Case Sharing... Effective defense experience in golden defense time.
Published:
2021-08-18
Case Sharing... Effective defense experience in golden defense time. The prime time of criminal defense refers to the period from criminal detention to arrest. According to the law, after a criminal suspect is detained for criminal purposes, if the investigative agency believes that the criminal suspect meets the conditions for arrest, it needs to submit to the procuratorial agency for review and arrest within the statutory time; and if the procuratorial agency makes a decision not to approve the arrest, the investigative agency needs to be criminally detained The suspect was immediately released or the compulsory measures were changed. Therefore, from the perspective of judicial practice and defense experience, it is an effective defense measure at this stage to strive for the procuratorial organ not to approve the arrest. In fact, before a criminal suspect is arrested, it is not only the prime time for an innocent defense, but also the prime time for the lightest defense. Experienced defense lawyers will apply to the investigative agency to obtain sentencing evidence that is beneficial to the criminal suspect. The crime is changed to a light crime and other methods to lay the evidence and legal foundation for the criminal suspect to finally get a lighter punishment. How to achieve effective defense in the prime time? The author now shares the following experience with a recent criminal case. case review] The suspect a (female) and the victim B (male) were originally married, and the latter two divorced. On the day of the incident, the victim went to the suspect's shop after drinking and had a dispute with the suspect. Considering that there were guests in the store at that time, the suspect a was going to drive home. at this time, the victim B climbed onto the front cover of the suspect's car. the suspect a drove the car forward. after turning at a fork in the road, the victim B fell from the car and died after being hospitalized. After the case occurred, the public security organs detained the suspect for the crime of intentional injury (causing death). defense experience] After accepting the entrustment, we formed a case defense team with the author (Zhou Jiakui), Wang Zhi, Zhao Bing, Song Xiangxiao (trainee lawyer), Zhao Jiao (trainee lawyer) and other lawyers as members. The team members divided their work reasonably, took active actions, and carried out defense work in a timely and effective manner. The author boils down the team's defense work at this stage to the following three points: timely response and putting the defense in front; Team cooperation and communication with the prosecution; Accurate analysis and full demonstration. -- Timely response, will defend the front. After receiving the entrustment, the team actively contacted the meeting, but the meeting could not be held due to the isolation of the epidemic. The team realized that the public security would request arrest approval and should seize the opportunity to submit defense opinions to the procuratorate. Subsequently, the team members communicated with the suspect's parents for many times, checked the details of the case point by point, and finally checked out 11 favorable points. After analysis and demonstration, the team believed that the suspect in this case did not have intentional injury and should not be classified as a crime of intentional injury. -Team cooperation and communication with the prosecution. In order to buy time, the team members drafted their defense opinions overnight from 19:00 on August 4, and the first draft was drafted at about 0:00 the next day. In order to keep improving, on August 5, under the collegial discussion of the team, the defense opinions went through 8 rounds of revision and improvement to form the final draft. Subsequently, the team members submitted it to the procuratorate in time, and communicated with the prosecutor and the police handling the case many times. -- Accurate analysis, and then fully demonstrated. The defense opinions focused on "the suspect did not hurt intentionally". The team concluded that the suspect did not hurt intentionally and did not constitute the crime of intentional injury from the aspects of the suspect's lack of criminal motive for intentional injury, the specific situation at the time of the crime, the occurrence of similar scenes many times, the usual communication status of the two sides and the joint raising of their daughter. defense results] On August 15, 2021, the family of the criminal suspect received the "Notice of Arrest", and the crime of the criminal suspect was changed from the "crime of intentional injury" during criminal detention to the "crime of negligence causing death". According to the law, anyone who intentionally injures and causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death; anyone who causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. Only from the crime and the corresponding legal punishment, the defense work at this stage has achieved positive results, laying a good foundation for the next stage of defense work. Defense experience] The special feature of this case is that the case was in the investigation stage when it was entrusted, and the team was unable to meet the suspect due to the epidemic. It seems that the team has nothing to do. In fact, even in the face of such an unfavorable situation, defense lawyers should not have the idea of waiting and relying. They should not wait until the meeting to carry out defense work. They should respond in a timely manner, actively investigate and verify the case, find all favorable points, conduct accurate analysis, fully demonstrate, submit defense opinions, and communicate effectively with the investigation and procuratorial organs.
