's Court of first instance verdict on Ma Zhongqi case, defendant Ma Zhongqi guilty of tax evasion and sentenced to three years six months and fined 100,000 yuan. Ma Zhongqi appealed his conviction in court,mulberry, and the appeal. March 21, the Ma Zhongqi defense lawyer Zhou Ze () officially submitted to the Haiyuan County People's Court on the petition. Defense lawyers said the court applied an error of law can be seen from the verdict, the court finds that the prosecutor accused the defendant Ma Zhongqi guilty of tax evasion, three tax evasion facts ": the first is:" The defendant Ma Zhongqi since 2005-2009 served during the Haiyuan County Brand Road Hill gas station responsible person in order to evade taxes, issued 153 'bulk of the small tail' invoice,oakley lunettes, invoice stub amount of difference of 575,387.08 yuan, evade taxes 160,911.86 yuan. ":" 2009 December 30th to August 2010, to take the 'off-balance sheet operations', to conceal from Ningxia Pagoda Fine Chemical Co., Ltd. and the large ancient Storage and Transportation Company purchased gasoline, diesel 13 car of the fact that, in its business of Haiyuan County All Brand Road Hill gas station sales, sales of 1,173,625.94 yuan, 179,053.19 yuan to avoid paying taxes. "third: the defendant as a result of tax evasion Haiyuan County, State Administration of Taxation on November 10, 2004 in 2009, in May given administrative punishment twice in the 22nd. Zhou Ze that the three facts of the crime can not be established, or can not, according to the defendant is found to constitute tax evasion crimes. Zhou Ze Court judgment last part, wrote, "allegations that the defendant Ma Zhongqi the purchase of 13 vehicles gasoline, diesel all sales in its operations in Haiyuan County Brand Road Hill stations facts, insufficient evidence, the Court does not I recognized, but at the same time found Ma Zhongqi "to avoid paying taxes 339,965.05 yuan" first entry "to evade taxes 160,911,louboutin.86 yuan + escape paying taxes 179,053.19 yuan, which is obviously contradictory" . It is understood that Ma Zhongqi business cards Road Hill gas station did in the November 10, 2004 and 2009, 22 received two administrative penalties. Zhou Ze said, the illegal facts fined on November 10, 2004 is a result for input tax out due to "accidental fires", not "to avoid paying taxes." Zhou Ze that, even if the 2004 administrative penalties because tax evasion, evasion Ma Zhongqi new found September 16,tory burch uk, 2010, the public security organs in case on suspicion of tax evasion of five prosecution before,air jordan, the Ma Zhongqi also just in 2009 due to tax evasion by the administrative punishment,air jordan pas cher, and the administrative penalties The fact that is also contained within in 2010, is being investigated for tax evasion fact. Therefore, the 2010 prosecution of tax evasion, the defendant back tax paid late fees, received administrative punishment, but also simply should not be held criminally responsible. "The judgment given by the tax authorities for tax evasion secondary administrative penalty 'within five years' time calculation on the prosecution is wrong, not only does not comply with the provisions of the fourth paragraph of Section 201 of the Penal Code, does not conform to the theory of the criminal law on recidivism and specific provisions. "said Zhou Ze.هˆ‘و³•ç¬¬ن؛Œç™¾ zero fourth paragraph of the provisions of the tax evasion: margin call "according to the law issued by the tax authorities to pay the amount of tax payable, pay the late fee, subject to administrative penalties, not be held criminally responsible,oakley; The five internal to evade payment of tax subject to any criminal penalties or administrative penalty tax authorities to give more than twice except ". The tax department to make a decision on how to deal with public security has been placed on file pursuit addition, Zhou Ze also asked the relevant authorities in the process of investigating and handling the case there anything illegal behavior. Basis Haiyuan County IRS Audit Bureau issued the "tax administrative penalty decision" (No. 20) of 2010, the tax department investigation of the Ma Zhongqi tax situation until the end in October 8, 2010, October 11 before making a deal with decisions and administrative penalty decision. Accordance with the decision of the tax administration processing, the Ma Zhongqi gas station should within 15 days to pay the fine, an appeal against the decision to apply for administrative reconsideration within 60 days,abercrombie france, the people's court within