Beijing Criminal Defense Lawyer Liu Gaofeng: Remember the defense experience of criminal non -prosecution cases

Remember the defense experience of criminal non -prosecution case

There are no two leaves in the world, especially in criminal proceedings. The procuratorate made a decision of non -prosecution for criminal cases that we agents. There is no need to write an article, but the nine -story platform starts from tired soil. The same is true of criminal defense. Only by continuously summarizing and accumulation can we gain something. So the record is as follows.

Introduction to the case

The actor is in the name of introducing his work to fictional his position and work experience to the victims. At the same time, it is promised to help the victims enter a large hospital. In this case, the victim pays the corresponding money to use the "need to hit the relationship" described by the actor.

After a few days, there was still no news. The victim asked the progress, and the perpetrator wanted to wait, and he still needed to continue to fight the victim. Repeatedly, the victims requested funds from the victim many times.

After two months of waiting, the victim asked the perpetrator because he was still unable to go through the in -service procedures. However, when contacting the perpetrator, he found that the actor had been pulled black, and the phone could not be contacted. From this case.

Lawyer defense

After being commissioned, the defense lawyer met with the perpetrator according to law. In the review and approval of the arrest, the defense lawyer submitted legal opinions that did not approve the arrest in accordance with the law. The legal opinions mainly focusing on the amount of crime is only "larger", which meets the legal conditions of the bail pending trial; after the incident, the victim refunded the stolen and refunded compensation, so its subjective malignant scope was limited; the perpetrators met the conditions for surrender. At the same time, because the evidence of this case has been basically fixed and the actor has a fixed occupation, the mandatory measures are not approved to be approved to be arrested.

After the procuratorial organs were reviewed, they made decisions of non -approved arrest. The investigation organs and then changed the compulsory measures to change the actor to the bail pending trial. The first stage of defense was successful.

During the bail pending trial, the investigator transferred the case to the procuratorial organs for review and prosecution. After reviewing the case information, the procuratorial organs believe that they need to be prosecuted in accordance with the law. To this end, the procuratorate's sentencing suggestion is one year when the procuratorate handles the procedures for confession and conclusion. At the same time, it is recommended that the probation can be applied.

After the defense lawyer reviewed the dossier information, he believed that the case was in line with the situation that did not prosecute. Legal opinions: The first case belongs to the statutory situation that is not prosecuted, including the surrender of the surrender of the lenient plot and the refund of compensation for surrender; the second case is a situation that does not need to be sentenced to punishment. Now that there is no need to be sentenced to punishment, it is also in line with the case of non -prosecution. The function of correction (education) actors and soothing victims in the third criminal law has been realized, so the criminal law should maintain restraint and apology.

After reviewing the legal opinions, the procuratorial organs were re -discussed and finally informed that the case was no longer prosecuted. At this point, the procuratorial organs no longer filed a public prosecution on the actor, and the purpose of the performers and their families was still realized (no criminal record).

Case summary

Anyone should be angry, and step by step. After the procuratorial organs made decisions that did not approve the arrest and continued to advance the non -prosecution defense after receiving the bail pending trial. Criminal defense is the work of the whole process. Under the premise of achieving a good defense effect, it can continue to maintain a positive attitude in order to achieve further good defense results.

Governing the big country like cooking small freshness, knowing small and conspiracy. When carrying out the defense of major difficult cases, we should first pay attention to the progress of the case and follow up to grasp every key node. Second, under the circumstances that the case -handling agency has made or formed basic opinions, the defense lawyer should not be negatively waited, but should actively respond, including on the basis of reviewing the facts of the case, fully demonstrates to propose the defense opinion of law. Third, actively communicate. If you can communicate in person, you must strive for face -to -face communication. Actively communicate with the case handling authority to make case handling personnel feel empathy and resonance at the level of the law. It should be specifically explained that the written opinions submitted should be outlined, concise and concise. If there is an opinion that needs to be expanded or the facts that are specially explained, it should be clear one by one, or according to the order order or according to the weight of the severity.

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