The first case of selling imitation guns in China was rejected. Family members： they will continue to complain. – 爱上海419论坛|上海夜生活论坛|上海品茶网|上海后花园论坛

Notice of Taizhou Intermediate People's Court of Zhejiang Province on Rejecting the Appeal

Notice of Taizhou Intermediate People’s Court of Zhejiang Province on Rejecting the Appeal

Li Daiqiong is reading her son’s letter.

　　one

　　Family complaint

　　The court previously ruled that the applicable criteria for gun identification were not legal and reasonable.

　　Court rejected

　　The Provisions on the Performance Appraisal of Firearms and Ammunition Involved by Public Security Organs, which was formulated by the Ministry of Public Security and issued on December 7, 2010, defined the scope, organs, standards, procedures and time limit of firearms appraisal. Non-standard guns that can’t fire standard ammunition, according to the provisions of the Criterion of Forensic Scientific Appraisal of Guns’ Injuring Power, are all regarded as guns when the muzzle specific kinetic energy of the projectiles fired is greater than or equal to 1.8 Joule/cm2. The complainant’s argument that the appraisal standard is not legal and reasonable is insufficient.

　　Family complaint

　　The fact that 1,100 guns were seized is unclear.

　　Court rejected

　　The firearms involved in the case were appraised by the appraisal institutions and appraisers with appraisal qualifications in accordance with the regulations. The 66 firearms sold in the inspection and the 1,100 firearms seized indoors were non-military firearms powered by compressed gas, and the appraisal was legal and well-founded.

　　three

　　Family complaint

　　Yan Zhiyuan only sells imitation guns, and there is no subjective intention to illegally buy and sell guns.

　　Court rejected

　　Defendant Yan Zhiyuan sold the above-mentioned gun-like items identified as non-military guns at a price of several hundred yuan and several thousand yuan for profit, which obviously had the subjective intention of illegally buying and selling guns. Moreover, it illegally sold guns in violation of gun management regulations, involving 1299 guns, of which 66 were sold, and 1100 seized guns were identified as non-military guns powered by compressed gas, which was a serious case of illegal buying and selling guns. Based on his truthful confession of the main criminal facts after being brought to justice, the accusation behavior does not constitute meritorious service, but it should be encouraged. The original judgment has given him a lighter punishment and appropriate sentencing.

　　four

　　Family complaint

　　Asking for acquittal, even if the crime is constituted, the sentencing is too heavy, which is unequal to the sentencing of Lei Mou.

　　Court rejected

　　Yan Zhiyuan did not manufacture guns himself. The guns involved were bought and sold for profit. He took the initiative to buy guns from his family and contacted his family to sell guns. He independently committed the crime of illegal buying and selling guns. Based on his initiative to carry out illegal buying and selling, it cannot be considered that his plot is lighter than that of his family, which was also sold after buying.

　　Lawyer’s statement

　　1. In many previous simulation gun cases, the stipulation of the Ministry of Public Security that the specific kinetic energy of the muzzle is "greater than or equal to 1.8 Joule/cm2" has become the biggest core. This standard also once caused public opinion to question. In Yan Zhiyuan’s case, the standard problem is still the biggest resistance to appeal.

　　2. Because the simulation guns involved in Yan Zhiyuan’s case were bought and sold in 2010-2011, this time point happened to be the time when the 1.8 Joule standard was issued by the Ministry of Public Security. On the one hand, there was a problem that people knew about the standard. On the other hand, were the simulation guns he sold before the standard was issued by the Ministry of Public Security, and were any of them in stock purchased before that?

　　Li Daiqiong failed to get the expected result, and her complaint was rejected by the court. Seven years ago, her son Yan Zhiyuan was sentenced to life imprisonment by the Intermediate People’s Court of Taizhou City, Zhejiang Province for illegally buying and selling guns for selling imitation guns. Yan Zhiyuan became the first party in China who was sentenced to life imprisonment for selling "toy guns".

　　A year ago, his family began to complain for Yan Zhiyuan. The family believes that the criteria for gun identification applicable to the judgment are not legal and reasonable. The son only sells imitation guns, and there is no subjective intention to illegally buy or sell guns. Moreover, the facts of finding guns are unclear and the sentence is too heavy.

　　Recently, the Intermediate People’s Court of Taizhou City, Zhejiang Province issued a notice rejecting the appeal, saying that the facts of the original judgment were clear and the evidence was sufficient. According to Yan Zhiyuan’s criminal facts, nature and circumstances, the conviction and applicable law were correct, the sentencing was appropriate and the trial procedure was legal. This also means that Li Daiqiong’s complaint failed.

　　Li Daiqiong said that he will continue to complain and look forward to his son’s early return home.

　　Case review

　　■ August 4, 2011

　　Yan Zhiyuan was arrested by the police.

　　■ June 2012

　　The police in Taizhou, Zhejiang released a message and cracked the "6.23 mega-network gun trafficking case" supervised by the Ministry of Public Security. Yan Zhiyuan is one of the main personnel in the case, and was once called the "gun king".

