Are all the people detained in the detention center bad guys? What is the purpose of a detention center? The common people immediately understand that it is a place for imprisoning illegal and criminal individuals, isn't it? As a lawyer, I know what kind of gimmick I'm playing with.

Don't be in a hurry, just listen to me explain it in detail.

I will tell you a true story.

Da Mao is an unemployed young man who owes a lot of debt outside due to certain reasons. In order to give his wife a sense of security and ensure the happiness of the soon to be born child, he is determined to do some good business and strive to repay the debt as soon as possible. Starting a business still requires initial capital, but friends and family do not trust me very much, and I already owe a lot to the bank. How can I find a borrowing channel.

As fate allows, Da Mao occasionally added a friend who claimed to be a professional lending institution. After multiple conversations, Da Mao learned that as long as he provided his bank card, ID card, and phone card to the other party, they could package themselves as qualified and high-quality individual industrial and commercial households, and then obtain high loans from financial institutions.

For those who are eager to spend money, why not do it? Da Mao quickly provided one Industrial and Commercial Bank of China card and one Rural Commercial Bank card to the other party, and sent them to Shantou, Guangdong as requested. After receiving the card, the other party gave Da Mao more than 4000 yuan as reimbursement for travel expenses. Da Mao asked the other party when the loan would be cashed out, and the other party said to go through the process as soon as possible. At that time, they could provide a loan of 400000 to 800000 yuan, and after the payment was received, a handling fee of about 5% Da Mao would be charged.

More than ten days later, Da Mao did not receive the loan, but received a call from the business manager of a local rural commercial bank, stating that Da Mao's bank card had been temporarily suspended due to being used by someone else in another location. If he wanted to resume use, he had to personally go to the bank to handle the procedures. Da Mao had doubts and believed that the loan company's packaging behavior for him may not be standardized, so he took back this Rural Commercial Bank card, but did not take back the Industrial and Commercial Bank of China card. About a week later, a WeChat friend who claimed to be a professional loan company deleted his WeChat account. Feeling uneasy, Da Mao went to the local police station to report the above facts truthfully.

After investigation by the public security organs, it was found that Da Mao's bank card was used by fraudsters to receive fraudulent money. Among them, someone in a certain place in Jiangsu was defrauded of more than 60000 yuan by transferring the money to the card as requested by the fraudster. The scammer was not caught, but Da Mao was taken into custody by the public security organs.

Is Da Mao unjust or not?

Some people may say, without the bank card provided by Da Mao, how can scammers receive money; Some people may say, unjustly, how did Da Mao know that his bank card was being used by scammers? He was thinking about borrowing money for himself.

In fact, the public security organs detained Da Mao in a detention center on suspicion of aiding information network criminal activities. This crime is abbreviated as "aiding and abetting", and the definition of this charge is quite cumbersome to write down. If applicable to this case, it means that the public security organs believe that Da Mao knowingly provided payment and settlement assistance (such as bank card receipts) to others who used information networks to commit crimes, and the circumstances are serious, thus constituting a crime.

So, based on the above facts, everyone knows that the core of the crime and non crime in this case lies in whether Da Mao knowingly provided assistance to others who used his bank card to commit crimes. If so, Da Mao certainly constitutes a crime. If he knowingly provides a bank card to someone else for fraud, Da Mao constitutes the crime of fraud (accomplice). If he knows someone else uses his bank card to commit a crime (but does not know the specific type of crime), Da Mao constitutes the crime of aiding and abetting; If Da Mao did not know that someone else was using his bank card to commit a crime, and only wanted others to use his card to package him and smoothly obtain loans from relevant financial institutions, Da Mao himself would be the victim (regardless of whether the packaging behavior may be suspected of committing other crimes).

Further examining the facts of this case, we say that evidence is the king of the court, and everything is based on evidence. So, the person who used Da Mao Bank card for fraud in this case has not been brought to justice, and there is no evidence to prove that Da Mao conspired with him to commit fraud; Da Mao claimed that he easily trusted the other party as a professional loan company, which could package himself and obtain high loans from relevant financial institutions; Da Mao immediately reported to the police for help after the other party deleted his WeChat account; In my defense lawyer's opinion, Da Mao's series of actions are sufficient to demonstrate that he did not have any criminal intent.

