Recently, two criminal cases represented by Meng powder lawyers, one of the major liability accidents were not arrested after bail pending trial, the other drunk driving case defendant was not prosecuted. This is the criminal defense lawyers learn to use "less arrest, caution, caution" criminal justice policy, for the parties to maximize the rights and interests of a good illustration.

What is "less arrest, careful prosecution and prudent detention"? It refers to the majority of misdemeanor cases reflecting when leniency is leniency, prudent arrest, detention, prosecution of criminal policy, in short, is for the social harm is small, the social danger of the parties to the misdemeanor cases can not be approved on the arrest, can not be prosecuted on the prosecution. 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.

Although the defense lawyer is not a criminal policy maker, but "less arrest, prosecution and caution" criminal policy practitioners, in the case of how to represent the parties to fight for the maximum rights and interests, based on case experience, in brief, from the following three perspectives to do a good job:

First, as far as possible to ascertain the objective facts of the case, especially in the stage of the arrest can not read the file

Misdemeanor cases may not be simple facts, such as the agent of the "major liability accidents" case, defense lawyers need to clarify the facts and evidence, research professional issues, to identify the causes and consequences of the accident, to confirm the legal causal relationship; drunk driving cases also need to find out the facts, and find out the person does not have the criminal intent of the circumstances and evidence.

Second, to find in line with the "less arrest, careful prosecution, careful custody" criminal policy entry point

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.

Third, good communication with the case department, put forward the criminal policy and the case of the fit, and strive for non-prosecution, 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%, with the procuratorial authorities "catch and prosecute the integration of the internal institutional reform" of the landing, "plea leniency" system, although there are controversial voice, 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.