Prison "mobile phone situation": black boss posted a circle of friends in prison, criminals used mobile phones to sell drugs and hunt for beauty
"Black Boss" Wang Shibing used bribes to pave the way during his sentence. The prison guards brought mobile phones, bank cards, cash and more than 400 catties of liquor to prison for him. This criminal, who often used his mobile phone to post on Moments in prison, also received two commutations for "active reform". A few days ago, The Paper reported on the bizarre "mobile phone case" that happened in Jingzhou Prison in Hubei.
According to a person familiar with the matter, also in Jingzhou Prison, a criminal used his mobile phone to direct drug transactions during his sentence, making 297 calls and committing a major case of smuggling and transporting drugs.
The judgment document obtained by The Paper shows that on the same day that the prison guard Xu Mou involved in the "Wang Shibing case" was sentenced, the Hubei Jingzhou Intermediate Court made a second-instance ruling on the above-mentioned "mobile phone drug trafficking case": prison guards Yang Weijun and Zhang Wu were guilty of dereliction of duty and were convicted respectively. Sentenced to two years and six months in prison, one year and six months.
Mobile phones, for prisoners, are prohibited items that cannot be brought into prison and used. The surging news searched 20 cases judged by local courts since 2016, showing that mobile phone disciplinary cases occurred in prisons from time to time, and most of the cases showed the characteristics of "mobile phone rent-seeking". Use mobile phones to conceal or downgrade the processing, and also provide help for criminals to report commutation as usual; some provide criminals with mobile phone calls, and some even recharge the criminals’ mobile phone bills.
Attorney Wang Fu, a partner of Beijing Xinbang Law Firm, believes that in the era of technology-driven social development, a mobile phone has long been more than just a call function, but can build a "small society" through various applications. In the hands of IQ criminals, the consequences may be more serious than imagined, so that criminals in prison can endanger society.
"In recent years, the prison management department has unprecedentedly increased the management of contraband such as mobile phones, but it is worth noting that the management of prison contraband is still within the scope of the adjustment of the prison's internal system and disciplinary regulations. Detailed rules and regulations, scientific demonstrations and detailed regulations on the types of prisons prohibited items, supervision and penalties should be the general trend and the solution to the root cause." Wang Fu said.
Drug trafficking case, the commander is hiding in prison
On January 17, 2019, the Public Security Bureau of Public Security County, Hubei Province cracked a major case of smuggling and transporting drugs, and seized more than 60 kilograms (60,883.80 grams) of methamphetamine (meth) and methamphetamine tablets (commonly known as "Maguo") at the scene. 1149.27 grams.
The results of the police investigation were astonishing: the commander of this drug trafficking case turned out to be a criminal Chen Moujun who was serving a sentence in Jingzhou Prison.
Why can criminals serving their sentences direct drug trafficking? The answer is: cell phones.
According to the judgment of the People's Court of Jianli County, Hubei Province: From November 2017 to January 2019, Chen Moujun, a prisoner serving in Room 9, Section 2, Section 2, of Jingzhou Prison, illegally obtained a mobile phone while serving his sentence and used two mobile phone cards. He frequently communicated with the outside world through text messages, phone calls, WeChat and other means of communication, and at the same time lent his mobile phone to several inmates in the same cell and in different cells.
From September 1, 2018 to January 17, 2019 alone, Chen Moujun used two mobile phone numbers to call the outside world a total of 297 times, of which a single call lasted up to 69 minutes. Especially during this period, Chen Moujun called Zhou Mou, Yang Mou, and Guo Mou 52 times to organize and arrange the smuggling and transportation of drugs. Until the Hubei Public Security County Public Security Bureau cracked the case of smuggling and transporting drugs.
The investigation showed that Chen Moujun and others smuggled and transported a huge amount of drugs, and smuggled and transported them from overseas to Jingzhou, which has seriously endangered the society. On December 10, 2019, the Jingzhou Intermediate People's Court found Chen Moujun guilty of smuggling and transporting drugs, sentenced to death, deprived of political rights for life, and confiscated all personal property.
Two prison guards jailed for falsifying prison clearance records for inspection by superiors
How did Chen Moujun get his mobile phone? The verdict showed that this circumstance was not clarified. However, the dereliction of duty and dereliction of duty by the prison guards exposed in it is sobering. Since then, Jingzhou Prison guards Yang Weijun and Zhang Wu have been investigated.
According to the judgment of the court, from November 2017 to January 2019, Yang Weijun and Zhang Wu, as the police officers in the second sub-district of the sixth cell of Jingzhou Prison, did not conscientiously perform the duties of the police officers on duty in the Hubei Provincial Prison Administration during the process of being on duty. ”, it has not been found that Chen Moujun held and used a mobile phone for a long time, especially during the period of duty from September 2018 to January 2019, Chen Moujun used his mobile phone to contact his accomplices Yang Mou, Zhou Mou and Guo Mou many times. not found.
