January 16, 2009,http://www.antweb.org/cgi-bin/mt/mt-search.cgi, 35-year-old man in Hebei high pine ended his second detention center in Shijiazhuang, a prisoner for up to 17 months of life, free. For what happened in the past two years, high pine saying "there should not be a disaster," he's families have endured tremendous pressure and pain.
It is understood that the high pine case just a few million cases involving economic debt, but several of Hebei lawyer took over the case, but has given up his defense. Meanwhile, the case caused Hebei and Beijing, the various parties concerned. According to the case of long-term concern and help during the couple's high pine Reportage Writers Ishino said, the case itself is very simple, very complicated background.
High pine lawyer Xu Can you think: "This case is at best a civil dispute, but has been completely resolved in a civil dispute."
Report business of manufacturing and selling fake drugs
July 2004, appointed to the high pine dragon animal Shijiazhuang Pharmaceutical Co., Ltd. (hereinafter referred to as Dragon Company) general manager. Duration of employment after the expiry of June 2006, as the company did not find a suitable candidate, high pine forests continue to fulfill the general manager duties. September 10, 2006, high pine officially resigned, and before leaving the company for debt settlement and settlement of claims.
According to the high pines that there was a reason for his resignation, he found the company in the production of animal drugs added ingredients prohibited by the state, but there are also issues such as product identification. He graduated from Hebei Agricultural University, has long been engaged in this industry knows where high pine harm,http://www.keishicho.metro.tokyo.jp, "although it is used to feed livestock, but later became the food, it will harm human health." After the discovery of this problem, high pine has repeatedly proposed corrections to the company's legal representative,nike tn pas cher, no access to each other seriously.
November 2006,http://mari.spzgh.org/blog.cgi, the Ministry of Agriculture in conjunction with the relevant departments of Hebei Province, Shijiazhuang Pharmaceutical Co., Ltd. dragon animal suspected of illegal manufacturing and selling fake veterinary drugs cases investigated. The Ministry of Agriculture issued the notification in December 2006 under the said illegal dragon company primarily in the following facts: First, the approval number of counterfeit products, illegal production of unapproved veterinary products, and add the prohibited drugs; the second is allowed to add the product quality ingredients and pharmaceutical ingredients other than the standard has not been approved by the state; the third is tampered with by the Ministry of Agriculture approved product labels, brochures content; Fourth, the illegal use of other corporate name,http://bbs.eguangde.com/forum.php?mod=viewthread&tid=570066, and marked "Veterinary GMP through corporate" identity; five is not strictly According to veterinary drug GMP requirements for production and management.
Meanwhile the Ministry of Agriculture to make arrangements: Hebei Animal Husbandry Bureau to verify the type and quantity of veterinary drugs fake dragon production company, and ordered the company to stop production dragon recall sold fake veterinary drugs and oversee the destruction of fake veterinary drug companies and their product labels, brochures, and in accordance with the "Veterinary Regulations "the relevant provisions dealt with severely according to the law firm of illegal manufacturing and selling fake dragon illegal veterinary drugs; veterinary administrative department of the country organized forces of the selling and use of veterinary drugs jurisdiction to conduct a comprehensive inspection and clearing up" notification list "of illegal veterinary drugs products.
During the investigation of the process, the company was closed dragon cancellation.
"I'm in trouble since then." Said the high pines, in January 2007, Shijiazhuang Xinhua District Peace Road police station began to investigate him,louboutin pas cher femme, "said someone reported me occupied property of the company, I was puzzled, because all debt When the resignation are settled. "
Cheng Beigao whistleblower, detained for 17 months
In Shijiazhuang Municipal Public Security Bureau, Xinhua Peace Road police station, the reporter asked on a record January 25, 2007 to see that report high pine is the legal representative of the dragon's power into safe, high pine report in July 2006 months, the use of machines of its management of the company's daily operations, the tuition charged by the company during the Department of Animal Science, Hebei Normal University of joint schools for about 90,000 yuan secretly deposited in personal bank card account, for himself.
Tall pines that he did was put the matter to heart, because in the September 10, 2006 resignation, he and Dragon Company has been settled and signed a separation agreement.
On this separation agreement "within two years of salary B shares have been settled, Party A Party B responsibility for all termination date of signature (including businesses, schools)."
According to the high pines, said his company did several times in the extraction of a total of 89,http://www.weshj.com/bbs/forum.php?mod=viewthread&tid=991078,500 yuan tuition, but they handled the financial procedures, and on the withdrawal of documents signed. In his resignation settlement costs, the high pine dragon has returned to the company 15,000 yuan and offset the shares, so the two sides signed a separation agreement, the settlement of these documents after the company returned to him.
