Recently, Mr. Zhang Yanfeng and Mr. Zheng Xian, senior partners of King&Capital Law Firm, filed an application for dismissal of a case that had been pending for 19 years, and successfully dismissed the case, thus safeguarding the client's lawful rights and interests that had been delayed.
Background of the case
In 2004, Ms. Wang, who lived in a certain district of Beijing, was involved in a fraud case involving hundreds of thousands of dollars and became a suspect. During the investigation, the authorities released her on bail pending trial. Thinking that the case is over, she returned to normal life. For more than ten years, Ms. Wang has a stable and well-paid job and a happy family. But this peace was broken by an internal investigation by the security department of her organization.
In April 2022, Ms. Wang's employer decided to terminate her employment contract because it found that she had a "criminal record" and a "bad record". At this time, she realized that the case was not over, and the relevant system could still find information about her involvement in the case. In retrospect, over the years, as long as she traveled, she would often receive inquiries from the local police station; as long as the production of identity cards, will be seriously questioned by the inspectors, and this information may be the root cause of all the trouble.
She has tried many times to communicate with the case management unit. However, because of the age, the police officers who dealt with the case were transferred, some left the job, the problem was not resolved. Seeing the unit promised to deal with the matter of the time limit will come, Ms. Wang turned to lawyers for help.
ZhangYanFeng lawyer, ZhengHuan lawyer heard the above sufferings of the client deeply sympathetic. The problem faced by the lawyers at this time was that Ms. Wang did not provide any more evidence except for a photocopied copy of the Decision on Release from Bail Pending Trial (copy). The facts of the case occurred nearly 20 years ago, and there is no valid information for reference except her own recollection of the relevant details. How to judge the authenticity of the case, how to start to withdraw the case, "old things" whether the client will be adversely affected or even continue to prosecute, all these need to lawyer analysis and judgment, careful choice.
In the end, the lawyers believe that if Ms. Wang said is true, according to the relevant circumstances of the sentence, the case has passed the period of prosecution, and in the bail pending trial, it has been in the local normal work and life did not escape investigation, does not apply to the provisions of the statute of limitations extended. The two lawyers decided to intervene in this case.
The case through
The process of this case has many twists and turns.
At first, the lawyers first contacted the authorities, hoping to submit formalities to inquire about the case and apply for the withdrawal of the case. However, after communicating back and forth with several departments, they all replied that they would not accept written applications.
Immediately afterward, the lawyer contacted the legal department of the case-handling organization in the hope that the department would receive the materials and promote self-examination. However, the legal department still refused to accept the written application on the grounds that "the information on the case could not be found in the system used". After the lawyer continued to explain the dangers and drawbacks of "suspecting the crime from hanging", the department agreed to receive the material in an "informal" way, and whether to receive it formally, need to communicate with the case department to reply.
Things so far, I thought it would usher in a turnaround, but the next day Ms. Wang received a reply from the authorities handling the case: because of the importance of the case, the case decided not to revoke. After several setbacks, Ms. Wang thought that everything was back to square one, at an impasse, the two lawyers did not give up. They filed a criminal case supervision recommendation to the district procuratorate, applying for the procuratorate to review the case. After fully explaining the situation, the Procuratorate received the written materials submitted by the lawyers and initiated the supervision process.
At the beginning of this month, the parties finally got the results of the case, which will be withdrawn in accordance with the law, and the relevant records will also be removed from the Internet.
Case summary
"Suspicion from hanging" is the destruction of China's criminal procedure law "presumption of innocence" principle, contrary to the concept of criminal justice in China. At the judicial level, the public prosecutors and law enforcement in recent years from top to bottom to carry out several rounds of "clean up prolonged detention", investigate "hanging" "backlog" of remedial work; at the legislative level, the law through clear At the legislative level, the law defines the circumstances under which a case should be withdrawn and expands the scope of state compensation, and determines the negative evaluation of the behavior of "suspecting the crime from hanging" in practice. The client, Ms. Wang, who locked her 20- to 40-year-old life in the identity of the suspect because of a case that had not been concluded for more than a decade, deserves our serious consideration.
Procuratorial organs dare to supervise, good supervision is the premise of this case can be properly resolved, the undertaking prosecutor to fulfill their duties, take on the role as the key to this case is finally withdrawn according to law. The lawyer would like to remind the parties in the same situation, should be reasonable through a variety of channels for feedback, do not just delay, so as not to suffer more damage.
