Prosecutor’s 354-day journey | 9:30 tonight


After the COVID-19 outbreak, he also forged a number of negative nucleic acid test reports. After 354 days of evidence obtaining and conviction, he was finally prosecuted. Since 2015, Liu Xueming has forged a large number of domestic grade A hospitals by using PHOTOSHOP technology.And sell the photocopy after making false medical examination report;He also falsified multiple negative nucleic acid test reports after the COVID-19 outbreak in 2020.However, because Liu xueming did not make real seals and only used virtual technology, the Qingpu District Procuratorate of Shanghai obtained evidence for 354 days and finally prosecuted him for the crime of forging public institution seals.On Feb 8, the court sentenced Liu to one year and 10 months in prison and fined him.Online stores selling “nucleic acid negative report” in January 2021, the public security organ in an online tour inspection, found that the point of origin to a shop for sale in Shanghai, Shanghai yan chai hospital, wuxi fourth people’s hospital, Peking University third hospital, and many other domestic 3 armour hospital check-up report, claiming that only need to provide check the person’s name, sex, age, date of inspection,It can produce certification reports for any designated hospital and “guarantee that there is no problem.”In the same month, public security mechanism will this net inn operator Liu Xueming criminal detention.After arriving at the case, Liu admitted that he had used Photoshop technology to fabricate physical examination reports and sell them for profit since the second half of 2015, charging 80 yuan to 120 yuan for each copy.Up to the case, has earned more than 40,000 yuan.On February 26, 2021, the public security organ submitted a request to qingpu District Procuratorate for examination and arrest.After checking hundreds of physical examination reports one by one, yan Tong, the chief prosecutor, found that there were also several negative nucleic acid tests mixed with the name of the hospital, including doctors’ signatures and seals.On March 5, 2021, Qingpu District Procuratorate approved liu xueming’s arrest on suspicion of forging public institution seals.Out of caution for COVID-19 related cases, the hospital reported liu Xueming’s case to a higher court after approving her arrest, and the higher court asked:The crime of forgery of seals of companies, enterprises, institutions and people’s organizations stipulated in Article 280 of criminal Law only mentions forgery of seals. Whether forgery of seals is the same as forgery of physical seals requires Qingpu District Procuratorate to collect relevant cases to prove the fact of Liu Xueming’s crime.According to the public security organs, Liu Xueming did not forge the physical seal, all using computer technology to forge the imprint.Seal the role of the prosecutors believe that manifests itself in the probative value of public credit, real seal to actually build to exert its effect on certain items, with the development of era, with the seal of present form is no longer limited to the over carrier such as plastic, wood, in the form of images, characters, storage, rendering in virtual space can also play to prove the utility,It can also damage public credit and market order, so it should be prohibited by law.Prosecutors Angus 闫桐 then select three typical forged a medical report, the seals were a hospital for logistic support of the Chinese people’s liberation army troops, yan chai hospital affiliated to Shanghai jiaotong university school of medicine, the second affiliated hospital of nanjing medical university, on the basis of three guide the public security organ forensics investigation, to verify authenticity of sex.The public security organs immediately went to the three places to get the special seal for the medical examination of the hospital, which was compared with the forged medical examination report of Liu Xueming, and required the hospital to issue a certificate confirming that the three seals were indeed inconsistent with the official seal of the hospital, and all were forged.At the same time, the prosecutor found the buyers of the three physical examination reports. After communication, they learned that the three buyers did indeed buy the physical examination reports in their stores after liu Xueming promoted them. After verification, they were indeed the three reports mentioned above.By collecting cases to corroborate facts, the prosecutor in charge of the case was checking relevant evidence, relevant witnesses and evidence were connected, and the evidence that Liu Xueming forged the hospital seal was fixed. At this time, it was April 26, 2021, and the public security organ transferred the case to the procuratorial organ for examination and prosecution.However, it is still controversial whether Liu’s behavior violated article 280 (2) of the Criminal Law, and the procuratorial organs continued to search for evidence after making a decision to release Liu on bail pending trial on May 25.In the following months, Yan Tong, a public prosecutor, collected similar cases nationwide, and successively found convicted cases in Heilongjiang, Henan and Anhui provinces for using PHOTOSHOP technology to forge prints, as well as similar cases in Shanghai.At the same time, the prosecutor did not give up fixing the criminal facts of the case. Apart from the confirmed three forged medical examination reports of grade A hospitals, he also selected 13 medical examination reports of 11 grade A hospitals nationwide, including 2 negative nucleic acid test reports.After verification with the above hospital and buyer, reinforced liu Xueming forged the fact of printing.Yan Tong, the public prosecutor, once again urged the public security organs to verify the buyers who bought and used the fake nucleic acid test reports one by one to avoid the possible risk of spreading infectious diseases.Fortunately, to the relief of prosecutors, none of the buyers of negative nucleic acid tests showed positive signs.After submitting all the cases above to the higher court again, it was finally recognized that there was no substantial difference in the ultimate purpose and actual effect of the physical seal and the impression. They were identical and should be given the same criminal law evaluation.On December 27, 2021, Qingpu District Procuratorate prosecuted Liu Xueming on suspicion of forging the seal of a public institution.However, at this juncture, liu Xueming, who had been pleading guilty, suddenly denied the crime.Originally, when just in the case, Liu Xueming on the one hand, although the crime of forging physical examination report can not escape, but to forge nucleic acid test negative report of the plot to try to pass;On the other hand, after he was released on bail in May 2021, he returned to his hometown in Shandong province, where he believed he could get away with the law.Therefore, when the notice of trial was sent to him, his immediate thought was to “find a way to get rid of the crime”.He chose a small hospital in his hometown, claiming he was mentally ill and demanding a doctor’s certificate.The doctor saw his speech without form, dancing, at that time really difficult to distinguish.After a complete set of questionnaire tests according to the procedures, the doctor found that Liu Xueming’s answers were inconsistent and there were signs of disguise. Therefore, the doctor evaluated liu Xueming’s mental condition as “severe abnormal mental state, but no positive mental symptoms were found. Professional evaluation and intervention were suggested, but the validity of the answers was seriously exaggerated.After Liu Xueming saw this evaluation, he thought he had been recognized for mental illness.Liu Xueming came to Shanghai, the hospital certificate to the prosecutor, the prosecutor asked his medication, Liu Xueming pretended to be stupid again, said, “I can not remember the medical history and the name of the medicine”, and even when to take the medicine, the dosage, all hesitating.The prosecutor became suspicious and asked the public security authorities to take him to a hospital for treatment.The hospital also did not detect mental abnormalities after diagnosis and treatment, only opened to assist sleep drugs.But Liu Xueming regards this medicine as “survival charm”, threaten “this below you can’t catch me”.The prosecutor took the drugs to the hospital for consultation and learned that they were not effective drugs for the treatment of mental illness.On February 8, the court opened the case, and the public prosecutor presented 15 pieces of evidence of forged photocopying, including two negative nucleic acid tests.Liu xueming denied it in court and said he was suffering from serious mental illness and should not be put in prison.Prosecutors have long expected that Liu Xueming will have this move, in court to provide evidence of the efficacy of liu Xueming drugs, Liu Xueming was speechless.On February 8, the court sentenced Liu to one year and 10 months in prison and fined him.The prosecutor reminded that the prevention and control of the epidemic is related to the overall situation, so we should not be careless or take chances. Forging nucleic acid test reports and concealing travel trips will seriously affect the prevention and control order of the epidemic.(All involved in the article are pseudonyms)

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