosecution: Fan Wensan
Yuan Jian Gong Punishment No.1 [215]
Lu Yong, male, born on April 6, 1968, ID number: 3212196846283, Han nationality, undergraduate, private entrepreneur, legal representatives of Wuxi Zhensheng Knitwear Co., Ltd. and Wuxi Green Orange International Trade Company. On November 23, 213, he was criminally detained by Yuanjiang Public Security Bureau on suspicion of obstructing credit card management. On December 25 of the same year, he was arrested by Yuanjiang Public Security Bureau with the approval of Yuanjiang People's Procuratorate. On March 3, 214, Yuanjiang Public Security Bureau decided to get bail pending trial. On December 24 of the same year, the Yuanjiang Municipal People's Court decided that on January 1, 215, the Yuanjiang Municipal Public Security Bureau executed the arrest, and on the 29th of the same month, the court decided to release him on bail pending trial.
Defenders Zhang Qingsong and Zhang Yupeng, lawyers of Beijing Shangquan Law Firm.
The case was investigated by Yuanjiang Public Security Bureau. On April 15th, 214, Lu Yong was transferred to our hospital for examination and prosecution on suspicion of obstructing credit card management and selling counterfeit drugs. On May 12 of the same year, our hospital returned the case to Yuanjiang Public Security Bureau for supplementary investigation, and Yuanjiang Public Security Bureau transferred the case to our hospital again on June 1 of the same year. On July 1 of the same year, the Japanese hospital extended the review period of this case for 15 days. On July 22 of the same year, our hospital filed a public prosecution against Lu Yong for the crime of obstructing credit card management and selling counterfeit drugs. After accepting the case, Yuanjiang People's Court ruled to suspend the trial on December 23rd of the same year because Lu Yong failed to appear after being summoned, and made a decision to arrest Lu Yong the next day. On January 1th, 215, Lu Yong was arrested by Yuanjiang Public Security Bureau. On the 27th of the same month, our hospital withdrew the prosecution from Yuanjiang People's Court, and on the 29th of the same month, our hospital decided to release him on bail pending trial.
Yuanjiang Public Security Bureau transferred the criminal facts identified in the opinions on examination and prosecution:
In August 213, Lu Yong successively posted? samchina6846? Nominally obedient? Credit card source? Guo Zibiao, the owner of Taobao, bought three sets of bank cards with other people's identity information at the price of each set in 5 yuan. After purchasing these three cards, Lu Yong used an agricultural bank card named Xia Weiyu to absorb funds for selling counterfeit drugs.
In 212, Jainsanjay, an Indian, opened two accounts, Jainsanjay and Jainmadhu, in the Agricultural Bank of Wuxi City, Jiangsu Province, to absorb the funds involved in drug trafficking in India. Since January 213, Jainsanjay and Lu Yong have partnered with each other to sell India in China by means of online email and QQ group contact with customers? cyno pharmaceuticalsltd? Made by the company? VEENATlOO? 、? IMATINIB4? 、? IMATINIB1? Lu Yong used the accounts of two patients, Luo Shuchun and Yang Huiying, in Pu 'er City, Yunnan Province, to collect funds for drug sales. Until August, 213, in order to escape the blow and turn over the funds for selling Indian drugs, Lu Yong downloaded Guo Zibiao's? Credit card source? I bought this agricultural bank card with Xia Weiyu's ID card on the online shop. Used to collect India? cyno pharmaceuticals1td? Company Jainsanjay's money to sell drugs in China. Confirmed by Yiyang Food and Drug Administration: Lu Yong helped India? cyno? None of the drugs sold by the company in China are sold without the permission of drugs imported from China.
since 213, Lu Yong has sold more than 3 million yuan of these drugs, and during this period, according to Jainsanjay's instructions, the money was remitted to Zhang Jinxia's account engaged in foreign trade.