Yang Weijun, as the responsible police officer of the 9 cells in the 2nd sub-district of the 6th cell, is responsible for the daily management of the criminals in the 9th cell and the "three guarantees" of the "two illegal products" (package, area, and inspection) work. According to the regulations, implement the requirement of clearing the prison room once a week, check the contraband and illegal goods in the prison room for a long time without complying with the regulations, and forge the clearing records to cope with the inspection by the superiors, causing Chen Moujun to hold the prison for a long time for a long time. The existence and use of mobile phones could not be found, so that Chen Moujun could use mobile phones normally for a long time, and successfully use mobile phones to organize criminal activities of smuggling and transporting drugs.
The court also found out that from May 2018 to January 2019, Zhang Wu, as the responsible policeman of the 1st cell in the 2nd sub-district of the sixth prison, was the responsible policeman of the 1st cell. Connect the power source to charge the phone. At the same time, Chen Moujun also frequently placed his mobile phone in cell 1, and Huang Mou helped to charge it. Zhang Wu also failed to implement the requirement of clearing the prison room once a week. For a long time, he did not check the contraband and illegal goods in the prison room he contracted for a long time. It can be found, so that Chen Moujun can use the mobile phone normally for a long time, and successfully use the mobile phone to organize the smuggling and transportation of drugs.
On December 27, 2019, the People's Court of Jianli County, Hubei Province convicted Yang Weijun and Zhang Wu of dereliction of duty and sentenced them to two years and six months and one year and six months, respectively. After the sentence was pronounced, the two refused to appeal.
The Jingzhou Intermediate People’s Court held the second instance that Yang Weijun and Zhang Wu, as judicial staff members of the national penalty enforcement agency, seriously neglected their duties in the execution of penalties and supervision of criminals, failed to clear their prisons in a timely manner as required, and fulfilled their disciplinary obligations. The criminals used mobile phones in large areas in the prison, especially It was one of the criminals who used a mobile phone to organize people outside prison to commit major drug crimes, which seriously endangered the society, seriously damaged the image of the national penalty enforcement agency, and caused a bad social impact.
On July 8, 2020, the Jingzhou Intermediate Court ruled in the second instance: the appeal was dismissed and the original judgment was upheld.
"Mobile phone cases" occur frequently in prisons, and some prison guards even charge the criminals' phone bills
It is not an isolated case for criminals who are serving their sentences to use mobile phones to direct drug trafficking in prisons.
According to the judgment issued by the court, in the second half of 2014, a "mobile phone crime case" was investigated and dealt with in Chishan Prison in Yiyang, Hunan Province, including the former chief of the investigation department, the chief of the health department and the former vice president of the prison hospital in Chishan Prison. Many prison staff in the prison knew that Gu, who was serving a prison sentence in the prison area, kept and used a mobile phone, and neither investigated and punished according to the law and regulations, nor did they report to the prison leaders and relevant supervisory departments. Instead, Liu Mukun, the former vice president of the prison hospital, helped Gu pay the phone bill twice. Later, Gu used his mobile phone in prison to instruct Lu, Wang, and others outside the prison to sell and transport more than 5,000 grams of the drug methamphetamine. Between 2015 and 2018, the aforementioned prison staff were sentenced by the courts.
Chishan Prison guards patrol the prison. "Hunan Chishan Prison" WeChat public account
There have been many "mobile phone cases" in prisons in recent years, and they have attracted widespread attention.
On November 3, The Paper reported that Wang Shibing, the "boss" of an underworld organization, bribed five prison guards while serving a sentence in Jingzhou Prison, and weaved a network of relationships for him. He was imprisoned with mobile phones, bank cards, a large amount of cash and more than 400 catties of liquor, which led to the proliferation of contraband in the prison, and incidents of violations of laws and disciplines emerged one after another. While serving his sentence in prison, Wang Shibing often used his mobile phone to post photos of criminals gathering and drinking in prison on his WeChat Moments. He posted more than 600 Moments, which caused thousands of comments. Such a prisoner even won the prison's praise, merit and active reformer title, and his sentence was successfully commuted.
As early as January 2015, the media exposed the fraud scandal of inmates in Nehe Prison in Heilongjiang Province: prisoner Wang Dong used mobile phone WeChat and other tools to chat with a number of women. thousand dollars. In addition, he obtained nude photos of a woman whose husband reported the crime to Nehe Prison and the prosecutorial system because of the threat of harassment.
After the report was published, the Heilongjiang Provincial Department of Justice and the Provincial Prison Administration formed a joint investigation team stationed in Nehe Prison. A week later, 14 people, including Gao Qingxiang, Secretary of the Party Committee and Warden of Nehe Prison, and Yang Fuzhi, political commissar, were dismissed and removed from their posts. Another 4 policemen were placed on file for investigation on suspicion of abuse of power, dereliction of duty, and bribery.
