Job Recruitment Website - Property management - The woman in Jilin City was accused of fraud and was released after being detained 127 days. How can this situation safeguard her rights and interests?
The woman in Jilin City was accused of fraud and was released after being detained 127 days. How can this situation safeguard her rights and interests?
After the matter was reported by the media, it attracted the attention of many netizens. Many netizens are curious. The prosecution believes that the existing evidence can not identify Ms. Zhang as suspected of fraud at all, but Ms. Zhang has been detained 127 days. What is the truth of this matter?
Let's take a look at the specific situation before and after Ms. Zhang was detained 127 days.
20 1 1 Ms. Zhang was introduced to Mr. Liu, the boss of a local real estate company. At that time, Mr. Liu's company built Shangjia Jinyuan Community in Yongji County, Jilin Province. During the period from 20 1 1 to 20 14, Mr. Liu borrowed money from Ms. Zhang for the construction of the community.
During the loan period, Mr. Liu also repaid part of Ms. Zhang's principal and interest. Later, there was a problem with Mr. Liu's company's capital chain, and there was no way to repay the remaining loans. After discussing with Ms. Zhang, Mr. Liu hopes that Ms. Zhang will buy her own house, and the outstanding loan will be used as the purchase price of Ms. Zhang. Therefore, Ms. Zhang signed a commercial housing sales contract with Mr. Liu's company Youjia Yongji Branch.
Mr. Liu's company has successively issued 765,438+10,000 yuan and13.23 million yuan purchase receipts to Ms. Zhang, and handled the advance notice registration in the local housing management department. Ms. Zhang thinks that these properties are all her own. What Ms. Zhang didn't expect was that Mr. Liu later refused to cooperate with Ms. Zhang to handle the property transfer under various excuses.
In a rage, Ms. Zhang took Mr. Liu's company to court and asked the other party to cooperate with her in transferring property. The court's first trial, second trial and retrial all supported Ms. Zhang's claim. After the end of the case, Mr. Liu only gave the key of the house involved to Ms. Zhang, and did not cooperate with Ms. Zhang to transfer the property to his name.
The borrower, in turn, accused Ms. Zhang of being suspected of fraud, because the property has not been transferred, and Ms. Zhang has been asking Mr. Liu to perform the court judgment. Unexpectedly, Mr. Liu actually complained to the wicked first. He called the police and said that he had been cheated by Ms. Zhang. Mr. Liu said that the real estate involved was not a real house sale. He only temporarily mortgaged the real estate to Ms. Zhang because he had no money to repay.
Later, Ms. Zhang was detained by the local public security bureau for 127 days. On September 20 19 18, the local police transferred Ms. Zhang to the procuratorate for examination and prosecution on suspicion of fraud. After reviewing various materials, the local procuratorate found that there was no evidence to prove that Ms. Zhang cheated Mr. Liu of his money. The charges identified by the public security organs are not established, and Ms. Zhang's behavior does not constitute fraud at all. The whole commercial housing sales contract was signed by both parties voluntarily.
In the end, the local procuratorate decided not to prosecute Ms. Zhang, and Ms. Zhang regained her freedom.
Ms. Zhang applied for state compensation. After Ms. Zhang was wrongly detained 127 days, she found a law firm. With the help of a lawyer, Ms. Zhang applied to the local procuratorate for state compensation. Lawyers believe that Ms. Zhang's situation belongs to the scope of state compensation. Because of some problems in handling the case, Ms. Zhang lost her freedom 127 days.
Yongji County Procuratorate believes that Ms. Zhang * * * has been detained for 127 days, and her personal freedom damage compensation should be calculated at the standard of 373.6438+00 yuan per day. Ms. Zhang was wrongly arrested and her reputation and family were seriously damaged. She decided to compensate Ms. Zhang for personal freedom damage of 47,383.70 yuan and mental damage of 20,000 yuan, and apologize to Ms. Zhang.
In this case, Mr. Liu borrowed money from Ms. Zhang to keep the company running, but in turn accused Ms. Zhang of cheating. As a businessman, honesty is the most important thing. Local investigators also have some problems in the process of handling cases. Fortunately, Ms. Zhang finally got state compensation and proved her innocence.
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