At the end of 2018, A was criminally filed on suspicion of picking quarrels and provoking trouble, but A did not know it.2021 After accepting the commission, Xu Wei, a lawyer of King & Capital Law Firm, promptly communicated with the case-handling authorities and applied for a review of the criminal case to the procuratorial authorities, and eventually the public security authorities withdrew the case.
I. Fishy civil case leads to criminal case
In 2019 A approached me to help him get off the "blacklist".
It turned out that in 2013, A purchased engineering vehicles from B by installment payment. After the quality problem of the construction vehicle, the two parties had a dispute, the contractual counterparty, Company A, filed a lawsuit, but A did not receive the notice of court hearing, and the judgment that A lost the case has come into effect, and A was listed as a defaulter executor.
I investigated and researched and found that B registered A's contact information with Company A as a blank number and the contact address was also wrong. What is even more strange is that a total of 21 similar cases have been publicized, and the defendants in 17 cases failed to appear in court, and the court made a default judgment, with all of them in favor of Company A.
After many rounds of negotiations with Company A, Company A finally agreed to withdraw the application for enforcement against A, and A also gave up the complaint.
Unexpectedly, after more than 1 year of peace, A found me again, saying that it was still the same thing, but this time he was criminally prosecuted.
Because, in order to force B to come forward to solve the previous loss of construction vehicles and the problem of being listed as a bad faith executor, A seized B's construction vehicles.
After accepting the commission, I first went to the criminal police to contact the contractor, and learned that A is suspected of the crime of "provoking trouble", I briefly explained to the contractor my opinion that this is just a private remedy, and does not constitute a crime.
II. conduct of the defense
The crime of picking quarrels and provoking trouble has almost become a well-known "pocket crime", in order to save A from the pocket, my lawyer's opinion totaled 73 pages, more than 40,000 words, 10 pages for the main opinion, and the remaining 63 pages are annexes.
The lawyer's opinion as a whole is divided into three parts, the first part is the description of the basic case, the second part is the legal analysis that A does not constitute the crime of provoking trouble, and the third part is the suggestion about the dispute resolution of this case.
With regard to the part of the legal analysis, the main comments are:
1. according to the crime of judicial interpretation of the provisions of the case, the police did not criticize the impoundment of the act of stopping or administrative punishment, after the case should not be directly accused of provoking trouble;
2. in this case, A does not exist "to seek excitement, vent their emotions, show off" motivation, does not constitute the crime of provoking trouble;
3. B selling quality problems of engineering vehicles, not according to the commitment to repair engineering vehicles, negative handling of after-sales matters to A caused huge losses is an important cause of conflict between the two sides, there is a causal relationship between its behavior and the results of the impoundment of the car, should not be separated from the evaluation of impoundment of the car behavior;
4. A buckle engineering car is forced to choose, using a more legitimate way to pursue B personal responsibility does not have the possibility of expectation;
5. criminal means is a national weapon, has the modesty, only in civil, administrative means can not solve the problem can be used, in practice, and similar disputes in this case, a party can file a civil lawsuit for the return of the original solution.
When we submit the opinion, did not get the contractor's timely response, so I will also be the opinion of the criminal police team leader and the head of the legal system section for a copy.
III. Notification by the Public Prosecutor's Office to the public security organs of the withdrawal of the case
The head of the Criminal Investigation Department received us promptly and, in the light of our comments, allowed B to collect the construction vehicle from A. He said that if A and B could reach a settlement, the public security authorities would take the initiative to withdraw the case. However, B proposed a high compensation of 1.6 million yuan, which A could not accept.
We then applied to the procuratorate at the same level for supervision of the criminal case and submitted additional new evidence. Eventually, the procuratorate examined the case and concluded that A did not constitute a criminal offense, and notified the public security authorities to withdraw the case.
The public security authorities, on the other hand, insisted that the procuratorate's notification was wrong and requested the procuratorate to review the case, suggesting that they would do so with a higher procuratorate. During the review, B proposed to reduce the amount of compensation to about 100,000 yuan, and A agreed to mediation after careful consideration. Eventually, A and B reached a settlement and the public security authorities dropped the case.
IV. Warnings
So far, from the filing to the withdrawal of the case took more than three years, more than three years, A's work and life has been seriously affected: the loss of hundreds of thousands of dollars to buy a car, was listed as "old man", was listed as a suspect, compensation for the loss of B. If A had actively utilized the law to defend his rights in the initial civil dispute, hired professionals to intervene as early as possible, and did not blindly use other means to defend his rights, this type of tragedy could have been avoided.
