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Earth Case | May every legal professional hold the sword of law and become the light of law - Fan's fraud case was detained for 922 days, lasted three years and went through three trials, and was finally declared innocent!

Publish Time:

Nov 22,2023

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Case Summary

Defendants Fan and Yang, in order to defraud land acquisition compensation, provided forged evidence to the court during the first and second instance trials of Yang's lawsuit against a certain government for the performance of land acquisition compensation responsibilities. As a result, the People's Court issued an administrative judgment in favor of Yang's claim. The public prosecution organ believes that Fan and Yang's actions constitute fraud and has filed a lawsuit with the court.

This case is China University of Political Science and Law, Criminal Justice College Wu Ming'an Professor and Our Firm Zhang Wenlin Lawyer Jointly handled case. Faced with a large amount of evidence from the prosecution, Lawyer Zhang Wenlin sought documentary evidence through various channels to prove the reasonableness of the corresponding years of the price of the land contracted by the defendants, thereby ruling out their intention to illegally occupy it.

Ultimately, this case lasted three years. After multiple supplementary evidence submissions, three court hearings, and 922 days of detention for the two defendants followed by 4 months of bail, the court ultimately determined that because it could not prove that the two defendants had the subjective intention of illegal occupation, the public prosecution organ's accusation that Yang and Fan constituted fraud could not be established, and thus the two defendants were acquitted.

Conclusion

According to statistics from the Supreme People's Court and Supreme People's Procuratorate in 2022, in 2021, the acquittal rate of cases prosecuted by procuratorial organs in courts was only three ten-thousandths. Comparing this to data from 2020, 2019, and even the past ten years, the acquittal rate of public prosecution cases has basically hovered around five ten-thousandths, which is basically the same as the acquittal rate in civil law countries.

This hard-won acquittal is a mixture of the defendants' bitterness and fortunate escape, the tenacity and hard work of the defense lawyer, and the chief judge's loyalty and adherence to the law.

This hard-won acquittal also demonstrates the integrity and progress of China's judicial system.

May every legal professional hold the sword of justice and become a light of the law. 。

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