　　■2012

　　It was found through trial by the court that from September 2010 to August 2011, Yan Zhiyuan contacted through Internet QQ and sold 101 guns to Zheng Moumou, Sun Mou, Qian Moumou, Yang Mou and others through Taobao and Paipai. After identification, 66 of them were lethal and were identified as non-military guns powered by compressed gas. At the same time, the police also seized 1,198 kinds of guns from the rented house explained by Yan Zhiyuan, of which 1,100 were identified as non-military guns powered by compressed gas.

　　■ November 20, 2012

　　The Intermediate People’s Court of Taizhou City, Zhejiang Province pronounced that Yan Zhiyuan was guilty of illegally buying and selling guns, sentenced to life imprisonment and deprived of political rights for life.

　　In the process of penalty execution

　　By the decision of Zhejiang Higher People’s Court, it was reduced to fixed-term imprisonment of 20 years and three months, and the deprivation of political rights was changed to eight years.

　　■ November 1, 2017

　　The first prison in Zhejiang Province put forward the suggestion of commutation. Quzhou Intermediate People’s Court ruled that "it was found through trial that Yan Zhiyuan, a criminal, was able to plead guilty and repent while serving his sentence, seriously abide by the law, accept education and reform, actively participate in study, get excellent grades, actively participate in labor, have a correct attitude, obey distribution, and strive to complete labor tasks, and won seven praises." His sentence was reduced by nine months (the sentence ended on December 4, 2034).

　　■ Last August

　　Li Daiqiong received a special letter from her son. In the letter, Yan Zhiyuan suggested that her family could appeal for her.

　　■ Recently

　　The Intermediate People’s Court of Taizhou City, Zhejiang Province issued a notice rejecting the appeal.

　　Recalling that selling "toy guns" was sentenced to life imprisonment.

　　On November 24, Chengdu, it was rainy and chilly. Li Daiqiong failed to get the result she expected. A few days ago, she saw the notice of rejection issued by the court, and her complaint for her son failed. Seven years later, she has always been puzzled: "How can a toy gun be sentenced to an indefinite period? Even if it is guilty, isn’t it enough to educate it for a year or two?"

　　Son Yan Zhiyuan was arrested by the police on August 4, 2011. On the same day, Li Daiqiong was also called by the police for questioning.

　　According to police investigation, Yan Zhiyuan was suspected of several cases of selling guns online. From that day on, Yan Zhiyuan failed to go home again.

　　In June 2012, the police in Taizhou, Zhejiang Province released a message and cracked the "6.23 mega-network gun trafficking case" supervised by the Ministry of Public Security. Local media in Zhejiang reported that the sales network of the case spread all over the country, with more than 1,700 suspects involved. The police seized nearly 2,000 fake guns and more than 1.1 million air gun bullets, BB bullets and plastic bullets. Yan Zhiyuan is one of the main personnel in the case, and was once called the "gun king".

　　On November 20, 2012, the Intermediate People’s Court of Taizhou City, Zhejiang Province pronounced that Yan Zhiyuan was guilty of illegally buying and selling guns, sentenced to life imprisonment and deprived of political rights for life. At that time, Yan Zhiyuan was 26 years old.

　　Dramatic children go to prison, mothers work hard to bring up grandchildren.

　　Li Daiqiong failed to attend her son’s trial. Many years ago, she divorced her husband and brought up her son in one hand. Later, her son was arrested and his girlfriend left. She had to continue to bring two twin granddaughters. Another reason is that she always thinks that her son is selling a toy gun, and there won’t be much problem. Friends also told her that the toy gun would not be too heavy, and it might even be educated at most after finding out. She didn’t even get her son a defense lawyer.

　　Li Daiqiong didn’t know his son’s verdict until he received the verdict. That day, she received a letter from the court. At the end of the verdict, it said "life imprisonment", and she was instantly stunned.

　　After the son was arrested, it was two years after the mother and son met again. Li Daiqiong introduced that in 2014, she took her two granddaughters to Taizhou, Zhejiang Province and met her son in prison. "The meeting was only 40 minutes, and I collapsed as soon as I met, just crying." Li Daiqiong said that his son lost a lot of weight and his face was a big circle smaller.

　　It’s not just Yan Zhiyuan who has changed. Li Daiqiong’s life also changed dramatically. She needs to make a living and take care of her two granddaughters. She rented out the bedroom at home and squeezed into the living room with her granddaughters. The children slept on the sofa and she slept on the floor beside the sofa.

　　Letter from my son, I hope my family will complain.

　　Yan Zhiyuan also started correspondence with his mother. In many letters, Yan Zhiyuan told her daughter to study hard and reduce the burden for her family. I also told my mother that when her daughter grows up, she must be admitted to law school. Two can’t enter, but one can.

　　During Yan Zhiyuan’s seven years in prison, many domestic cases of selling imitation guns, such as Aunt Tianjin’s case, Liu Dawei’s case and Yu Meng’s case, were reported by the media, which aroused public concern, and some cases were reversed accordingly.

