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| Three Model Cases Published by the Supreme People's Procuratorate regarding Legally and Severely Punishing the Use of Minors to Commit Gang Crimes | | 最高人民检察院发布3件依法严惩利用未成年人实施黑恶势力犯罪典型案例 |
| (April 23, 2020) | | （2020年4月23日） |
| Case No. 1 | | 案例一 |
| People v. Xie [REDACTED] for organizing and leading an organization of a gangland nature, picking quarrels and provoking troubles, gathering a crowd for a brawl, racketeering, opening casinos, and committing intentional injuries | | 谢某某组织、领导黑社会性质组织、寻衅滋事、聚众斗殴、敲诈勒索、开设赌场、故意伤害案 |
| [Basic Facts] | | 【基本案情】 |
| In February 2017, upon completion of his sentence, Xie [REDACTED] gathered Zhan [REDACTED], Chen [REDACTED], and other persons who were released upon completion of their sentences or social idlers to successively inveigle, recruit, and absorb 18 minors (in which15 of them were students) to commit such illegal and criminal activities as picking quarrels and provoking troubles and racketeering in Guxi Village, Chengnan Township, Jiaocheng District, Ningde City, Fujian Province, and they gradually formed an organization of a gangland nature in which Xie [REDACTED] was the organizer and leader, Zhan [REDACTED] and other persons were key members, Chen [REDACTED] and Weng [REDACTED] (minors), Yu [REDACTED] (a minor), and other 16 minors under 16 were participants. By using the forces of the criminal organization, Xie [REDACTED] committed racketeering of the Guxi Casino, arranged for the organization members to work with loan companies for seeking economic interests and giving support to activities of the organization. The organization committed a series of illegal and criminal activities including picking quarrels and provoking troubles, gathering a crowd for a brawl, racketeering, opening casinos, and committing intentional injuries, bullied and abused the people, committed crimes, and played the tyrant in the locality, which produced significant impacts in Guxi village and seriously destroyed the economic, social, and living order there. | | 2017年2月，谢某某刑满释放后，纠集刑满释放和社会闲散人员詹某某、陈某某等人，先后拉拢、招募、吸收18名未成年人（其中15名在校学生），在福建省宁德市蕉城区城南镇古溪村实施寻衅滋事、敲诈勒索等违法犯罪活动，逐步形成以谢某某为组织、领导者，詹某某等人为骨干成员，陈某某和翁某某（未成年人）、余某某（未成年人），以及16名未满十六周岁的未成年人为参加者的黑社会性质组织。谢某某利用犯罪组织势力，对古溪赌场进行敲诈勒索、安排组织成员在贷款公司上班获取经济利益，支持组织活动。该组织实施寻衅滋事、聚众斗殴、敲诈勒索、开设赌场、故意伤害等一系列违法犯罪活动，欺压、残害群众，为非作恶，称霸一方，在古溪区域内形成重大影响，严重破坏经济和社会生活秩序。 |
| [Performance of Duties by the Procuratorial Organs] | | 【检察机关履职情况】 |
| The people's procuratorates at the provincial, city, and district levels in Fujian Province separately established guiding groups and special case-handling groups and conducted speedy arrest and action according to the law. They prudently determined whether the minors are involved in the gang crimes. One minor that has participated in the organization of a gangland nature for a short time and engaged in few illegal and criminal activities was not determined as committing a crime of participating in an organization of a gangland nature; and they raised a sentencing proposal of giving a lighter punishment to the two minors that were determined as committing a crime of participating in an organization of a gangland nature, which was upheld by the people's court. | | 福建省市区三级人民检察院分别成立指导组和专案组，依法快捕快诉。审慎认定未成年人涉黑恶势力犯罪，对参加黑社会性质组织时间不长、参与实施违法犯罪活动较少的1名未成年人不认定参加黑社会性质组织罪；对认定参加黑社会性质组织罪的2名未成年人提出从轻处罚的量刑建议，得到法院支持。 |
| For the minors that were under the age for criminal liability, the people's procuratorates conducted “interview and survey, and assistance by categories” and actively persuaded 15 students involved to return to school in time. For the minors that continued their studies, jointly with social workers and public interest institutions, the people's procuratorates carried out “one-to-one” accurate assistance and education and in the forms of legal education, psychological counseling, group guidance, and public interest voluntary activities, conducted multi-lateral cooperation and established an effective pattern of observation, protection, assistance, and education. For the minors involved that have stepped into society, the people's procuratorates assisted them in receiving training in vocational skills in the assistance and education base and recommended them for a job. | | 对未达到刑事责任年龄的未成年人，实行“走访摸底、分类帮扶”，积极规劝15名涉案学生及时返校就学。对后续继续升学就读的未成年人，与社工、公益机构共同开展“一对一”精准帮教，通过法治教育、心理咨询、团体辅导、公益志愿活动等形式，多方联动构建有效观护帮教模式。对进入社会的涉案未成年人，依托帮教基地培训职业技能，联系就业单位。 |
