Recently, the King&Capital law firm Zhu Kun lawyers, Yang Ye intern lawyers handled two criminal cases, one suspected of selling cultural relics, one suspected of intentional injury. Both cases in the prosecutor's office to review and approve the arrest stage, are not approved arrest. Both clients were changed to be released on bail pending trial, and were able to regain their freedom and reunite with their families.
First, suspected of selling cultural relics suspects were not approved arrest
Zhu Kun lawyer undertook the case, after meeting with the law to understand the case, whether the items involved in the cultural relics questioned. Subsequently, the public security organs commissioned judicial appraisal, appraisal conclusions show that the items do not belong to cultural relics. Given that the criminal object of the crime of selling cultural relics is limited to cultural relics whose operation is prohibited by the state, since the articles in question do not belong to cultural relics, the suspect fundamentally does not constitute the crime of selling cultural relics.
Although the crime of selling cultural relics is not established, but Zhu Kun lawyer and consider whether the suspect will be suspected of fraud. In the meeting, by asking the suspect, Zhu Kun lawyer learned that the items are suspects from others at a high price, has been thought to be real antiques. When the suspect sold the items, no exaggerated publicity, no promise of "fidelity", just let the buyer "by eye" price. Zhu Kun lawyer that the suspect did not know that the items are fake antiques, selling, there is no fictitious facts, concealment of the truth of the behavior, the suspect does not constitute a crime of fraud. Procuratorate review and approval stage, Zhu Kun lawyer will suspect neither constitute the crime of selling cultural relics, also does not constitute the crime of fraud with the procuratorate to communicate with the procuratorate, and finally the procuratorate to make the decision not to approve the arrest. The suspect was detained in the 37th day, was changed to bail pending trial, to be reunited with his family.
Suspected of intentional homicide suspect was not approved arrest
After Zhu Kun undertook the case, he learned the basic facts of the case from the suspect's family. In view of the facts of the case is relatively simple, Zhu Kun lawyers believe that the public security organs are likely to be in the suspect was detained within 3-7 days, to the Procuratorate to approve the arrest. With the consent of the victim, Zhu Kun lawyers to assist the suspect's family and the victim to negotiate a settlement, and in the public security organs are ready to submit to the procuratorate to approve the arrest of the day before, and the victim reached a "settlement agreement", the victim also issued a written "criminal understanding. Subsequently, Zhu Kun lawyers to the public security organs to submit the "settlement agreement" and "criminal understanding", and submit the "application for bail pending trial". The following day, the public security authorities notified the suspect's family of their decision to extend the suspect's detention, and indicated that they would report the application for bail pending trial submitted by Mr. Zhu Kun. Two days later, the public security authorities replied to Mr. Zhu Kun that the suspect would not be released on bail pending trial because "the measures taken are not sufficient to prevent the occurrence of social danger, and there is a possibility that the person may escape".
Procuratorate approval of the arrest stage, Zhu Kun lawyers with the arresting prosecutor to communicate, understand the arresting prosecutor focus on whether the suspect confessed to the crime, whether the possibility of escape two issues. Zhu Kun lawyer, Yang Ye intern lawyer in accordance with the law to meet with the suspect on the basis of the Procuratorate submitted to the "should not approve the arrest of the suspect's lawyer defense opinion. In the end, the Procuratorate adopted the defense opinions of Zhu Kun and Yang Ye, and decided not to approve the arrest of the suspect. On the 14th day of the suspect's detention, the detention measure was changed to release on bail pending trial, and he was able to be reunited with his family.
"The pursuit of excellence, not to be entrusted" is the motto of every King&Capital people, the road of criminal defense, King&Capital lawyers will move forward.
Translated with DeepL.com (free version)
