南平市首例由检察机关提起公诉的诽谤案宣判

时间:2019-07-13 来源:www.socialmediavideoandphoto.com

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7月2日,一名对宋西县检察院提起公诉的被告张某涉嫌诈骗森林,诽谤犯罪。宋西县法院在庭审和合议庭后作出刑事判决。法院认定,被告人张某违反了“森林法”的规定,并以非法占有为目的进行非法占有。立木量为8.0385立方米,人口众多。他的行为构成了诈骗森林的罪行;在信息网络上传播名声的事实是一个严重的阴谋,许多人严重损害了司法机关的信誉和人民法院的形象,造成了不利的社会影响。法院判处被告张某犯诈骗罪,判处有期徒刑一年零两个月,并处罚金8000元;犯亵渎罪,判处两年徒刑;对两种罪行合并处罚,决定判处有期徒刑两年零十年,并处罚金8000元。

据报道,此案是该市第一起被检察机关起诉的案件。对案件的成功起诉和量刑,对于维护国家司法机关的公信力,维护司法人员的声誉具有一定的基准意义。

On June 9, 2010, the defendant Zhang slashed Dengmou with a knife. In view of his surrender, the civil compensation agreement with the victim and the victim's fault, the Shunchang County Court sentenced the defendant to intentional injury. Zhang was sentenced to one year and seven months in prison and suspended for two years. However, after the expiration of the probation period, the defendant Zhang was dissatisfied with the court's judgment and believed that it was a legitimate defense to have a serious injury to Deng, and it did not constitute a crime. Since 2013, Zhang has repeatedly sent embarrassing, threatening, and intimidating text messages to the county courts through the mobile phone, and published two articles on Sina Weibo account on May 20 and July 23, 2016. A number of staff members of the Jixian County Court “obtained bribes, neglected their duties, and acted as a sanctuary umbrella”, and the two articles were forwarded 6282 times and 684 times respectively. In addition, in August 2016, the defendant Zhang arbitrarily hired workers to cut down the collective forests of Zhengshan Village, Zhengfang Village, Zhenglan Town, without a forest harvesting permit, totaling 8.0385 cubic meters. On August 27, 2018, the defendant Zhang was arrested and brought to justice.

After the case was negotiated by the Nanping Intermediate People's Court and the Nanping Municipal People's Procuratorate, the case was decided by the Songxi County Court. On April 1 this year, the Songxi County Procuratorate filed a public prosecution against the defendant Zhang for committing crimes and swindling forests. On May 22, the case was heard in court.

The judge reminded that the staff of the judicial organs perform their duties on behalf of the state organs in accordance with the law. Citizens have the right to sue or report to the relevant state organs on the illegal and dereliction of duty of the staff of the state organs, but they must not fabricate or distort the facts, and the offenders will be subject to the law. Severe punishment. (Zheng Yuqing, Zhu Weilong)

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