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a "transferred" rape case led to a case of dereliction of duty

2024-09-24

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reporter/li dong intern reporter/li sihan

on may 18, 2020, the puji police station received a report from a female college student named gao fan who was threatened after having a nude chat.

in april 2021, the police in jinan, shandong province, uncovered a rape case involving eight female college students, two of whom were pregnant and had miscarriages. during the investigation, the procuratorate found that someone had called the police as early as the early stage of the suspect's crime, but the case was suspected to have been shelved due to jurisdiction and transfer issues.

in 2023, with the end of the trial of the rape case, the police officer who first contacted the suspect was brought to court for "dereliction of duty". the problem of case transfer exposed behind this became gradually clear as the investigation deepened.

with the assistance of yiyuan county police, zhangqiu police arrested the suspect.li deqiang was taken back to the nanma police stationquestioning and recording

female college student threatened for nude chat

the "clue" first appeared four years ago.

around 8pm on may 16, 2020, a netizen nicknamed "jiang yao" wanted to add gao fan as a friend. gao fan is a student at a university in shandong, and "jiang yao" claimed to be a senior student one year older than her. because they were in the same "mutual aid group" at school, gao fan did not doubt the senior student's identity and passed the friend verification.

gao fan later recounted to the police in zhangqiu district, jinan city the process of his contact with "jiang yao".

when the two started chatting, "jiang yao" mentioned that she was doing a part-time job of "chatting with people" and asked gao fan if he wanted to do it part-time to earn some money. "you can make money just by chatting?" gao fan didn't believe it and asked how to chat and how much money he could get. "jiang yao" said that he would pay if he chatted long enough, and the specific amount needed to be discussed with the boss during the chat. when gao fan was skeptical, "jiang yao" promised to pay 2,000 yuan and sent the boss's social account so that gao fan could talk directly.

gao fan added her boss as a friend. at first, the boss asked her some basic information. after more than ten minutes, he asked her to have a naked video chat. under the temptation of high pay, gao fan agreed, but as the other party's demands became more and more exaggerated, gao fan hung up the video call after about 20 minutes.

on the morning of the 17th, the boss said that the compensation had been given to "jiang yao". gao fan contacted "jiang yao" on the social account to ask for compensation, but received no response. on the morning of the 18th, "jiang yao" replied that she also found this boss while looking for a part-time job online and was recorded in a nude chat video. the boss asked her to stay with him for a few days, and if she did not cooperate, he would post the video online. "jiang yao" said that she did so and advised gao fan to do the same.

afterwards, the boss sent a message to gao fan, asking her to accompany him for a few days in yiyuan county, zibo city, shandong province, otherwise he would send her nude chat video to her parents and classmates. gao fan said that she just wanted to make some money through nude chat at the time, but she didn't expect this. after "jiang yao" persuaded her to have sex with the boss, she began to feel scared. with the support of her family, she decided to call the police.

on may 18, 2020, gao fan went to the puji police station in zhangqiu district, jinan to report the case. the station chief ning lijun was on duty. while he was receiving gao fan, his boss called and urged gao fan to go to yiyuan, zibo. he also sent a nude chat video saying, "if you call the police, i will ruin your reputation at all costs." the call and chat content were recorded by the police using a law enforcement recorder.

gao fan told the police that he had never met "jiang yao" and his boss, and did not know their true identities and relationship. gao fan provided the police with chat screenshots and social account registration information.

ning lijun, the police officer who took the case, said that because he was not sure about the nature of the case, he reported the situation to the legal affairs section of the zhangqiu public security bureau. the legal affairs section suggested that the case be filed as an administrative case first, and if further investigation revealed clues of suspected crimes, it could be transferred to a criminal case. on the afternoon of may 18, the puji police station filed an administrative case on the grounds that "gao fan's personal safety was threatened."

on the day the case was filed, two police officers from the zhangqiu public security bureau's internet police brigade went to the police station to question the reporter gao fan. according to ning lijun's account, the internet police extracted relevant electronic data and said that further processing was needed after analysis.

when gao fan left the police station, ning lijun told her that if she went to zibo yiyuan, the uncertainty would be too high and the police station was short of staff to guarantee gao fan's safety. he advised gao fan not to go to yiyuan and left his mobile phone number to gao fan so that she could contact him directly if she had any problems.

