Recently, King&Capital Law Firm attorneys Jin Jie and Li Song received the decision of not prosecuting from the People's Procuratorate of a city in Inner Mongolia. So far, lasted five months, the two defense of Inner Mongolia S suspected theft case came to an end.
S a suspected theft case, the origin of the investigating agency's law enforcement officers looking for a unit reportedly lost oat straw bundles, in the S a home cattle pens found in the case of the reported unit lost oat straw bundles of oat straw characteristics similar to the 26 bundles of oat straw, at the same time in the suspect's home cattle pens found on the west side of the rutting of the vehicles left at the scene of the crime exactly match (tire tread pattern, the same arrangement of the order of the tractor-trailer one. Law enforcement officials commissioned the price certification center on the S Mou's home cattle pens found in the 26 bundles of oat straw price certification, to the base date of the market retail price, the appraisal of the value of RMB 2,500 yuan, based on which S Mou suspected of theft, will be transferred to the examination and prosecution of the case.
For the investigating authorities of the logic of the accusation, jinjie, li song lawyer read in detail in the case of evidence materials, li song lawyer made detailed transcripts and charts, carefully combing and analyzing the facts of the case, full research and judgment. On this basis, once again communicate with S, listened to his defense of the facts involved, and verify the relevant evidence. The key to this case is whether the oat straw found in the suspect's home is the oat straw lost in the reporting unit? If so, what is its quality and value? After analysis, it was concluded that the existing evidence does not substantiate the facts of the accusation, thus determining the defense strategy of the case: unswervingly do not guilty defense.
Defense counsel's specific comments: the case accused of "stolen goods" of the same nature has not been confirmed; the so-called "stolen goods" quality, price determination there are obvious errors, the appraisal of the value of the part of the property can not be used as a basis for the case.
Review and prosecution stage, can we press the stop button? Defense lawyers submitted the first time to the procuratorial organs of the defense, and repeatedly with the contractor prosecutor for active, positive, sincere communication, detailed elaboration of the factual basis of the defense and the application of the law. Undertaking prosecutors attach great importance to the opinions of defense lawyers. In view of the case in the fact that there is a big controversy, the procuratorial organs will return the case to the investigating authorities for supplementary investigation. After the supplementary investigation, the defense lawyers again submitted a more targeted supplementary defense opinions on the supplementary evidence.
Finally, the prosecution adhered to the standard of evidence, that the existing evidence is not sufficient to conclude that S a secret theft of other people's property, not up to the four requirements of the crime, is insufficient evidence, does not meet the prosecution conditions, according to the law of S a non-prosecution, S a person to regain his innocence, when the party far away from Inner Mongolia S a person to receive the decision to not prosecute the procuratorate, the excitement of shooting pictures sent to WeChat, to the The defense lawyer expressed his respect.
It is worth mentioning that, due to the client's economic difficulties after the bail pending trial, lawyers in the case, due to the long distance, considering the maximization of work efficiency and the actual situation of the parties, the defense lawyers are through the 12309 China Procuratorate network to achieve the online submission procedures, online reading, and through the phone and postal mail to fully articulate the defense opinions, the case throughout the use of the "Cloud In this case, "cloud communication" was used throughout the whole case, exchanging defense opinions in the space. It also achieved high quality and efficiency, promoted the implementation of the defense work, guaranteed the effective defense work, and also saved time and travel costs for the parties. In this case, as a defense attorney, also heartily admire the rigor, meticulousness and fairness of the prosecutor, fully embodies the mutual trust of the legal community, cooperate with each other, joint efforts, the process and results of this case, the defense attorney has become an example of the "cloud defense", but also the case of the best embodiment of fairness and justice.
