Recently, Meng Fen represented two criminal cases, one of the major liability accidents were not arrested and released on bail pending trial, and the other DUI case defendant was not prosecuted. This is the criminal defense lawyers to learn and use "less arrest, careful prosecution, careful custody" criminal justice policy, for the parties to maximize the rights and interests of a good note.

What is meant by "fewer arrests, more cautious prosecutions and more prudent detention"? It refers to the criminal policy of leniency in the majority of misdemeanor cases and prudent arrest, detention and prosecution, which simply means that misdemeanor cases that are less socially hazardous and less socially dangerous to the parties concerned will not be arrested if they can not be approved, and not prosecuted if they can not be prosecuted. The criminal policy originated from the Supreme Prosecutor's 2019 concept of "not arresting those who can not be arrested, not prosecuting those who can not be prosecuted, and not recommending probation for those who can not be sentenced to actual punishment" for the group of private entrepreneurs. Along with the judicial practice of the general push, in April 2021, the central committee of the comprehensive rule of law will be "less arrest, careful prosecution and prudent detention" criminal justice policy included in the annual work points, "less arrest, careful prosecution and prudent detention" from the concept of criminal justice to the rise of criminal justice policy. So in the past two years we generally feel around the non-arrest, non-prosecution cases gradually more and more.

Defense lawyers are not criminal policy makers, but "less arrest, prosecution and caution" criminal policy practitioners, in the case of how to maximize the rights and interests of the parties on behalf of the case, based on case experience, in brief, from the following three perspectives to do a good job:

I. Establishment of the objective facts of the case as far as possible, especially at the stage of authorization where it is not possible to read the file

Misdemeanor cases are not necessarily simple, for example, in the case of a "major liability accident", the defense attorney needs to clarify the facts and evidence, study the professional issues, identify the causes and consequences of the accident, and confirm whether it can be recognized as a legal causation; DUI cases also need to identify the facts, and to find out whether the person concerned has no intent to commit a crime and the evidence.

II. Finding entry points in line with the criminal policy of "fewer arrests, more prudent prosecutions and more prudent detentions"

For example, compensation to obtain the victim's understanding, the parties to the previous behavior of the earnest understanding of the attitude, etc., these need to meet with the defense lawyer to explain the law, criminal policy and the pros and cons of the parties, so that they can make a rational decision.

III. Communicate well with the case-handling departments and propose points of convergence between the criminal policy and the case, so as to strive for non-prosecution and non-arrest

In the past 20 years, China's felony cases have declined significantly, the structure of criminal offenses has undergone significant changes, misdemeanor cases accounted for up to 80% of the cases, with the procuratorial authorities "arrest and prosecution of the integration of the internal institutional reform" of the landing, "plea leniency" system, although there are controversial sound, but Deep impact of the current criminal procedure in China, the structure of the prosecution, the way of change, for this "less arrest, careful prosecution, careful custody" criminal policy came into being. As a defense attorney, learning to make good use of less arrest, prosecution and detention of criminal policy, to maximize the rights and interests of the parties is also a trend, twice the result with half the effort is the way to go.