| Under the circumstances where the minors involved were mainly from single-parent families, left-behind families, and families lacking of care, the People's Procuratorate of Jiaocheng District cooperated with social work organizations and communities and arranged for parents of the minors involved to carry out parental education. | | 针对涉案未成年人主要来自单亲家庭、留守家庭以及监护缺失家庭的情况，蕉城区人民检察院与社工组织、社区等合作，组织涉案未成年人父母开展亲职教育。 |
| Considering that there were many students among the minors involved, the people's procuratorates actively promoted source governance. Jointly with eight members of the leading group of comprehensive administration of public security around the campus, the procuratorial organ carried out special supervision and inspection on 11 major primary and secondary schools in the urban areas and in such aspects as internal security management of schools, peripheral security, fire safety, food safety, and school bullying, conducted comprehensive screening and rectification by means of on-site inspection, on-site correction, on-site assignment, and rectification within a prescribed time limit. The People's Procuratorate of Jiaocheng District signed an Agreement on Conducting Co-construction by the People's Procuratorates and Schools and Advancing the Construction of Rule of Law Campus with the Education Bureau of Jiaocheng District and dispatched vice presidents for rule of law to nine primary and secondary schools within its jurisdiction to guide schools in carrying out legal education. | | 针对涉案未成年在校学生较多的情况，积极推进源头治理。联合8个校园周边治安综合治理领导小组成员单位，对城区11所重点区域中小学校开展专项督查，从学校内部安全管理、周边安全、消防安全、食品安全、校园欺凌等方面，采取现场查验、现场纠正、现场交办、限时整改等方式，开展全方位排查、整改。与区教育局签订《检校共建、推进法治校园建设协议》，向辖区9所中小学校派驻法治副校长，指导学校开展法治教育工作。 |
| On December 20, 2018, the People's Court of Jiaocheng District legally determined that Xie [REDACTED] committed a crime of organizing and leading an organization of a gangland nature, a crime of picking quarrels and provoking troubles, a crime of gathering a crowd for a brawl, a crime of racketeering, a crime of opening casinos, and a crime of intentional injuries and for joinder of penalties for plural crimes, the Court decided to execute the fixed-term imprisonment of thirteen years and six months and confiscation of all their personal property. Among the sixteen minors that were not subject to criminal liability, eight minors were admitted to technical secondary schools and secondary vocational schools, two minors continued to study in junior middle schools, and six minors were employed upon assistance and education. In particular, two minors got good marks in the shooting event for the teenage class in the Sports Games of Fujian Province. | | 2018年12月20日，蕉城区人民法院依法判处谢某某犯组织、领导黑社会性质组织罪、寻衅滋事罪、聚众斗殴罪、敲诈勒索罪、开设赌场罪、故意伤害罪，数罪并罚，决定执行有期徒刑十三年六个月，并处没收个人全部财产。16名未被追究刑事责任的未成年人经帮教后考入中专、中职学校8人，继续在初中部学习2人，就业6人，其中2人在省运会射击项目青少年组竞赛中取得好成绩。 |
| [Significance] | | 【典型意义】 |
| The adults use minors to commit illegal and criminal activities involving gangs, which gives rise to increasing prominence of the problem of involvement of minors in gang crimes, seriously damages the healthy growth of the minors, and endangers social harmony and stability. Great attention shall be paid to such problem. | | 成年人利用未成年人实施黑恶势力违法犯罪活动，导致未成年人涉黑恶势力犯罪问题逐渐凸显，严重损害未成年人健康成长，严重危害社会和谐稳定，应引起社会高度重视。 |
The crackdown priorities should be highlighted and gang-related adult offenders who use minors to commit gang crimes should be legally and severely punished. Inveigling, recruiting, and absorbing the minors to participate in an organization of a gangland nature and commit illegal and criminal activities involving gangs are typical acts of using minors to commit gang crimes. Using the minors under the age for criminal liability to commit gang crimes is one of the circumstances where a heavier punishment should be given for using minors to commit gang crimes. The ringleader, key members, organizer, principal criminal, and members directly using minors for crimes of the organization of a gangland nature, the criminal group of evil forces, or the evil force should be given a heavier punishment.
．．．．．． | | 突出打击重点，依法严惩利用未成年人实施黑恶势力犯罪的涉黑恶成年犯罪人。拉拢、招募、吸收未成年人参加黑社会性质组织，实施黑恶势力违法犯罪活动，是利用未成年人实施黑恶势力犯罪的典型行为。利用未达到刑事责任年龄的未成年人实施黑恶势力犯罪的，是利用未成年人实施黑恶势力犯罪应当从重处罚的情形之一，应当对黑社会性质组织、恶势力犯罪集团、恶势力的首要分子、骨干成员、纠集者、主犯和直接利用的成员从重处罚。
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