According to the legal examination in our hospital, it was found that:
In 22, Lu Yong was diagnosed with chronic myeloid leukemia and needed to take anticancer drugs for a long time. Is there a regular anticancer drug for symptomatic treatment of leukemia in China? Gleevec? The series is imported from Switzerland, and each box costs RMB 23,5. Lu Yong once took this medicine. In order to communicate with patients with the same disease, transmit the information of seeking medical advice to each other, and reduce the price of drugs by increasing the number of people who buy the same drug, Lu Yong began to establish a QQ group of patients with leukemia in April 24.
in September, 24, Lu Yong bought similar drugs made in India from Japan through others, and the price was about RMB 4, per box. The taking effect was the same as that imported from Switzerland? Gleevec? Same. After that, Lu Yong used the contact information provided in the drug instructions to directly contact the Indian anti-cancer drug distributor Sino, and began to buy anti-cancer drugs directly from Sino. After taking it by himself for a period of time, Lu Yong felt that similar drugs in India were effective and cheap, so he recommended them to his patients through online QQ group. Patients in QQ group on the Internet also joined in buying the drug from Indian Sino Company. Lu Yong and his patients first paid the drug purchase money to Indian Sino Company through Western Union and other international remittance methods. In the process, Lu Yong also used his expertise in understanding English to translate e-mails and other materials with Indian Sino Company for cancer patients such as leukemia for free. With the spread among patients, the number of domestic leukemia patients who bought the anticancer drug from India Sino Company gradually increased, and the price of the drug gradually decreased until each box was more than RMB 2.
Due to the above-mentioned payment method for drug purchase, it is necessary to change RMB into US dollars first and use English, which is cumbersome and difficult to operate. The patient who asked for medicine asked Indian Sino Company to open an account in China to facilitate payment. In March, 213, after the negotiation between Indian Sano Company and Lu Yong, who was the first to buy drugs from the company, Lu Yong set up a bank account in China to receive the patients' drug purchase money, and regularly transferred the drug purchase money to the domestic bank account in China named Zhang Jinxia designated by Indian Sano Company. After counting the specific drug purchases of patients in Lu Yong and informing Indian Sano Company, Indian Sano Company directly mailed the drugs to the patients. India's Sino promised to provide free medicines to patients who provide accounts. Lu Yong released the idea of Indian Sino Company among QQ patients, and Luo Shuchun, a Yunnan leukemia patient, contacted Lu Yong and offered to provide her and her wife Yang Huiying's bank account number in exchange for free medicine. Lu Yong manages the account provided by Luo Shuchun through the online banking U shield. After the patient pays the drug purchase money to the account, he transfers the drug purchase money to Zhang Jinxia's account, and informs Indian Sino Company to send the drug to the patient, which saves the patient from some tedious work in the past, such as exchange of money and translation.
after using Luo Shuchun's and Yang Huiying's accounts to pay for medicines for a period of time, Luo Shuchun heard that the transaction amount of bank cards was too large, which might lead to suspicion of money laundering, and he was unwilling to provide them again. In August 213, Lu Yong bought three bank debit cards with other people's identity information from Guo Zibiao at the price of each set in 5 yuan through Taobao. During the preparation for use, it was found that two of them could not be used because the passwords could not be activated, and only one debit card named Xia Weiyu was used. Lu Yong also manages this account through the use of U Shield in online banking, and transfers the money purchased by patients to Zhang Jinxia's account designated by Indian Sino Company.
According to the evidence on file, 21 patients with leukemia and other cancers have purchased more than 1 kinds of anticancer drugs worth about 12, yuan from Indian Sino Company through three bank accounts provided and managed by Lu Yong. All the help provided by Lu Yong to his patients is free of charge. For more than 1 kinds of anticancer drugs purchased, there are? VEENAT1? 、? IMATINIB4? 、? IMATINIB1? The three drugs have been identified by Yiyang Food and Drug Administration, and they are imported without China's approval.