However, the police investigation on the matter did not stop. August 17, 2007, was arrested by the high pine Shijiazhuang Municipal Public Security Bureau, Xinhua Peace Road police station.
Reporters saw access to case material, case investigation rapidly, from filing to arrest, before and after only a few days. And since August 17, 2007, was arrested, to January 17, 2008 transferred to Shijiazhuang Xinhua District People's Procuratorate for examination and prosecution, the public security in the investigation process in the high pine detained up to five months.
April 20, 2008, Xinhua District Court in Shijiazhuang high pine a first instance verdict, the defendant guilty of embezzlement tall pines, sentenced to 4 years.
During the trial, the plaintiff believed that 89,500 yuan of tuition is not within the scope of "separation agreement". The witness also said that because the company had stolen financial room, so I suspect that the document is not the normal channels of income in the hands of the high pines.
When payment has been settled for the resignation of high pine back up documents, Xinhua District Court held that "only prove that the documents are now held by the defendant of high forest, does not prove that the defendant has a high turnover pine encroachment for tuition and Dragon Company over the settlement, "and explained that the testimony of the high pines about this with several witnesses contradicted, so" inadmissible. " According to Gao's lawyer Xu Can pine that these witnesses are either informants An electrical feed himself, or is the dragon's employees or business partners.
About the separation agreement, the Xinhua District Court held that a statement about this point of view the high pines and said several witnesses contradict such as "factually incorrect" inadmissible.
High pine dissatisfied appeal the verdict. July 9, 2008, Shijiazhuang Intermediate People's Court , that "the fact that part of the verdict is unclear,http://www.kh.rim.or.jp/~goburin/cgi-bin/custombbs.cgi/," the Xinhua District Court and sent back for retrial.
September 17, 2008, the Xinhua District Court ruling once again upheld.
High pine again appeal. January 5,boutique louboutin paris, 2009, Shijiazhuang Intermediate People's Court made the final decision: "The appellant (the trial the defendant) tall pine innocence."
Final judgment that "can not be excluded when the defendant has already left high pine tuition and animals Shijiazhuang Pharmaceutical Co., Ltd. Dragon settlement clearly, in this case the defendant can not be excluded and high pine is a reasonable suspicion of tuition fees through legal means to derive the defendant The only conclusion one tall pine guilty of embezzlement. "
In Shijiazhuang Second Detention Center in custody 17 months later, the high pine finally acquitted.
Simple cases, complex process
High pine lawyer,http://www.axiabridge.com/sunbbs/sunbbs.cgi, Beijing lawyer Xu Can Deloitte believes that the case is not complicated, there are only two high pine evidence can prove innocence. First, the share of the separation agreement, the parties to this agreement for authenticity are no objections, and withdrawals from the company's previous high pine trees, after the separation agreement, from the time of writing can reasonably infer the meaning of "89,500 yuan," also within the scope of the debt settlement and termination liability.
The second is in the hands of the six high pine on "89,500 yuan," the credentials of the original loan. This six documents also prove the high pine Dragon Company had borrowed from 89,500 yuan has been settled, or as a credit voucher documents are not in the hands of the debtor's high pines. More importantly, these two are the objective evidence to prove that the documentary evidence and physical evidence, the evidence for the effectiveness of the prosecution witness statements far beyond the subjective evidence.
Xu Chan also noted that, according to the Ministry of Agriculture shows that notice, the Ministry of Agriculture reported high pine time was in November 2006, the Ministry of Agriculture below the dragon is severely punished in December, while Ann electricity into the public security organs to "report" the appellant "post occupation "is the year in January,scarpe hogan donna, three times one after the other, the event causality and the case is very obvious.
"I owe her love, this life is not yet up." Tall pines that he had been detained in this 17 months, his wife Haizhen been rushing for his innocence, and eat a lot of pain.
Hai-Zhen Wang said her husband was arrested from the beginning, she has invited Hebei six lawyers. For various reasons, including several local lawyer has abandoned the defense of the high pines. Until three days before the retrial hearing, Beijing lawyer Xu Can only take over the case.
However, the home, the high pine forests facing new difficulties. In custody during that time, he entered primary school children also under tremendous pressure, often seem very depressed mood. In addition, according to the high pines, said his family had fairly good economic conditions, there are several hundred thousand dollars in deposits. However, in order to court, the lawyer for help in the process, not only to spend all their savings at home, but also a friend of foreign debt owed nearly 10 million, "to do some of your own business is yellow, and now rely on borrowed money to live." .
"I am not guilty, but was kept in the detention center for 17 months, so that our life has become now. Although acquitted, but I'm not happy." Tall pines said.