On March 31, 2018, the media reported that Zhang Junbo, a prisoner in Mudanjiang Prison in Heilongjiang, used his mobile phone to chat online in prison, defrauding the woman of millions of yuan, and several prison guards were dealt with. The relevant person in charge of Mudanjiang Prison once responded to the incident, saying, "The fact that this can happen shows that there are loopholes in our prison management, and we should reflect on it."
On April 3 of that year, the Heilongjiang Provincial Department of Justice notified through its official website that 14 police officers were involved in the case, and 7 were held criminally responsible.
How should prisons manage cell phones?
Lawyer Wang Fu, a partner of Beijing Xinbang Law Firm, introduced that Article 18 of my country's "Prison Law" stipulates that "when a criminal is admitted to prison, his person and the items he is carrying shall be strictly inspected. Non-necessities of life shall be kept by the prison or with the consent of the criminal. If they are returned to their family members, the contraband will be confiscated.” Contraband is the items that prisoners serving in prison are strictly prohibited from carrying and using, such as cash, drugs, mobile phones, etc. If they are not prohibited, they will undoubtedly interfere with and hinder the prison management and criminal reform order. The criminals' communication with the outside world should be regulated according to the law. Therefore, mobile phones are naturally contraband.
A person familiar with the matter said that high-IQ criminals serving prison sentences and reforming are difficult to manage. Once the mobile phone is in hand, the risk of using it for illegal crimes increases sharply. In fact, from legislation to local judicial administrative departments, prison administrations, and prisons, there are strict systems for prison order and contraband management. It is a serious violation of discipline, which is higher than ordinary violations of discipline, if a prisoner serving a sentence in a prison hides or uses a mobile phone.
As early as 2006, the Ministry of Justice promulgated the "Several Regulations on Strengthening the Security and Stability of Prisons" which clearly stipulated that "Those who hide or use mobile phones, hide or take drugs, shall be punished by confinement. No application for commutation or parole will be made (except for those who have performed major meritorious service)."
In November 2009, the Ministry of Justice issued the "Several Regulations on Strengthening Prison Security Management", proposing that "prisons should install mobile phone signal blocking devices", and at the same time requiring the strict implementation of the contraband inventory system to prevent criminals from possessing mobile phones, drugs, cash and other contraband . In terms of strict police control, "a police cell phone storage counter should be set up outside the prison gate, and all people's police officers who bring cell phones into the prison will have their police rank revoked."
However, the 20 precedents searched by The Paper show that most of the mobile phone disciplinary cases in prisons have the characteristics of "mobile phone rent-seeking", and many prison guards have received benefits for prisoners. , and also provide help for criminals to report commutation of sentences as usual; some provide criminals with mobile phone calls, and some even recharge their mobile phone bills.
How did the mobile phone break through the layers of prevention and be brought into the prison and into the hands of the criminals serving the sentence? In the above 20 cases, except for two cases that clearly identified that the prison guards were serving prisoners with cellphones into prison, in the remaining cases, there was no mention of how and who brought cellphones into prison, and in some cases it was shown that they had not been clarified. .
On January 29, 2015, in response to the internal management problems exposed by the Nehe Prison case, the Ministry of Justice deployed a nationwide prison rectification, and deployed the special collection of contraband and illegal substances and the "strict discipline and strict performance of duties" in prison drug rehabilitation centers across the country. education and other activities. Focus on the seizure of mobile phones, cash, drugs and other contraband.
On March 30 of that year, the Ministry of Justice issued the "Several Regulations on Effectively Strengthening the Management of Prohibited Items in Prisons and Compulsory Drug Rehabilitation Centers". It clearly stipulates that "criminals who hide and use prohibited items in private are in violation of the Criminal Law and the Prison Law, and may not apply for commutation or parole within three years."
The Ministry of Justice also requires that drug rehabilitation facilities in prisons across the country should further strengthen the management of prison security and vigilance facilities. Speed up the installation of cell phone signal detection, alarm, tracking systems and cell phone signal automatic blocking systems in prisons to strictly prevent security incidents caused by criminals possessing cell phones.
"Looking at the situation in recent years, the prison management department of the Ministry of Justice has unprecedentedly strengthened the management of contraband such as mobile phones. In addition to the technical measures to block mobile phone signals in the prison area and disciplinary requirements such as prohibiting staff from bringing mobile phones into the prison area, the enforcement of the entrapment of contraband The punishment is also much harsher than before, which can be said to have built multiple lines of defense." Wang Fu said that with the emergence and upgrading of smartphones and wireless networks, more and more social functions are attached to mobile phones. Under normal logic, The more advanced the mobile phone, the more strictly prohibited criminals from carrying and using it. However, in the face of individual corrupt prison administrators, the more attractive the mobile phone is, the more it can become an important tool for rent-seeking power.
Wang Fu believes that the management of contraband in prisons still belongs to the scope of adjustment of the internal system and disciplinary regulations of prisons. In the long run, through the formulation of the "Prison Law" implementation rules and other regulations, the types of prison contraband, supervision and punishment will be scientifically demonstrated and detailed. Regulations should be the general trend and the solution to the root cause.
