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Non-prosecution of a case in which a reparation understanding was followed by a strong demand by the victim that the person concerned be held liable was ultimately not prosecuted
Released on:2022-09-06

Liu Jihui and Weng Xiaoping handled the case of Gu Moumou suspected of intentional injury, the victim was compensated and issued a letter of understanding, and then strongly demanded that the case authorities to pursue the criminal responsibility of the parties. After unremitting efforts, the case in the examination and prosecution stage finally achieved the result of non-prosecution.

This is a case caused by a drunken dispute. Gumou is a designer, weekend party with friends, in the process of partying with friends and other people next to the dispute. He out of brotherhood, on impulse hit the victim, resulting in minor injuries. Subsequently, Gu was detained.

Lawyers intervene, in the investigation stage, after a lot of communication work, Gu and his relatives and the victim reached an agreement on compensation and understanding, the victim also issued a letter of understanding, Gu was released on bail pending trial. In accordance with the litigation process, the case was transferred to the prosecutor's office, the defense read the file in a timely manner and submitted a recommendation not to prosecute the opinion, the prosecutor replied that according to the specific circumstances of the case, can be considered for the decision not to prosecute.

However, at this critical moment, an accident occurred. When the prosecutor to the victim to verify the understanding of the situation of compensation, the victim said that although the compensation received, but still strongly request the Procuratorate to continue to pursue the criminal responsibility of Gu Moumou. The prosecutor informed the defense of the above changes, and said that the case will continue to prosecute, but will give Gu a minimum sentencing recommendations. In the face of such a change of heart, the defense clearly indicated that it could not accept. In view of this, the defense for the new situation again submitted a supplementary opinion and emphasized: the legal effect of compensation understanding; state organs should guide the maintenance of social integrity value; continue to prosecute will inevitably reduce the probability of such cases in the investigation stage of the victim to obtain compensation, is not conducive to the early dissolution of social contradictions; continue to prosecute will also lead to the parties concerned in the future will ask the prosecutor witnessed the work of reparations, will inevitably increase the workload of the Procuratorate and many other aspects. Increase the workload of the procuratorate and other aspects of the full argument. After submitting the opinion, the lawyer and the prosecutor carried out a number of communication. In the end, the procuratorate after careful study, decided not to prosecute the ancient moumou.

Afterwards, the prosecutor on the defense of the positive attitude and professional defense opinions expressed praise, Gu Moumou and his relatives are also very satisfied with Liu Jihui, Weng Xiaoping two lawyers of the defense work.