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10 years ago, the vice president of a transportation company Kaifeng Chen Jianxin go to account, back to 17,000 yuan of money. Chen Jianxin insisted that he give the money to the company manager. However, the manager said he did not receive the money. Ultimately, the court Chen Jianxin no evidence which it will be returned to the company, but for themselves, citing his sentence violated embezzlement, serving a year and a half.

"Can not prove the money to pay, and do what I got?" Chen has not given up a new complaint. Ten years, the case was removed three courts, experienced more than 10 times for trial. By the end of November this year, the final judgment of the High Court held that the presumption of improper verdict, the evidence is insufficient, Chen Jianxin innocence. News, Chen Jianxin excitement nights sleep,http://youshouldntassume.com/discussion/2362239/rzi4a0twgm, more than 10 years, his life, all the consumption in this lawsuit.

□ intern reporter Zhou Bin Zhougui Hong Ventura

Go to account,hogan uomo, said the return of the money to the manager

After more than a year, the new manager of reconciliation found to be 1.7 million of money going back into the company's financial accounts and no police investigation followed

"November 30, I received a call from the High Court, saying that I am not guilty verdict. My tears, the next few days and nights did not sleep well, so excited ......"

December 14, between 52 and ten-year-old Chen has helped his new complaint brother Chen Xi, with the final judgment of the High Court, and talk to reporters after 1996 to be posted out.

That year, Chen Jianxin in Kaifeng City, the second three branches Transport Corporation (hereinafter referred to as the three companies) as deputy manager and manager for Wang.

Chen Jianxin, said the three companies have a long-term client - Linzhou chemical plant Dongfeng truck to get a handle on the debt, and the three companies will negotiate the transfer price, agreed discount 95,000 yuan, as the company for the next three chemical plants freight transport of goods.

After the three companies will pick up truck was found defective car, money for repairs. Wang Lin City chemical plant requires a 15,000 yuan as compensation. Chemical agreed to compensation, but requires three repair invoices issued by the company.

At the time, allowing workers Su Ping Wang (a pseudonym) to find a blank invoice, and promised to Su Ping 2000 yuan commission after going back section. Su Ping find the invoice, the invoice to Chen Jianxin Wang, let him go to the state forest to account, this invoice including maintenance fare, management fees totaling 17,550 yuan.

September 18, 1996, arrangements for company drivers Liu Wang column (a pseudonym) driving and Chen Lin went to New York. 19, Chen Jianxin in Linzhou chemical signature of Finance took the 17,000 yuan in cash. 21, 8:00 pm, Liu column drove Chen to a new company.

Chen Jianxin, said: "At the time the car has been open to the manager's office door, I took the money in the bag alone into the office, when he heard that only Wang chemical plant to the cash, he said: 'You put me in cash, right here I pay to buy oil depot, from me to the financial reimbursement. 'I put 17,000 yuan in cash to Wang before I travel through the king permission from accessories shops borrowed 2000 yuan travel Wang count from 2000 dollars to me to have the borrower. "

In the morning, Chen New Company Finance, to the cashier and accountant said Linzhou chemical plant has to return the money, the money to Wang. Later, they met Su Ping Chen Jianxin, said the money going to come back, let it go to Wang take commission.

This past year, the company has never been filed with the Chen new paragraph regarding repair. Until early 1998, the three companies for a manager.

In April that year, the new manager at reconciliation with the Linzhou chemical discovery, September 19,http://pogalgraph.px2.jp/cgi-bin/diary/diary.cgi, 1996,http://www.etour.co.jp, Chen Jianxin signature recovered 17,000 yuan in the plant "pay cash voucher", and did not enter the company's financial accounts.

Three leaders informed of the company's new interpretation of Chen Jianxin, Wang asked the matter, Wang said Chen did not give the money to him. The company reported to down the river area Kaifeng City Public Security Bureau, the police involved in the investigation.

To account for the money manager who denies convicted jail

The court held that it really took the money, but also provide no evidence the money to managers to embezzlement sentenced to a year and a half of their sentence

Chen Jianxin find Su Ping, Liu column, corporate accounting and treasury, as well as accessories shops contractor, let these people make testimony to prove that he was assigned to go to account Wang, came back with the money to the manager's office to see Wang. After that, the police took measures against Chen Jianxin bail.

Chen told reporters the new,nike tn femme, at this time, the discipline inspection departments of the measures he took designations. He testified as a witness, in addition to the company's accounting, have changed their testimony. "Some say that the account did not see me come back to the Wang's office, and some did not remember I said the money has been handed over to Wang to return."

Soon, the discipline inspection departments to identify: Chen Jianxin to return public funds not pay corporate finance, nor to the company manager, occupied countries, collective property; Chen Jianxin collusion with the staff, so its out of perjury. The new vice president Chen was removed from office, and later was expelled from the party.