So, are there any unfavorable factors in this case that can accuse Da Mao of committing a crime? Da Mao clearly requested a loan from someone, but instead charged them over 4000 yuan in transportation fees; Da Mao received a phone reminder from the manager of the rural commercial bank, why did he continue to let others use his business card.

These doubts can actually be clarified. Da Mao collected more than 4000 yuan in transportation fees from the so-called loan company because he believed that the other party had the sincerity to do business with him. After successfully handling a loan of 400000 to 800000 yuan for Da Mao, the other party could charge a 5% handling fee, and Da Mao believed that the other party was profitable; As for Da Mao's decision to allow the so-called loan company to continue using his ICBC card after receiving a call from the manager of the Agricultural and Commercial Bank of China, firstly, Da Mao has a high debt burden and wants to borrow money as soon as possible, but he finds it difficult to obtain high loans from banks and other channels. Secondly, he believes that the loan company's behavior of packaging him as an individual business owner may also be non compliant, but he did not expect the other party to use his bank card for fraud.

Therefore, when the above doubts can be reasonably explained, it is too far fetched to infer that Da Mao subjectively had criminal intent based on these two doubts.

Legally speaking, 'doubts about facts benefit the defendant.' In this case, I believe it is a case of doubt. Therefore, the best way to handle it is to promptly release Da Mao on bail pending trial and continue the investigation. For public authorities, this case can be advanced or withdrawn, and for Da Mao, human rights protection has also been achieved.

After submitting my defense opinion to the public security organs, the handling police officer said, let him refund the money, the full refund of more than 60000 yuan, and we will release him on bail, otherwise it is impossible. I think this plan is extremely unreasonable and convinced his family not to adopt it. After the case was submitted to the prosecutor's office for review and approval of the arrest, I immediately contacted the prosecutor. Through phone communication, I expressed my views; Through the interview, I once again expressed my opinion; At the same time, I submitted my written defense opinion to the prosecutor.

After a few days, the prosecutor contacted me and asked your client to plead guilty and accept punishment, otherwise I would have to approve the arrest; I won't approve the arrest once I sign the plea of guilty.

According to my original intention, I want to plead not guilty. However, the mother of the person concerned often sent me text messages, made phone calls, and occasionally sent some Tiktok, short videos and other self media legal publicity. I was speechless. However, by empathizing with others, I can understand my mother's sadness and difficulties, anxiety and unease.

After careful consideration, I told the family members of the parties involved that in the current situation, if they do not sign the documents, they will not be able to come out temporarily. It is difficult for me to judge whether the investigating authorities will have further evidence to supplement and improve in the future; But if the confession and punishment agreement is signed, Da Mao can come out. In the future defense, I will make corresponding adjustments based on the specific progress of the case. The lawyer's defense is independent and not affected by the position of the parties involved.

Da Mao signed a plea of guilty and came out of the detention center, but my emotions were mixed.

My former colleague and I, who have a good reputation in the judicial field, complained that the "aiding and abetting crime" is used too widely, especially the presumption of "subjective knowledge" seems too arbitrary. My colleague replied to me, "Since it is a presumption, it is inevitable that different opinions will be held. Yes, after all, law is not a judgment of truth, but often a judgment of values.

Returning to the title of my article, everyone must have their own opinions on the question of 'Are all the people detained in detention centers bad?'.

In fact, the official definition of "detention center" is that "detention center refers to the place managed by the public security organ to take custody of suspect."

Note that legally speaking, "suspect" refers to "a person suspected of committing a crime". Whether they really committed a crime needs to be verified by legal procedures such as the investigation of the public security organ, the review and prosecution of the procuratorate, and the judgment of the court. Those who have not been convicted by the court are not "bad people" in the legal sense. Moreover, after strict screening of legal procedures, we found that some people are really good people who have been wronged, and unfortunately they have been held in detention.

Zhou Xing, a cruel official during the reign of Empress Wu Zetian, once had a famous saying: "Those who are accused are called unjust when questioned. After being executed, they are completely silent." If the few people in power still hold such beliefs, as lawyers, there is nothing to say.

As the Mid Autumn Festival approaches, families across the land of China reunite and enjoy themselves together. They raise their glasses to invite the bright moon and chat happily over drinks. But there are still a few people, tears streaming down their faces from the iron bars, eager to see through.

I hope that the people detained in the detention center are those who should be punished for their crimes and detained inside. I hope that the people detained in the detention center are not wrongly detained due to the tyranny and capriciousness of power.