The above facts are confirmed by the following evidences:
1. The evidences that prove that Lu Yong bought three debit cards include: (1) the seized online banking U shield and the bound mobile phone card; (2) bank debit card account opening information; (3) Taobao transaction records; (4) bank transaction details; (5) the testimony of Guo Zibiao; (6) Lu Yong's confession, etc.
2. The evidence that Lu Yong provided the account number used to pay the drug purchase money to Indian Sino Company is as follows: (1) The testimony of witness Pan Jiansan confirmed that he knew Lu Yong in 25, and his daughter published an article on the Internet entitled? Who can save my father? Lu Yong took the initiative to contact him and help him after learning about the article. The purpose of establishing QQ group in Lu Yong is: firstly, for the convenience of patients, it is used to exchange information between patients and ask for medicine; The second is to organize patients to negotiate with drug manufacturers to reduce drug prices after the expansion of the patient group. (2) The testimony of witnesses Luo Shuchun and Yang Huiying proved that they provided personal bank accounts for Lu Yong. (3) Witness Zhong Xiaoqiang, Zhang Aiqin and other patients' testimonies confirmed that it was very complicated to purchase the drug through western union and other international remittance methods, and some patients were difficult to understand the operation process. Lu Yong provided an account for the convenience of patients to pay for the drug, so that patients could get the drug in time and prolong their lives. The patients were deeply grateful to Lu Yong. (4) Testimonies of 21 patients who bought drugs and corresponding details of bank accounts proved that the patients who bought drugs either learned about the channels of purchasing drugs through online search or directly contacted Lu Yong, remitted money to bank accounts such as Luo Shuchun, Yang Huiying and Xia Weiyu managed by Lu Yong, and then received anticancer drugs mailed by Indian Sino Company. At the same time, most of the testimonies of 21 patients who bought drugs proved that the drugs were effective and had no adverse reactions, and no one proved that taking the drugs did harm to human health. (5) Lu Yong's confession that he provided Luo Shuchun, Yang Huiying, Xia Weiyu and other accounts to the patients who purchased the anticancer drugs from Indian Sino Company, so as to pay for the drugs purchased by the patients. The confession also said that what is the purpose of recommending Indian drugs at online QQ groups or patient exchange meetings? Communicate with patients to improve the quality of life of leukemia patients? ，? Providing RMB accounts is more to solve the problem that patients don't know English and the international remittance procedure is complicated, rather than to help Indian Sino Company sell? . (5) There are some QQ chat records and short messages between drug purchasers and Lu Yong, which prove that patients contacted Lu Yong to consult about drug purchase and Lu Yong asked for payment to the designated account. (6) Yiyang Food and Drug Administration issued "About the investigation? VEENAT1? The reply to the information of drug import and sales license proves that it was mentioned in the letter from the public security organ? Cyno pharmaceutical Ltd? Made by the company? VEENAT1? 、? IMATINIB4? 、? IMATINIB1? No information about drug import license was found in china food and drug administration database for three drugs.
The court believes that Lu Yong's purchase and helping others to purchase anti-cancer drugs imported without approval violated the relevant provisions of the Drug Administration Law of the People's Republic of China, but Lu Yong's behavior was not a sales behavior, which did not conform to the provisions of Article 141 of the Criminal Law of the People's Republic of China, and did not constitute the crime of selling counterfeit drugs. Lu Yong's behavior of buying three debit cards with other people's identity information from Guo Zibiao through Taobao, and using the debit card with Xia Weiyu's account name, violated the financial management regulations, but its purpose and purpose were entirely for leukemia patients to pay for self-administered drugs and buy anticancer drugs, and only one card was used, which was obviously minor and harmless. According to Article 13 of the Criminal Law of the People's Republic of China, it was not considered a crime. According to Article 15 (1) and Article 173 (1) of the Criminal Procedure Law of the People's Republic of China, it is decided not to prosecute Lu Yong.
The money frozen or detained by Yuanjiang Public Security Bureau in handling this case should be dealt with according to law.
if Lu Yong refuses to accept this decision, he can receive it himself.