　　Yan Zhiyuan saw hope. Last August, Li Daiqiong received a special letter from her son. In the letter, Yan Zhiyuan suggested that she hoped her family could appeal for her. Once the complaint is successful, you can go home at least seven or eight years in advance. Later, Li Daiqiong found a lawyer, formally complained about his son’s case, and wrote back to his son, asking him to make a good reform in prison, and the things outside will definitely be carried out hard at home.

　　The court dismissed the original judgment and said the sentence was appropriate.

　　Lawyers yangweihua and Yan Huafeng became Li Daiqiong’s agents and appealed to the Intermediate People’s Court of Taizhou City, Zhejiang Province.

　　Li Daiqiong complained that the gun appraisal standard applied by the court’s previous judgment was not legal and reasonable, and Yan Zhiyuan only sold imitation guns, and there was no subjective intention to illegally buy and sell guns; The fact that 1,100 guns were seized is unclear; Asking for acquittal, even if the crime is constituted, the sentence is too heavy, which is unequal to the sentence of Lei Mou.

　　But a few days ago, Li Daiqiong got a reply to her complaint, and the court rejected her complaint. The Intermediate People’s Court of Taizhou City, Zhejiang Province stated in the notice of rejection of appeal issued on October 23, 2019 that the facts of the original judgment were clear and the evidence was sufficient. According to the facts, nature and circumstances of Yan Zhiyuan’s crime, the conviction and applicable law were correct, the sentencing was appropriate and the trial procedure was legal. Li Daiqiong’s appeal grounds do not meet the retrial conditions stipulated in the Criminal Procedure Law of People’s Republic of China (PRC), and the original judgment should be upheld.

　　The court held that the Provisions on Performance Appraisal of Firearms and Ammunition Involved by Public Security Organs, which was formulated by the Ministry of Public Security and issued on December 7, 2010, clarified the scope, organs, standards, procedures and time limits of firearms appraisal. Non-standard guns that can’t fire standard ammunition, according to the provisions of the Criterion of Forensic Scientific Appraisal of Guns’ Injuring Power, are all regarded as guns when the muzzle specific kinetic energy of the projectiles fired is greater than or equal to 1.8 Joule/cm2. The complainant’s argument that the appraisal standard is not legal and reasonable is insufficient.

　　At the same time, the gun-like articles involved in the case were appraised by the appraisal institutions and appraisers with appraisal qualifications in accordance with the regulations. The 66 gun-like articles that have been bought and sold in the inspection and the 1,100 gun-like articles seized indoors are non-military guns powered by compressed gas, and the appraisal is legally well-founded.

　　In addition, Yan Zhiyuan did not manufacture guns by himself, and the guns involved were bought and sold for profit. He took the initiative to buy guns from his family and contacted his family to sell guns, and independently committed the crime of illegal buying and selling guns. Based on his initiative to carry out illegal buying and selling, it cannot be considered that the plot is lighter than that of his family, which was also bought and resold. The defendant confessed the main criminal facts truthfully only after he was arrested, and the upper family voluntarily surrendered all the criminal facts. Although both of them have statutory lighter punishment circumstances, they should be given a wider punishment according to the law. It is appropriate for our court to convict and punish the defendant.

　　All the reasons for Li Daiqiong’s complaint were rejected, which also means that her complaint failed.

　　Lawyer’s "1.8 Joule" is the biggest difficulty in appealing.

　　In the view of lawyer yangweihua, it is expected that the complaint will be rejected. "No complaint can be made overnight."

　　The difficulty in appealing comes from several aspects. In many previous simulation gun cases, the stipulation of the Ministry of Public Security that the specific kinetic energy of the muzzle is "greater than or equal to 1.8 Joule/cm2" has become the biggest core. This standard also once caused public opinion to question. In Yan Zhiyuan’s case, the standard problem is still the biggest resistance to appeal.

　　In addition, yangweihua said that by consulting the court files, Yan Zhiyuan also took the initiative to report when he was in the detention center, and the detention center also issued corresponding materials, suggesting a lighter punishment. However, from the final result, the court did not consider it when sentencing.

　　At the same time, because the simulation guns involved in Yan Zhiyuan’s case were bought and sold in 2010-2011, this time point happened to be the time when the 1.8 Joule standard of the Ministry of Public Security was introduced. "On the one hand, there is a problem that people know about this standard, on the other hand, are these simulation guns sold by him before the standard of the Ministry of Public Security was introduced, and are the stocks purchased before this?" Yangweihua believes that these special factors should be taken into consideration in sentencing.

　　Regarding the result of this appeal, yangweihua said that he would discuss with his family and consider continuing to appeal to the procuratorate or the Zhejiang Higher People’s Court. Li Daiqiong also told the Chengdu Business Daily-Red Star journalist that he would continue to complain and look forward to his son’s early return home. (Chengdu Business Daily-Red Star Journalist Du Yuquan Photojournalist Wang Hongqiang)