On February 22, the surging news learned from the agent of Gansu businessman Ma Guanghui that on February 18, the Ministry of Public Security made a criminal compensation reconsideration decision (hereinafter referred to as “Reconsideration Decision”) No. 2021, ordering the compensation obligation organ, namely the Qinghai Provincial Public Security Department, to return 5183.496 grams of Gold (full gold) to Ma Guanghui within 60 days from the date of receiving the Reconsideration Decision. (Related story: Businessman’s gold detained for 26 years: The Ministry of Public Security ordered the Qinghai Provincial Public Security Department to return more than 5,000 grams)
Ma Guanghui’s agent, Beijing Zhang Tieyan law firm lawyer Zhang Xinyu told the surging news, his client received the “reconsideration decision” on the morning of the 22nd, is currently considering whether to obey the decision.
Request for compensation was rejected, the client applied to the Ministry of Public Security for reconsideration
Surfing News previously reported that in August 1994, the Qinghai Provincial Public Security Department seized Ma Guanghui, who was suspected of gold trafficking, and decided to take him in for review. On January 17 of the following year, the Qinghai Provincial Public Security Department lifted the internment review of Ma Guanghui and did not pursue criminal responsibility or make other treatment decisions. In the process of handling the case, the Qinghai Provincial Public Security Department seized the gold carried by Ma Guanghui, and later sold the seized gold to the People’s Bank of China Qinghai Branch.
On May 21, 2016, Ma Guanghui applied to the Qinghai Provincial Public Security Department for criminal compensation, requesting the Qinghai Provincial Public Security Department to return more than 7,800 grams of the illegally seized gold. The Qinghai Provincial Public Security Department did not make a decision according to law after receiving the application. Ma Guanghui was not satisfied with the overdue decision of the Qinghai Provincial Public Security Department and applied to the Ministry of Public Security for criminal compensation reconsideration, requesting that a compensation decision be made in accordance with the law.
The Ministry of Public Security made a decision on September 25, 2020, ordering the Qinghai Provincial Public Security Department to make a decision within two months from the date of receipt of the decision.
The Decision on Reconsideration shows that the Qinghai Provincial Public Security Department reviewed Ma Guanghui’s application for compensation, identified the application as an application for administrative compensation, considered that the compensation matters proposed by Ma Guanghui were not confirmed by sufficient evidence, the compensation request could not be established, and the compensation request made had exceeded the statutory limitation period, and issued the Administrative Compensation Decision No. Qing Gong Xing Ji Zhi Zi (2020﹞1) on November 25, 2020. It was decided that no compensation would be made.
Ma Guanghui was not satisfied with the Administrative Compensation Decision and applied to the Ministry of Public Security for criminal compensation reconsideration, requesting that the Administrative Compensation Decision be revoked and the Qinghai Provincial Public Security Department be ordered to return the illegally seized gold in accordance with the law.
Ministry of Public Security: illegal seizure, does not support the relevant claims of Qinghai Provincial Public Security Department
The Decision on Reconsideration shows that this organ is of the view that: according to Article 18 of the State Compensation Law, the victim has the right to obtain compensation if criminal seizure measures are taken against property in violation of the law. In this case, the Qinghai Provincial Public Security Department handled the case of Ma Guanghui’s suspected gold trafficking, seized the gold involved in the case and sold it to the local People’s Bank, but since the original evidence of the case was not provided, it could not prove the legality of the seizure and sale of the gold involved in the case, which should be regarded as illegal seizure. The organ supports Ma Guanghui’s claim for the return of the seized gold.
On the question of whether the compensation request exceeds the statute of limitations. The Qinghai Provincial Public Security Department believes that the case occurred in August 1994, the gold confiscated and surrendered on August 27, 1994, the specific administrative act has been implemented, Ma Guanghui applied for state compensation in June 2016 has exceeded 2 years of the statute of limitations for compensation requests. The authorities believe that although the seizure of the gold involved in the case occurred before the implementation of the State Compensation Law on January 1, 1995, the Qinghai Provincial Public Security Department did not provide evidence to prove that the gold involved in the case had been processed and the processing decision had been sent to Ma Guanghui, which should be regarded as the seizure of the gold involved in the case was in a continuous state, and Ma Guanghui’s application for compensation should be considered as applying the State Compensation Law and not exceeding the statute of limitations for compensation requests. The organ does not support the claim of Qinghai Provincial Public Security Department.
Regarding the nature of the compensation application. The Qinghai Provincial Public Security Bureau is of the view that the handling of the gold in question is an administrative confiscation act, and the internment of Ma Guanghui is a mandatory administrative review measure. The authorities believe that the Qinghai Provincial Public Security Department failed to provide evidence to prove that the administrative confiscation decision was made on the gold involved; according to the 1987 “Notice of the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Justice on Strictly Combating the Criminal Activity of Smuggling Gold” Article 5, which should be implemented at that Time, and the amount of gold seized as claimed by the original police officer handling the case, the Qinghai Provincial Public Security Department should treat the case as a criminal case The case should be handled as a criminal case and has no right to make administrative confiscation decision on the gold involved. In addition, it is impossible to determine the nature of the law enforcement actions in this case based on the nature of the internment review. In addition, the evidence provided by the Qinghai Provincial Public Security Department can prove that its law enforcement acts are criminal investigation acts. In summary, the authorities do not support the above claims of the Qinghai Provincial Public Security Department.
Regarding the quantity of gold seized and the amount of gold compensation. Ma Guanghui and Qinghai Public Security Department’s claims and expressions on the amount of gold seized were inconsistent. The organ does not judge the quantity of gold seized in fact, and only determines the amount of gold compensation based on the legal provisions and evidence on file. In this case, Ma Guanghui claimed to return more than 7800 grams of gold, there is no evidence to prove. Ma Guanghui also claimed that the value of the seized gold 400,000 to 500,000 yuan, according to the value of 500,000 yuan and the then People’s Bank of China acquisition unit price of 96.46 yuan / gram equivalent to the amount of gold 5183.496 grams, and the original police officer Zhou Wenlong said the seizure of gold in about 5,000 grams, equivalent to 450,000 to 460,000 yuan, as well as August 27, 1994 list contained 4661.620 grams of gold gross weight Accordingly, the authorities decided to return 5183.496 grams of gold to Ma Guanghui at the discretion of the Qinghai Provincial Public Security Bureau.
According to the Decision on Reconsideration, the organ decided as follows: Qinghai Provincial Public Security Department was ordered to return 5183.496 grams of gold (full gold) to Ma Guanghui within 60 days from the date of receiving the Decision on Reconsideration.
Ma Guanghui’s agent, Beijing Zhang Tieyan law firm lawyer Zhang Xinyu told the surging news, his client received the “reconsideration decision” on the morning of the 22nd, and is currently considering whether to obey the decision.
Recent Comments