"transfer of cases" without following procedures

the case materials show that after two months of investigation, the internet police brigade of the zhangqiu district public security bureau found that the "boss"'s social account had not been logged in for two months, but the social account of "senior sister jiang yao" was logged in from two different places in yiyuan county.

with the support of the internet police brigade of the public security bureau of yiyuan county, zibo city, zhangqiu police discovered that in early july, one of the places where jiang yao logged into her social media account was the home of li deqiang, a man from yiyuan. the police suspected that li deqiang was the "boss" behind the scenes.

early in the morning of july 14, hu wenli, an investigating police officer from the puji police station of the zhangqiu district branch of the jinan municipal public security bureau, brought relevant materials on the "gao fan case" and, together with zhao changjian and wang yunfeng, police officers from the cyber ​​police brigade of the zhangqiu district public security bureau, set out from zhangqiu district, jinan city, and rushed to yiyuan county, zibo city.

with the cooperation of the police from nanma police station of yiyuan county public security bureau, the group found li deqiang. when the police were about to take li deqiang out of the house, they found a young woman named wang meng squatting on the balcony. the two were taken away together.

at noon that day, zhangqiu police interrogated li deqiang in the interrogation room of nanma police station of yiyuan county public security bureau. the transcript shows that li deqiang said that he saw wang meng posting messages in the college student mutual aid group, deliberately struck up a conversation, and then invited wang meng to come to yiyuan to play and stay at his home.

he admitted that he had sex with wang meng many times, but said that wang meng was his female friend and that wang meng did not object when he took the initiative to propose sex.

the police in zhangqiu district, jinan questioned wang meng from 2:49 to 4:20 pm that day. wang meng said that she was a college student at a university in shandong. the incident described by wang meng was basically the same as what gao fan said when he reported the case. she did not know li deqiang and came to yiyuan because she was threatened.

wang meng said that after li deqiang threatened her with "sending the nude chat video", she did not tell anyone and went to see li deqiang. by the time the police arrived, she had been at li deqiang's house for 5 days and had sex with him many times. "it was all li deqiang's request. my mind was blank and i didn't dare to resist," wang meng said.

during the interrogation, li deqiang denied having contacted gao fan using his social media account.

according to the case materials, in the face of new circumstances during the investigation, police officer zhao moujian from the internet police brigade of the zhangqiu district public security bureau contacted ning lijun, the organizer of the "gao fan case," and informed him one by one. ning lijun believed that yiyuan was the suspect's residence and may also be the place where the crime was committed, and that li deqiang should be handled by the yiyuan police.

according to what zhao moujian said to the procuratorate, the zhangqiu branch's legal affairs division ultimately concluded that wang meng's alleged rape case should be under the jurisdiction of the yiyuan police, and asked zhao moujian and the other two to hand over the "gao fan case" to the yiyuan police. zhao moujian said that the three investigators handed over the transcripts of wang meng and li deqiang and the report materials of the "gao fan case" to the yiyuan police, and then returned.

the case materials show that hu mouli reported the case to ning lijun the next day after returning to zhangqiu. ning lijun saw that the original document of the "gao fan case" was brought back and asked hu mouli how he got the original document back. hu mouli explained that zhao moujian had handed the copy to the yiyuan police, and that he would just need to wait for yiyuan to close the case and get a closing report.

in fact, according to the case handling regulations of the public security organs, whether it is an administrative case or a criminal case, the transferred case needs to submit a "case transfer report" in the public security case handling system, and after approval by the director in charge, a "case transfer notice" will be generated. after that, the transferring unit needs to transfer the case transfer notice and case-related materials to the public security organ with jurisdiction, and upload the "case receipt" to officially transfer the case. for cross-county and city transfers, the relevant documents for case transfer are handled offline.

ning lijun said that although he had been handling cases on the front line for many years, he had never encountered a case transfer and was not clear about the case transfer process. he thought that after his colleague handed over the materials, the case had been transferred to the criminal police brigade of the yiyuan county public security bureau, and he had never asked about it since then.

the suspect was released and committed a new crime

the case materials show that gao fan did not receive any news about the case for more than half a year. some of the case officers at zhangqiu puji police station also changed their positions, including ning lijun, who was transferred to the special patrol brigade of zhangqiu public security bureau as deputy brigade leader.

