Recently,Lawyer Xia Jun,a partner of King&Capital Law Firm,accepted the commission to act as the defender for Xie,a client being involved in a fraud case.After efficient,responsible,and timely defense work,during the 37 days'"golden rescue period",the client was disapproved for arrest and regained freedom.
In accordance with the law,the maximum period from criminal detention of a suspect to the moment that the procuratorate decides whether to approve an arrest is 37 days,which is called the"golden rescue period"for criminal cases.In the criminal procedure,the criminal defense before the review and approval of arrest is the forefront of the defense work of lawyers in the investigation stage.If the goal of disapproval for arrest can be achieved through the defense before arrest,it is the greatest victory for the clients.Undoubtedly,for defense lawyers,it is particularly important and urgent to do a good job of defense before arrest during the 37 days'golden rescue period.
Prepare intensely,advance cautiously,and adhere to"Six Steps to Defense Before Arrest"
Step 1:the time is tight during the golden rescue period.After accepting entrustment,the lawyer shall interview with the client as soon as possible to communicate comprehensively and learn about the case in time.Upon accepting the commission,Lawyer Xia Jun went to the detention center to interview with the client instantly,inquiring about the case in detail,answering the client's legal consultation,and calming the client's emotions.These tasks are important content of the first interview.Through the interview,the lawyer learned that Xie worked in the company involved in the case as a department manager.The company was engaged in loan business.For being suspected of fraud,hundreds of employees of the company and related affiliated companies had been detained.Due to involving a large number of people and with a great impact,this case was undoubtedly a major and complicated case.Through this interview,the lawyer have obtained basic understanding of the case,which laid a solid foundation for later analysis of the case and finding breakthroughs in defense.
Step 2:conduct a legal research and analyze the case in depth.After meeting with the client,lawyer Xia Jun conducted a detailed and comprehensive research of laws,regulations and cases,as well as related academic articles and news media reports.Through combing and researching the background of the entire case,legal regulations,previous precedents,academic opinions,etc.,she has obtained a comprehensive understanding of the case,and then made a preliminary analysis and basic judgment.Based on analysis,Lawyer Xia Jun determined the key points of defense in this case:First,what is Xie's main job responsibilities in the company,and whether his job responsibilities are related to the loan business involved.The second is whether Xie has the subjective intention to illegally occupy the property of others.The third is whether Xie has performed the objective behavior of fabricating facts and concealing the truth.The fourth is whether Xie provided assistance for the company's related actions involved in the case and whether he actually participated in the relevant loan business.Fifth,whether Xie has obtained relevant benefits based on the loan business involved.According to the above key points of defense,the defense lawyer skillfully applied legal professional knowledge and formed preliminary lawyer opinions.
Step 3:"take the initiative",actively communicate with the case-handling agency,and change related work from"passive"to"active".Since the case was in the investigative stage,there was no need for the investigative agency to actively inform the defense lawyer of relevant matters under law,including requests for approval of arrest.That resulted in delays in obtaining relevant information by the lawyers,and the work was easily falling into a passive position.Lawyer Xia Jun worked hard to regain the initiative.After meeting with the client,she actively contacted the case-handling agency many times to communicate the relevant situation,understand the progress of the case,and avoid hindering any opportunity.
Step 4:improve the legal opinions in time based on the meeting and communication with the case-handling agency,and submit the application for bail pending trial for the client concerned.The defense work during the 37-day golden rescue period must be closely linked,and every step must be timely and efficient.After meeting with the client and communicating with the case-handling agency,Lawyer Xia Jun went to the public security agency as soon as possible to submit an application for bail pending trial for the client Xie.Since there were hundreds of people involved in the case,upon submitting the application,she learned that she was the earlier one among the lawyers who filed the application for bail pending trial for the client.That fully demonstrated the defense lawyer has done the work first and seized the opportunity.Although the case-handling agency did not approve the application due to the complexity of the case and the large number of people involved,the defense lawyer was not discouraged.Based on in-depth understanding and research of the case,she firmly believed that there was room for defense on the ground of unclear facts and insufficient evidence and strove to obtain the defense result of disapproval for arrest within the 37-day golden rescue period.
Step 5:closely follow the case.When she learned that the procuratorate would review and approve the arrest,interviewed the client again to fully communicate the case.In order not to delay the pre-arrest defense process,lawyer Xia Jun paid close attention to the situation of the case submission,closely contacted the case management department of the procuratorate,obtained the case submission information as soon as possible,submitted the entrustment procedures in time and received the information of the prosecutor in charge.Meanwhile,she met with the client again,and verified and communicated with the client concerning the unclear or controversial aspects of the previous case,and carefully listened to the client's opinions regarding the application for disapproval of arrest which was about to submit,so as to obtain favorable information from it,and continue to improve the lawyers defense opinion.
Step 6:form a complete defense opinion applying for disapproval of arrest within the time limit for review and approval of arrest,and submit it to the procuratorial organ in a timely manner,keep active communication,and strive to defend the client for the result of disapproval of arrest.Combining the facts of the case and the research results of relevant law and regulations and cases,lawyer Xia Jun wrote a well-founded,detailed lawyer's opinion and submitted it to the procuratorate.In this case,the client concerned,Xie,has not worked long in the company.Although he had the title of manager,his position was not related to the company's suspected criminal loan business.From the job position and job responsibilities,Xie did not understand the relevant business involved and did not actually participate.Furthermore,he did not know whether the company’s loan business was illegal.In addition,Xie has received a fixed salary in the company since he joined,the company did not give Xie a commission or bonus related to the loan business.In summary,we believe that from the perspective of job position,related responsibilities,and profitability,Xie has no subjective intention to illegally occupy other person’s property,has not participated in the company’s actual loan business,and has not performed the acts of fabricating facts or concealing the truth.Therefore,it was determined that the facts were unclear and the evidence was insufficient.Based on this,the lawyer formed a relatively complete lawyer’s opinion and submitted it to the procuratorial organ within the time limit for review and approval of the arrest.After the submission,the lawyer communicated with the procuratorial organ in a timely manner.All such jobs focused on one goal:defend,and strive for the best defense effect for the client.The effort paid off.In the end,the procuratorate adopted the defense lawyer's opinion and made a decision not to approve the arrest of the client suspected of fraud,and Xie was released.
In this case,lawyer Xia Jun attached great importance to the defense work during the 37-day"golden rescue period"and earnestly completed the"Six Steps to Defense Before Arrest".She was conscientious and did her best with caution,and finally obtained a good defense effect for the client's case.
This case is another case that Xia Jun successfully defended during the 37-day"golden rescue period".Her"professional,efficient,serious and rigorous"defense style and work attitude have won the client's approval once again.