Case Sharing... Effective defense experience in golden defense time.
The prime time of criminal defense refers to the period from criminal detention to arrest. According to the law, after a criminal suspect is detained for criminal purposes, if the investigative agency believes that the criminal suspect meets the conditions for arrest, it needs to submit to the procuratorial agency for review and arrest within the statutory time; and if the procuratorial agency makes a decision not to approve the arrest, the investigative agency needs to be criminally detained The suspect was immediately released or the compulsory measures were changed. Therefore, from the perspective of judicial practice and defense experience, it is an effective defense measure at this stage to strive for the procuratorial organ not to approve the arrest. In fact, before a criminal suspect is arrested, it is not only the prime time for an innocent defense, but also the prime time for the lightest defense. Experienced defense lawyers will apply to the investigative agency to obtain sentencing evidence that is beneficial to the criminal suspect. The crime is changed to a light crime and other methods to lay the evidence and legal foundation for the criminal suspect to finally get a lighter punishment. How to achieve effective defense in the prime time? The author now shares the following experience with a recent criminal case.
case review]
The suspect a (female) and the victim B (male) were originally married, and the latter two divorced. On the day of the incident, the victim went to the suspect's shop after drinking and had a dispute with the suspect. Considering that there were guests in the store at that time, the suspect a was going to drive home. at this time, the victim B climbed onto the front cover of the suspect's car. the suspect a drove the car forward. after turning at a fork in the road, the victim B fell from the car and died after being hospitalized.
After the case occurred, the public security organs detained the suspect for the crime of intentional injury (causing death).
defense experience]
After accepting the entrustment, we formed a case defense team with the author (Zhou Jiakui), Wang Zhi, Zhao Bing, Song Xiangxiao (trainee lawyer), Zhao Jiao (trainee lawyer) and other lawyers as members. The team members divided their work reasonably, took active actions, and carried out defense work in a timely and effective manner. The author boils down the team's defense work at this stage to the following three points: timely response and putting the defense in front; Team cooperation and communication with the prosecution; Accurate analysis and full demonstration.
-Timely response,Forward the defense.After receiving the entrustment, the team actively contacted the meeting, but the meeting could not be held due to the isolation of the epidemic. The team realized that the public security would request arrest approval and should seize the opportunity to submit defense opinions to the procuratorate. Subsequently, the team members communicated with the suspect's parents for many times, checked the details of the case point by point, and finally checked out 11 favorable points. After analysis and demonstration, the team believed that the suspect in this case did not have intentional injury and should not be classified as a crime of intentional injury.
-Teamwork,Communicate with the prosecution.In order to buy time, the team members drafted their defense opinions overnight from 19:00 on August 4, and the first draft was drafted at about 0:00 the next day. In order to keep improving, on August 5, under the collegial discussion of the team, the defense opinions went through 8 rounds of revision and improvement to form the final draft. Subsequently, the team members submitted it to the procuratorate in time, and communicated with the prosecutor and the police handling the case many times.
-- Accurate analysis, and then fully demonstrated.The defense opinions focused on "the suspect did not hurt intentionally". The team concluded that the suspect did not hurt intentionally and did not constitute the crime of intentional injury from the aspects of the suspect's lack of criminal motive for intentional injury, the specific situation at the time of the crime, the occurrence of similar scenes many times, the usual communication status of the two sides and the joint raising of their daughter.
defense results]
On August 15, 2021, the family of the criminal suspect received the "Notice of Arrest", and the crime of the criminal suspect was changed from the "crime of intentional injury" during criminal detention to the "crime of negligence causing death". According to the law, anyone who intentionally injures and causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death; anyone who causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. Only from the crime and the corresponding legal punishment, the defense work at this stage has achieved positive results, laying a good foundation for the next stage of defense work.
Defense experience]
The special feature of this case is that the case was in the investigation stage when it was entrusted, and the team was unable to meet the suspect due to the epidemic. It seems that the team has nothing to do. In fact, even in the face of such an unfavorable situation, defense lawyers should not have the idea of waiting and relying. They should not wait until the meeting to carry out defense work. They should respond in a timely manner, actively investigate and verify the case, find all favorable points, conduct accurate analysis, fully demonstrate, submit defense opinions, and communicate effectively with the investigation and procuratorial organs.
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