it was not until mid-april 2021 that the police from the shizhong district public security bureau of jinan city suddenly came to the puji police station to retrieve the administrative case of "gao fan's personal safety was threatened". at that time, li deqiang was investigated by the shizhong district public security bureau for suspected rape. after li deqiang was arrested, he confessed that he had threatened gao fan and wang meng. because the shizhong district public security bureau could not find relevant materials about wang meng, they came to the puji police station to retrieve the "gao fan case" materials.

ning lijun told deep dive that he realized that the "gao fan case" had not been resolved until he learned about the situation. on april 20, 2021, he and hu mouli went to the criminal police brigade of the yiyuan county public security bureau to inquire about the case and copied the record of wang meng made by the yiyuan police. only then did he know that the yiyuan police did not file a case on li deqiang's alleged rape of wang meng.

it can be seen from the transcript that wang meng’s giving up on pursuing responsibility may be one of the reasons why the case was not filed.

the transcript shows that on the afternoon of july 14, 2020, after the zhangqiu police left, wang meng was questioned by the yiyuan police again. in the transcript, she recounted the chat between her and li deqiang on the social network, and also mentioned the naked chat, being forced to go to yiyuan and having sexual relations.

but she also said that li deqiang had never said that he would post the nude chat video online, and he had never threatened her. she had voluntarily had sex with him, and she would not sue him for assaulting her. wang meng also said that she "did not want to undergo a physical examination and had the right to refuse the examination."

the transcript was made between 4:48 and 5:10 p.m. on july 14, 2020, and the interrogators were hou moufu from the criminal investigation brigade of the yiyuan county public security bureau and internet police officer xu mouqing. the case materials did not record the reasons for the contradictions in wang meng's two confessions, nor did they record the yiyuan police's questioning. that evening, wang meng was sent to a yiyuan hotel by the case officers, and li deqiang left the nanma police station in yiyuan county on his own.

lian dayou, a lawyer at beijing jingben law firm, believes that in cases involving suspected criminal offenses, except for special circumstances where the case is handled only upon complaint, the victim's failure to file a complaint can only be used as a circumstance to mitigate or reduce the punishment of the suspect, and cannot be a reason for the police to terminate the investigation.

in addition, according to the law enforcement and case handling rules of the public security organs, when there are contradictions in the contents of the parties' transcripts, the investigators should look for relevant chat records, audio-visual materials and other carriers, conduct investigations, inspections, and extract relevant traces and other objective evidence to confirm or falsify one of the transcripts in order to find out the true situation.

the case materials show that zhangqiu police looked through wang meng's phone on the same day, but the chat records with li deqiang had been deleted. after the zhangqiu police left, the criminal police brigade of yiyuan county public security bureau found a phone at li deqiang's home, but "the phone software system was damaged and could not be turned on."

lian dayou explained to shen yi that damage to electronic devices does not mean that the data stored in them cannot be extracted. damaged mobile phones should be sent to the public security technical department for professional testing. if the stored data can be extracted, it should be extracted according to law. if it cannot be extracted, the public security technical department should issue a written explanation of the inability to extract the data. the written explanation should be included in the file.

ning lijun said that the yiyuan police did not inform the zhangqiu police of the follow-up case handling situation until he saw the transcript.

materials obtained by deepin show that about three months after li deqiang left the police station, he asked wang meng to go to yiyuan to accompany him again. wang meng was afraid that the nude chat video would be sent out, so she went to yiyuan again to have sex with li deqiang.

according to the investigation by the public security bureau of shizhong district, jinan city, li deqiang committed eight crimes using similar methods from september 2019 to april 2021, causing two women to become pregnant and have miscarriages. three of the victims reported the case to the police or made reports, so li deqiang was not punished. gao fan's case is the second confirmed case.

on april 9, 2021, police officers from the criminal police squadron 4 of the shizhong district public security bureau arrested li deqiang at the yiyuan county comprehensive law enforcement bureau. at this time, li deqiang had lured the eighth female college student to have a naked chat with him and recorded the screen under the guise of high rewards.

