Beijing King&Capital Law Firm senior partner Niu Xingli lawyer, King&Capital Law Firm Wang Qingnan lawyers handled the Shandong Province Xu suspected of picking quarrels and provoking trouble, the public prosecution decided not to prosecute, Xu regained his freedom, return to normal life, the legitimate rights and interests of the people have been effectively safeguarded.
When this case was entrusted, Xu was detained for the crime of provoking trouble, before that, the company has signed an investment contract with the government, if the contract can not continue to fulfill, in addition to the criminal liability involved in this case, but also will face a huge civil breach of contract risk, so at this time, his family to the King&Capital lawyers entrusted to the Kyoto lawyers, is the Kyoto lawyers practice level of deep trust and expectations. And expectations.
The first time to fight for bail pending trial, for the non-prosecution to lay a good foundation
The lawyer accepts the commission, combined with the law meet with XuMou understand the situation, think XuMou is very likely not constitute provocation crime. At this time, for XuMou application for bail pending trial that becomes the first work. Niu xingli lawyers through to the public security organs submit "bail pending trial application", put forward "combined with the facts of the case and the relevant legal analysis, Xu's behavior should not constitute the crime of picking quarrels and provoking trouble; Xu has reached a compensation and settlement agreement with the victim and obtain understanding; For the necessity of Xu's detention analysis..." and other points of view for Xu's detention. The public security authorities then approved the application for Xu Mou to be released on bail pending trial, and Xu Mou was successfully released on bail, laying a good foundation for the case to be able to achieve the result of non-prosecution.
Comprehensive understanding of the case, the development of the defense program, and the case authorities to communicate fully
Undertake the lawyer after comprehensive reading, fully combined with the public security organs to transfer the evidence and the background of the case to analyze, that the case facts are unclear, insufficient evidence.
The facts of this case occurred in 2004, to the public security organs on November 25, 2020 when the case investigation was completed and transferred to the examination and prosecution, after nearly sixteen years. On this basis, the defense analyzed that: first of all, the background of this case for the "victim" lv mou and co-suspect li mou because of disputes in the industry, xu mou promised to help li mou, with others want to and lv mou "theory", belongs to the cause, not meet the crime of provoking trouble, the public security organs of the case, the public security organs of the case. Does not meet the elements of the crime of provoking trouble "wanton provocation, randomly beating, harassment of others or arbitrary destruction, occupation of public and private property, or in a public place to create a disturbance, serious disruption of the social order of the behavior", Xu's behavior should not constitute the crime of provoking trouble; Secondly, this case, Lv Mou was beaten in the incident, Xu Mou to the scene and then left. Secondly, in this case, lv was beaten incident, xu mou to the scene and then left, did not participate in the beating behavior, for the scene does not have controllability, and the implementation of the specific beating behavior of the party is now dead, so the investigating authorities for the occurrence of the objective situation can not be further ascertained, the facts are not clear; Finally, the defender put forward, even if xu mou suspected of committing a crime, but this case has been after the statute of limitations, the Xu mou's behavior is in line with legal circumstances of non-prosecution.
Based on the above viewpoints, the defender formulated the defense plan that Xu should not be prosecuted, and actively communicated with the investigating authorities and procuratorial authorities, and in the process of accepting the entrustment, in order to safeguard the lawful rights and interests of the parties to the due diligence of the responsibility.
Live up to the responsibility, finally for the person concerned to the decision not to prosecute
Undertake the lawyer through to the procuratorial authorities to submit "on Xu Mou suspected of picking quarrels and quarrels not prosecuted opinion", around a number of defense points fully explained Xu Mou should not be prosecuted for the facts and legal basis. Procuratorial authorities, after fully listening to the views of defense lawyers, also in line with the attitude of seeking truth from facts, to be adopted, that "the non-prosecution of Xu's behavior constitutes the crime of picking quarrels and provocations of unclear facts, insufficient evidence, does not meet the conditions for prosecution", and ultimately made the decision not to prosecute.
This case from accepting the commission to obtain the good results of not prosecuting, experienced the success of the bail, in the review process was returned to the supplementary investigation of the situation. Undertake lawyers always actively follow up, respect, understanding of the client and his family's demands, and case authorities timely communication, explain the defense, as far as possible to the client is responsible for the case, responsible for the case, in accordance with the law to safeguard the legitimate rights and interests of the client, and achieved the ideal defense effect. The case is King&Capital lawyers on behalf of criminal cases another successful case, King&Capital lawyers "professional, efficient, responsible" attitude to live up to the client's trust!