Chen Jianxin quite puzzled: "the case is still part of the public security investigation, not to the prosecutors and courts, Why the hell gave me buckle occupied countries, collective property of the hat?"

Discipline inspection department to handle it,http://happy-marron.com/cgi/diary/nicky/nicky.cgi, November 20, 2000,nike tn pas cher, Chen Jianxin was detained, was arrested in December. July 2001, Kaifeng City Shunhe Hui District Court verdict Chen Jianxin commit embezzlement and sentenced to one year and six months. Chen Jianxin appeal was dismissed Kaifeng City Court.

Two reasons for the trial court found Chen Jianxin constitute a crime, the plants have the cash to pay the Chen autographed new vouchers to prove Chen really took the new 1.7 million. Chen Jianxin said it would give the money to the Wang, Wang denied, Chen Jianxin provide no evidence the money to Wang.

Chen's brother Chen Xi is the new Kaifeng Municipal Party School teacher, was sentenced after Chen Jianxin, his brother has been a complaint. Xi Chen believes that the fact that there is not only the case of doubt, the court judgments reasoning puzzling. "Chen Jianxin provided no evidence to Wang, the money, then the court is to identify direct evidence Chen appropriation of new money? Is the defendant can not prove his innocence, he can be judged accordingly guilty? This is not Typical presumption of guilt it? "

Complaints and forth for years and finally recover the innocent body

High Court believes that the verdict on Chen Jianxin presumed embezzlement of funds improperly, insufficient evidence, declaring his innocence

February 2002, Chen Jianxin released from prison. During his sentence, Chen Xi to help him appeal, twists and turns, were unsuccessful. In 2007, the province's court system, large reception, the High Court arraignment the case, the case is sent back down the river district court for retrial. 2008,tiffany outlet, a retrial verdict upheld. Chen Jianxin appeal was dismissed after a complaint to the High Court.

In February, the High Court arraignment the case again, after a public hearing on November 2, on November 29 judgment.

High Court retrial identify, September 21, 1996 8:00 pm, Liu column drove Chen to a new company; Chen in the morning to Finance,http://www.ziru365.com/bbs/forum.php?mod=viewthread&tid=9907679, adding that the morning after the company's office manager Wang, Wang will be handed over 17,000 yuan. Wang said Chen Jianxin 17,000 yuan did not give myself, but between the next two years, which then did not want to send people to the state forest over the money.

The Court also identified inconsistencies in testimony on Wang: When the public security organs at December 31,nike air max 90 outlet, 1998 to ask Wang, Wang said Chen did not know the new money to the state forest, it often does not work for some time. When August 13, 2001 the second trial, Wang said Chen Jianxin to Linzhou want money they should know.

In addition, in March 1999, Wang told the public security organs, said September 21, 1996,http://ohh.sisos.co.jp/cgi-bin/openhh/jsearch.cgi, with the head of the Labour Department Zhang,http://www.51yam.com/home.php?mod=spacecp&ac=blog&blogid=, Moumou, Jo, to go fishing in the western suburbs, but Jo said fishing place in the northern suburbs. Zhang and Moumou said at noon under a light rain, and Kaifeng Municipal Meteorological Bureau proven record of observations recorded, September 21, 1996 are Partly cloudy weather, sunshine day, covering almost all day.

Wang's testimony because of unstable part of the plot and verify again proved inconsistent, the court held that not hereby affirm Chen Jianxin illegal possession of 1.7 million.

High Court believes that the original verdict Chen Jianxin could not give sufficient evidence to prove that they will give the money to the manager Wang 17,000 yuan, which is occupied Chen Jianxin,http://syrup.mints.ne.jp/diary/diary.cgi/, improper presumption, which confirmed the evidence insufficient Chen Jianxin occupation. High Court ruling, two court revoked Kaifeng Chen Jianxin case of criminal judgments, Chen declared innocence.

November 30 this year, Chen Jianxin a High Court received a three to this verdict.

"To see the leadership of the High Court, the three of us knelt on the ground and bowed to them, so many years, I only give parents knock overdone, the High Court judge who is my second parents to help me get rid of the back of the ten years of blame ...... "Chen Jianxin told reporters.

Chen Jianxin has this final judgment handed three companies and make a disposition of his discipline inspection departments, has not yet received a reply comments.

Chen Jianxin said that the annual wage is gone, the party did not, the whole mind on appeal, has been relying on aid to survive relatives. He said he will be based on the proceedings, apply for state compensation.

■ Lawyer Comments

Yan Bin, director of Henan statement Eastern Law Firm in an interview said that the court in making a guilty verdict, to review evidence submitted Procuratorate whether criminal facts are clear, the evidence is reliable and sufficient standards, such as reach, bear the burden of proof authorities (public prosecutor authority) to bear the adverse consequences of litigation, that the defendant was acquitted. "The burden of proof is reflected in it is the responsibility of particularity, it is a barrier to safeguard the legitimate rights of the accused."