three months. Zhou Ze said, through administrative reconsideration and administrative litigation, the nature of the behavior of the tax authorities of tax evasion Ma Zhongqi, as well as the amount of back tax and administration amount of the fine, may be changed. Haiyuan County Public Security organs on September 16, 2010 on suspicion of tax evasion Ma Zhongqi criminal case, and before you make a decision and punishment of tax administration decided in the tax department, the so-called Cyber ​​Pursuit of Ma Zhongqi. In addition, in the first instance verdict, Haiyuan County People's Court of Haiyuan County IRS tax investigation report issued by the public security organs in Haiyuan County and calculations descriptions materials used as evidence. In this regard, Zhou Ze that the tax authorities are not forensic institutions, they issued the the expert conclusions nature of the file can not be used as evidence, and also the lack of legal basis. "Issued by the tax authorities of these materials do not belong on the legal form of evidence in the criminal procedural law, legitimacy is not in evidence in form, can not be used to prove the facts of the case." Defender Mayor: Bowen and arrest "wind horse cattle phase and not "Zhou Ze, the Ma Zhongqi arrest the real reason is not tax evasion, but because Bowen criticized the county government relocation. Reporters have repeatedly dial the Haiyuan County county party secretary Wang Wenyu Haiyuan County Public Security Bureau Deputy Secretary Luo Ting toward the phone, but still no answer. On March 8, the reporter interviewed on the matter is to participate in the National People's Congress of the Fourth Session of the Eleventh National People's Congress, Zhongwei City Mayor Xu Liqun. Xu Liqun said, when asked about the reasons for considering to build Haiyuan New Area, Haiyuan is not fit for human habitation, which is by the United Nations Environment Programme (UNEP) to assess. This place is very poor living conditions, mainly for two reasons, remote place inaccessible, restricted development, and the other is a great lack of water resources per capita water resources is one tenth of the national average. From 1984 to now, Haiyuan groundwater level has dropped 22 meters, according to this amount of water now, 15 years later,abercrombie paris, there is no water,ray ban pas cher. Xu force group revealed that, since the founding of New China, Haiyuan County has been relying on the central support live "each spend 10 dollars,oakley, there the 9 yuan more than is the central support of." Despite Xu force group cited a lot of support Haiyuan new district construction grounds,abercrombie france, but, according to "Die Zeit reported: June 10 to 15 in 2009, the old" Haiyuan County in Metro seat black towns (later renamed the Trois-Rivieres) large-scale land acquisition and resettlement, once caused many local farmers petition to protest; county there are tens of thousands of mass protest against the Government's relocation,toms. protests forced by the masses of the old county Haiyuan County government suspended the relocation in early 2011, a compromise proposed 'an County, two cities, stimulating development'. "this Xu Liqun said: "against New construction is a handful, and As the focus on activities of the masses,mulberry outlet, which is most people organized by a small number of people waiting to see the central figure of a few people." "Ma Zhongqi was arrested Bowen criticized the county government relocation "argument, Xu Liqun said:" It simply does not exist, the two are totally unrelated, and arrested his reason is in accordance with state tax laws, tax evasion and tax evasion. "handle the Ma Zhongqi a case exists in handling cases for lawyers alleged program illegal problem, Xu force group to respond, if in the future (Note: Xu force group interview, the first trial has not yet handed down) he Ma Zhongqi verdict refuses to accept, may file an appeal, provided to his judicial channels is very smooth, the most basic level is Haiyuan County The People's Court, has been to the Supreme People's Court. I believe our country of this system is absolutely able to safeguard his interests, as long as he had grievances, will maintain his citizenship. Beijing, March 24Related articles: Pattern salad Kelp practice to get that refreshing and delicious _ News The father trained 4-year-old son snow naked run c The 17-year-old girl was gang-raped runaway seven suspects
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03-28-2013, 09:00 PM
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