the police station chief appealed the verdict

the case materials show that li deqiang was born in 1996. in september 2020, he was hired as an assistant manager by the urban management and law enforcement bureau of yiyuan county, zibo city.

after the jinan city shizhong district public security bureau arrested li deqiang, they found a mobile phone in the storage box of his motorcycle for work, and extracted relevant nude chat videos and chat records and other electronic evidence from it. these evidences confirmed that the schoolmate "jiang yao" who introduced the job and the "boss" were actually li deqiang.

on december 30, 2021, li deqiang was sentenced to life imprisonment for rape by the jinan intermediate people's court at first instance. this verdict was upheld by the shandong high court.

materials obtained by deeperdepth show that the jinan municipal procuratorate, the prosecutor in the case of li deqiang's suspected rape, has been questioning relevant investigators and victims since the end of august 2021 regarding the handling of the case of "gao fan being threatened with personal safety", investigating the handling of the case and the transfer of the case.

the interrogation records show that ning lijun and hu mouli from the puji police station of the zhangqiu public security bureau and police officers zhao moujian and wang moufeng from the internet police brigade all said that the case had been transferred to the yiyuan police. zhao moujian said that the "final transfer of the case" was the result of a telephone conversation between him and the police officers of the legal affairs section of the zhangqiu public security bureau, and that he transferred the case according to the opinions of the legal affairs section. however, the head of the legal affairs section told the procuratorate that no one had asked about the transfer of the case.

zhao also said that the person who received the case materials was criminal policeman hou from the criminal police brigade of yiyuan county, who also told him that "the transferred administrative cases are also yours to handle". however, when questioned by the procuratorate, hou gave two statements. he first answered that he could not remember whether it was transferred to the police station or the criminal police brigade. when asked whether the zhangqiu police transferred the case, hou said "no". hou also mentioned that the transfer of cases requires formal procedures, and the zhangqiu police did not have the transfer procedures and files.

when questioned, hou moufu also emphasized that no one had communicated with him about the administrative case. when asked why he received the copy of the administrative case, hou moufu said "i don't know."

the case materials show that on july 16, 2020, the criminal police brigade of the yiyuan county public security bureau filed copies of the "gao fan case" materials given by the zhangqiu police and the transcripts of the yiyuan police's questioning of li deqiang and wang meng, and marked: "cooperating with the zhangqiu municipal public security bureau to investigate the case of li deqiang's threats. after investigation, there is not enough case." regarding whether the progress of assisting in the case should be reported to the zhangqiu police, hou moufu said that "there is no regulation in this regard."

hu qingchun, a lawyer at beijing yinghe law firm, introduced to deeper that according to the relevant case handling regulations of the public security organs, the legal procedures such as summons and questioning when the assisting party intervenes in the case are all issued by the assisted party. if the public security organs in other places request assistance in investigating and collecting evidence or inquiring about criminal information, the public security organs in the cooperating places should investigate and provide feedback in a timely manner. in other words, if the yiyuan public security bureau is the assisting party, it should promptly report the case investigation and handling progress to the zhangqiu police.

on march 4, 2022, the jinan municipal procuratorate opened an investigation into ning lijun on the grounds that "while handling the li deqiang rape case, it was discovered that ning lijun was suspected of dereliction of duty in handling the gao fan case."

on september 15, 2023, the pingyin county court sentenced ning lijun to be guilty of dereliction of duty and exempted him from criminal punishment. on december 20, 2023, the jinan intermediate court upheld the first-instance judgment.

both courts held that ning lijun failed to strictly follow regulations to correctly perform his duties in handling the administrative case of "gao fan's personal safety being threatened", resulting in the case not being handled in a timely manner, causing serious losses to the people's interests, and constituting the crime of dereliction of duty.

ning lijun said that he admitted that he was not professional enough in handling the case, which led to negligence in the process of handling the case, and was willing to accept disciplinary punishment, but did not think that his behavior constituted a crime. ning lijun has always emphasized that he was not aware that the yiyuan police released li deqiang on july 14, 2020.

ning lijun's defense lawyer, xilei cai, a lawyer at beijing weiheng law firm, revealed that ning lijun is currently filing an appeal because he is dissatisfied with the verdict.

(due to personal privacy issues, gao fan and wang meng are pseudonyms in this article)